Intellectual Property

  • October 6, 2017

    Apple's Top Legal Eagle Retiring, Ex-Honeywell Exec New GC

    Apple Inc.’s general counsel is retiring and will be replaced by a former Honeywell senior vice president and GC, the phone and computer titan announced Friday.

  • October 6, 2017

    McCaskill Drafts Bill To Block Tribal Immunity In Patent Review

    Sen. Claire McCaskill, D-Mo., piled on to lawmakers’ objections to Allergan PLC’s transfer of patents for dry-eye treatment Restasis to a Native American tribe, releasing a draft bill Thursday aimed at nixing tribal immunity in reviews by the Patent Trial and Appeal Board.

  • October 6, 2017

    Collegium Infringing OxyContin Patents, Purdue Says

    Collegium Pharmaceutical Inc. is infringing two of Purdue Pharma LP's patents tied to the opioid painkiller OxyContin when making and selling its painkiller Xtampza ER, Purdue alleged on Friday in Massachusetts federal court, as part of a long line of similar suits.

  • October 6, 2017

    'Blurred Lines' Stars Battle Marvin Gaye Heirs At 9th Circ.

    A closely watched copyright case over whether Pharrell Williams and Robin Thicke's 2013 chart-topper “Blurred Lines” infringed Marvin Gaye’s iconic “Got To Give It Up” was argued Friday before the Ninth Circuit, where attorneys for the two sides clashed over what exactly a trial jury was allowed to hear.

  • October 6, 2017

    Phone Patent Claims Against Gov't Time-Barred: Fed. Circ.

    A Federal Circuit panel affirmed a Court of Federal Claims decision to nix an inventor’s suit alleging that the U.S. government infringed his intellectual property related to dual handset telephones, finding Friday that he failed to sue within a special statute of limitations.

  • October 6, 2017

    Biotech Firm Can Arbitrate Patent Row At AAA, Chancery Says

    The Delaware Chancery Court on Friday ordered a Finnish renewable resources company to arbitrate its patent dispute with a Pennsylvania-based biotechnology startup before the American Arbitration Association, rejecting use of the International Chamber of Commerce despite the companies' agreeing to that venue too.

  • October 6, 2017

    ITC To Probe Toyota, BMW, Others Over Electric Motor Parts

    The U.S. International Trade Commission said Thursday it will be kicking off an investigation into thermoplastic parts used in imported cars by Toyota, BMW and others, after a judge previously terminated a probe upon discovering that petitioner Intellectual Ventures II LLC lacked standing because of an error in an assigning agreement.

  • October 6, 2017

    $60M Merck Pay-For-Delay Deal, $20M Atty Fees Approved

    A New Jersey federal judge Thursday signed off on a $60 million settlement reached by Merck and Upsher-Smith with a class of direct purchasers who accuse the drug companies of engaging in a pay-for-delay scheme tied to potassium supplements and then granted more than $20 million in attorneys' fees to the class counsel.

  • October 6, 2017

    Womble Carlyle Adds McCarter & English Patent Pros

    Three former McCarter & English LLP partners with decades of combined experience in life science and engineering patent applications, prosecutions and litigation, have joined Womble Carlyle Sandridge & Rice LLP in its new Boston office.

  • October 6, 2017

    Medline Says CR Bard Copied Innovative Surgery Kit

    Medical supply giant Medline is suing competitor C.R. Bard over the design of an infection-combating catheterization kit, telling an Illinois federal court in papers filed Thursday that Bard is willfully infringing a patent issued just weeks ago.

  • October 6, 2017

    Attys Argue For 1/3 Slice Of $15M Asacol Deal Pie As Fees

    Attorneys for direct purchasers who recently struck a $15 million deal in a suit accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their drug Asacol urged a Massachusetts federal judge Thursday to hand them almost $5.46 million in fees and expenses, arguing that they are asking for significantly less than the $8.3 million worth of work they did in the case.

  • October 6, 2017

    IP Hires: Greenberg Traurig, K&L Gates, Pierce Atwood

    In this week's intellectual property partners on the move, Greenberg Traurig nabs a patent litigator who represents generic-drug makers, K&L Gates boosts its practice with an ex-Kilpatrick Townsend attorney, and Pierce Atwood adds a patent attorney in New England. Here, we offer details on the attorneys who have landed new jobs.

  • October 5, 2017

    Foot Care Co. Says Rival Exploited Its IP In Online Sales

    A company that sells a line of therapeutic foot products accused a competitor in Illinois federal court Wednesday of stealing its product photos and using its trademarks without permission to sell items on Amazon.

  • October 5, 2017

    Eli Lilly Beats Challenge To Cancer Treatment Patent

    The U.S. Patent Trial and Appeal Board found Thursday that a patent protecting the vitamin regimen for one of drugmaker Eli Lilly & Co.’s best-selling cancer treatments, Alimta, is valid, rejecting a challenge to 22 of its underlying claims.

  • October 5, 2017

    Chicago Font Co. Takes Aim At Target's Use Of Typeface

    Target is using a font company's most popular typeface in branding and advertising far beyond what is allowed by the firms' licensing agreement, according to an infringement suit filed against the retail giant in Illinois federal court Wednesday.

  • October 5, 2017

    Meat Loaf Stole 'I’d Do Anything For Love' Song, Suit Says

    Meat Loaf was slapped with a copyright infringement suit in California federal court Wednesday claiming his hit “I’d Do Anything For Love” was stolen more than 24 years ago, likely through the attorney who concurrently represented the rocker’s songwriter and the alleged song composer.

  • October 5, 2017

    Can Louis Vuitton® Not Take A Joke?

    Louis Vuitton Malletier SA made news this week at the U.S. Supreme Court with a high-profile case over parody bags, but that’s nothing new: Over the past decade, the designer has been at the center of an unusually high number of similar lawsuits over joking references to its products.

  • October 5, 2017

    Fed. Circ. Probes Joint Infringement In Lock Patent Case

    A Federal Circuit panel on Thursday examined the reach of its recent decision that made it easier to prove that multiple parties have jointly infringed a patent, with the judges appearing skeptical that the ruling applied to a case involving luggage locks that airport security workers can open.

  • October 5, 2017

    Dueling US, EU Tax Claims May Pose Challenge For Amazon

    Amazon in recent days has found itself defending against overlapping tax claims from the European Commission and the U.S. Internal Revenue Service, with no clear path to disputing them if the IRS prevails.

  • October 5, 2017

    Kraft Wants Full Fed. Circ. To Review Obviousness Ruling

    A Kraft unit urged the Federal Circuit on Wednesday to rehear a split panel decision affirming the invalidation of a resealable cookie container patent that Kraft accused Kellogg of infringing, saying the panel used an analysis that is prohibited by the court.

Expert Analysis

  • PTAB At 5: Part 1 — Surprises And Lessons Learned

    Eldora Ellison

    The Patent Trial and Appeal Board began operations in September 2012. Five years later, attorneys with Sterne Kessler Goldstein & Fox PLLC look back at the first phase of the Trial Division’s history and compare the results with predictions at its inception.

  • Proving Injury In Lanham Act False Ad Cases

    Susan Cook

    Recent case law underscores the importance of demonstrating a strong causal link between a false or misleading statement forming the basis of a Lanham Act false advertising claim and a resulting injury to the plaintiff. These decisions provide valuable guidance for any company that wishes to pursue or needs to defend against a false advertising claim, say Susan Cook and Rebecca Mandel of Hogan Lovells.

  • A Closer Look At 9th Circ. Video Filtering Copyright Ruling

    Jim Burger

    Some have cast the Disney v. VidAngel proceeding, recently decided by the Ninth Circuit, as the “big studios” versus the “little guy.” This is far from the truth. Instead, copyright law served to vindicate a small Utah company that pioneered filtering and adhered to the law, says Jim Burger of Thompson Coburn LLP.

  • Not Nautilus: McAward And PTAB's Definiteness Standard

    Brian McCormack

    The Patent Trial and Appeal Board's recent precedential decision in McAward confirms that the PTAB will continue to hold patent applications to a higher level of scrutiny relative to the district courts’ Nautilus definiteness standard for issued patents, say attorneys with Baker McKenzie.

  • Aligning A Product's Marketing, Regulatory And IP Plans

    Raymond Miller

    Marketing plans for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device, could impact both regulatory and exclusivity strategies. Innovators should consider how they will position their product in the market and whether their exclusivity strategy aligns with their marketing strategy, say attorneys with Pepper Hamilton LLP.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Welcome To Wilmington: What Patent Lawyers Need To Know

    Sherry Salmons

    While Wilmington, Delaware, is generally a pro-plaintiffs venue, there are also avenues by which corporate defendants can gain significant traction in this town, says Sherry Salmons of Salmons Communications Consulting.

  • 4 Cases That Will Guide The Future Of TTAB Proceedings

    Eric Ball

    The Trademark Trial and Appeal Board has long been viewed as an economical alternative to litigation for parties seeking to protect their trademark rights. But if developments in four recent trademark cases are any indication, that may be changing soon, says Eric Ball of Fenwick & West LLP.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Advising Departing Employees On How To Keep Future Jobs

    Nancy Shilepsky

    Employees who do not manage their career moves carefully — like the recent example of former “star” Uber engineer Anthony Levandowski — can find themselves unemployed and in legal trouble. However, there are several precautions that can make a critical difference and increase the chances of a smooth transition to a new job, say attorneys with Sherin and Lodgen LLP.