Intellectual Property

  • February 23, 2017

    Levine Lee Adds IP, Antitrust Litigation Pro From Cravath

    Litigation boutique Levine Lee LLP has added an intellectual property and antitrust litigator previously with Cravath Swaine & Moore LLP as a partner in its New York office, the firm has announced.

  • February 23, 2017

    Ex-Patton Boggs Partner Can’t Sue For Malpractice, Atty Says

    The bankruptcy attorney for a former Patton Boggs intellectual property partner urged a Virginia federal judge on Wednesday to throw out a $1 million lawsuit over her alleged mishandling of the partner’s personal Chapter 7 bankruptcy case, saying only the trustee of his estate has the power to sue for malpractice.

  • February 22, 2017

    Judge Won't Rethink $140M Patent Win Against Fairchild

    A California judge Wednesday denied Fairchild Semiconductor International Inc.’s motion to vacate a $140 million judgment in favor of rival chip maker Power Integrations, saying a December Federal Circuit opinion that upended much of a 2012 Delaware court verdict didn’t impact the Golden State case.

  • February 22, 2017

    Geico Says Plaintiffs' Attys Used Its Secrets Against USAA

    Geico sued two plaintiffs' attorneys in Pennsylvania federal court Tuesday, alleging they obtained confidential information in discovery in a putative class action against the insurer and tried to use it to get a leg up in a similar suit against Geico rival United Services Automobile Association, exposing Geico's trade secrets.

  • February 22, 2017

    Kanye Will Not Have To Attend NY Deposition In Copyright Suit

    A New York federal judge has ruled that Kanye West does not have to travel to New York to appear for a deposition in a copyright suit he is facing, saying the superstar can be deposed in Los Angeles instead.

  • February 22, 2017

    Insolvency Looms For Wet Seal Ch. 11, Creditors Warn

    Unsecured creditors of bankrupt clothing retailer The Wet Seal LLC warned on Wednesday that the company’s Chapter 11 appears headed for insolvency and urged a Delaware judge to curb payments of interest and principal to senior creditors pending resolution of cash concerns.

  • February 22, 2017

    Sycamore Unit Wins Ch. 11 Auction For The Limited IP

    Recently defunct women's clothing retailer The Limited Stores Co. LLC told the Delaware bankruptcy court late Tuesday that a unit of private equity firm Sycamore Partners, which was the stalking horse that set the bidding floor, won a competitive auction for its intellectual property and e-commerce business line.

  • February 22, 2017

    Zynga Can't Roll Quick Win In Gambling IP Row

    A gambling technology company has adequately pled that online game developer Zynga Inc. infringed its patent covering a video game system to survive a bid for a quick end to the case, a Nevada federal judge has ruled.

  • February 22, 2017

    Former Intel Exec Joins Patent Licensing Firm Inventergy

    Patent licensing firm Inventergy Global Inc. announced Tuesday that former Intel Capital executive Ken Tallo has joined its subsidiary Inventergy Innovations LLC, saying the move would help facilitate growth in new partnerships, drive the execution of some of its current partnerships and strengthen its strategic resources for the company's monetization efforts.

  • February 22, 2017

    Cleveland Clinic Revives Heart-Disease Test Patent Row

    The Cleveland Clinic Foundation on Tuesday continued its push to block True Health Diagnostics LLC from using a test for cardiovascular disease that the foundation discovered, claiming in Virginia federal court that True Health infringed one of its patents.

  • February 22, 2017

    4G FRAND Suit Against T-Mobile Should Proceed, Judge Says

    A Texas magistrate judge on Wednesday recommended a federal court deny T-Mobile's bid to toss Huawei Technologies Co. Ltd.’s suit for declaratory judgment on whether its license on patented 4G technology was fair, reasonable and nondiscriminatory, finding the court had subject-matter jurisdiction over the case.

  • February 22, 2017

    PTAB Won't Review Chamberlain Garage Door Opener Patent

    The Patent Trial and Appeal Board on Tuesday declined to review claims in a Chamberlain Group Inc. patent on garage door openers, just a few weeks after the Federal Circuit said that a rival manufacturer had raised a “substantial question of invalidity” with respect to the patent.

  • February 22, 2017

    PTAB Upholds Pozen Patent In Kyle Bass Challenge

    The Patent Trial and Appeal Board on Tuesday upheld the validity of a patent on Pozen Inc.’s arthritis and ulcer drug Vimovo in an inter partes review requested by the Coalition for Affordable Drugs, an organization started by hedge fund manager Kyle Bass.

  • February 22, 2017

    Spanish Antitrust Watchdog Pushes For Tweaks To IP Laws

    The competition authority in Spain released a report Tuesday on proposed reforms to the nation’s patent laws, calling for simplified application procedures and streamlined rates.

  • February 22, 2017

    Qualcomm Appeals $905M Korean Antitrust Fine Over Patents

    Qualcomm has appealed a roughly $905 million fine from South Korea's antitrust watchdog over its patent licensing practices and sought to put the penalty on hold as it fights a multijurisdictional battle over the way it uses its intellectual property.

  • February 22, 2017

    States' Suboxone Product-Hop Claims Fail, Indivior Says

    Indivior Inc. asked a Pennsylvania federal judge on Tuesday to toss a case alleging it delayed the introduction of a competitor to Suboxone, saying the 35 states that brought the suit failed to allege how a new formula of the original drug prevented generics from succeeding in the market.

  • February 22, 2017

    Mylan Can't Shield Docs In $100M Tax Fight Over Drug License

    Mylan Inc. was ordered by a U.S. Tax Court judge to release to the IRS documents supposedly relating to its 2006 patent transaction with Forest Laboratories Holdings Ltd. in a $100 million tax bill fight, after the judge found that the materials, provided they exist, are “potentially relevant” in the case notwithstanding a subsequent amendment of the deal in 2008.

  • February 22, 2017

    Qualcomm Seeks To Consolidate 24 Antitrust Lawsuits

    Computer chipmaker Qualcomm Inc. has urged the U.S. Judicial Panel on Multidistrict Litigation to consolidate 24 antitrust lawsuits in the Southern District of California that allege the company fixed the price of microchips used in cellphones made by Apple Inc. and others.

  • February 22, 2017

    Berger Singerman Adds IP Litigator From Broad & Cassel

    Berger Singerman LLP has added an intellectual property and commercial litigator previously with Broad & Cassel as a partner in its Fort Lauderdale, Florida, office, the firm has announced.

  • February 22, 2017

    Justices Limit Reach Of Law On Overseas Patent Infringement

    The U.S. Supreme Court ruled Wednesday that the Federal Circuit was wrong to hold that shipping a single component of a patented invention to be combined with others overseas can be infringement, deciding that multiple components must be shipped in order to infringe.

Expert Analysis

  • Checking In On ITC Pilot Program For Redesigns

    Brian Busey

    The U.S. International Trade Commission has issued four decisions under its pilot program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products. The speed with which proceedings have progressed may encourage parties to make greater use of the program in the future, say Brian Busey and Aaron Rauh of Morrison & Foerster LLP.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • US Patent Practice Drifting Toward Approach Prevalent Abroad

    Gurneet Singh

    Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx

    Phillip Articola

    The Federal Circuit's decision Wednesday in Xilinx v. Papst serves as a lesson to patent owners that if they do not want to be hauled into potentially unfavorable jurisdictions to defend declaratory judgment actions, they should be careful as to what actions they perform in those jurisdictions, says Phillip Articola of Banner & Witcoff Ltd.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Next Steps After Broad Institute's Big Gene-Editing Patent Win

    Brian W. Nolan

    The technology at the center of the Broad Institute v. University of California dispute is a gene-editing tool, and the decision could leave the winner holding a patent portfolio worth billions of dollars. The Patent Trial and Appeal Board handed the Broad Institute a resounding victory on Wednesday, and one may question whether UC can succeed at the Federal Circuit, say Brian Nolan and Colleen Tracy James of Mayer Brown LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Series

    10 Years Of MedImmune: How License Agreements Changed

    Jonathan Lourie

    In the decade following the U.S. Supreme Court's decision in MedImmune, patent holders have taken into account the increased risk of a subsequent patent challenge by including provisions in license agreements that are a disincentive to the licensee challenging the validity of the licensed patent, say Jonathan Lourie and Vicki Norton of Duane Morris LLP.