Intellectual Property

  • September 15, 2017

    Fed. Circ. Affirms Toss Of Interactive Sports Patent Claims

    The Federal Circuit on Friday upheld a decision that dismissed patent claims and sent to New Jersey state court a dispute over interactive sports software that was invented by a memorabilia dealer who is in a separate legal battle with the New York Giants.

  • September 15, 2017

    NY Tribe's Attorney Defends Allergan Patent Deal

    The general counsel for the Saint Regis Mohawk Tribe told Law360 on Friday that criticism from a federal lawmaker and others of the tribe’s acquisition of Allergan PLC’s patents for dry eye medication Restasis won’t deter the tribe from persisting in the patent business and that other tribes are putting out feelers to take part in similarly structured deals.

  • September 15, 2017

    Allergan IP Deal With Tribe Could Have Big Impact On PTAB

    Allergan PLC's attempt to use a Native American tribe’s sovereign immunity to shield patents for its best-selling eye drug from inter partes review raises new questions for the Patent Trial and Appeal Board and concerns that similar deals could negatively impact the market for generic drugs.

  • September 15, 2017

    DOJ Director Turned Sessions Aide Tapped For Civil Division

    The White House said Friday that it plans to nominate a longtime overseer of the U.S. Department of Justice’s representation of government agencies who has recently been serving as U.S. Attorney General Jeff Sessions’ chief of staff to lead the DOJ's Civil Division.

  • September 15, 2017

    Ill. Firm Wants Cut Of Suit It Didn't Work On, Ex-Client Says

    Patent law firm Niro Law Group LLC was sued in New York federal court Thursday by one of its former clients over claims the firm tried to collect a portion of a settlement the client reached in a separate suit that the firm had nothing to do with.

  • September 15, 2017

    TitleMax, Competitors Trade Corporate Espionage Allegations

    TitleMax, accused of recording its competitors’ customers’ license plates in a bid to steal business, has itself claimed that its competitors photographed trade secrets while masquerading as customers searching for a bathroom, according to a lawsuit removed to Texas federal court on Thursday.

  • September 15, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen an Italian wheat trader team up with AIG and other insurers to sue a shipping firm, MasterCard bring an intellectual property claim against a payroll services provider, and a conveyancing law firm take on Metro Bank. Here, Law360 looks at those and other new claims in the U.K.

  • September 15, 2017

    Fed. Circ. Pokes Holes In Soffit Infringement Ruling

    The Federal Circuit found Friday that a Michigan federal court used incorrect claim construction in finding that Rollex Corp. infringed competitor Quality Edge Inc.’s patent on soffit panels for building eaves, remanding the case for further proceedings and affirming the dismissal of Rollex’s invalidity arguments.

  • September 15, 2017

    IP Hires: Norton Rose, Buchanan Ingersoll, Howard & Howard

    In this week's intellectual property partners on the move, Norton Rose hires an ex-Fried Frank IP partner, Buchanan Ingersoll nabs a drug patent pro, and Howard & Howard adds an IP litigator to its Las Vegas office. Here, we offer details on the attorneys who have landed new jobs.

  • September 15, 2017

    2nd Circ. Axes J&J Win In Pfizer Advertising Feud

    The Second Circuit on Friday wiped out Johnson & Johnson’s victory over Pfizer Inc. in a dispute over Advil advertisements, finding that a district judge blocked the ads without justification.

  • September 15, 2017

    Allergan To Pay $15M To End Asacol Antitrust Claims

    A Massachusetts federal judge Thursday granted preliminary approval to a $15 million settlement that would end claims brought by direct purchasers accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their ulcerative colitis drugs.

  • September 15, 2017

    Whitney Houston's Estate Nears IRS Deal In $11M Tax Case

    Singer Whitney Houston’s estate is nearing a deal to resolve a challenged $11 million Internal Revenue Service tax bill over allegedly overvalued record royalties, publicity rights and other intellectual property, according to a U.S. Tax Court filing from both sides earlier this month.

  • September 15, 2017

    Brand Battles: Amazon, Walt Disney, Chicago Cubs

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Amazon continues to spar with a smaller company over its new Amazon Chime teleconferencing service, Walt Disney takes action to defend "Dumbo," and the Chicago Cubs add to their league-leading number of new trademark cases.

  • September 14, 2017

    Syngenta Gets Nearly $1M From Jury In Pesticide IP Suit

    A North Carolina federal jury found Wednesday that pesticide maker Willowood LLC infringed Syngenta Crop Protection LLC’s patents for the pesticide azoxystrobin, and awarded Syngenta $975,600.

  • September 14, 2017

    ITC Can Redo $6M Fine After GPS Patent Nix, Fed. Circ. Told

    A GPS technology company told the Federal Circuit on Wednesday that the U.S. International Trade Commission wrongly said it could not reconsider a $6.2 million fine against the company for violating an agreement to not import its allegedly infringing products despite a later, separate ruling invalidating the at-issue patent.

  • September 14, 2017

    Fed. Circ. Affirms PTAB Nix Of MiMedx Tissue Graft Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board ruling that claims of MiMedx Group Inc.'s tissue graft patent asserted against the Musculoskeletal Transplant Foundation were invalid as obvious.

  • September 14, 2017

    Allergan Deal May Set Stage For More Tribal Patent Pacts

    A recent deal struck to shield Allergan PLC’s patents for dry eye medication Restasis behind a New York tribe’s sovereign immunity is drawing fire from generic-drug makers and others who claim the move is an abuse of tribal sovereignty, but attorneys say the pact should prove legal and may pave the way for similar agreements.

  • September 14, 2017

    Fla. Justices Say Home Health Referral Sources Are Protected

    The Florida Supreme Court ruled Thursday that home health service referral sources can be a protected legitimate business interest under the state law governing noncompete agreements, bolstering the enforceability of employment agreements in two separate disputes.

  • September 14, 2017

    Film Co. Can't Tweak Judgment After Loss In Skynyrd Suit

    A New York federal judge sided Wednesday with founding members of Lynyrd Skynyrd and entered a judgment barring a film company from producing an unauthorized biopic about the band, rejecting the film company’s argument that the proposed injunction is too broad.

  • September 14, 2017

    Chris Farley IP Owner Says Bike Co. Stole 'SNL' Star's Name

    The successor company that holds the rights for deceased "Saturday Night Live" comedian Chris Farley hit Trek Bicycles with a $10 million suit in California court Monday, claiming that its “Farley” bike, which has fat tires and a fat frame, trades on the comedian’s reputation as a funny fat guy.

Expert Analysis

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Advising Departing Employees On How To Keep Future Jobs

    Nancy Shilepsky

    Employees who do not manage their career moves carefully — like the recent example of former “star” Uber engineer Anthony Levandowski — can find themselves unemployed and in legal trouble. However, there are several precautions that can make a critical difference and increase the chances of a smooth transition to a new job, say attorneys with Sherin and Lodgen LLP.

  • Beyond TC Heartland: Venue In Other Types Of IP Cases

    Mark Schonfeld

    Venue can be a crucial, even dispositive, decision in intellectual property lawsuits. Much has been written about the U.S. Supreme Court’s recent TC Heartland decision on patent venue. Now let's look at what plaintiffs should know about venue in cases involving copyrights, trademarks and trade secrets, says Mark Schonfeld of Burns & Levinson LLP.

  • 8 Ways To Avoid Inter Partes Review Estoppel

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    Despite the uncertain landscape for inter partes review estoppel, there are strategies that every petitioner can implement to best preserve invalidity arguments for district court litigation, say Michael Guo and Matthew Kreeger of Morrison & Foerster LLP.

  • It Might Be A Bad Idea For NPEs To Attack Cloud Services

    Chad Ennis

    By modifying their user agreements, cloud service providers have signaled that nonpracticing entities will face tough and organized opponents if the NPEs use their standard tactics, say Chad Ennis and Chris Shield of Bracewell LLP.

  • Questioning PTAB Due Process In Fed. Circ. Appeals

    Miyoung Shin

    Five recent decisions provide useful guidance as to where the Federal Circuit has drawn the line between the scope of the Patent Trial and Appeal Board's authority and the Administrative Procedure Act’s procedural requirements, says Miyoung Shin of Brinks Gilson & Lione.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Uncertainty Remains For Pharma Product Hopping Liability

    Benjamin Lajoie

    One year after the Third Circuit's decision in Mylan, case law generally affirms that while there is no clear silver bullet, the existence of a “hard switch,” an impending “patent cliff,” and a tightly defined market definition are important considerations to the success of a pharmaceutical product hopping claim under federal antitrust law, say Benjamin Lajoie of Bailey & Glasser LLP and Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • Opinion

    Indonesia's Troublesome New Patent Law

    Stephen Ezell

    While President Joko Widodo has made some noteworthy progress to encourage innovation in Indonesia, his government has undermined its own strategic goals by badly weakening the country’s intellectual property laws. These policies have stifled Indonesia’s life sciences sector, says Stephen Ezell of the Information Technology and Innovation Foundation.

  • Fed. Circ. Decision Addresses Key Oil States Argument

    Ben Koopferstock

    The Federal Circuit's decision this week in Ultratec v. CaptionCall — issued four days after Oil States filed its U.S. Supreme Court brief — appears to comment on Oil States’ attempt to draw a line between inter partes review and re-examination, says Ben Koopferstock of Banner & Witcoff Ltd.