Intellectual Property

  • August 8, 2017

    Athena Diagnostic Test Patent Axed For Covering Natural Law

    A Massachusetts federal judge has found an Athena Diagnostics patent on a test for diagnosing an autoimmune disease invalid for claiming only a patent-ineligible law of nature, handing a win to the Mayo Clinic, which was accused of infringement.

  • August 8, 2017

    To Deny TC Heartland A Change 'Ignores Reality,' Judge Says

    The U.S. Supreme Court’s recent TC Heartland decision, which put limits on where patent lawsuits can be filed, was a change in the law, according to a Minnesota federal judge who said that to find otherwise “effectively ignores reality.”

  • August 8, 2017

    Generic Giants Ask Fed. Circ. To Nix Vimpat Patent

    Actavis Inc., Mylan Pharmaceuticals Inc. and other drug companies teamed up Tuesday for an assault on UCB Inc.’s patent for the anti-convulsant Vimpat at the Federal Circuit, seeking the chance to market generic versions of the epilepsy treatment.

  • August 8, 2017

    Sprint Relieved Of $32.2M Judgment After Prism IP Axed

    A Nebraska federal judge on Tuesday unhooked Sprint from a $32.2 million judgment after a Federal Circuit panel in a separate case invalidated the two Prism network security patents that a jury determined Sprint infringed.

  • August 8, 2017

    9th Circ. Web Moderator Ruling Should Stand, Photo Co. Says

    A photo licensing company pushed back Tuesday on calls for the full Ninth Circuit to reconsider a copyright ruling that Google and Facebook have characterized as a “threat” to the internet, saying the tech giants are serving "their narrow, sectarian interests."

  • August 8, 2017

    LeVar Burton's Use Of 'Reading Rainbow' Marks Put On Hold

    Actor LeVar Burton, host of "Reading Rainbow," must turn over control of the website for the beloved children’s literacy show to the public broadcaster that claims he’s infringing copyrights by holding them, at least until a hearing in the dispute next month, according to a New York court order Tuesday that also keeps him from using the show's catchphrase.

  • August 8, 2017

    Showtime, Fugees Member Settle Documentary Copyright Suit

    Showtime and a film production company owned by Pras Michel, a founding member of hip-hop group The Fugees, reached a settlement in a copyright infringement suit, dropping allegations in California federal court that the network aired his documentary without paying him for it.

  • August 8, 2017

    ITC To Take Another Look At Arista, Cisco Patent Dispute

    The U.S. International Trade Commission has decided to review a judge’s finding that Arista’s redesigned Ethernet switches did not infringe a Cisco patent, opening the latest chapter in a sprawling dispute between the rival companies with a decision that potentially exposes Arista to a hefty penalty.

  • August 8, 2017

    Gucci Says Forever 21 'Masquerades As A Victim' In TM Row

    Gucci America Inc. fired back Tuesday at a lawsuit from Forever 21 Inc. in California federal court aimed at invalidating the designer’s trademark control over a triple-stripe design, saying the retailer “brazenly masquerades as a victim.”

  • August 8, 2017

    ITC Will Review Qualcomm's IPhone 7 Complaint

    The U.S. International Trade Commission announced Tuesday that it will investigate Apple Inc. products, including the iPhone 7 and some of its components, in a broadening probe initiated by chipmaker Qualcomm Inc.

  • August 8, 2017

    Mintz Levin Nabs Perkins Coie Patent Atty For NY Office

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired as member a Perkins Coie LLP patent attorney with more than a decade of experience advising life sciences companies, medical device businesses, financial services and fintech companies throughout the life cycle of intellectual property development, the firm said Tuesday.

  • August 8, 2017

    Axed Web Patents Solved 'Specific' Problem, Fed. Circ. Told

    The owner of a pair of website “digital labeling” patents pressed for their revival in Federal Circuit oral arguments on Tuesday, contending that despite a library metaphor, there was nothing abstract about the technology, which solved a specific problem.

  • August 8, 2017

    ‘Zero’ Not Limited To Coke Products, Fed. Circ. Told

    Coca-Cola’s rivals urged the Federal Circuit in oral arguments Tuesday to upend a Trademark Trial and Appeal Board decision allowing it to register trademarks for its “Zero” diet drinks, arguing the board applied the wrong legal standard and missed all the other diet drinks using a zero descriptive mark.

  • August 8, 2017

    Apotex Wants In On Orphan Drug Suit To Protect Generic

    Apotex Inc. on Monday asked a D.C. federal court for permission to intervene in Eagle Pharmaceutical Inc.’s suit accusing the FDA of wrongly denying it orphan drug exclusivity for the chemotherapy injection Bendeka, saying the release date of its in-process generic is at risk.

  • August 8, 2017

    Texas Jury Awards $21.1M To Broadband Patent Owner

    A Texas federal jury has awarded a defense contractor $21.1 million in damages after determining that Hughes Network Systems LLC infringed one of two of its broadband patents used at offshore drilling sites.

  • August 8, 2017

    VLP Law Group Adds IP Partner In Boston, New Hampshire

    VLP Law Group LLP has bolstered its intellectual property practice with the addition of a partner operating out of Boston and New Hampshire and focusing on patent portfolio counseling and prosecution.

  • August 8, 2017

    Root Canal Patent Not Obvious, Fed. Circ. Hears

    The owner of a patent covering a method for making root canal instruments defended the novelty of the invention before a Federal Circuit panel Tuesday, hoping to overturn a finding by the Patent Trial and Appeal Board that the patent is invalid as obvious.

  • August 8, 2017

    Fed. Circ. Says Musician Can't Register 'I Am' Marks

    The Federal Circuit ruled Tuesday that pop star cannot register "I Am" as a trademark for accessories and cosmetics, finding the name confusingly similar to other brands that have already been registered.

  • August 7, 2017

    Greatbatch, AVX Duel Over Proof And 'Illusion' In IP Trial

    Greatbatch Ltd. and AVX Corp. opened the latest trial round in their multiyear patent war Monday by offering jurors clashing interpretations of tiny pacemaker component images, with Greatbatch saying the cross-sections clearly prove infringement and AVX calling the pictures “illusions.”

  • August 7, 2017

    Ga. Judge Moves Video Game Patent Case, Citing TC Heartland

    A Georgia federal judge has granted a video game company’s bid to move a lawsuit over gaming patents to a Washington federal court based on the U.S. Supreme Court’s recent TC Heartland ruling, holding that the decision changed the law as to the proper venue for infringement matters.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Maximizing Patent Damages: Provisional Rights And Marking

    Kevin King

    Through thoughtful implementation of provisional rights and marking strategies, patentees can considerably increase their potential damages pool, say attorneys with Eversheds Sutherland.

  • Strengthening Egypt's IP Laws Could Help Fight Brain Drain

    Mark Morgan

    Egypt is currently suffering from a significant “brain drain.” Lax intellectual property laws may be a factor, whether knowingly or unknowingly, that pushes its most educated citizens to leave and not return, says Mark Morgan of Day Pitney LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • How Cyberattacks Are Changing The Health Care Landscape

    David Saunders

    Recent cyberattacks have spurred the health care industry to engage in a difficult, but necessary self-evaluation of whether it is ready for the next attack. David Saunders and Heidi Wachs of Jenner & Block examine some developments in the aftermath of these ransomware attacks and one lesson the industry still has to take notice of.

  • A More Consistent USPTO Approach To Patent Eligibility

    Kevin Kabler

    Recently, the Federal Circuit has found ​patent ​eligibility in a number of cases​. The reasoning offered by these cases — in particular Bascom​ —​ is similar to the holdings of Chakrabarty and Funk Brothers​, the key ​U.S.​ Supreme Court cases underlying the “markedly different” test​. This suggests a ​better approach to patent eligibility determination may be near, say Kevin Kabler and Andrew Whitehead of Fenwick & West LLP.

  • How Courts View Copyright Protection For Video Games

    Sean Kane

    Only expressive elements of a video game are protectable under current U.S. copyright law. Abstract ideas, including game mechanics and rules, as well as functional and scenes-a-faire elements, are not protectable. For courts, this distinction can sometimes be only skin deep, say Sean Kane and Andrew Ungberg of Frankfurt Kurnit Klein & Selz PC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.