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Intellectual Property

  • May 16, 2018

    Ex-Law Prof Asks 3rd Circ. To Rethink Deal On Plagiarism

    A former adjunct law professor asked the Third Circuit on Tuesday to reconsider its decision leaving in place a settlement he reached with Rider University after being accused of plagiarism, which he says was the result of the university suppressing evidence that he had been given permission to use another professor’s syllabus.

  • May 15, 2018

    Fed. Circ. Affirms Alice Win For SAP On Financial Data Patent

    The Federal Circuit on Tuesday affirmed a Texas federal judge's finding that InvestPic LLC's patented method for analyzing financial data, which it asserted against SAP America Inc., was invalid under Alice for claiming a noninventive and abstract mathematical idea.

  • May 15, 2018

    Tribal Patent Pacts An 'Assault' On IPR System, Fed. Circ. Told

    Several generic drug companies have urged the Federal Circuit to uphold the Patent Trial and Appeal Board’s finding that it could reevaluate patents for the dry-eye drug Restasis, in spite of Allergan’s decision to transfer its intellectual property to the Saint Regis Mohawk Tribe and invoke sovereign immunity to avoid inter partes review.

  • May 15, 2018

    Google Cries Foul At Architect’s Revised RICO Suit

    Google objected Tuesday to an architect’s sixth attempt at alleging the tech giant stole his building design technology trade secrets, saying the amended suit filed in California federal court with bolstered Racketeer Influenced and Corrupt Organizations Act claims was improperly filed without the court’s permission.

  • May 15, 2018

    ZimmerBiomet Scores $13M In Fees In Howmedica IP Fight

    A New Jersey federal judge has awarded ZimmerBiomet $13.3 million in attorneys’ fees and more than $500,000 in costs following a long-running polymer-patent dispute with Howmedica that resulted in the invalidation of four of the latter company’s patents, according to court documents unsealed Monday.

  • May 15, 2018

    Here's What The Music Modernization Act Would Do

    The Music Modernization Act, a major copyright bill that’s looking more and more likely to become law, is really a package of small tweaks and amendments. Here’s a breakdown of exactly what’s in the latest version.

  • May 15, 2018

    Samsung Owes Apple Over $1B For Ripping Off IP, Jury Told

    Apple told an eight-member jury during opening statements in a high-profile California federal damages trial Tuesday that Samsung owes it more than $1 billion for infringing three of Apple's design patents covering iPhones, while Samsung pegged the number at just $28 million.

  • May 15, 2018

    Fed. Circ. Says Only 1 District Per State Can Be Patent Venue

    Rebuking Eastern District of Texas Judge Rodney Gilstrap, the Federal Circuit ruled Tuesday that when companies are incorporated in states with multiple judicial districts, only one is the proper venue for a patent lawsuit, negating decisions that allowed suits in every district.

  • May 15, 2018

    Dartmouth Says PTAB Abused Discretion In Post-SAS Ruling

    Dartmouth College claims the Patent Trial and Appeal Board abused its discretion when it scrapped an earlier ruling and decided to review all of the challenges against the university’s vitamin supplement patent after the recent U.S. Supreme Court decision that curbed the board's ability to pick and choose claims to review.

  • May 15, 2018

    FDA Clears Hospira's Biosimliar Of Amgen's Epogen

    The U.S. Food and Drug Administration on Tuesday approved Hospira’s Inc.’s anemia medication Retacrit, a biosimilar of Amgen Inc.’s blockbuster biologic Epogen, bringing the total number of biosimilars approved by the agency to 10.

  • May 15, 2018

    3rd Circ. Already OK'd Lipitor State Claims, Health Plans Say

    The Third Circuit has already cleared a group of health plans that paid for the blockbuster cholesterol medication Lipitor to bring antitrust litigation against Pfizer Inc. and Ranbaxy Inc. based on various state laws, so the drugmakers' bid to dismiss the claims is fruitless, the plans told a New Jersey federal court Monday.

  • May 15, 2018

    NASA Supplier Can't Immediately Enforce $3.1M Judgment

    A Pennsylvania federal judge paused NASA supplier Advanced Fluid Systems Inc.’s bid to enforce a $3.1 million judgment against rival supplier Livingston & Haven LLC, finding that Livingston had properly requested a stay by securing a letter of credit as security while it seeks a new trial.

  • May 15, 2018

    Sens. Push Trump Not To Give Away Cheese Names In NAFTA

    Two dozen U.S. senators urged the Trump administration to protect the use of common cheese names in the North American Free Trade Agreement Tuesday, expressing consternation that a bilateral deal between the European Union and Mexico could clamp down on U.S. dairy producers.

  • May 15, 2018

    Nobody Will Confuse 'MoMaCha' With MoMA, Cafe Says

    A Manhattan cafe is fighting a trademark lawsuit brought against it by the Museum of Modern Art in New York federal court, arguing that MoMA’s bid to stop the cafe from using similar marks fails to show the museum will be irreparably injured or consumers will be confused by their use.

  • May 15, 2018

    Related Nixes Claims In Poaching, Trade Secrets Suit

    A New York federal judge on Monday threw out four remaining claims against the Related Cos. in a dispute over the real estate developer’s alleged poaching of a building company’s president and its trade secrets, but said a recent New York state court ruling left the door open for two previously dismissed claims to be revived.

  • May 15, 2018

    Texas Store Buc-ee's Says Competitor Logo Is Too Similar

    Counsel for the popular Texas-based convenience store Buc-ee's told a panel of jurors in federal court in Houston on Tuesday that it was forced to file suit against a rival store because the rival’s logo — a cartoon alligator wearing a cowboy hat — is too similar to Buc-ee's logo of a cartoon beaver wearing a baseball cap.

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    Streaming Music Bill Hits The Right Notes On Capitol Hill

    Famous musicians, bipartisan lawmakers and rival industry groups all voiced support at a Senate hearing Tuesday for a package of copyright amendments that would make major changes to how streaming music services such as Spotify pay royalties.

  • May 15, 2018

    Biotech Co. Wins $14.5M Verdict Over Modified Yeast Patent

    A Wisconsin federal jury awarded a $14.5 million verdict to a Netherlands-based biotechnology firm over allegations that two yeast producers infringed its patent covering genetically modified yeast cells that boost ethanol production.

  • May 15, 2018

    2nd Circ. Won't Rehear TVEyes Fair Use Case

    The full Second Circuit on Monday refused to reconsider its February ruling that the media-monitoring service TVEyes violated copyright law by offering a search engine of video clips from Fox News and others.

Expert Analysis

  • Fed. Circ.'s Latest Guidance On Method-Of-Treatment Claims

    Preston Ratliff

    This month's decision in Vanda v. West-Ward is the first Federal Circuit opinion to directly speak to the patent eligibility of method-of-treatment claims under the Mayo two-step framework, and builds on the court’s decision in CellzDirect in embracing the importance of step one of the Mayo test, say attorneys with Paul Hastings LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 1

    Shylah Alfonso

    The American Bar Association’s 66th Antitrust Law Spring Meeting included a number of sessions with representatives from federal and state antitrust enforcement agencies. Attorneys with Perkins Coie LLP offer some key takeaways from those sessions.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Enforcing IP Rights In China: A Road Map For US Companies

    Joseph Mueller

    The United States loses between $225 billion and $600 billion each year due to misappropriation of intellectual property — up to 80 percent of which has been attributed to China. When determining how best to protect and enforce IP in China, American businesses should know the powers, limits, and potential remedies available in both Chinese and U.S. forums, say attorneys with WilmerHale.

  • Preparing For High Court's Looming Oil States Decision

    Tom Leach

    Analysis of the issues and oral argument in Oil States v. Greene's suggests most U.S. Supreme Court justices believe inter partes reviews are constitutional, but it is not a foregone conclusion. Patent owners and IPR petitioners should be considering strategies for both possible outcomes, says Tom Leach of Merchant & Gould PC.

  • When Your Trademark Is A False Advertisement

    Mike Justus

    False advertising issues continue to plague brand names and trademarks in a variety of forums and contexts. Recent legal trends are instructive for trademark and advertising counsel, says Mike Justus of Katten Muchin Rosenman LLP.

  • What Cos. Need To Know About China’s New Market Regulator

    Katherine Wang

    As part of a sweeping government restructuring plan announced last month, China is merging a range of government agencies into the new State Market Regulatory Administration. Multinational companies doing business in China must pay close attention to how functions within the newly consolidated agency will be organized, say attorneys with Ropes & Gray LLP.

  • Fed. Circ. Case May Change Biosimilar IPR Strategy

    Benjamin Jackson

    Biosimilar developers have been aggressive in filing petitions for inter partes reviews of biologics patents, many of them preceding the filing of a marketing application. The Federal Circuit's upcoming decision in Momenta v. Bristol-Myers Squibb promises to impact that trend, say Benjamin Jackson and Jordan Engelhardt of Patterson Belknap Webb & Tyler LLP.

  • Why Bankruptcy Lawyer's Trade Secret Cases Failed

    James Morsch

    Peter Francis Geraci — owner of a large consumer bankruptcy firm based in Chicago — recently lost two trade secret cases, illustrating just how difficult it can be to win a lawsuit for misappropriation against individuals employed by a rival, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.