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Intellectual Property

  • September 14, 2018

    'Ugg' Is Not Generic Trademark For Boots, Judge Says

    An Illinois federal judge ruled Thursday that “ugg” is not a generic word for a kind of sheepskin boot, meaning the U.S. owner of the popular Uggs brand can sue a rival for using the name.

  • September 14, 2018

    FTC Told Impax Can't Justify Opana Reverse Payment

    Federal Trade Commission attorneys looking to revive a pay-for-delay case over the opioid pain medication Opana ER told the commission that the central issue in the appeal is that generics maker Impax can't tie the payment it received from Endo Pharmaceuticals Inc. to its broader settlement agreement.

  • September 14, 2018

    Fed. Circ. Won't Rehear Blackbird Win In Lighting IP Row

    The Federal Circuit has refused a request for rehearing en banc over its decision to revive a suit brought by Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, over a patent related to energy-efficient lighting.

  • September 14, 2018

    PTAB Agrees To Review VR Patent In Co.'s $45M HTC Fight

    The U.S. Patent Trial and Appeal Board on Thursday granted HTC Corp.’s request to review the validity of a patent covering virtual reality technology at the center of a $45 million infringement lawsuit in California, finding that HTC is likely to prevail on at least one of its challenges.

  • September 14, 2018

    FDA Focus: What Axinn's Practice Chair Is Watching

    Chad Landmon, head of the U.S. Food and Drug Administration practice at Axinn Veltrop & Harkrider LLP, tells Law360 he's been urging regulators to make drug exclusivity decisions more quickly, looking for clarity on biosimilar approval standards and preparing for the U.S. Supreme Court to curb judicial deference to the FDA. This is the latest in a series of interviews with FDA practice leaders.

  • September 14, 2018

    IP Hires: Nutter McClennen, FisherBroyles, Honigman

    In this week’s round of intellectual property attorney moves, Nutter McClennen nabbed a team of seven IP experts, while FisherBroyles reeled in three patent pros and Honigman added a pair of seasoned complex patent litigation lawyers. Here are the details on these and other notable IP hires.

  • September 14, 2018

    Brand Battles: Starbucks Aims To Stop 'Anti-Semitic' Term

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks asks the board to block a mark it says has been used to "express extreme anti-Semitic views," college football powerhouse Ole Miss defends its "Hotty Toddy" chant, and Disney's Lucasfilm gets specific in a case over "Lightsabers."

  • September 13, 2018

    AB InBev’s Beer Recipes Aren’t Trade Secrets, 9th Circ. Told

    An ex-Anheuser-Busch InBev NV employee-turned-lawyer urged the Ninth Circuit on Thursday to reverse an order denying his bid to toss the brewer’s trade secrets suit against him under California’s Anti-SLAPP statute, arguing that the beer maker publicly posted a document with its beer recipes so they can’t be protectable trade secrets.

  • September 13, 2018

    Riddell Loses Bid To Invalidate Rival's Football Helmet IP

    An Illinois federal judge Wednesday shot down an attempt by Riddell Inc. to have a design patent held by the maker of Schutt Sports football helmets declared invalid, saying Riddell had not backed its claim Schutt got the patent by deliberately withholding information.

  • September 13, 2018

    Fed. Circ. Backs PTAB's Mixed Ruling On ParkerVision Patent

    The Patent Trial and Appeal Board properly issued mixed decisions invalidating some claims from a ParkerVision Inc. wireless communications patent challenged by Qualcomm Inc., while preserving other claims, a Federal Circuit panel said in a precedential ruling Thursday.

  • September 13, 2018

    PTAB Denies Hard Drive Part Patent Review Over Trial

    The Patent Trial and Appeal Board said Wednesday it would not review an Intri-Plex Technologies Inc. patent related to a component in hard drive disks, taking note of a looming infringement trial against the challenger, NHK Spring Co. Ltd.

  • September 13, 2018

    House Advances Bill To Extend USPTO Fee-Setting Authority

    The House Judiciary Committee on Thursday advanced a bill that would extend by eight years the ability of the U.S. Patent and Trademark Office to set fees for the intellectual property-related services it provides to inventors, companies and their legal representatives.

  • September 13, 2018

    AT&T Accuses Another Co. Of Prepaid Phone Resale Plot

    AT&T dialed up its battle against cellphone distributors that the telecom giant says buy inexpensive AT&T-branded phones then unlock the devices for use with other mobile carriers with a new suit in Florida federal court Wednesday.

  • September 13, 2018

    Fed. Circ. Backs PTAB, Says Inventor's Catalog Dooms Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that a Nobel Biocare dental implant patent is invalid based on a catalog from the inventor’s company, rejecting its argument that it wasn’t clear the catalog was publicly accessible.

  • September 13, 2018

    Allergan Looks To Keep CEO's Tribal Patent Docs Out Of MDL

    Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.

  • September 13, 2018

    Proposed Offshore IP Tax Rules To Treat Affiliates As Group

    The U.S. Department of the Treasury on Thursday issued proposed guidance indicating how the federal tax overhaul's global minimum tax on intangible income held offshore by U.S. corporations will work, including clarifying that affiliated companies will be treated as a consolidated group, but put off addressing foreign tax credit computations.

  • September 13, 2018

    Frontier Escapes $210M Patent Suit By 'Serial Litigant'

    An Eastern District of Texas judge on Wednesday tossed a $210 million patent suit against Frontier Communications Corp. brought by "serial litigant" Blue Spike, after Frontier accused the patent holder of suing the wrong entity and making more than 140 pages of boilerplate accusations.

  • September 13, 2018

    Trump Not In A Hurry To Broker Trade Peace With China

    President Donald Trump said Thursday that he is not rushing to hold new trade talks with Beijing as he signaled a willingness to forge ahead with his aggressive enforcement push that threatens to hit every product imported from China with hefty tariffs.

  • September 12, 2018

    Two Lidoderm Class Action Deals Worth $271M Get Final OK

    A California federal judge on Wednesday approved “excellent” settlements ending claims that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch, finalizing a $104.75 million deal with end payors and a $166 million deal with direct purchasers, including a combined $85.6 million in attorneys’ fees.

  • September 12, 2018

    Medline's Docs Not False, Judge Says In Catheter Design Row

    Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.

Expert Analysis

  • 9th Circ. Broadly Interprets Service Rules For Foreign Cos.

    Daniel Prince

    The Ninth Circuit’s recent decision in the Pangang trade secrets case provides the U.S. government substantially more methods by which it can properly serve foreign organizations, say attorneys with Paul Hastings LLP.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • A Post-SAS Alternative To Inter Partes Review

    David Newman

    As a result of the U.S. Supreme Court's recent SAS ruling, arbitration may be the best way to obtain a patentability ruling in a short and inexpensive manner. Parties can fashion the process to mirror an inter partes review, says David Newman, chairman of Gould & Ratner LLP's intellectual property group.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.

  • Quantum Computing Raises Problems For The Patent System

    Matthew Fagan

    In the realm of patents, the advent of quantum computers will complicate the way we determine priority dates, evaluate infringement, establish enablement and decide when a solution is too abstract to be patentable, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.

  • Amgen Shows New Patents Can Affect Prior BPCIA Litigation

    Ashley Mays-Williams

    Amgen's third lawsuit against Apotext illustrates how biologic drug owners can use later-issued patents to extend biosimilar litigation after an initial Biologics Price Competition and Innovation Act action has concluded, say attorneys at Paul Hastings LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.