Intellectual Property

  • October 10, 2017

    Allergan Ordered To Prove Tribe Patent Deal Isn’t A ‘Sham’

    Allergan Inc. needs to prove that its controversial transfer of four patents for the dry eye treatment Restasis to the Saint Regis Mohawk Tribe was more than a “sham” before the tribe can be added to infringement litigation against Teva, Mylan and others, a federal judge in Texas said.

  • October 10, 2017

    No-Show Suspended Atty Ordered To Pay $350K In SEC Case

    A noted patent lawyer from Texas who was accused by the U.S. Securities and Exchange Commission of scheming to steal from small business escrow accounts was ordered to pay $350,000 by a New York federal judge on Friday after he failed to contest the government’s claims.

  • October 10, 2017

    The Firms Filing The Most Trademark Suits

    The list of firms filing the most trademark lawsuits over the third quarter of 2017 is topped by a newcomer, who surged up the rankings by filing nearly two dozen cases over counterfeit marijuana gear.

  • October 10, 2017

    Muhammad Ali TM Owner Sues Fox Over Super Bowl Video

    The company that owns the rights to the identity of legendary boxer Muhammad Ali hit Fox Broadcasting Co. with a $30 million lawsuit in Illinois federal court on Tuesday, claiming that a promotional video shown before the 2017 Super Bowl used images of Ali and his story without its authorization.

  • October 6, 2017

    Amgen Sues Genentech To Shield Avastin Biosimilar

    Amgen Inc. filed a suit in California federal court Friday seeking a declaration that 27 patents related to Genentech’s cancer treatment Avastin are invalid, unenforceable and aren’t infringed by Amgen’s biologic, which won U.S. Food and Drug Administration approval last month.

  • October 6, 2017

    PTAB Isn't Making CBM Reviews Any Easier For Challengers

    With its refusal to adopt a "time of filing" rule, the Patent Trial and Appeal Board reinforced a means of avoiding covered business method reviews and continued a trend toward making CBM challenges difficult for petitioners, attorneys said.

  • 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.

Expert Analysis

  • 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.

  • Beyond TC Heartland: Venue In Other Types Of IP Cases

    Mark Schonfeld

    Venue can be a crucial, even dispositive, decision in intellectual property lawsuits. Much has been written about the U.S. Supreme Court’s recent TC Heartland decision on patent venue. Now let's look at what plaintiffs should know about venue in cases involving copyrights, trademarks and trade secrets, says Mark Schonfeld of Burns & Levinson LLP.

  • 8 Ways To Avoid Inter Partes Review Estoppel


    Despite the uncertain landscape for inter partes review estoppel, there are strategies that every petitioner can implement to best preserve invalidity arguments for district court litigation, say Michael Guo and Matthew Kreeger of Morrison & Foerster LLP.

  • It Might Be A Bad Idea For NPEs To Attack Cloud Services

    Chad Ennis

    By modifying their user agreements, cloud service providers have signaled that nonpracticing entities will face tough and organized opponents if the NPEs use their standard tactics, say Chad Ennis and Chris Shield of Bracewell LLP.

  • Questioning PTAB Due Process In Fed. Circ. Appeals

    Miyoung Shin

    Five recent decisions provide useful guidance as to where the Federal Circuit has drawn the line between the scope of the Patent Trial and Appeal Board's authority and the Administrative Procedure Act’s procedural requirements, says Miyoung Shin of Brinks Gilson & Lione.