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Intellectual Property

  • October 15, 2018

    Pharma Inventor's Ex-Wife Sues Him Over Patent Ownership

    A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.

  • October 15, 2018

    High Court Passes On Media Streaming Patent Dispute

    The U.S. Supreme Court said Monday it would not review a case against Comcast and Verizon over media streaming patents, leaving in place a ruling that found the patents were invalid for claiming nothing more than an abstract idea.

  • October 15, 2018

    Uber Failed To Prove Location Tracking Patent Invalid: PTAB

    The Patent Trial and Appeal Board has upheld two X One Inc. patents on location tracking technology, with the board finding that the claims challenged by Uber Technologies Inc. were not obvious in light of prior art.

  • October 15, 2018

    Wabtec Seeks To Block Siemens From Accessing Train Tech

    Westinghouse Air Brake Technologies Corp. sought an injunction in Pennsylvania state court Monday to stop competitor Siemens Mobility Inc. from having access to its technology through a shared client, CSX Transportation, for whom both companies are developing an automated system for signaling and controlling trains.

  • October 15, 2018

    ITC Bans Toshiba Memory Device Imports That Crib US Patent

    The U.S. International Trade Commission has banned Toshiba Corp. from importing certain memory devices that rip off Taiwan-based Macronix International Co. Ltd.’s patented semiconductor technology, reversing an earlier finding by an administrative law judge that the Japanese electronics giant’s imports did not violate tariff laws, according to a Monday notice in the Federal Register.

  • October 15, 2018

    French Gov't Agrees To Cut Corporate Patent Tax To 10%

    French ministers agreed to cut taxes on corporate patent income to 10 percent Monday as part of a wider overhaul to align the country’s research incentives with global norms.

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Flag Football League Says Upstart Is Stealing Its Brand

    A New York-based flag football league called foul on a rival league in a Florida federal court Thursday, seeking unspecified damages on allegations that the rival has been claiming the New York league’s events and demographics as its own to win sponsors for an Orlando tournament.

  • October 12, 2018

    PTAB Partly Axes Music Choice Patent In Row With Rival

    The Patent Trial and Appeal Board on Thursday gave a partial win to Stingray Digital Group Inc. in its bitter patent fight with rival music channel provider Music Choice, finding that part of a Music Choice patent for on-demand entertainment systems is invalid as obvious.

  • October 12, 2018

    Merck, Glenmark Tear Apart Zetia Pay-For-Delay MDL Claims

    Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. have asked a Virginia federal court to throw out three complaints in multidistrict litigation accusing them of entering into an illegal reverse-payment deal to keep a generic version of the cholesterol drug Zetia off the market.

  • October 12, 2018

    ‘Cheerleading’ Not Fraud, HP Atty Tells Startup Trial Jury

    A Hewlett Packard Malaysia manager was merely "cheerleading" when she described possible future work to a startup that now claims it was duped into providing tens of millions of dollars in free services and software, HP's attorney argued Friday at the close of a California federal trial.

  • October 12, 2018

    Chinese Spy Denies He Tried To Steal GE Aviation IP

    A member of China's intelligence agency pled not guilty Friday to charges he attempted to gather trade secrets from jet engine manufacturer GE Aviation, but an Ohio federal judge said he should remain in prison until trial, citing inconsistent accounts about his employment.

  • October 12, 2018

    Fiat Taking A ‘Free Ride’ With Wireless Tech, Bluetooth Says

    Fiat Chrysler is selling cars it says are Bluetooth-compatible and is using the Bluetooth name in its marketing efforts without the tech company’s permission, according to a suit filed Thursday in Washington federal court.

  • October 12, 2018

    Cabela's Tries To Stop Ex-Employees' E-Commerce Startup

    Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.

  • October 12, 2018

    Brand Battles: HBO Aims To Depose 'Game Of Thorns'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, HBO jousts with a botanical garden over a thorny issue, four different Major League Baseball clubs get into the October action, and Volkswagen takes on a "beer and wine safari" over a logo featuring a "hippie bus."

  • October 12, 2018

    Tire Co. Seeks To Bar Rival From Selling 5K Copycat Tires

    Tire maker OTR Wheel Engineering Inc. urged a Washington federal judge on Thursday to stop West Worldwide from selling nearly 5,000 tires, saying they were the same products at issue in its Lanham Act trial win, which was recently upheld by the Ninth Circuit.

  • October 12, 2018

    Sandoz Humira Biosimilar Set For 2023 After AbbVie Deal

    Novartis AG unit Sandoz will get to launch its biosimilar of AbbVie Inc.’s immunosuppressant Humira in the U.S. on Sept. 30, 2023, and in Europe on Tuesday as part of a settlement to end all related patent litigation, the drugmakers have announced.

  • October 12, 2018

    PTAB Axes Most Of Boston Scientific Stent Patent As Obvious

    The Patent Trial and Appeal Board on Friday mostly handed a victory to Edwards Lifesciences by invalidating several claims of a Boston Scientific patent relating to a stent with a balloon catheter as obvious.

  • October 12, 2018

    FTC Knocks Nokia's Stance Against Cellphone Part Licensing

    Qualcomm Inc. must license its patented cellphone components under its obligations with standard-setting groups, contrary to arguments Nokia made backing Qualcomm in an ongoing antitrust suit, the Federal Trade Commission told a California federal judge Thursday.

Expert Analysis

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Opinion

    Video Games Are Cheated Out Of 1st Amendment Rights

    Michael Garfinkel

    ​As the recent Olivia de Havilland v. FX decision confirmed, expressive artistic works like the "Feud" miniseries are entitled to broad First Amendment protection. But what if "Feud" were a video game in which players controlled the battles between Bette Davis and Joan Crawford?​ In right of publicity case law, video games are treated as second-class citizens, says Michael Garfinkel of DLA Piper.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • House Bill Leaves ‘Doughnut Hole’ In USPTO Fee Authority

    Andrew Baluch

    The House recently passed the SUCCESS Act to extend the U.S. Patent and Trademark Office's expired fee-setting authority, but the lack of retroactive effect in the bill may force the USPTO to redo its pending 2018 fee proposal, says Andrew Baluch, a partner at Smith Baluch LLP and former White House intellectual property adviser.

  • Entire Market Value Rule Is Alive But Not Well

    Stephen Akerley

    Last month, the Federal Circuit issued a modified opinion in Power Integrations v. Fairchild, retreating from an earlier ruling that set an unattainable standard for invoking the entire market value rule. However, the new burden will prove to be just as difficult to meet in practice, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Aatrix, Berkheimer And The Future Of Patent Eligibility

    Robert Maier

    The Federal Circuit in Aatrix and Berkheimer may have limited the role of district courts in determining patent eligibility cases. Though these two cases provide some additional guidance, there appears to still be a wide range of viewpoints within the Federal Circuit as to the correct approach to Section 101, say Robert Maier and Jonathan Cocks of Baker Botts LLP.

  • Chatting With Ex-USPTO Chief About Patent News, IP Strategy

    Eli Mazour

    During a recent interview with Eli Mazour of Harrity & Harrity LLP, David Kappos discussed his time as director of the U.S. Patent and Trademark Office and as head of intellectual property at IBM, reacted to patent-related developments, and provided wide-ranging advice to those in and outside of the IP field.

  • When ITC Excludes Later-Filed Expert Testimony

    Bryan J. Vogel

    A pair of recent decisions out of the U.S. International Trade Commission illustrate the potential importance of consistency in early expert disclosures in an investigation, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.