Intellectual Property

  • March 20, 2017

    NBC Blasts Baiul Royalty Appeal In 2nd Circ.

    NBCUniversal has blasted an appeal in the Second Circuit in which famed figure skater Oksana Baiul is attempting to salvage a suit over royalty payments from the 1994 NBC television special “Nutcracker on Ice,” saying her claims have been dramatically inconsistent.

  • March 20, 2017

    Justices Reject Bid To Revive $340M Becton Antitrust Verdict

    The U.S. Supreme Court on Monday declined to hear an appeal by syringe maker Retractable Technologies Inc. asking for the reinstatement of a $340 million award on antitrust and false advertising claims against rival Becton Dickinson and Co.

  • March 20, 2017

    Supreme Court Won't Hear Google's Appeal Over Data Patent

    The U.S. Supreme Court on Monday declined to hear Google’s bid for it to review how the Federal Circuit purportedly imposes “rigid” rules that wrongly keep “common sense” from being used to find patents invalid as obvious in a dispute over the invalidation of a computer data patent.

  • March 19, 2017

    Canada Prevails In $383M Eli Lilly Case

    Canada has prevailed in a CA$500 million ($383 million) arbitration claim filed by U.S. drugmaker Eli Lilly over the alleged wrongful termination of its drug patents.

  • March 17, 2017

    Jury Hands TEK $2.8M Win In Tire Repair Kit Patent Trial

    A California federal jury awarded TEK Global SRL $2.8 million on Friday in a case alleging that rival Sealant Systems International Inc. copied its patented design for tire repair kits that pump sealant into flat tires in order to steal its customers, according to an attorney for the prevailing party.

  • March 17, 2017

    Gibson Settles Guitar Design TM Tiff With UK Co. Mid-Trial

    Gibson has settled trademark claims against British instrument manufacturer John Hornby Skewes, ending a California federal jury trial over whether Skewes ripped off Gibson's iconic guitar designs, with Gibson saying Skewes will be blocked from selling certain guitars in the U.S. and Skewes saying the deal was “mutually satisfactory.”

  • March 17, 2017

    Fed. Circ. Backs Dow's $5.9M Fee Award In Bayer Patent Case

    The Federal Circuit on Friday upheld a lower court's decision that Bayer must pay Dow $5.9 million in attorneys' fees because its suit against Dow over soybean patents was based on a "contorted reading" of a license and "should never have been filed."

  • March 17, 2017

    Fed. Circ. Orders New Damages Trial In Design Patent Suit

    The Federal Circuit on Friday deemed a new trial necessary to determine damages in a design patent dispute over a loading dock patent in light of the Supreme Court’s recent Samsung v. Apple case.

  • March 17, 2017

    Hague Treaty Allows Process Service By Mail, Justices Told

    A splash pad company continues to argue that the Hague Service Convention permits service of process abroad by mail in its most recent U.S. Supreme Court brief, blasting arguments opposing its efforts to revive a dormant Texas trade secrets case by calling those contentions a “red herring.”

  • March 17, 2017

    Brand Battles: Disney's Lucasfilm Targets 'Star Wars' Logo

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Lucasfilm gets deep into "Star Wars" minutiae, Nautica says a rival has been "Nauti," and Apple appeals after it is refused a "Siri" registration.

  • March 17, 2017

    HTC, Valve Win Trademark Suit Over 3D 'VIVE' Headset

    A Virginia federal judge gave HTC Corp. and Valve Corp. an early win in a lawsuit brought by a NASA contractor who claimed the tech and gaming companies’ virtual reality VIVE headset and 3D software infringed its trademarks, finding the marks at issue are weak and the companies never tried to profit off of them in bad faith.

  • March 17, 2017

    Ammo Co. Asks Justices To Reload Army Nondisclosure Row

    A Federal Circuit panel turned its back on more than a quarter-century of precedent when shooting down Liberty Ammunition Inc.’s contract breach claim against the U.S. Army over lead-free bullet technology, the company has told the U.S. Supreme Court.

  • March 17, 2017

    ‘Google’ TM So Common It’s Become Generic, 9th Circ. Told

    Two men who’ve bought hundreds of domains containing the word “google” asked the Ninth Circuit at a hearing Friday to revive their case arguing “google” is so commonly used that it’s become a generic term meaning “to search the internet,” and not a valid trademark for the popular search engine.

  • March 17, 2017

    Adidas Says Asics Violated Digital Fitness Patents

    Adidas AG hit Asics with a copyright infringement suit Friday in Delaware federal court, saying the Japanese sportswear company infringed a number of patents related to fitness tracking apps and devices.

  • March 17, 2017

    Patent Exhaustion In The High Court: What You Need To Know

    The U.S. Supreme Court will hear arguments Tuesday in a case that will determine how much control patent owners can exert over how their products are used after they are sold in the U.S. and overseas. To get you up to speed, here's everything you need to know about the case.

  • March 17, 2017

    Allergan Defends 3-Month Exclusivity Deal For Namenda

    Pharmaceutical patent holders that sue generic-drug manufacturers for infringement and then shorten product exclusivity periods via settlements shouldn’t have to actually win those cases to maintain exclusivity, an Allergan unit told a New York federal judge Friday in a lawsuit over Alzheimer’s treatment Namenda.

  • March 17, 2017

    Samsung Tells High Court $120M Apple Patent Win Flouts Law

    Samsung has asked the U.S. Supreme Court to review a Federal Circuit decision that it must pay $120 million for infringing Apple’s smartphone patents, saying the ruling created "new and incorrect” law that makes invalidating patents too hard and winning injunctions too easy.

  • March 17, 2017

    Fed. Circ. Affirms Invalidation Of More Affinity Patents

    The Federal Circuit on Friday invalidated two more patents covering streaming media technology held by Affinity Labs of Texas LLC, furthering the company’s losing streak of negative Patent Trial and Appeal Board decisions.

  • March 17, 2017

    Fed. Circ. Upholds Ax Of Latisse Patent Suit Against Sandoz

    The Federal Circuit on Friday affirmed a lower court's dismissal of Allergan's patent suit against Sandoz over planned generic versions of the eyelash growth stimulant Latisse, finding the suit barred because the issues were already litigated in a prior case.

  • March 17, 2017

    Photographers Urge Court To Hold Off On AP, NFL Fee Bids

    Photographers whose claims against The Associated Press, the NFL and Replay Photos over royalties from their pictures were dismissed by a New York federal judge told the court Thursday that it should not immediately address attorney fees, arguing that to do so would defeat the purpose of their request to halt the issue pending their appeal.

Expert Analysis

  • Determining Reasonable Royalties With Analytical Approach

    Mark Pedigo

    It is often necessary to identify new tools to assist in the determination of reasonable royalties — or perhaps use an older tool in a new way. The analytical approach, which has been used in one form or another for more than 40 years, may be helpful, says Mark Pedigo of RGL Forensics.

  • Making America Manufacture Drugs Again

    Frederick Rein

    While there may be economic or regulatory barriers that continue to favor manufacturing abroad, there is at least one legal barrier the new administration can address that currently places U.S. generic pharmaceutical manufacturing at a disadvantage, according to Frederick Rein and Aviv Zalcenstein of Goodwin Procter LLP.

  • Finding Jurisdiction When Paragraph IV Shifts To Paragraph III

    Bruce M. Wexler

    The District of Delaware recently rejected Sandoz’s attempt to have an infringement action against it dismissed for lack of subject matter jurisdiction based on its conversion from a Paragraph IV certification to a Paragraph III certification. A decade ago, the District of New Jersey rejected an attempt by Teva to do the same thing, say Bruce Wexler and Jason Christiansen of Paul Hastings LLP.

  • Defining 'Fair' Licensing: Where We Stand On FRAND

    Charles. L. “Chip” Babcock

    One of the hottest terms in tech right now is “internet of things.” And fair, reasonable and nondiscriminatory licensing provides access to that connectivity. The FRAND system is based on mutual trust and shared commercial interests among the world’s most innovative companies. Where it gets complicated is that there is no consensus on what FRAND should mean and whether it can be defined in more detail, says Charles Babcock of Jackson Walker LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Results Of USPTO Post-Prosecution Pilot Look Promising

    Daniel Ovanezian

    As the U.S. Patent and Trademark Office evaluates whether to renew the Post-Prosecution Pilot Program, we filed a request under the Freedom of Information Act to obtain data on the program. An initial analysis suggests that the P3 program has been beneficial for applicants but also that some improvements can be made, say Daniel Ovanezian and Sam Noel of Lowenstein Sandler LLP.

  • Trade Secret Protection Vs. Whistleblower Immunity In DTSA

    James C. Donnelly Jr.

    There is a natural tension between the Defend Trade Secrets Act's overall purpose of protecting confidential information and the desire to facilitate the reporting and correction of improper conduct, say James Donnelly and Eva Zelnick of Mirick O’Connell DeMallie & Lougee LLP.

  • Limiting Remedies On Celebrity Right-Of-Publicity Claims

    Arsen Kourinian

    When a licensee uses a celebrity’s image or likeness past the term of a license agreement, but in the same manner previously consented to, the claim falls squarely into a right-of-publicity tort and is like an intellectual property claim for economic damages. Emotional distress damages should not be available, says Arsen Kourinian of McGuireWoods LLP.

  • Discovery Of Secondary Considerations Information At PTAB

    Roger Lee

    Generally, the Patent Trial and Appeal Board has been reluctant to grant motions for discovery on issues such as secondary considerations. This trend may be shifting, say Roger Lee and David Leibovitch of Buchanan Ingersoll & Rooney PC.

  • FDA Finally Addresses Interchangeable Biosimilars

    Christopher M. Mikson

    In the six years since Congress passed the Biologics Price Competition and Innovation Act, the U.S. Food and Drug Administration has issued a number of guidances addressing the standards for establishing biosimilarity. But now we have the first FDA guidance addressing the higher standard for interchangeability, say attorneys with Mayer Brown LLP.