Intellectual Property

  • October 10, 2017

    The Firms Filing The Most Trademark Suits

    The list of firms filing the most trademark lawsuits over the third quarter of 2017 is topped by a newcomer, who surged up the rankings by filing nearly two dozen cases over counterfeit marijuana gear.

  • October 10, 2017

    Muhammad Ali TM Owner Sues Fox Over Super Bowl Video

    The company that owns the rights to the identity of legendary boxer Muhammad Ali hit Fox Broadcasting Co. with a $30 million lawsuit in Illinois federal court on Tuesday, claiming that a promotional video shown before the 2017 Super Bowl used images of Ali and his story without its authorization.

  • October 6, 2017

    Amgen Sues Genentech To Shield Avastin Biosimilar

    Amgen Inc. filed a suit in California federal court Friday seeking a declaration that 27 patents related to Genentech’s cancer treatment Avastin are invalid, unenforceable and aren’t infringed by Amgen’s biologic, which won U.S. Food and Drug Administration approval last month.

  • October 6, 2017

    PTAB Isn't Making CBM Reviews Any Easier For Challengers

    With its refusal to adopt a "time of filing" rule, the Patent Trial and Appeal Board reinforced a means of avoiding covered business method reviews and continued a trend toward making CBM challenges difficult for petitioners, attorneys said.

  • October 6, 2017

    Apple's Top Legal Eagle Retiring, Ex-Honeywell Exec New GC

    Apple Inc.’s general counsel is retiring and will be replaced by a former Honeywell senior vice president and GC, the phone and computer titan announced Friday.

  • October 6, 2017

    McCaskill Drafts Bill To Block Tribal Immunity In Patent Review

    Sen. Claire McCaskill, D-Mo., piled on to lawmakers’ objections to Allergan PLC’s transfer of patents for dry-eye treatment Restasis to a Native American tribe, releasing a draft bill Thursday aimed at nixing tribal immunity in reviews by the Patent Trial and Appeal Board.

  • October 6, 2017

    Collegium Infringing OxyContin Patents, Purdue Says

    Collegium Pharmaceutical Inc. is infringing two of Purdue Pharma LP's patents tied to the opioid painkiller OxyContin when making and selling its painkiller Xtampza ER, Purdue alleged on Friday in Massachusetts federal court, as part of a long line of similar suits.

  • October 6, 2017

    'Blurred Lines' Stars Battle Marvin Gaye Heirs At 9th Circ.

    A closely watched copyright case over whether Pharrell Williams and Robin Thicke's 2013 chart-topper “Blurred Lines” infringed Marvin Gaye’s iconic “Got To Give It Up” was argued Friday before the Ninth Circuit, where attorneys for the two sides clashed over what exactly a trial jury was allowed to hear.

  • October 6, 2017

    Phone Patent Claims Against Gov't Time-Barred: Fed. Circ.

    A Federal Circuit panel affirmed a Court of Federal Claims decision to nix an inventor’s suit alleging that the U.S. government infringed his intellectual property related to dual handset telephones, finding Friday that he failed to sue within a special statute of limitations.

  • October 6, 2017

    Biotech Firm Can Arbitrate Patent Row At AAA, Chancery Says

    The Delaware Chancery Court on Friday ordered a Finnish renewable resources company to arbitrate its patent dispute with a Pennsylvania-based biotechnology startup before the American Arbitration Association, rejecting use of the International Chamber of Commerce despite the companies' agreeing to that venue too.

  • October 6, 2017

    ITC To Probe Toyota, BMW, Others Over Electric Motor Parts

    The U.S. International Trade Commission said Thursday it will be kicking off an investigation into thermoplastic parts used in imported cars by Toyota, BMW and others, after a judge previously terminated a probe upon discovering that petitioner Intellectual Ventures II LLC lacked standing because of an error in an assigning agreement.

  • October 6, 2017

    $60M Merck Pay-For-Delay Deal, $20M Atty Fees Approved

    A New Jersey federal judge Thursday signed off on a $60 million settlement reached by Merck and Upsher-Smith with a class of direct purchasers who accuse the drug companies of engaging in a pay-for-delay scheme tied to potassium supplements and then granted more than $20 million in attorneys' fees to the class counsel.

  • October 6, 2017

    Womble Carlyle Adds McCarter & English Patent Pros

    Three former McCarter & English LLP partners with decades of combined experience in life science and engineering patent applications, prosecutions and litigation, have joined Womble Carlyle Sandridge & Rice LLP in its new Boston office.

  • October 6, 2017

    Medline Says CR Bard Copied Innovative Surgery Kit

    Medical supply giant Medline is suing competitor C.R. Bard over the design of an infection-combating catheterization kit, telling an Illinois federal court in papers filed Thursday that Bard is willfully infringing a patent issued just weeks ago.

  • October 6, 2017

    Attys Argue For 1/3 Slice Of $15M Asacol Deal Pie As Fees

    Attorneys for direct purchasers who recently struck a $15 million deal in a suit accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their drug Asacol urged a Massachusetts federal judge Thursday to hand them almost $5.46 million in fees and expenses, arguing that they are asking for significantly less than the $8.3 million worth of work they did in the case.

  • October 6, 2017

    IP Hires: Greenberg Traurig, K&L Gates, Pierce Atwood

    In this week's intellectual property partners on the move, Greenberg Traurig nabs a patent litigator who represents generic-drug makers, K&L Gates boosts its practice with an ex-Kilpatrick Townsend attorney, and Pierce Atwood adds a patent attorney in New England. Here, we offer details on the attorneys who have landed new jobs.

  • October 5, 2017

    Foot Care Co. Says Rival Exploited Its IP In Online Sales

    A company that sells a line of therapeutic foot products accused a competitor in Illinois federal court Wednesday of stealing its product photos and using its trademarks without permission to sell items on Amazon.

  • October 5, 2017

    Eli Lilly Beats Challenge To Cancer Treatment Patent

    The U.S. Patent Trial and Appeal Board found Thursday that a patent protecting the vitamin regimen for one of drugmaker Eli Lilly & Co.’s best-selling cancer treatments, Alimta, is valid, rejecting a challenge to 22 of its underlying claims.

  • October 5, 2017

    Chicago Font Co. Takes Aim At Target's Use Of Typeface

    Target is using a font company's most popular typeface in branding and advertising far beyond what is allowed by the firms' licensing agreement, according to an infringement suit filed against the retail giant in Illinois federal court Wednesday.

  • October 5, 2017

    Meat Loaf Stole 'I’d Do Anything For Love' Song, Suit Says

    Meat Loaf was slapped with a copyright infringement suit in California federal court Wednesday claiming his hit “I’d Do Anything For Love” was stolen more than 24 years ago, likely through the attorney who concurrently represented the rocker’s songwriter and the alleged song composer.

Expert Analysis

  • 5 Thoughts On 5 Years Of Inter Partes Review

    Gene Lee

    Over the five years since inter partes review came into effect, it has made the Patent Trial and Appeal Board the most popular venue for litigating patent disputes. It is worthwhile to ask whether IPRs are achieving their intended policy goals and at what cost their popularity comes, say Gene Lee and Danielle Grant-Keane of Perkins Coie LLP.

  • Tips For Drafting Patents That Won't Need Alice Step 2

    Phillip Articola

    Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • PTAB At 5: Part 4 — At The Intersection Of PTAB And Courts

    Michael Specht

    Whether the 5-year-old Patent Trial and Appeal Board can achieve its lofty goals — providing a quick, inexpensive and reliable alternative to challenging patent validity — rests largely in the ability of counsel to effectively navigate the intersection of PTAB and district court jurisdiction, say Michael Specht and Jonathan Tuminaro of Sterne Kessler Goldstein & Fox PLLC.

  • Some Clarity On Surname Trademarks From USPTO

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    Last month, the U.S. Patent and Trademark Office changed its policies and procedures for marks composed of a surname and an additional term. It seems that there are better odds in obtaining a registration for a surname mark with a broad descriptive term rather than a surname with a “merely descriptive” term, says Davide Schiavetti of Rothwell Figg Ernst & Manbeck PC.

  • PTAB At 5: Part 3 — Fed. Circ. Statistics

    Michael Joffre

    In the five years since the Patent Trial and Appeal Board was established, the Federal Circuit has rendered over 250 judgments and issued over 120 opinions deciding appeals taken from post-grant proceedings. The data reveals how the court has addressed those appeals and how those appeals are affecting the court, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • How The FTC Has Erred On Innovation Policy Issues

    David Teece

    Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.

  • PTAB At 5: Part 2 — Patents That Survive PTAB Scrutiny

    Jason Eisenberg

    Five years after the establishment of the Patent Trial and Appeal Board, attorneys with Sterne Kessler Goldstein & Fox PLLC discuss several lessons from PTAB challenges that should be considered when developing an effective patent prosecution strategy, taking into account both a global outlook and advances in big data.

  • How Congress Making IPR Retroactive Affects Oil States

    Jason Hoffman

    As the U.S. Supreme Court weighs whether inter partes review violates the Constitution in Oil States v. Greene's, Congress’ 2011 decision to make inter partes review retroactive — unlike its decision regarding inter partes re-examination — could ultimately doom inter partes review, says Jason Hoffman of BakerHostetler.

  • PTAB At 5: Part 1 — Surprises And Lessons Learned

    Eldora Ellison

    The Patent Trial and Appeal Board began operations in September 2012. Five years later, attorneys with Sterne Kessler Goldstein & Fox PLLC look back at the first phase of the Trial Division’s history and compare the results with predictions at its inception.