Intellectual Property

  • September 19, 2017

    AstraZeneca, Amneal Settle Generic Diabetes Drug Fight

    Drug companies AstraZeneca and Amneal have settled a patent infringement lawsuit over Amneal's application to sell a generic version of AstraZeneca diabetes drug Byetta, according to a Monday filing in Delaware federal court.

  • September 19, 2017

    Taylor Swift Hit With Fresh Suit Over 'Shake It Off'

    A pair of songwriters accused Taylor Swift, Sony ATV and Universal Music Group of ripping off lyrics from a 2001 hit song they’d penned, saying Monday that even though “Shake It Off’s” use of the lyrics wasn’t exactly the same, they still violated the songwriters’ copyright.

  • September 19, 2017

    How A Naughty 'Grinch' Play Is Fair Use

    A New York federal judge recently ruled that a dirty stage play riffing on the Dr. Seuss classic "How the Grinch Stole Christmas" was protected by the fair use doctrine. Here's why.

  • September 19, 2017

    Ex-Worker Cops To Trying To Sell ‘As Seen On TV’ Co. Info

    A New Jersey-based former employee of a New York company that develops and markets “As Seen on TV” merchandise admitted on Tuesday to his role in a scheme in which he attempted to sell the company’s information to its competitors.

  • September 19, 2017

    Attys Warn Of Shifting Electronic Searches At Borders

    Government prosecutors and privacy experts told their colleagues Tuesday that increased searches of electronic devices at the border have left the law lagging behind law enforcement practices, and searches prohibited today may become permissible tomorrow as consumers become more accustomed to divulging sensitive personal information.

  • September 19, 2017

    'Whoomp! (There It Is)': A Deal To End Song Rights Row

    The Chapter 7 trustee for a music publisher that went bankrupt after a $2.2 million judgment over the rights to the song “Whoomp! (There It Is)” gained approval Tuesday from a Florida federal judge for a deal to settle the case and several related disputes.

  • September 19, 2017

    Hitachi Metals Hits Chinese Rivals With ITC Trade Secrets Suit

    Hitachi Metals filed a complaint at the U.S. International Trade Commission on Tuesday alleging that a number of Chinese companies have violated the Tariff Act by selling and importing into the U.S. amorphous metals manufactured using misappropriated trade secrets.

  • September 19, 2017

    Troutman Sanders Nabs Mintz Levin Litigators In Calif.

    Troutman Sanders LLP has hired two Mintz Levin attorneys who have represented tech and life sciences companies in a range of disputes involving data breaches, intellectual property rights and fiduciary rights for its business litigation practice in San Diego as a part of the firm’s efforts to bolster its presence on the West Coast, Troutman Sanders said Monday.

  • September 19, 2017

    Pat's Steaks Sues Family Member Over Pa. Brand Rights

    Pat’s King of Steaks Inc., the iconic Philadelphia restaurant brand controlled by the grandson of the purported originator of the cheesesteak, sued a family member in state court on Monday, saying she is refusing to concede that she does not have the rights to use the company's name in Pennsylvania.

  • September 19, 2017

    'The Art Of Fielding' Author Accused Of Stealing Book Idea

    The author of the 2011 baseball novel “The Art of Fielding” has been hit with a copyright lawsuit in New York federal court alleging that he took significant portions of another author’s work and incorporated it in the book.

  • September 19, 2017

    Insurer Wants Provider List Kept Secret In Fla. Contract Fight

    The winner of a contract to provide dental benefits for Florida's health insurance program for children asked a state appeals court Tuesday to overturn an order forcing the company to hand over a list of providers in response to a public records request by a losing bidder, arguing the list is a protected trade secret.

  • September 19, 2017

    Car Restoration Co. Founder Can't Duck Trademark Suit

    A California federal judge has kept alive allegations that a car restoration company’s president infringed trademarks belonging to the trust for the famous race car driver Carroll Shelby, saying the court has jurisdiction over the man.

  • September 19, 2017

    Priceline Gets Partial Win In IBM Patent Infringement Suit

    A Delaware federal judge on Monday handed a complicated and split ruling to International Business Machines Corp. and several Priceline Group Inc. travel and hospitality websites in IBM’s lawsuit accusing the sites of infringing its patents from the early days of the internet.

  • September 19, 2017

    PTAB Says System Not To Blame For Luv N’ Care Late Petition

    The Patent Trial and Appeal Board on Monday denied Luv N’ Care Ltd.’s challenge to a patent covering pails used to wash shampoo from a baby’s hair, rejecting the baby products maker’s argument that its petition was late because of problems with the board’s online filing system.

  • September 19, 2017

    Ex-K&L Gates Atty Escapes Sanctions Over Withheld Evidence

    A California federal judge declined Monday to sanction generic-drug maker Amphastar Pharmaceuticals Inc. and its former K&L Gates attorney for withholding evidence in a since-dismissed False Claims Act suit, saying the counsel acted improperly but not necessarily in bad faith.

  • September 19, 2017

    FTC Contests Impax's Defense Of Opana ER Patent Settlement

    Impax Laboratories Inc. has no pro-competitive justifications for its 2010 patent dispute settlement with Endo Pharmaceuticals Inc. over the drug Opana ER, and none of its defenses of the agreement’s alleged reverse payment hold water, the Federal Trade Commission said in a Friday filing in its administrative proceeding against Impax.

  • September 18, 2017

    Content-Makers Call For Stronger Copyright Rules In NAFTA

    An association of creative content producers has argued that the "overly-broad, outdated" safe harbor provisions of the Digital Millennium Copyright Act should not factor prominently into a reworked North American Free Trade Agreement, saying the trade groups that stumped for the provisions to the U.S. Trade Representative represented not content producers as claimed but tech giants.

  • September 18, 2017

    Waymo Seeks Trial Delay In Self-Driving IP Row With Uber

    In what Uber called a “do-over request,” Waymo asked a California federal judge Saturday to delay the trial date for its trade secret misappropriation suit against Uber, saying it needs to scale a “mountain of evidence” revealed by a report that was only proffered after a Federal Circuit ruling last week.

  • September 18, 2017

    Pepe The Frog Artist Expands Copyright Fight

    The creator of Pepe the Frog has followed up on his promises to assert his intellectual property rights since he stopped the distribution of an allegedly hate-mongering children’s book featuring his cartoon frog, taking legal action against multiple websites and social media personalities, his pro bono legal team at WilmerHale announced Monday.

  • September 18, 2017

    Sony's Headphone Patent Rehearing Bid Nixed Under Nautilus

    Without elaborating on its reasoning, the full Federal Circuit on Monday unanimously denied Sony Corp. and other tech companies’ request to reconsider the revival of wireless headphone patents that One-E-Way Inc. accused them of infringing before the International Trade Commission.

Expert Analysis

  • 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.

  • Paths To Successful Motions To Amend At PTAB

    Barbara McCurdy

    Patent owners continue to bemoan the extreme reluctance of the Patent Trial and Appeal Board to grant motions to amend substituting claims. The very few successful amendment cases involved patent owners expending significant effort to show how they meet all of the criteria, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • How Courts Treat USPTO Subject Matter Eligibility Guidelines

    Jeremiah Frueauf

    Patentees in district courts have argued patent eligibility based on the U.S. Patent and Trademark Office subject matter eligibility guidelines, with mixed success. A Virginia federal court's recent decision in Cleveland Clinic v. True Health is the first to address a patent that issued, in part, based on the guidelines, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • An Update On The Apple-Samsung Damages Saga

    Joshua Wolson

    Last year, the U.S. Supreme Court unanimously reversed a jury verdict that awarded Apple nearly $400 million in damages from Samsung. Now a California federal court has an opportunity to provide important guidance on the meaning of the Supreme Court’s decision, says Joshua Wolson of Dilworth Paxson LLP.