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Intellectual Property

  • December 7, 2018

    Tara Reid Wants $100M Bite Out Of 'Sharknado' Merchandise

    Actress Tara Reid wants the producers of the "Sharknado" science-fiction films to shell out $100 million for allegedly using her face on "Sharknado"-branded slot machines and beer cans without her permission, according to a lawsuit filed in California federal court.

  • December 7, 2018

    Brand Battles: Harry Potter And The 'Wizarding' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. faces a challenge to its efforts to register "Wizarding World," Maserati and Arizona State University both aim to block a trident logo, and Nestle seeks to "Crunch" a small food business.

  • December 7, 2018

    IP Demand Letter Puts Case In Texas District, Fed. Circ. Says

    A Texas federal court has jurisdiction to hear whether several banks infringe a licensing company’s patents covering electronic banking procedures because the company sent demand letters to the institutions, which are located in the district, the Federal Circuit held Friday.

  • December 7, 2018

    SAP Gets $680K In Atty Fees In Financial Data Patent Win

    A Texas federal judge has determined that SAP America Inc. is entitled to $679,000 in attorneys' fees racked up in a lawsuit challenging the validity of InvestPic LLC's financial data analysis patent, an award short of the $939,306 SAP had requested.

  • December 7, 2018

    Genentech Asks Del. Chancery To Toss Takeda Patent Fight

    Biotech company Genentech Inc. told a Delaware vice chancellor on Friday that a lawsuit filed by Takeda Pharmaceuticals USA Inc. over disputed patent rights associated with a drug that treats ulcerative colitis and Crohn's disease should not be fought in Delaware Chancery Court.

  • December 7, 2018

    Fed. Circ. Upholds Patent On Novartis MS Drug

    The Federal Circuit on Friday affirmed a lower court’s decision that upheld a patent on Novartis AG’s multiple sclerosis drug Gilenya, a ruling that will prevent regulatory approval of Ezra Ventures LLC’s generic version until at least early next year.

  • December 7, 2018

    Zumba Says Online Retailers Are Hawking Bootleg Merch

    Exercise company Zumba Fitness LLC has filed a suit in Florida federal court alleging a group of custom merchandise websites including well-known platforms Redbubble and Teespring are selling unauthorized products using its trademark brand name and logo.

  • December 7, 2018

    Health Hires: Hooper Lundy, King & Spalding, Williams Mullen

    Hooper Lundy & Bookman PC has gained a health care partner from Brown Rudnick LLP and lost another to King & Spalding LLP, Williams Mullen has hired three new health and life sciences attorneys, Nelson Mullins Riley & Scarborough LLP has added a biotech corporate and securities attorney, and Dorsey & Whitney LLP has brought on a new health adviser.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    IP Hires: Kirkland, DLA Piper, Dickinson Wright

    In this week’s round of intellectual property attorney moves, Kirkland found a leader for its new IP litigation team in London, DLA Piper hired an entertainment attorney who will assist in its IP and technology practice, and Dickinson Wright boosted its IP practice with the addition of six attorneys. Here are the details.

  • December 6, 2018

    Nikon Cameras Are 'Designed To Infringe,' Expert Tells Jury

    An expert witness for lens maker Carl Zeiss and semiconductor maker ASML told a California federal jury Thursday that image sensors used by Japanese camera giant Nikon Corp. infringe the companies' patents, explaining that operating certain Nikon cameras causes infringement under the doctrine of equivalents.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Sherman Act Cut From Clot Drug Suit, State Claims Survive

    A Tennessee federal judge has freed Momenta Pharmaceuticals Inc. and Sandoz Inc. from Sherman Act allegations that they conspired to monopolize the market for the blood clot drug Lovenox and its generic version, but kept related state claims alive.

  • December 6, 2018

    Verizon Unit's IP Suit Sent To Del. After Fed. Circ. Rebuke

    Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.

  • December 6, 2018

    Fed. Circ. Backs HTC Win In Challenge To Acacia Video Patent

    The Federal Circuit on Thursday refused to revive an Acacia Research Corp. unit’s video compression patent that had been successfully challenged by HTC Corp., leaving in place the Patent Trial and Appeal Board’s decision that the patent is invalid.

  • December 6, 2018

    Charity Sues US Soccer Over 'Soccer Foundation' TM

    A soccer charity accused the United States Soccer Federation in D.C. federal court Thursday of trying to block the nonprofit from using a name and logo it says it has been using freely for more than 20 years.

  • December 6, 2018

    Chicago 'Bean' Artist Ends Copyright Fight Over NRA Video

    The artist behind Chicago’s “Bean” sculpture announced Thursday that the National Rifle Association had agreed to remove the statue from a video he called “propaganda,” ending a copyright lawsuit he filed against the group earlier this year.

  • December 6, 2018

    Trump May Get Rude Awakening In China Trade Talks

    President Donald Trump has been taking a victory lap in the wake of his summit with Chinese President Xi Jinping by promising to deliver a bounty of new concessions to U.S. businesses, but the two sides are still far apart on a concrete agreement, and bridging that gap may prove more difficult than Trump anticipates.

  • December 6, 2018

    Amgen Settles 12th Sensipar Patent Fight

    Emcure Pharmaceuticals Ltd. and its subsidiary Heritage Pharmaceuticals Inc. have agreed to hold off on a generic version of Amgen Inc.’s blockbuster calcium reducer Sensipar, which is at least the 12th such deal to be announced in Delaware federal court.

  • December 6, 2018

    PTAB Says Google Not A Party In Samsung Patent Challenges

    The Patent Trial and Appeal Board has agreed to review Samsung Electronics Co. Ltd.’s challenges to a patent covering power-saving technology for smartphones, finding Google LLC is not an interested party to the reviews, according to documents made public Wednesday.

Expert Analysis

  • The Future Of Intellectual Property Imports In China

    Holly White

    As China's intellectual property enforcement system is strengthened, and its consumer market grows in size and sophistication, there are increasingly more and better opportunities for foreign businesses to bring their IP into the country, says Holly White, a technology consultant at Rouse & Co.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • Fed. Circ. Is Tightening Appellate Standing For IPR Cases

    Craig Countryman

    When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • What We Heard At The FTC Hearings: Days 9, 10 And 11

    Meredith Halama

    The sixth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed the intersection of big data, privacy and antitrust issues. Attorneys with Perkins Coie LLP offer some key takeaways.

  • Why Biotech And Pharma Patents Survive IPR

    Tom Engellenner

    Biotechnology and pharmaceutical patents have fared better than other industry patents in inter partes review at the Patent Trial and Appeal Board. Four factors appear to contribute to the success rate, says Tom Engellenner of Pepper Hamilton LLP.