Intellectual Property

  • March 28, 2017

    Google's PTAB Loss Over Data Patent Affirmed At Fed. Circ.

    A Federal Circuit panel on Tuesday confirmed Google’s rejected inter partes review challenge of a data transmission patent owned by SimpleAir Inc., finding Google was too late to challenge claims construction in its attempt to render the patent obvious. 

  • March 28, 2017

    Pfizer, Ex-Employee Reach Agreement In Trade Secrets Row

    A Pennsylvania federal judge Monday dismissed a case in which Pfizer Inc. accused a former global marketing director of misappropriating its trade secrets, after Pfizer and the former employee reached an agreement to halt all use of the company’s confidential information.

  • March 28, 2017

    Goodwin Nabs Ex-Lando & Anastasi IP Atty For Boston Office

    Goodwin Procter LLP announced Monday that it has bolstered its life sciences practice in its Boston office with the addition of a former Lando & Anastasi LLP partner who specializes in intellectual property relating to pharmaceuticals and general chemistry matters.

  • March 28, 2017

    PTAB Finds Patent On Digital Membership System Is Abstract

    The Patent Trial and Appeal Board found Monday that a NexusCard Inc. patent for a computerized membership system was invalid under the U.S. Supreme Court’s Alice standard, months after a judge in the Eastern District of Texas reached a similar conclusion and disposed of a lawsuit against Kroger.

  • March 28, 2017

    Fosamax Ruling Aids Wellbutrin Case, 3rd Circ. Told

    Wellbutrin buyers continued to urge the Third Circuit Monday to overturn a decision nixing their pay-for-delay suit against GlaxoSmithKline PLC over its popular antidepressant drugs, saying the appeals court’s recent precedential ruling in a product liability case over the drug Fosamax further supports their arguments.

  • March 27, 2017

    Nestle Likely To Get Crest Counterclaims Tossed In TM Suit

    A California federal judge Monday tentatively trimmed counterclaims against Nestle in a trademark infringement suit brought by the food giant over allegations franchisee Crest Foods Inc. went overboard in its use of Nestle’s marks, including having a Crest executive pretend to be a Nestle executive in an episode of CBS’ “Undercover Boss.”

  • March 27, 2017

    Darden Beats TM Suit Over LongHorn 'Can't Fake Steak' Line

    Casual dining giant Darden Restaurants Inc. on Monday beat a trademark lawsuit that claimed a “You Can’t Fake Steak” slogan used at its LongHorn Steakhouse infringed a “You Can’t Fake Fresh” tagline used by a Florida seafood chain.

  • March 27, 2017

    Fed. Circ. Backs IBM PTAB Win Against Intellectual Ventures

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision invalidating several claims of an Intellectual Ventures computer firewall patent challenged by IBM and a group of banks, finding the claims to be obvious.

  • March 27, 2017

    Berkeley Team Gets European CRISPR Win After PTAB Loss

    The European Patent Office has announced its intention to grant a research team partially based at the University of California, Berkeley a patent on CRISPR gene-editing technology, giving them the latest victory in a multijurisdictional IP battle with a team from the Massachusetts Institute of Technology and the Broad Institute.

  • March 27, 2017

    Judge Urged To Nix Antitrust Suit Over Card Shuffling Patents

    Scientific Games Corp. and Bally Technologies Inc. asked an Illinois federal judge on Friday to dismiss a card shuffling company's antitrust claims that the pair tried to defraud the patent office, saying another court already found their patent claims had a sufficient legal basis.

  • March 27, 2017

    ClearCorrect Gets PTAB To Nix Claims Of Invisalign Patent

    The Patent Trial and Appeal Board decided Friday that several claims of an Align Technology Inc. patent on teeth-straightening technology are invalid, handing a win to ClearCorrect Operating LLC in the rivals' high-profile patent dispute.

  • March 27, 2017

    Hasbro Gets Judge To Ax 5 Patents Under Alice In Furby Case

    A California federal judge has cleared Hasbro Inc.’s Furby toys of infringing five patents on technology for controlling toys with sounds, finding that the patents are invalid under the U.S. Supreme Court’s Alice ruling for claiming only an abstract idea.

  • March 27, 2017

    Trump Names Makan Delrahim As DOJ Antitrust Chief

    President Donald Trump on Monday named White House deputy counsel Makan Delrahim to lead the U.S. Department of Justice's Antitrust Division, giving the Bush DOJ veteran and IP expert one of the most high-profile perches in the competition world.

  • March 27, 2017

    Spurned Implant Inventor Again Beats PTAB At Fed. Circ.

    For the second time this year, the Federal Circuit has rescued a patent application by inventor Steven Chudik from rejection at the Patent Trial and Appeal Board, finding Monday that Chudik’s design for a shoulder implant legitimately improved upon earlier inventions.

  • March 27, 2017

    Meras Can't Stay $12.5M Patent Verdict, Rival Says

    Water treatment company CH20 Monday asked a California court to deny a competitor's request to stay the final judgment in their $12.5 million patent infringement trial, saying it would be unfair to force it to wait for another exam of the patent.

  • March 27, 2017

    Polsinelli Adds Ex-Foley & Lardner IP Atty As Shareholder

    Polsinelli PC has added an intellectual property attorney previously with Foley & Lardner LLP who specializes in life sciences and biotechnology matters as a shareholder in its Boston office, the firm has announced.

  • March 27, 2017

    FTC Gets Ex-Patent Atty Testimony Blocked In Androgel Suit

    A Pennsylvania federal judge sided with the Federal Trade Commission in the agency's antitrust suit against AbbVie on Monday, striking an expert report and preventing the testimony of a retired Covington & Burling LLP patent attorney.

  • March 27, 2017

    Alcon Sues Lupin Over Itchy-Eye Solution Generic

    Specialty-drug maker Alcon Research Ltd. hit Lupin Ltd. with a patent infringement suit in Delaware federal court Friday, alleging the generics giant illegally filed a request with the U.S. Food and Drug Administration to start marketing a generic version of Alcon’s brand-new eyedrop formula.

  • March 27, 2017

    Ford Dodges Fuel Injector Infringement Suit At Fed. Circuit

    A Federal Circuit panel on Monday affirmed Ford Motor Co.’s win over allegations it infringed a patent for a fuel injector system, finding there is no way for Ford to infringe based on the patent holder's prior prosecution history disclaimer denying the existence of a pressure regulator in its systems.

  • March 27, 2017

    Mead Johnson Sued Over $17B Reckitt Benckiser Deal

    A Mead Johnson Nutrition Co. shareholder hit the company with a putative class action on Monday over its $17 billion tie-up with Reckitt Benckiser Group PLC, saying the company left information gaps in key securities filings regarding the deal.

Expert Analysis

  • Star Athletica V. Varsity: Ceci N’est Pas Une … Useful Article

    Jacqueline C. Charlesworth

    It is refreshing to encounter a copyright decision that does not contain the terms “fair use” or “Digital Millennium Copyright Act,” and to think about the actual intellectual property that copyright is supposed to protect. Does copyright extend to an artistically crafted pipe, or only a picture of the pipe? Last week, the U.S. Supreme Court gave us just such an opportunity, says Jacqueline Charlesworth, of counsel at Covington & B... (continued)

  • TC Heartland May Cause Protective Suits In ANDA Cases

    Colleen Tracy James

    On Monday, the U.S. Supreme Court will hear oral arguments in TC Heartland, a case that could affect where innovator pharmaceutical companies file patent infringement actions brought pursuant to the Hatch-Waxman Act. We recommend some best practices for branded pharmaceutical companies to employ both before and after the decision is issued, say Colleen Tracy James and Manuel Velez of Mayer Brown LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • What's Left Of Laches Post-SCA Hygiene

    Jerry R. Selinger

    Following the U.S. Supreme Court's decision Tuesday in SCA Hygiene v. First Quality, laches is no longer a defense to a claim for past damages in patent cases. However, at least some penumbra of laches remains available, says Jerry Selinger of Patterson & Sheridan LLP.

  • Expectations For High Court Patent Exhaustion Decision

    Charlie Steenberg

    The U.S. Supreme Court is likely to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Design Patents Are Surviving Post-Grant Challenges

    Tracy-Gene G. Durkin

    Petitioners are struggling to challenge design patents at the Patent Trial and Appeal Board, particularly at the institution stage. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful. The statistics reflect positively on the quality of original examination, say Tracy-Gene Durkin and Pauline Pelletier of Sterne Kessler Goldstein & Fox PLLC.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Applying 'Footprint' Methodology To Prism V. Sprint

    Aaron R. Fahrenkrog

    The Federal Circuit's decision in Prism v. Sprint this month illustrates an example of the "footprint" approach to patent damages, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure, say attorneys with Robins Kaplan LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)