Intellectual Property

  • April 19, 2018

    PTAB Rejects Fujifilm Challenge To Sony Tape-Drive Patent

    A U.S. Patent Trial and Appeal Board panel on Thursday denied Fujifilm’s petition for an inter partes review of a Sony patent relating to tape drives, finding that the imaging company’s challenge was time-barred.

  • April 19, 2018

    Judge Unseals $2 Million Fee Request In Adderall Patent Suit

    A Massachusetts federal judge on Thursday unsealed a request from Shire PLC to bill a generic competitor $2 million after winning a patent infringement suit over its hit hyperactivity treatment Adderall XR.

  • April 19, 2018

    Fed. Circ. Says Droplets Patent Not Unfairly Nixed By PTAB

    The Federal Circuit on Thursday invalidated a patent covering technology related to interactive computer links, upholding a Patent Trial and Appeal Board decision the owner of the patent, Droplets Inc., argued was based on a "hypertechnical violation."

  • April 19, 2018

    Nestlé Kit Kat TM Appeal Dissed By EU High Court Adviser

    An adviser to the European Union’s highest court issued an opinion Thursday recommending that judges reject Nestlé’s appeal in defense of its EU trademark for a "four-finger" Kit Kat bar, saying the food giant didn’t prove that its snack was distinctive to consumers in some member states.

  • April 19, 2018

    Apple Settles Patent Fight With Co. Linked To ND Tribe

    Apple and a company that has ties to a North Dakota-based Native American tribe and holds an electrical circuitry patent have reached an undisclosed deal to settle a dispute Apple brought to challenge the patent’s validity, according to a document filed on Wednesday at the Patent Trial and Appeal Board.

  • April 19, 2018

    AMC Can Update Bid To Kill Ex-'Walking Dead' Exec's Suit

    A New York court ruled Thursday that entertainment giant AMC could add to its arguments to defeat a $280 million suit brought by former "The Walking Dead" showrunner Frank Darabont and others over royalties from the smash hit program.

  • April 19, 2018

    Liberty Mutual Hits Ex-Sales Lead With Trade Secrets Suit

    Liberty Mutual Insurance Co. sued a former lead sales rep in an upstate New York office for allegedly taking customers to a competitor, according to court papers filed Thursday in federal court.

  • April 19, 2018

    Fed. Circ. Says Patent Suit Wasn’t Unfairly Put On Ice

    The Federal Circuit on Thursday revived a patent lawsuit that John Bean Technologies Corp. brought against a rival maker of poultry chilling machines, reversing a lower court ruling that found the company misled its competitor by waiting more than a decade to sue.

  • April 19, 2018

    PTAB Nix Of Crib Patent Claims Reversed By Fed. Circ.

    The Federal Circuit on Thursday reversed two Patent Trial and Appeal Board decisions that invalidated claims in a Wonderland patent for a crib, ruling that the board had erred in its interpretation of two of the shortest words in the English language: “a” and “an.”

  • April 19, 2018

    Driller Gets Approval Of $14.3M Award In Trade Secrets Fight

    A Texas appeals court on Thursday affirmed a jury’s verdict that awarded a driller $14.3 million in lost profits due to misappropriated trade secrets by a potential partner in a Montana oil and gas development project, though it threw out an award of $4.5 million in exemplary damages.

  • April 19, 2018

    Amneal Says Fed. Circ. Redo In Drug Patent Row Unnecessary

    Amneal Pharmaceuticals urged the Federal Circuit on Wednesday to deny Merck & Co.'s request for reconsideration, or full rehearing, of a panel's decision affirming that a generic nasal spray Amneal sells doesn't infringe one of Merck's patents, contesting the theory that the ruling was based on analysis of the wrong drug sample.

  • April 19, 2018

    Allergan, Tribe Fight PTAB's Immunity Denial At Fed. Circ.

    The Patent Trial and Appeal Board went against decades of U.S. Supreme Court precedent when it found that the St. Regis Mohawk Tribe isn’t immune to inter partes reviews, the tribe and Allergan Inc. told the Federal Circuit on Wednesday in a closely watched case over dry eye medication patents.

  • April 19, 2018

    Alleged Cult Head Owes Microsoft, AT&T Fees, Fed. Circ. Says

    A New York inventor who gained notoriety as an alleged cult leader accused of sex trafficking must pay attorneys’ fees to Microsoft and AT&T, the Federal Circuit ruled Wednesday, finding that the dismissal of his patent suit for lack of standing was “tantamount to a judgment on the merits.”

  • April 19, 2018

    Pfizer Gets Final Nod On $94M Celebrex Antitrust Settlement

    A Virginia federal judge signed off Wednesday on Pfizer’s $94 million settlement, including nearly $31 million in legal fees, with drug buyers who said the pharmaceutical giant extended its monopoly over the anti-inflammatory Celebrex by illegally blocking generic competition.

  • April 18, 2018

    Fed. Circ. Affirms PTAB Ax Of Philips LED Patent

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision invalidating a Philips Lighting LED patent as obvious in light of two other inventions that covered similar circuit arrangements, a month after it found that two other Philips LED patents were in the clear.

  • April 18, 2018

    The Embedded Tweets Battle: Everything You Need To Know

    A controversial ruling on embedded tweets is headed for an immediate appeal, setting up what will be a closely watched case over the tension between copyright law and technological change. As the appeal gets underway, here's everything you need to know.

  • April 18, 2018

    Fed. Circ. Affirms PTAB Ax Of Cialis, Adcirca Patents

    The Federal Circuit on Wednesday affirmed two Patent Trial and Appeal Board inter partes review decisions that the asserted claims of patents owned by an Eli Lilly subsidiary covering the erectile dysfunction drug Cialis and pulmonary arterial hypertension drug Adcirca are invalid as obvious.

  • April 18, 2018

    USPTO Chief Plans Summer Reveal For AIA Review Changes

    U.S. Patent and Trademark Office Director Andrei Iancu told a Senate panel Wednesday that he aims to announce proposed changes to America Invents Act reviews by this summer, and is also looking into ways the office can provide more clarity on what is and is not patent-eligible.

  • April 18, 2018

    Ex-Pharma Staffing Exec Gets Noncompete Suit Tossed

    An Illinois federal judge on Tuesday dismissed with prejudice a lawsuit seeking to enforce a noncompete agreement against the former director of Medix Staffing Solutions Inc.’s pharmaceutical and biotechnology staffing division, saying the contract is overly broad and unenforceable.

  • April 18, 2018

    Retired NFLers Hit Back At Magistrate's Sanctions In EA Suit

    A proposed class of former NFL players suing video game maker Electronic Arts Inc. for allegedly using their identities in Madden NFL has fired back at a California magistrate judge’s sanctions order over alleged evasive answers to discovery requests, telling a federal court Tuesday that the decision was wrong and overly harsh.

Expert Analysis

  • What’s Next For Embedded Tweet Copyright Case

    Marcus Chatterton

    If the Second Circuit affirms the Goldman v. Breitbart decision that embedded content may constitute copyright infringement, it will create more burdens on publishers and journalists, and it may invite some creative defenses under the Digital Millennium Copyright Act, says Marcus Chatterton of Balch & Bingham LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Patent-Marking Rules For Settling Parties After Arctic Cat

    Louis Touton

    Until recently it was not clear which party bears the burden of proving whether an asserted patent covers licensees’ products that are not marked. The Federal Circuit's decision in Arctic Cat v. Bombardier may change the way both parties approach settlement agreements, say Louis Touton and Andrea Jeffries of Jones Day.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Polaris And The Return Of The Utility Requirement

    Michael Rounds

    For the vast majority of the 1952 Patent Act’s history, the requirement that an invention possess “utility” has been such a low bar as to effectively be nonexistent. Perhaps the tension highlighted in the Federal Circuit's Polaris v. Arctic Cat decision will prove the impetus needed to brush the dust off of the utility requirement in future cases, say Michael Rounds and Adam Yowell of Brownstein Hyatt Farber Schreck LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 1

    Michele Alexander

    While the media has been reporting on tax reform, tax reform will impact the media industry itself. Reform's effects are numerous, from a reduction in tax rates and new deductions to the loss of important deductions and new international regimes that have kept tax experts waiting in anticipation of further guidance, say attorneys Michele Alexander and Ryan Davis of Bracewell LLP.

  • Opinion

    Congress' Fix To Tribal Sovereign Immunity Misses The Point

    Caso (2).jpg

    Congress recently introduced a bill to strip Native American tribes of sovereign immunity on issues relating to patents, but this proposed law only delays resolution of the confusion over a real problem on new attacks on pharmaceutical patents, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.