Intellectual Property

  • February 16, 2017

    Jury Finds Chinese Scientist Guilty In Stolen Seeds Plot

    A Kansas federal jury on Thursday found a Chinese agricultural scientist guilty of three charges related to a conspiracy to steal cutting-edge rice seeds from a biopharmaceutical research facility in order to send them back to his native country.

  • February 16, 2017

    Breast Implant Fight Should Stay In Court, Brazilian Co. Says

    The Brazilian manufacturer behind Sientra Inc.’s silicone breast implants fought back Wednesday against Sientra’s attempts to pause litigation between the companies in favor of international arbitration, telling a New York federal court that such a move would drag out urgent intellectual property matters.

  • February 16, 2017

    Boston Ex-Guitarist Can't Get Fees In Founder's TM Suit

    A former guitarist for the band Boston is not entitled to attorneys’ fees after a jury found he did not violate trademark claims brought by the group’s founder over the way he was billed as an “original member” in a subsequent band, a Massachusetts federal judge said Thursday.

  • February 16, 2017

    Amgen Hiding Biosimilar Info, Genentech Suit Says

    Amgen is hypocritically withholding information about its proposed biosimilar of cancer drug Avastin and thereby undercutting potential patent litigation, Genentech charged in a complaint filed Wednesday in Delaware federal court.

  • February 16, 2017

    EA Wants Quick Win On Claim In Madden Publicity Duel

    Video game maker Electronic Arts Inc. asked a California federal court Wednesday for a partial judgment in a putative class action from a group of retired NFL players alleging the “Madden NFL” games use their likeness without permission, arguing that the visual depictions of former players are generic.

  • February 16, 2017

    King Of Pop's Ex-Manager Says Brands Lined Up Before Death

    Michael Jackson’s former manager Tohme Tohme took the stand at the IRS’ behest Thursday in the Los Angeles trial over the value of the late entertainer’s estate at the time of his death, testifying that Nike, Sony and others had licensing deals in the works when Jackson died.

  • February 16, 2017

    Fed. Circ. Upholds Patent Injunction Barring Sales Of Mowers

    The Federal Circuit on Thursday upheld a preliminary injunction issued by a federal judge who found certain Toro and Exmark riding lawn mowers likely infringe a patent owned by a rival manufacturer, a decision that will keep the mowers off the market while the case moves forward.

  • February 16, 2017

    Full Fed. Circ. Urged To Strip PTAB’s Power To Ax Patents

    The owner of an LCD technology patent invalidated by the Patent Trial and Appeal Board asked the full Federal Circuit Wednesday to rule that patents are private property rights that cannot be revoked by an executive body like the PTAB, in the latest constitutional attack on the America Invents Act.

  • February 16, 2017

    PTAB Says Insurance Cos. Estopped In IV IPR Challenge

    The Patent Trial and Appeal Board said Wednesday the inter partes review estoppel provision barred a pair of insurance companies from challenging several invalidated claims in an Intellectual Ventures II LLC e-commerce patent in an America Invents Act review.

  • February 16, 2017

    Fed. Circ. Affirms 'Severe' Sanctions In ITC Trade Secret Case

    The Federal Circuit on Wednesday affirmed the U.S. International Trade Commission’s decision to impose default judgment sanctions for destroying evidence and a limited exclusion order against a Turkish chemical company in its trade secrets row with Dow Chemical Co., saying the commission did not abuse its discretion.

  • February 16, 2017

    Google Pops Rival’s IP Suit Over Balloon Internet Tech

    A California federal judge said Thursday she’ll dismiss with leave to amend Space Data Corp.’s trade secret and patent infringement suit accusing Google Inc. of stealing its balloon-based internet technology to create Project Loon, saying the wireless services company needs to be more specific about what trade secrets Google allegedly stole.

  • February 16, 2017

    Calif. Brewery Can Register Neighborhood Name, TTAB Says

    The Trademark Trial and Appeal Board ruled Tuesday that a craft brewer called Oak Park Brewing Co. could register its logo as a trademark, saying the “Oak Park” neighborhood of Sacramento, California, was too obscure a location to warrant a refusal.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 16, 2017

    Bieber Skipped Depo To 'Chug Beer,' Copyright Accuser Says

    A singer-songwriter who is suing Justin Bieber for copyright infringement over his hit “Sorry” on Thursday accused the pop star of acting like he was “above the law” by “chugging beer” rather than appearing for a scheduled deposition.

  • February 16, 2017

    Watson Wants Lidoderm Suit Stayed For Ruling On FTC Power

    Watson Laboratories Inc. asked a California federal court Wednesday to pause a renewed pay-for-delay lawsuit by the U.S. Federal Trade Commission over pain relief patch Lidoderm while a different court considers Watson's challenge to the agency’s authority to bring such a suit.

  • February 16, 2017

    Hospital Slams Bids To Ax $10M Pepcid Patent Verdict

    A Boston hospital argued Wednesday that attempts by over-the-counter drug maker Perrigo Co. to overturn a $10.2 million Pepcid patent infringement verdict ignored the evidence presented to the jury.

  • February 16, 2017

    Fed. Circ. Revives Pilates Equipment Patent Suit

    The Federal Circuit on Thursday told a district court it botched claims construction in a suit accusing a Manhattan Pilates studio chain of infringing a key equipment piece after the studio and its accuser, WundaFormer LLC, signed a non-infringement agreement based on the old term definitions.

  • February 16, 2017

    Chrysler, Auto Parts Co. Want Quick Wins In ‘Scat Pack’ Suit

    Chrysler on Tuesday asked a California federal judge for summary judgment that it didn’t infringe an auto parts supplier’s trademark by using the term “Scat Pack” for parts and accessories, and the supplier separately asked the court to rule against counterclaims that it abandoned the trademark.

  • February 16, 2017

    2nd Circ. Actos Ruling Boosts Pharma Antitrust Plaintiffs

    The Second Circuit has revived claims by purchasers of diabetes drug Actos accusing Takeda of delaying generic competition for the drug, providing guidance on antitrust causation in a ruling that smooths over a potential roadblock for plaintiffs in similar suits against pharmaceutical companies.

  • February 16, 2017

    2nd Circ. Finalizes New York Pre-1972 Song Ruling

    The Second Circuit on Thursday made official what New York’s highest court said in December: that state law does not require radio companies like Sirius XM to pay millions in new royalties to play songs recorded before 1972.

Expert Analysis

  • Inside Northern District Of California's New Patent Rules

    Sruli Yellin

    While the recent revisions to the Northern District of California's influential patent local rules provide for several small tweaks to the rules governing disclosure of infringement contentions and invalidity contentions, the most notable and significant changes impact damages discovery and the disclosure of damages theories and positions, says Sruli Yellin of Fisch Sigler LLP.

  • What Schulhauser Means For Conditional Claim Limitations

    Braden Katterheinrich

    For the first time since 2013, the Patent Trial and Appeal Board recently designated a decision on an ex parte appeal as precedential. In view of this ruling in Schulhauser, method claims should be drafted such that any condition precedent required for later-occurring steps actually occurs, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.

  • Protecting Proprietary Information In Employee Departures

    Sean Tuttle

    As companies continue to gather and retain more and more data and as employees come and go, an emphasis on protecting proprietary and confidential information is required. However, waiting until the exit interview to ensure that proper measures are in place often leaves the company open to serious risks, say Sean Tuttle and Patricia Smaldone of StoneTurn Group LLP.

  • Chinese IP Courts Are Increasing Damages Awards

    Pauline Booth

    The Beijing IP Court's recent decision in Watchdata v. Hengbao is noteworthy for the amount of damages awarded and the extent of the detail shared by the court about its process for calculating damages, say Pauline Booth and Yi Zhang of Duff & Phelps.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 2

    David Kluft

    Although NFL ratings may be down a bit this year, intellectual property lawsuits related to the NFL most certainly are not, says David Kluft of Foley Hoag LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • Tips For Addressing The IP Challenges Of 3-D Printing: Part 1

    Thomas Prock

    The intellectual property rights of both manufacturers that use 3-D printing and manufacturers that don't may suffer through claim drafting that does not take into account the opportunities provided by 3-D manufacturing, say attorneys with Marks & Clerk.

  • Some Early Trends In Post-Grant Review

    Kerry Flynn

    Although the post-grant review numbers are still quite small, it appears that arguments relating to PGR eligibility may be new tools for patent owners to use in trying to obtain a petition denial, say Kerry Flynn, chief IP counsel for Vertex Pharmaceuticals Inc., and Tom Irving, Amanda Murphy and Stacy Lewis of Finnegan Henderson Farabow Garrett & Dunner LLP.