Intellectual Property

  • March 12, 2018

    $40M Acne Med Pay-For-Delay Trial Kicks Off In Boston

    A rare pay-for-delay trial kicked off Monday in a Massachusetts federal court with classes of consumers and big retailers such as CVS, Walgreens, Rite Aid and Safeway hammering Impax Laboratories Inc. over claims that it agreed to hold off on launching a generic version of acne medicine Solodyn in exchange for a $40 million payoff.

  • March 12, 2018

    Dolby Sues Adobe Over Alleged Licensing Noncompliance

    Sound technology company Dolby Laboratories accused Adobe Systems of refusing to comply with audits Dolby claims are required under an audio system licensing agreement in a copyright and contract suit filed in California federal court Monday.

  • March 12, 2018

    GoPro Can't Prove Rival Forged Docs In IP Row, Court Told

    GoPro rival 360Heros told a California federal court Friday that it did not forge any evidence in a trademark and copyright infringement suit over an underwater rig, saying GoPro can prove none of the accusations it made in a bid to sanction the company.

  • March 12, 2018

    Apple, Others Get Claims In LTE Patent Nixed At PTAB

    The Patent Trial and Appeal Board on Monday held several claims in an Evolved Wireless LLC patent related to LTE wireless technology were invalid, finding the evidence “overwhelmingly” supported a challenge brought by Apple Inc. and other smartphone makers.

  • March 12, 2018

    Photog Fights Quick Appeal After Embedded Tweet Ruling

    A photographer who won a controversial copyright ruling last month against Time Inc. and other news outlets over embedded tweets is fighting their bid for an immediate appeal, saying “unhappiness” with the ruling is not enough for such “extraordinary relief.”

  • March 12, 2018

    PTAB Denies Coherus' Challenge To 2 Enbrel Patents

    The Patent Trial and Appeal Board on Friday shot down Coherus BioSciences’ request to reevaluate two patents owned by Hoffman-LaRoche Inc., which are licensed to Amgen Inc. for its blockbuster immunosuppressant Enbrel.

  • March 12, 2018

    USPTO Redesigns Patent Covers For 10 Millionth Patent

    For only the second time in the last 100 years, the U.S. Patent and Trademark Office has redesigned the patent cover it issues to inventors, unveiling the new look during the South by Southwest festival in Texas on Sunday to mark patent number 10 million, which will issue later this year.

  • March 12, 2018

    'Stairway' Jury Should Have Heard Tunes, 9th Circ. Told

    The man who unsuccessfully sued Led Zeppelin for allegedly stealing the iconic intro to its 1971 hit "Stairway to Heaven" told a Ninth Circuit panel Monday that he was cheated out of a favorable verdict because the jury never got to hear and compare the original recordings of the songs.

  • March 12, 2018

    Atty Dubbed Copyright 'Troll' Fights $10K Sanctions Order

    An attorney who has been labeled a copyright "troll” pushed back Monday against a New York federal judge’s decision to hit him with $10,000 in sanctions, saying the case had already settled by the time the judge began pursuing the question of sanctions, and that she didn’t have the authority to issue punitive sanctions.

  • March 12, 2018

    Holland & Knight Adds Commercial Litigator In Dallas

    Holland & Knight LLP has hired away a litigation partner from Thompson & Knight LLP in Dallas in a move it says will bolster its complex commercial litigation practice.

  • March 12, 2018

    R&B Singer Jill Scott Sued Over Greeting Card Deal

    Three-time Grammy Award-winner Jill Scott has been sued in Pennsylvania state court by a friend who says she went around him to partner with Hallmark, despite an oral agreement that he said would have given him a 50 percent cut of any greeting card deal.

  • March 12, 2018

    PTAB Won't Take Up Verizon Challenge Of Mobile Ad Patent

    The Patent Trial and Appeal Board shot down Verizon's attempt to challenge a network traffic steering patent Friday, declining to institute a challenge on the patent held by Bridge and Post Inc. that's part of a Virginia infringement case.

  • March 12, 2018

    Cole Schotz Grows IP Group With Ex-Greenberg Partner

    Cole Schotz PC has added an intellectual property attorney from Greenberg Traurig LLP who has experience building and protecting brands to its New Jersey office, the firm announced Monday.

  • March 12, 2018

    Lucasfilm Rips Defense Of 'Star Wars' Game App In TM Suit

    Walt Disney Co.’s Lucasfilm Ltd. is striking back in a trademark lawsuit the studio filed over a mobile app named for a “Star Wars” card game, calling the defendant’s arguments “specious” and “clearly wrong.”

  • March 12, 2018

    Fed. Circ. Rules Gilstrap Wrongly Freed Google From IP Suit

    The Federal Circuit on Monday gave new life to a patent lawsuit over Google LLC messaging services, finding that Judge Rodney Gilstrap of the Eastern District of Texas needs to re-evaluate whether SimpleAir Inc. is suing the search engine giant over simply “slightly different shades of the same invention.”

  • March 12, 2018

    Closed Qualcomm Office Creates Venue In IP Row, Judge Says

    A Florida federal judge found on Thursday that Qualcomm’s shuttered office in Orlando, which closed “within weeks” of a smartphone patent suit being filed against it, was sufficient to establish venue for the San Diego-based company.

  • March 12, 2018

    EU Says Pay-For-Delay Drug Settlements Still Down

    European Union pay-for-delay settlements between brand pharmaceutical companies and their generic competitors to restrict generic entry into the market “have stabilized at a low level,” European Commission antitrust regulators concluded in a report looking at deals reached in 2016 to resolve drug patent infringement lawsuits.

  • March 12, 2018

    Sports Memorabilia Dealer Wants Bad-Faith Fees Over Patents

    A New Jersey sports memorabilia dealer on Friday asked a federal judge for attorneys’ fees as sanctions following the Federal Circuit’s ruling that a payment processor’s suit seeking a declaration it didn’t infringe the dealer’s purported interactive software patents was frivolous.

  • March 12, 2018

    Speech Law's Reach Questioned In Oil Tool Patent Fight

    An oilfield tool company has asked the Texas Supreme Court to let it proceed with its suit against a company it has accused of seeking foreign patents for its proprietary technology, arguing a lower court wrongly let a state free speech law interfere with an upcoming hearing.

  • March 12, 2018

    Discovery Fraud Kills Suppliers' Privilege In Test Strips Row

    A supplier that Abbott Laboratories says sold counterfeit versions of its diabetes test strips committed discovery fraud when it handed over only a portion of relevant communications, a New York magistrate judge said Friday as she tore apart the company’s ability to rely on attorney-client privilege.

Expert Analysis

  • A Recurring Problem In Patentability Of Computer Software

    Benjamin Hattenbach

    In its discussion of the "abstract ideas" exception, Alice relied on Bilski. But the historical precedent cited by Bilski does not support the current patent regime. Courts should return to a clear delineation between patent-ineligible laws of nature and mathematical expressions thereof, and patent-eligible novel and useful inventions made by man, say Benjamin Hattenbach and Rosalyn Kautz of Irell & Manella LLP.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • Tips For Reassessing Company Patent Strategies

    Carey Jordan

    In this disruptive age, a successful patenting strategy should be a company core competency. Failure to shift corporate thinking has caused many well-established companies to be blindsided by technological developments that oust them from their market leadership positions, say Carey Jordan and Jeremy Harrison of Vorys Sater Seymour and Pease LLP.

  • Emerging Patent Issues In The Cannabis Industry

    Brett Schuman

    As cannabis industry players aggressively build patent portfolios around their products, including marijuana strains, a cannabis patent war is likely on the horizon. Among other issues, the lack of prior art may lead to issuance of overbroad patents, which will pose risks to other market participants, say attorneys with Goodwin Procter LLP.

  • Indefiniteness Is Evolving In Post-Grant Proceedings

    Deborah Sterling

    Among the more than 600 covered business method review and post-grant review challenges that have been brought to the Patent Trial and Appeal Board, indefiniteness is perhaps petitioners' least popular weapon. The statistics for indefiniteness challenges reveal some emerging trends, say Deborah Sterling and Yunjun Guo of Sterne Kessler Goldstein & Fox PLLC.

  • Online Image Infringement And The Statutory-Damages Threat

    Daniel Mazanec

    A New York federal court's recent decision in FlameFlynet v. Shoshanna adds to a growing body of precedent for refusing to award substantial statutory damages requested by a copyright owner where the amount far exceeds actual damages, says Daniel Mazanec of Greenspoon Marder LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.