Intellectual Property

  • April 23, 2018

    9th Circ. Rules Monkey Can't Sue Over Copyrights

    The Ninth Circuit ruled Monday that animals cannot sue for copyright infringement, ending a bizarre, yearslong courtroom battle over a famous photo dubbed the "monkey selfie."

  • April 20, 2018

    Cephalon's $125M Antitrust Deal Is Valid, Atty Power Unknown

    A contract outlining terms of Cephalon Inc.’s $125 million settlement, which resolved allegations it paid competitors to delay generic versions of its Provigil drug, is binding and enforceable, a Pennsylvania federal judge said Friday, but left undetermined if an insurer-claimant’s attorneys were authorized to approve the deal.

  • April 20, 2018

    Alnylam, Dicerna Settle Trade Secrets Case Ahead Of Trial

    With a trial looming, Dicerna Pharmaceuticals Inc. announced Friday it would shell out $15 million and close to a million shares of common stock to end Massachusetts state and federal court litigation with Alnylam Pharmaceuticals Inc. in which both sides accused the other of misappropriating trade secrets for technology related to RNA interference.

  • April 20, 2018

    Fed. Circ. Upholds PTAB Time-Bar Ruling Against Wi-Fi One

    Three months after the full Federal Circuit gave Wi-Fi One LLC a chance to argue Broadcom Corp. was too late with its challenges to messaging patents at the Patent Trial and Appeal Board, a split panel of judges for the appeals court ruled the board correctly invalidated claims in the patents.

  • April 20, 2018

    USPTO Chief Pushes 'New Narrative' Of Patent Benefits

    U.S. Patent and Trademark Office Director Andrei Iancu on Friday called for a "new narrative" about patents that emphasizes their benefit to society, illustrating his point in a speech at a lunch for women in intellectual property by highlighting the breakthrough inventions of Hollywood star Hedy Lamarr.

  • April 20, 2018

    Brand Battles: Monster Fights 'Cleveland Monsters' Team

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Monster Energy Co. picks a fight with Cleveland's professional hockey team over a rebranded name, the New York Yankees and several other Major League Baseball teams launch new cases, and AARP gets angry about an acronym.

  • April 20, 2018

    Experts Look To Congress To Stem Patent-Eligibility ‘Chaos’

    The U.S. Supreme Court’s patent-eligibility decisions like Alice have caused “total chaos” that diminishes patent protection for software and medical diagnostics, and it may be time for Congress to step in, the former director of the USPTO and other patent leaders said at a conference Friday.

  • April 20, 2018

    MiraLAX Generics Get FDA Reprieve Despite Bayer Objections

    Sales of generic versions of popular constipation drug MiraLAX will be allowed for an extra six months, the U.S. Food and Drug Administration revealed Friday, rejecting opposition from Bayer AG and reversing the agency's own recent order requiring sales to end promptly.

  • April 20, 2018

    Eli Manning, Giants Shed RICO Claims In Memorabilia Suit

    A New Jersey judge on Thursday tossed racketeering claims in a wide-ranging suit alleging New York Giants quarterback Eli Manning defrauded sports memorabilia dealers, finding there was no illicit enterprise, but said certain contract claims and other allegations will go to trial next month.

  • April 20, 2018

    Kraft Unit's NY Peanut Butter Arbitration Paused In Australia

    An Australian judge refused to lift an order barring a Kraft Heinz Co. subsidiary from proceeding with a New York arbitration stemming from an Australian dairy company's alleged misuse of Kraft's peanut butter jar design, saying Friday the parallel proceedings could lead to inconsistent findings.

  • April 20, 2018

    Fed. Circ. Nixes Voting IP, But Says Alice Didn't Change Law

    The Federal Circuit on Friday upheld a ruling that a Voter Verified Inc. patent on a vote verification system was invalid because it covered nothing more than an abstract idea, although judges said the U.S. Supreme Court’s Alice decision did not change the law on patent eligibility.

  • April 20, 2018

    Health Hires: Goodwin, Shook Hardy, Michael Best, Orrick

    The latest firms to expand their life sciences and health care abilities are Goodwin Procter LLP, Shook Hardy & Bacon LLP, Michael Best & Friedrich LLP, Orrick Herrington & Sutcliffe LLP, Harter Secrest & Emery LLP, Eversheds Sutherland and Cole Schotz PC.

  • April 20, 2018

    DNC Sues Trump Campaign, Russia Over 2016 Election Hacks

    The Democratic National Committee filed suit Friday in New York federal court accusing the Russian government, the Trump campaign and WikiLeaks of conspiring to hack the Democratic Party and doom Hillary Clinton’s chances at the 2016 presidential election.

  • April 20, 2018

    Fed. Circ. Revives Medinol Patent Suit Killed By Laches

    The Federal Circuit on Thursday revived Medinol Ltd.’s patent infringement suit against Cardinal Health unit Cordis Corp. and Cordis’ former parent Johnson & Johnson, a decision that came a year after the U.S. Supreme Court shot down the laches defense that had originally gotten the case dismissed.

  • April 20, 2018

    2nd Circ. Revives 'Sloppy Tuna' Trademark Dispute

    The Second Circuit vacated a lower court decision Friday nixing a trademark infringement suit brought by an affiliate of The Sloppy Tuna restaurant in Montauk, New York, against the eatery’s owner, saying it can’t be tossed because an earlier suit originally filed in Georgia was moved to the Empire State.

  • April 20, 2018

    Fed. Circ. Revives Inventor's Claim On Fax-To-Email Patent

    The Federal Circuit on Friday ruled that a man claiming to have invented a method for turning faxes and voicemails into digital readouts had standing to sue j2 Cloud Services LLC and Advanced Messaging Technologies Inc., finding that a contract he signed released his copyright interests but not his patent rights.

  • April 20, 2018

    Insurer Sues To Deny Surgical Tools Co. Coverage In IP Suit

    Sentinel Insurance Co. sued surgical tools company Novo Surgical Inc. in Illinois federal court Thursday, claiming it has no duty to defend Novo in an underlying suit in which a competitor accused it of infringing sales information.

  • April 20, 2018

    Morris Manning & Martin Launches Gov't Contracts Practice

    Morris Manning & Martin LLP has launched a Washington, D.C.-based government contracts practice group led by a former partner at Cohen Mohr LLP and bolstered its D.C. office with another 10 attorneys working in five different practice areas, the firm announced this week.

  • April 19, 2018

    Oprah's 'Greenleaf' Show Infringes Copyright, Writers Say

    Two writers hit Oprah Winfrey, ABC and other media properties with a copyright infringement suit in California federal court Thursday, claiming they are the true brains behind the drama television series "Greenleaf.”

  • April 19, 2018

    1st Amendment May Shield Cisco In Arista's Antitrust Suit

    A California federal judge Thursday expressed “grave concerns” about whether Arista Networks Inc.’s antitrust suit could proceed against Cisco Systems Inc. because the conduct in question — a separate copyright infringement case Cisco filed against Arista and statements by Cisco’s general counsel — may have First Amendment protection.

Expert Analysis

  • 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

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    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.

  • Trans-Pacific Partnership Lost Important IP Provisions

    Jeremiah Frueauf

    Following U.S. withdrawal, the Trans-Pacific Partnership suspended 22 provisions, the majority of which relate to the negotiated intellectual property rights. Many of these provisions would have benefited pharmaceutical and biotechnology companies, say Jeremiah Frueauf and Matthew Smith of Sterne Kessler Goldstein & Fox PLLC.

  • Lohan Decision Is Good News For Video Game Industry

    David Jacoby

    Last week, the New York Court of Appeals concluded that none of the "Grand Theft Auto V" images could be deemed a portrait of Lindsay Lohan or Karen Gravano. The opinion confirms a broader field on which fictional video games can tell their stories without detonating any litigation bombs. But it is not a get-out-of-jail-free card, says David Jacoby of Culhane Meadows PLLC.

  • J&J Case Raises Estoppel Issue For Successful IPR Litigants

    Roshan Shrestha

    In a case of first impression that may have significant, unforeseen consequences, a division of Johnson & Johnson is seeking to prevent accused infringers from asserting at trial the arguments that were successful in an inter partes review proceeding. The New Jersey federal court should deny the motion, say Roshan Shrestha and Stephen Auten of Taft Stettinius & Hollister LLP.

  • Chinese Investment In The US After The Section 301 Report

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    The U.S. Trade Representative recently alleged that China has engaged in theft of trade secrets, cyber intrusions and creation of unfair barriers to entry in China. In response, the Trump administration may be exploring options for executive branch action under the authorities of the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.