Intellectual Property

  • 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.

  • February 21, 2017

    New Zealand Court OKs Kim Dotcom's Extradition To US

    A New Zealand court on Monday ruled that Megaupload Ltd. founder and accused online piracy kingpin Kim Dotcom can be extradited to the U.S., saying while Dotcom's alleged copyright offenses don't warrant removal to the U.S., he can still be extradited for fraud.

  • February 21, 2017

    Lidoderm Buyers, End Payors Win Cert. In Pay-For-Delay MDL

    Purchasers of the Lidoderm pain patch won class certification in an antitrust multidistrict litigation against Endo Pharmaceuticals and others on Tuesday when a California federal judge found that both direct purchasers and end-payors proved common injuries with alleged delays of a generic version of the drug.

  • February 21, 2017

    ATopTech Ch. 11 Stalking Horse Protections Shot Down

    Bankrupt ATopTech Inc.’s $1 million protection plan for a prospective buyer’s $8 million stalking horse bid was nixed in Delaware federal court on Tuesday, with a judge terming the company's 12.5 percent fee too high for the “low-ball” offer.

  • February 21, 2017

    Justices Nix TM Appeal Over Oprah's 'Own Your Power'

    The U.S. Supreme Court on Monday declined to hear a case in which a motivational speaker with limited rights over the phrase "Own Your Power" sued Oprah Winfrey for alleged trademark infringement for her use of the expression.

Expert Analysis

  • 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.

  • Tips For Addressing The IP Challenges Of 3-D Printing: Part 2

    Michael Shaw

    In the age of 3-D printing, a trademark protection strategy needs to take into account realistic market ambitions, the relative commercial importance of actual and potential geographic markets, and all alternative possible manners of use of the mark, say Michael Shaw and Michael Moore of Marks & Clerk.

  • Rebuttal

    Patent Venue Needs Overhaul

    Brian E. Ferguson

    According to a recent Law360 Expert Analysis article, the U.S. Supreme Court's TC Heartland decision boils down to determining “who gets the home court advantage — patentees or infringers.” That characterization is not only wrong, it also is representative of the substantial problem of abusive use of patent litigation, say Brian Ferguson and Anish Desai of Weil Gotshal & Manges LLP.

  • Series

    10 Years Of MedImmune: What Trademark Owners Learned

    James E. Griffith

    Despite initial worries from practitioners, the U.S. Supreme Court's decision 10 years ago in MedImmune has provided greater predictability as to the circumstances that will warrant declaratory judgment jurisdiction, allowing trademark owners to make informed decisions about their enforcement strategies, say James Griffith and Michelle Bolos of Marshall Gerstein & Borun LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Expect Increased USPTO Scrutiny For TM Declarations Of Use

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    Under a new trademark rule, there is a 10 percent chance your next declaration of use will be audited, says intellectual property lawyer Dickerson Downing.

  • Series

    10 Years Of MedImmune: How Patent Owners Fared

    Andrew W. Williams

    A little over 10 years ago, Justice Antonin Scalia authored the 8-1 opinion in MedImmune v. Genentech — one of the first in a decade-long string of cases in which the U.S. Supreme Court has essentially diminished the rights of patentees, says Andrew Williams of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.