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Intellectual Property

  • August 6, 2018

    3rd Circ. Gives Biomet New Chance To Access Docs In IP Row

    Biomet Orthopaedics Switzerland GmbH on Monday earned a second chance at accessing confidential discovery materials the company claims are needed to fight trade secrets allegations in Germany, after the Third Circuit found that a lower court’s analysis before denying the request was incomplete.

  • August 6, 2018

    Dental Cos. Look to Straighten Patent Row In Fed. Circ.

    The inventor of the Invisalign clear teeth-straightening system Monday sought to revive parts of a patent underlying the technology, telling a Federal Circuit appellate panel that the U.S. Patent Trial and Appeal Board erred when it invalidated key parts of the patent as obvious.

  • August 6, 2018

    Atty Says Former Firm Emailed Clients Claiming He Broke Law

    An intellectual property attorney has brought a defamation suit against the founder of his former firm, SpencePC, in Illinois state court, claiming the founder emailed all of the attorney's clients falsely alleging he had acted unethically and potentially illegally while employed there.

  • August 6, 2018

    Actavis At 5: Where Pay-For-Delay Litigation Stands

    It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.

  • August 6, 2018

    Brewery Wants End To Thelonious Monk IP Lawsuit

    A California craft brewery that sells a "Brother Thelonious" ale is pushing to end a lawsuit filed by the estate of jazz legend Thelonious Monk, saying discovery had proven "the utter falsity" of the case.

  • August 6, 2018

    Emerson Can't Undo BladeRoom's $30M Trade Secret Win

    A California federal judge refused to tinker with a jury's $30 million award to data-center manufacturer BladeRoom regarding competitor Emerson's theft of business info that allowed it to win Facebook's business for a data center in Sweden.

  • August 6, 2018

    'Superpower' Beer and Fruit Juice Not Related, TTAB Says

    The Trademark Trial and Appeal Board has ruled that consumers will not confuse a juice called “Antioxidant Superpower” with a beer called “Superpower,” rejecting the argument that the two types of beverage were closely related for trademark purposes.

  • August 6, 2018

    Texas Gas Station Can't Use Logo After Buc-ee's TM Win

    A Texas federal judge has issued an order barring a convenience store from using its cartoon alligator logo, after a jury in May sided with popular convenience store chain Buc-ee's Ltd. in a trademark infringement row, finding the convenience store's logo infringed Buc-ee's cartoon beaver logo.

  • August 6, 2018

    Fed. Circ. Urged Not To Rehear Foreign IP Venue Ruling

    The owner of several telecommunications patents urged the Federal Circuit on Friday to leave in place its recent finding that foreign companies can be sued for patent infringement anywhere in the U.S., saying its lawsuit against Taiwan-based HTC Corp. should be allowed to proceed in Delaware.

  • August 6, 2018

    Arista Agrees To Pay Cisco $400M On Eve Of Antitrust Trial

    On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.

  • August 3, 2018

    CVS Hits Pfizer With Antitrust Suit Over Lipitor Delay

    CVS Pharmacy Inc. launched an antitrust suit in New Jersey federal court Friday accusing Pfizer Inc. of fraudulently obtaining a patent and conspiring with Ranbaxy Laboratories Ltd. to delay generic competition to the cholesterol drug Lipitor, saying the alleged scheme cost the pharmacy giant hundreds of millions of dollars.

  • August 3, 2018

    ​​​​​​​FTC Can't Block Theoretical Drugmaker Moves, Shire Says

    The Federal Trade Commission is exceeding its authority by trying to preemptively block Shire ViroPharma Inc. from petitioning the U.S. Food and Drug Administration to delay generic competition based on theoretical concerns it may do so, the drugmaker told the Third Circuit in a newly filed brief.

  • August 3, 2018

    Fed. Circ. Says Auto Parts Co. Lacks Standing In PTAB Appeal

    The Federal Circuit on Friday ruled JTEKT Corp. doesn't have standing to appeal a Patent Trial and Appeal Board decision upholding part of a patent that the auto parts maker has said poses a risk to its development of a drivetrain product.

  • August 3, 2018

    Fiat Chrysler Says Indian Look-Alike Is Ripping Off Jeep

    Fiat Chrysler has slapped an Indian competitor with a complaint claiming it ripped off the classic design of the Jeep, manufactured the automobile overseas and then sold it to consumers in the United States, telling the U.S. International Trade Commission that the trademark violation has undercut sales.

  • August 3, 2018

    PTAB Shoots Down Pfizer's Bid To Review Avastin Patent

    The Patent Trial and Appeal Board has turned down Pfizer Inc.'s challenge to a patent covering Genentech Inc.'s blockbuster cancer treatment Avastin, finding the challenger couldn't prove the patent shouldn't have been issued.

  • August 3, 2018

    2nd Circ. Restarts Long-Running 'Lucky' Trademark Fight

    The Second Circuit has revived a nearly two-decade-old trademark fight between jean maker Lucky Brand and a smaller rival, a ruling that included a first-of-its-kind application of the doctrine of res judicata.

  • August 3, 2018

    Brand Battles: Honda Aims To Block Ford 'Pilot' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Honda takes exception to a new Ford "Pilot" brand, the Children's Hospital of Philadelphia goes after a rival logo, and a battle six decades in the making erupts between Jiffy Pop and Jif.

  • August 3, 2018

    PTAB Upholds CalTech Wi-Fi Patent In Dispute With Apple

    The California Institute of Technology on Thursday notched a couple of wins in its patent fight with Apple Inc. over Wi-Fi technology when the Patent Trial and Appeal Board ruled that the iPhone maker failed to show that numerous claims in one of CalTech's patents were invalid.

  • August 3, 2018

    IP Hires: Morgan Lewis, Kilpatrick, Cozen O'Connor

    In this week’s round of intellectual property moves, Morgan Lewis & Bockius LLP landed a seven-member team of IP partners, while Kilpatrick Townsend & Stockton LLP brought on board a leading cross-border transaction specialist in San Francisco, and Cozen O'Connor snagged a trial lawyer seasoned with brand protection and trademark enforcement dispute experience. Here are the details on these and other notable hires.

  • August 3, 2018

    China Issues Fresh Tariff Threat On $60B Of US Goods

    The Chinese government teed up a new round of tariffs targeting $60 billion worth of U.S. goods Friday, ramping up its retaliation against President Donald Trump’s own sweeping tariff regime aimed at countering Beijing’s intellectual property and technology acquisition rules.

Expert Analysis

  • Judge Kavanaugh On Intellectual Property

    Van Lindberg

    What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.

  • Prepare For New Claim Construction Standard At PTAB

    Matt Kamps

    The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • WesternGeco May Reshape Reasonable Royalty Damages

    Aaron Fahrenkrog

    The analysis underlying the U.S. Supreme Court's holding in WesternGeco v. Ion opens the door to arguments for reasonable royalty damages based on foreign activities arising from domestic infringement, say attorneys with Robins Kaplan LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • PTAB Institution Decisions In The Wake Of SAS

    Stephen Schreiner

    We studied more than 50 inter partes review institution decisions issued since the U.S. Supreme Court's SAS Institute ruling ended partial reviews at the Patent Trial and Appeal Board. The results to date are encouraging, say ​​​​​​​Stephen Schreiner of Goodwin Procter LLP and Maxine Graham of American Express Co.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.

  • Another Decision In Goldman Code Theft Case

    Jonathan Waisnor

    The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.