Intellectual Property

  • July 20, 2017

    Purina, Wal-Mart, Others Beat Ad Suit Over Pet Food Pics

    A Michigan federal judge on Thursday shut down six suits accusing Nestle’s Purina unit, Wal-Mart Stores Inc., Hill’s Pet Nutrition Inc. and others of false advertising over premium food photos on pet food packaging, saying the claims didn't address how the photos were misleading.

  • July 20, 2017

    Abbott, Fla. Pharmacy Settle 'Gray Market' Test Strip Suit

    Abbott Laboratories and a Florida pharmacy have agreed to settle a suit accusing the pharmacy of selling “gray market” versions of the drugmaker's diabetes test strips, with the companies on Thursday asking a New York federal court to enter a permanent injunction blocking the pharmacy from selling unauthorized products.

  • July 20, 2017

    Namenda Buyers' Experts Should Stay, Judge Says

    A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.

  • July 20, 2017

    FDA Tentatively OKs Merck Biosimilar To Sanofi Diabetes Drug

    The U.S. Food and Drug Administration has tentatively approved Merck & Co. Inc.’s biosimilar to Sanofi’s diabetes treatment Lantus, though the decision will remain paused while Sanofi’s patent infringement lawsuit is pending, Merck said Thursday.

  • July 20, 2017

    Bar Code Co. Gets Patent Suit Moved Under TC Heartland

    A South Carolina federal judge sent a patent suit against The Code Corp. over bar code reader technology to Utah this week, while a judge in Delaware noted a “growing consensus” among courts that the U.S. Supreme Court’s recent TC Heartland decision on venue was not a change in the law.

  • July 20, 2017

    Fed. Circ. Upholds Generics' Win In Abilify Patent Suit

    A Federal Circuit panel on Thursday rejected Otsuka Pharmaceutical Co. Ltd.’s suit against pharmaceutical companies seeking to market generic versions of the antipsychotic drug Abilify, upholding a New Jersey federal judge’s decision to toss the suit.

  • July 20, 2017

    Sportswear Co. Slams Domain Holder As A 'Cybersquatter'

    An Italian sportswear maker being sued by the owner of an online gambling company over its use of domain names told an Arizona federal judge Wednesday that the company owner is a cybersquatter who had been ordered to hand the domains over and who’s instead trying to extort a payoff.

  • July 20, 2017

    Bill Would Set Copyright System For Pre-1972 Songs

    Reps. Darrell Issa, R-Calif., and Jerrold Nadler, D-N.Y., on Wednesday introduced bipartisan legislation that would grant copyright protection to recordings created prior to 1972, with Issa calling the bill “an important and overdue fix to the law.”

  • July 20, 2017

    Rising Star: WilmerHale's Lauren Fletcher

    WilmerHale’s Lauren Fletcher has had a leading role in a number of high-profile patent cases, including the long-running battle between Apple and Samsung, and secured a number of precedent-setting wins at the Federal Circuit, earning her a spot as one of five IP lawyers under age 40 honored by Law360 as Rising Stars.

  • July 20, 2017

    Uber Fights Waymo Bid For Kalanick Letter In IP Dispute

    Uber Technologies Inc. on Wednesday asked a California federal court to deny a request by Alphabet Inc.’s self-driving car unit Waymo LLC for a letter in which Uber’s board reportedly urged then-CEO Travis Kalanick to resign, saying that it is irrelevant to the suit’s questions of whether Uber stole trade secrets or violated a patent.

  • July 20, 2017

    Catheter Patent Owner Says TC Heartland Can't Sink Suit

    The owner of a patent covering a cardiac catheter urged a Wisconsin federal court Wednesday not to toss an infringement case against St. Jude Medical Inc. based on the U.S. Supreme Court’s recent TC Heartland decision, arguing that the venue is proper because the company has a presence in the district.

  • July 19, 2017

    Xmas Tree Maker Says DQ Doesn’t Require Intent To Nix Judge

    A manufacturer of artificial Christmas trees has asked a California federal judge to reject a rival's argument for keeping a newly appointed attorney in their patent dispute, saying the late arrival of the lawyer — whose association with the previous judge prompted his recusal — is suspicious enough to warrant removal.

  • July 19, 2017

    ITC Finds Diebold ATMs Infringe Hyosung Patent

    The U.S. International Trade Commission has determined that financial services company Diebold Nixdorf Inc. imported ATMs that infringe various claims of a patent belonging to Nautilus Hyosung America, prohibiting future entry of the ATMs into the U.S.

  • July 19, 2017

    USPS Must Face Trial For Lady Liberty Stamp Mix-Up

    The U.S. Postal Service is headed to trial on copyright claims for accidentally depicting a Las Vegas replica of the Statue of Liberty on billions of stamps, after the U.S. Court of Federal Claims refused to end the case Tuesday.

  • July 19, 2017

    IPhone Makers Fight Qualcomm Injunction Bid In Royalty Suit

    IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.

  • July 19, 2017

    Netflix Copied Author's Work For 'Burning Sands,' Suit Says

    The author of a two-part book series titled “Burning Sands,” a fictional tale of six fraternity pledges at a historically black college, accused Netflix and director Gerard McMurray on Tuesday of infringing his copyright by making a movie released earlier this year with the same title and a similar premise.

  • July 19, 2017

    Major IP Groups Urge Full Fed. Circ. To Eye AIA On-Sale Bar

    Many major intellectual property groups urged the full Federal Circuit on Wednesday to review a decision that sales in which an invention isn’t publicly disclosed invalidate patents under the America Invents Act's on-sale bar rule, with one saying the ruling threatens to “destabilize the entire U.S. patent system.”

  • July 19, 2017

    Genband Asks Gilstrap To Rethink Ban Of Infringing Products

    Genband US LLC asked Judge Rodney Gilstrap of the Eastern District of Texas on Tuesday to consider additional evidence that rival Metaswitch Networks Corp.’s infringement of its telecommunications patents caused it irreparable harm meriting a permanent ban on sales in a remand of its case from the Federal Circuit.

  • July 19, 2017

    Greensfelder Expands IP Practice In St. Louis, Chicago

    Greensfelder Hemker & Gale PC has hired a Husch Blackwell LLP partner and three Nixon Peabody LLP attorneys to expand its intellectual property practice in its St. Louis and Chicago offices, the firm said Tuesday.

  • July 19, 2017

    CalAmp Hit With $12M Damages, Fees In Tracking IP Row

    A Florida federal judge on Wednesday tacked another $12 million in damages and attorneys' fees onto a $3 million jury award for Omega Patents LLC after finding that wireless communications manufacturer CalAmp Corp. infringed several patents covering vehicle tracking technology.

Expert Analysis

  • How To Convince A Startup To Think About IP

    Robert Kramer

    Cash-strapped, time-poor startups have many reasons to ignore intellectual property. Respond by suggesting that the client budget time and money for a coffee break with you next week. It might decide to pursue quality patents and a global strategic IP and licensing portfolio, or it might just end up buying coffee. Most startups leave somewhere in between, says Robert Kramer of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Blockchain's Potential Role In Admissibility Of Website Docs

    Kelce Wilson

    With a properly capable internet browser, legally significant documents that are found on the internet can be trusted to be intact, and therefore likely have greater evidentiary value — provided they had earlier been registered in the right kind of blockchain, says Kelce Wilson, counsel for Tenet3.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • The Risks In Making A Ransomware Payment

    John Reed Stark

    For many ransomware victims, paying the ransom can become the proverbial best worst option. But is it legal? There is little specific legal authority on the subject, so the legalities of payment and negotiation with ransomware attackers are worthy of some analysis, says John Reed Stark, president of John Reed Stark Consulting LLC.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • What Changed In The Texas Uniform Trade Secrets Act

    Nick Brown

    Recent amendments to the Texas Uniform Trade Secrets Act contain an important — if seemingly unremarkable — new definition of “willful and malicious misappropriation,” says Nick Brown of Fulkerson Lotz LLP.

  • Opinion

    Meritless FTC Case Against Qualcomm Will Harm Consumers

    James Skyles

    With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Where Plaintiffs Are Filing Suit Post-TC Heartland

    Benjamin Anger

    Whereas the Eastern District of Texas once garnered more than one-third of patent cases, now — during the six weeks following the U.S. Supreme Court’s TC Heartland decision — the district received just under 14 percent of new patent cases filed in the United States. And, as predicted, the District of Delaware has jumped to roughly 28 percent of patent case filings, say Benjamin Anger and Boris Zelkind of Knobbe Martens Olson & Bear LLP.

  • Lessons From Google Surviving The Genericide Attack

    Danica Mathes

    Although trademark verbing appears to be on the rise, and the Ninth Circuit's recent Google genericide opinion may give brand owners comfort, that doesn’t mean that brand owners should abandon the tried and true trademark use and protection rules, says Danica Mathes of Bell Nunnally & Martin LLP.