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Intellectual Property

  • October 4, 2018

    Qatar Seeks WTO Talks With Saudi Arabia Over IP Piracy Row

    Qatar has requested World Trade Organization dispute consultations with Saudi Arabia over intellectual property rights owned by the country's nationals, saying Saudi Arabia's imposition of punitive political measures against Qatar has resulted in widespread broadcasting piracy of sports and entertainment network beIN Media Group LLC.

  • October 4, 2018

    2nd Circ. Axes Copyright Suit Against Latin Radio Stations

    A Second Circuit panel on Thursday nixed a music publisher’s attempt to revive a copyright infringement suit alleging that a Spanish-language broadcaster played its songs without permission, upholding a lower court’s finding that the publisher had failed to support its claims that the songs were ever played on the radio.

  • October 4, 2018

    IQVIA Can't Nix Counterclaims In Trade Secrets Suit

    A New Jersey federal judge has refused to dismiss pharmaceutical information technology company Veeva Systems Inc.’s monopoly claims in its countersuit against life sciences data giant IQVIA Inc., ruling Wednesday that it plausibly alleged IQVIA tried to block customer access to its product.

  • October 4, 2018

    T-Mobile Convinces PTAB Much Of Wi-Fi Patent Is Obvious

    The Patent Trial and Appeal Board gutted a Wi-Fi hotspot patent that T-Mobile US Inc. had been accused of infringing, finding Wednesday that numerous claims in the patent were invalid.

  • October 4, 2018

    Synopsys Claims Ubiquiti Destroyed Evidence in RICO, IP Row

    Synopsys Inc. urged a California federal judge Wednesday to sanction Ubiquiti Networks Inc. for allegedly destroying tens of thousands of files relevant to Synopsys' lawsuit that accuses the networking company of using its design software without paying and violating the Racketeer Influenced and Corrupt Organizations Act.

  • October 4, 2018

    Getty Beats Copyright Suit Over Thousands Of Photos

    A New York federal judge on Thursday tossed out a case accusing Getty Images Inc. of "recklessly" selling access to tens of thousands of photos it didn’t own, saying the press agency behind the lawsuit had “nobody to blame but itself.”

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    Siding With Frito-Lay, Fed. Circ. Rejects 'Corn Thins' TM

    Siding with snack giant Frito-Lay Inc., the Federal Circuit issued a ruling Thursday that the brand names "Corn Thins" and "Rice Thins" are too descriptive to be registered as federal trademarks.

  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    Microsoft Joins Patent-Licensing Initiative LOT Network

    Microsoft Corp. has joined LOT Network, a patent-licensing initiative aimed at curbing lawsuits by so-called patent trolls, the group announced Thursday, a high-profile addition for a network that has grown rapidly since launching four years ago.

  • October 4, 2018

    Athena Asks Fed. Circ. To Revive Nixed Biotech Patent

    Athena Diagnostics and Oxford University Innovation Ltd. on Thursday asked a Federal Circuit panel to revive their patent for a test that diagnoses an autoimmune disease based on the presence of certain antibodies, saying a lower court erred in finding the patent covered an ineligible law of nature.

  • October 4, 2018

    Brookstone's $65M Sale Of Airport, Online Retail Biz OK'd

    Bankrupt gadget retailer Brookstone Holdings Corp. received court approval Thursday for a $65 million sale of its remaining retail business consisting of more than 30 airport locations and its website.

  • October 4, 2018

    Jay-Z Copyright Suit Has 'A Real Stench': 2nd Circ. Judge

    A Second Circuit judge hearing appeals of a lower court's decision to throw out a copyright lawsuit against Jay-Z by a man who says he made the logo for the rapper's label Roc-A-Fella Records rebuked the plaintiff's lawyer on Thursday, saying the case "has a real stench to it" and that his advocacy "falls far short" of standards.

  • October 4, 2018

    Pence Slams China For Election Meddling With Tariff Salvos

    Vice President Mike Pence on Thursday forcefully rebuked China for attempting to interfere in the looming midterm elections with retaliatory tariffs and propaganda campaigns, following President Donald Trump's lead and veering the two countries' trade battle squarely into political territory.

  • October 4, 2018

    Energy Data Co. Says Exec Stole Secrets, Helped Competitor

    The energy-market data firm Genscape Inc. has filed suit against a former employee who is now the CEO of a competitor in Colorado federal court over allegations that he stole company secrets that allowed his new employer to bypass years of expensive research.

  • October 4, 2018

    Ex-Morgan Stanley Brokers Want Client Luring Suit Tossed

    Six former Morgan Stanley Smith Barney brokers asked an Illinois federal judge to dismiss a lawsuit from their former employer alleging that they tried to lure former clients to a new firm after jumping ship, saying the suit is based on nothing more than speculation and unenforceable employee agreements and policies.

  • October 4, 2018

    Juul Slams Rivals Over 'Inappropriate' E-Cig Flavors At ITC

    E-cigarette company Juul on Wednesday hit several competitors with a complaint at the U.S. International Trade Commission, accusing them of selling and importing copycats that infringe on its patents and use inappropriate flavors targeted toward children.

  • October 4, 2018

    Quinn Emanuel Nabs Veteran Media Atty From Irell & Manella

    Quinn Emanuel Urquhart & Sullivan LLP has snagged a former Irell & Manella LLP partner and veteran entertainment attorney, who brings with him more than three decades of experience representing blockbuster media companies from Paramount Pictures to Hulu, the firm said Wednesday.

  • October 4, 2018

    Rapper Ripped Off Iconic Harlem Photo, Suit Says

    A photographer widely known for his photos depicting the black experience in America sued rapper Cam’ron in New York federal court, claiming the Harlem rap artist who has waged his own copyright suits against Kanye West, Universal Music and others is now stealing his iconic photo of 1980s Harlem.

  • October 3, 2018

    FDA Petition-Shaming Plan Gives Ammo To Antitrust Suits

    The U.S. Food and Drug Administration appears poised to shame branded-drug makers that make strategically timed objections to generic-drug approval standards, providing new ammunition for antitrust suits over delayed access to lower-cost medicines.

Expert Analysis

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Design Patent Confusion In Fed. Circ. Maatita Ruling

    Robert Anders

    The Federal Circuit's decision last month in Maatita effectively eliminates the design patent requirement that drawings must enable a person of skill in the art to make and use the invention. The court failed to properly apply statutory standards, leading to an improper result, say Robert Anders of A Design Consultancy and Christopher Rourk of Jackson Walker LLP.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • Intellectual Property Caught In US-China Trade Crossfire

    Holly White

    Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

  • Opinion

    Court Doubles Down On Incorrect Right Of Publicity Ruling

    Ronald Katz

    A California federal court's refusal last week to reconsider Davis v. Electronic Arts magnifies the manifest errors in its recent decision by ignoring the blatantly obvious identifiability of the former NFL players, says Ronald Katz of GCA Law Partners LLP.

  • When Courts Allow Changes To Hatch-Waxman 30-Month Stay

    Jeffrey Lewis

    Decisions granting extensions of 30-month stays under the Hatch-Waxman Act are infrequent and often not reported. This small body of cases provides helpful benchmarks for parties, say Jeffrey Lewis and Niki Ikahihifo-Bender of Norton Rose Fulbright.

  • Amgen Suit Shows Limitations Of Biosimilar Safe Harbor

    Julia Kolibachuk

    A Delaware federal court's ruling in Amgen v. Hospira last month may indicate a significant narrowing of the patent infringement exception for activities related to obtaining drug approval from the U.S. Food and Drug Administration, say attorneys at Paul Hastings LLP.

  • Fed. Circ. Redefines 'Real Party In Interest' In USPTO Reviews

    Craig Countryman

    The Federal Circuit’s decision in Applications in Internet Time v. RPX expansively interprets the term “real party in interest” and creates new hurdles for companies that ask the U.S. Patent and Trademark Office to institute an inter partes or post-grant review, says Craig Countryman of Fish & Richardson PC.

  • Early Strategies For Protecting Neural Network Inventions

    Frank DeCosta

    Companies are heavily investing in artificial neural networks and implementing them into products and businesses. This technology provides a vivid illustration of some of the challenges in seeking intellectual property protection for artificial intelligence, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Dealing With The AIA Trap For Transition Applications

    ​​​​​​​Joe Hetz

    Many practitioners may be surprised to learn that a transition application filed as a continuation application can trigger the first-inventor-to-file provisions of the America Invents Act and can be challenged under post-grant review. This was the situation in ​the ​Patent Trial and Appeal Board case of Schul v. EMSEAL​, say Joe Hetz and Chris Gerardot of Brinks Gilson & Lione.