Intellectual Property

  • June 16, 2017

    IP Hires: Latham, Winston & Strawn, Bracewell

    In this week’s intellectual property partners on the move, Latham & Watkins hires two ex-Kirkland & Ellis pros with experience representing Deutsche Bank, Winston & Strawn bolsters its Silicon Valley office with three attorneys from Fish & Richardson, and Bracewell adds a patent expert who spent 13 years at Andrews Kurth. Here, we offer details on these partners who have landed new jobs.

  • June 16, 2017

    Humana Drops Pay-For-Delay Claims Against Boehringer

    Boehringer Ingelheim Pharma GmbH & Co. KG and Boehringer Ingelheim International GmbH & Co. on Friday reached an agreement with Humana Inc. in Connecticut federal court to dismiss Humana’s antitrust claims related to the pharmaceutical company’s alleged role in a scheme to block generic alternatives for its stroke-prevention drug Aggrenox.

  • June 16, 2017

    Ex-Patent Examiner Gets 7 Years For Stabbing DJ At USPTO

    A former patent examiner who stabbed a DJ leaving an after-hours event at the U.S. Patent and Trademark Office location in Alexandria, Virginia, will serve seven years in prison after previously pleading no contest to a malicious wounding charge.

  • June 16, 2017

    Conspirator In Fake 5-Hour Energy Scheme Gets 6 Months

    A conspirator who pled guilty in California federal court to being part of a scheme to peddle fake 5-Hour Energy drinks was sentenced Thursday to six months in prison and ordered to pay $555,801 in restitution to Living Essentials LLC, the drink’s maker.

  • June 16, 2017

    Full Fed. Circ. Won't Eye Axing Of Apple IP In Samsung Case

    The Federal Circuit on Friday denied Apple's bid for the court to rehear an April ruling in which it affirmed as invalid most of the claims of a touch-screen patent the technology giant asserted against rival Samsung.

  • June 16, 2017

    Forest Says Namenda Buyers Can't Use Its Own Consultant

    Forest Laboratories LLC on Thursday asked a New York federal court to disqualify Namenda buyers’ expert witness, as he consulted with the drug company for nearly 15 years, including on the patent litigation at the heart of this pay-for-delay proposed class action.

  • June 16, 2017

    5 Issues To Watch As Oculus Fights $500M ZeniMax Verdict

    Facebook-owned Oculus is set for a post-trial showdown in Texas federal court Tuesday against video game developer ZeniMax that's been months in the making, as the parties wrestle to come out ahead in the wake of a $500 million trial involving some of Silicon Valley's hottest technology. Here, Law360 highlights five of the contentious issues in the court's hands.

  • June 16, 2017

    Fed. Circ. Wrongly Nixed Abstract Design IP, Justices Told

    Synopsys has furthered its bid for U.S. Supreme Court review of a decision invalidating the technology company's microchip design patents on the grounds they claimed abstract ideas, saying the Federal Circuit took too narrow of a view in its analysis of the patents' claims.

  • June 16, 2017

    St. Paul Settles Coverage Suit Over Porn Site IP Battle

    St. Paul Fire and Marine Insurance Co. and Usenet service provider Giganews Inc. told the Fifth Circuit on Thursday they had settled a battle over coverage of defense costs from copyright litigation.

  • June 16, 2017

    Luxury Candy Seller Says Competitor Isn't Acting Sweet

    High-end candy retailer Sugarfina Inc. slapped a competitor with an infringement suit Thursday in California federal court, alleging that Sweet Pete’s LLC has tried to capitalize on its success by copying its innovative packaging and products, confusing consumers in the process.

  • June 16, 2017

    Plaintiffs Firm Hits Ex-Associate With Trade Secrets Suit

    Chicago-area plaintiffs firm Anderson + Wanca sued one of its former associates in Illinois court, claiming the attorney took confidential client and firm documents with him when he left last year.

  • June 16, 2017

    2nd Circ. Judge Asks If Online Shopping Impacts Key TM Test

    Second Circuit Judge Guido Calabresi asked Friday if a Manhattan trial judge should have focused more on the world of online shopping before dismissing millennial women's retailer Joules Ltd.'s  trademark suit claiming infringement against Macy's over its “Maison Jules” clothing line.

  • June 16, 2017

    Gizmo Beverages Sues Ex-Chair For TM Infringement

    Gizmo Beverages Inc., which owns the patent rights to a device that stores fresh ingredients inside a nitrogen-pressurized chamber for later use in drinks and other products, has sued its former chairman in California federal court for trademark infringement, cyberpiracy and illegally taking possession of the company’s property.

  • June 16, 2017

    Actavis At 4: Where Pay-For-Delay Litigation Stands

    It has been four years since the U.S. Supreme Court ruled that brand-name drugmakers' payments to generics companies in patent settlements can raise antitrust concerns, but despite calls for clarity on such pay-for-delay deals, it is unclear if the justices will ever revisit the decision. Here is a circuit-by-circuit look at the past year’s key developments in pay-for-delay cases.

  • June 15, 2017

    Congress Has Options On Post-TC Heartland Venue Tweaks

    Lawmakers are eyeing new legislation to define where patent suits can be filed following the U.S. Supreme Court’s TC Heartland ruling, and the approaches Congress could take range from limiting venue rules even further to giving plaintiffs more options on where to sue, attorneys say.

  • June 15, 2017

    Top Female IP Litigators Give Tips On Combating Gender Bias

    Leading female intellectual property litigators speaking at a Silicon Valley conference on Wednesday shared hard-won tips on combating gender bias in the courtroom, including how to respond when a frustrated male opponent lashes out with a sexist comment.

  • June 15, 2017

    NYC Eatery Says Its TM Doesn't Tread On Condiment Co.'s

    A New York City restaurant chain known for its “roadhouse” style atmosphere asked a federal judge Thursday to clear it of trademark infringment accusations by a condiment maker that sells a brand of barbecue sauce under the same name, saying there was no likelihood of confusion between the two.  

  • June 15, 2017

    Viacom 'Bubble Guppies' TM Row Splashes Down In 6th Circ.

    A Michigan federal judge erred in bringing a quick end to a case in which Viacom faced allegations that promotional merchandise for its “Bubble Guppies” cartoon on Nickelodeon infringed trademarks owned by a children’s clothing company, the clothing company’s owners told the Sixth Circuit on Wednesday.

  • June 15, 2017

    Clients' Verbal Foul-Ups Rarely Burn Their Lawyers

    Belligerent litigants may hurt themselves with profane attacks on opposing counsel, but this rarely translates into ethics liability for their lawyers, say experts, who see long-shot chances for sanctions sought by Fox Rothschild attorneys representing Hallmark against counsel for an allegedly foul-mouthed company president.

  • June 15, 2017

    Kirtsaeng V. Wiley: Lessons From Year One

    A year later, experts say the impact of the U.S. Supreme Court’s Kirtsaeng v. John Wiley ruling on attorneys' fees in copyright cases has been clarity and consistency, not a huge change in the ways courts are ruling.

Expert Analysis

  • The On-Sale Bar And USPTO Practices After Helsinn

    Pranay Pattani

    Interestingly, the Federal Circuit’s recent ruling in Helsinn v. Teva squarely contradicts the U.S. Patent and Trademark Office’s position on America Invents Act on-sale bars to sales that are public, say Pranay Pattani and Thomas Kelton of Haynes and Boone LLP.

  • High Court Continues To Weaken Patents

    David Newman

    Three U.S. Supreme Court rulings — Alice, Cuozzo and last week's TC Heartland decision — disfavor patent owners and could combine to slow innovation in the United States, says David Newman, leader of Gould & Ratner LLP's intellectual property practice.

  • In Other IP Venue News ... A Change In Northern Illinois

    Marc Cooperman

    After the U.S. Supreme Court's TC Heartland decision, venue considerations in intellectual property cases are undergoing seismic shifts, but some of them are below the radar. The Northern District of Illinois' new “mandatory initial discovery” program should make the district an even more attractive venue for well-prepared IP owners, says Marc Cooperman of Banner & Witcoff Ltd.

  • Fed. Circ.'s Approach To Unexpected Results In Pharma Cases

    Francis C. Lynch

    In many obviousness challenges to pharmaceutical patents, patentees have presented evidence of unexpected advantages or properties of claimed inventions in support of nonobviousness. The Federal Circuit initially used such unexpected results to support the nonobviousness but in recent years has refused to give them significant weight, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Northern Ga. May Be Popular Patent Venue Post-TC Heartland

    Coby Nixon

    While Delaware will certainly see its patent docket swell post-TC Heartland, another state that is likely to see an uptick is Georgia. Because the Northern District of Georgia will be new to a number of lawyers, Coby Nixon and Seth Trimble of Taylor English Duma LLP share some tips based on their experience as local and lead counsel on patent infringement matters within the district.

  • A New Era For Software Patents In China

    Elizabeth Chien-Hale

    At a time when the U.S. is pulling back on the patentability of software inventions, China is moving in the opposite direction. Recent changes to Chinese guidelines expanded patentability of business method patents and enhanced claiming options for patents covering software inventions, says Elizabeth Chien-Hale of Brinks Gilson & Lione.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • TC Heartland Paves Road To 'The Delaware Way'

    Denise Kraft

    The U.S. Supreme Court's TC Heartland decision this week will likely lead to more patent litigation filings in Delaware, which will lead to more patent litigators following the bedrock principles required of every attorney who practices in the District of Delaware — a level of professionalism we call "The Delaware Way," says Denise Kraft of DLA Piper LLP.

  • AIA Trial Institution Rates Are Good News For Patent Owners

    Kerry Taylor

    The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down, say Kerry Taylor and Nathanael Luman of Knobbe Martens Olson & Bear LLP.