Intellectual Property

  • August 10, 2017

    Allergan Again Pressures FDA On Restasis Generics

    Allergan PLC is continuing its push to keep a generic version of the dry-eye blockbuster Restasis off the market by submitting at least its third citizen petition to the U.S. Food and Drug Administration arguing that the agency is letting companies use insufficient studies to prove bioequivalence.

  • August 10, 2017

    Mass. Celebrity Chef Wins 'Milk Street' Trademark Fight

    Celebrity chef Christopher Kimball won a trademark suit Wednesday, with a Massachusetts federal judge’s ruling that he didn’t infringe Milk Street Cafe Inc.’s mark when he named his new business Milk Street Kitchen because there is no likelihood that the two names might be confused.

  • August 10, 2017

    Allstate Says Ameriprise Poached Employees, Trade Secrets

    Allstate Insurance Co. and its life insurance affiliate sued Ameriprise Financial Services Inc. in Illinois federal court Thursday over allegations Ameriprise is poaching Allstate employees and encouraging them to bring trade secrets and confidential information with them.

  • August 10, 2017

    Nixed Records Patents More Than Just E-Map, Fed. Circ. Told

    CertusView Technologies LLC faced an uphill climb Thursday as it tried to convince a skeptical Federal Circuit panel that its electronic records patents nixed by a Virginia federal judge are more than just the abstract, and unpatentable, idea of putting mapping information into a computer.

  • August 10, 2017

    Facebook Beats Country-Rapper's Publicity Rights Suit

    A California appeals court on Wednesday handed a victory to Facebook Inc. in a suit brought by a country-rap performer over advertisements run on negative posts about him, finding that Facebook was under no obligation to remove the posts and hadn’t violated his right of publicity.

  • August 10, 2017

    Fed. Circ. Snubs Amgen Bid For More Info On Pfizer Biosimilar

    The Federal Circuit on Thursday shot down Amgen Inc.’s bid to squeeze more information out of Pfizer Inc. about a proposed biosimilar of anemia drug Epogen, finding that Amgen doesn’t need the information to defend its patents.

  • August 10, 2017

    WTC Owner Says Trademark Suit 'Defies Common Sense'

    The owner of the World Trade Center is pushing to end a trademark lawsuit over the name of the famous complex, saying the claim that it needs to pay to use the name "defies common sense."

  • August 10, 2017

    Judge Won't Ax Forbes Award Over Ukrainian Edition

    A New York federal judge on Wednesday denied a pair of companies’ bid to vacate an arbitration award that blocked them from publishing the Ukrainian edition of Forbes, rejecting their contention that the arbitrator acted unfairly by declining to postpone proceedings at certain times.

  • August 10, 2017

    LED Patents Nixed On Bad Expert Testimony, Fed. Circ. Told

    Nichia Corp. urged the Federal Circuit in oral arguments Thursday to revive two LED semiconductor patents it says were invalidated by a jury relying on expert testimony from its rival that doesn’t line up with the prior art for making LEDs in the desired color.

  • August 10, 2017

    Fed. Circ. Shuts Down NC Lottery’s ‘First Tuesday’ TM Bid

    The Federal Circuit on Thursday affirmed the rejection of a bid by North Carolina's lottery to register “First Tuesday” as a trademark, holding that the phrase simply describes the day that a new set of scratch-off tickets is offered each month.

  • August 10, 2017

    Ex-Ambassador To Czech Republic Rejoins Quinn Emanuel

    Quinn Emanuel Urquhart & Sullivan LLP said Wednesday that an attorney who specializes in intellectual property, white collar crime, securities litigation and appeals, who previously left the firm to serve as a U.S. ambassador, has returned to work out of the firm's Chicago and New York offices.

  • August 10, 2017

    Vivian Maier Collector, Estate Agree To Talk in IP Row

    Counsel for a man who has amassed one of the world’s largest collections of amateur photographer Vivian Maier’s work will meet with the manager of Maier’s estate to discuss settling a long-running dispute over ownership of the photos’ copyright, he told an Illinois federal judge on Thursday.

  • August 10, 2017

    Cheerleader Uniform IP Case Ends With Unusual Settlement

    Five months after the U.S. Supreme Court ruled on a long-running copyright fight between two cheerleading uniform companies, the case came to a conclusion Thursday with an unusual settlement reached without one party's consent.

  • August 10, 2017

    NBA 2K Moves To Kill 'Troubling' Tattoo Copyright Suit

    Take-Two Interactive is moving to shut down a lawsuit filed over copyrighted tattoos on Lebron James and other players who appear in its popular "NBA 2K" video game franchise, saying the “troubling” case must be “halted in its tracks.”

  • August 9, 2017

    Trading Tech Co. Owes $2.3M For Misusing IP, Jury Holds

    A Colorado federal jury on Wednesday found that a trading software company’s CEO breached a contract to pay an industry-renowned futures trader for the use of his proprietary market indicator formula, and held the company and its CEO owe the author $2.6 million.

  • August 9, 2017

    What You Need To Know About Arbitrating At WIPO

    The use of international arbitration to resolve intellectual property disputes may be on the rise lately, but that doesn’t mean it’s a new concept — in fact, one institution has been quietly administering such proceedings for more than two decades. Here, Law360 takes a closer look at the WIPO Arbitration and Mediation Center, and what you need to know if you’re considering bringing a dispute to WIPO.

  • August 9, 2017

    Judge Mulls Shielding FTC Informants In Qualcomm Suit

    A California magistrate judge told the Federal Trade Commission on Wednesday that it has a week to provide more details about why the agency shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, saying he wants to learn a little more before ruling on the issue.

  • August 9, 2017

    Fed. Circ. Declines To Rehear Cisco, Oracle Patent Win

    The Federal Circuit on Tuesday rejected Crossroads Systems Inc.’s request for a full-court rehearing of its appeals of Patent Trial and Appeal Board decisions to invalidate its storage patents as part of a challenge brought by Cisco Systems Inc., Oracle Corp. and three other companies.

  • August 9, 2017

    3 Lessons From Under Armour's China Trademark Victory

    Under Armour announced last week that it had won a trademark victory in Chinese court over a knockoff sportswear line, a hopeful sign for American and European brand owners looking to enter the country’s expanding consumer market. From the attorney who won the ruling, here are three lessons for companies and lawyers hoping to do the same.

  • August 9, 2017

    Fed. Circ. Declines To Rehear GoDaddy Email Patent Win

    The Federal Circuit on Tuesday rejected RPost Communications Ltd.’s request to rehear its affirmation of a lower court's ruling that six of the company’s electronic messaging patents are invalid under Alice for claiming only abstract ideas about collecting information, preserving a win for GoDaddy.com LLC.

Expert Analysis

  • A Fed. Circ. Failure And The Constitutionality Of IPR

    Joseph Kovarik

    The constitutionality of inter partes review and patent proceedings before the U.S. International Trade Commission now hangs in the balance at the U.S. Supreme Court. The grant of certiorari in Oil States makes the Federal Circuit’s seeming inattention to Cascades Projection v. Epson even more curious, say Joseph Kovarik and Tyler Boschert of Sheridan Ross PC.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Post-Alice Blend Of Eligibility And Patentability

    Lewis Hudnell

    Although the U.S. Supreme Court’s decision in Alice set forth a two-part test for determining patent eligibility, both the Supreme Court and the Federal Circuit have drawn on other sections of the patent statute to determine eligibility. As a result, many patent-eligibility determinations have resembled patentability determinations, says Lewis Hudnell, founder of Hudnell Law Group PC.

  • How Many Bites At The Apple After A PTAB Challenge?

    Steven Pollinger

    A petitioner at the Patent Trial and Appeal Board always must be cognizant of whether its inter partes review petition will preclude additional validity challenges against the patent in question. Unfortunately for petitioners, they must chart out this high-stakes PTAB strategy in an unsettled legal landscape, say Steven Pollinger and Craig Tolliver of McKool Smith PC.

  • Canadian High Court's Troubling Google Decision

    Armen Nercessian

    The Canadian Supreme Court's recent decision in Google v. Equustek is the first time a national high court has mandated deindexing worldwide. It provides the courts of other nations a road map for how to justify binding online service providers to orders requiring worldwide censorship of materials on the internet, say Armen Nercessian and Guinevere Jobson of Fenwick & West LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • BPCIA Questions Continue To Arise For Biosimilar Applicants

    Christine Willgoos

    Whether and when an early notice of commercial marketing lifts the bar to declaratory judgment actions set forth in the Biologics Price Competition and Innovation Act is one of many issues likely to be litigated in the follow-up to the U.S. Supreme Court's decision in Sandoz v. Amgen, say attorneys with Kramer Levin Naftalis & Frankel LLP.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Keeping Boundaries On 'At Once Envisage' In Anticipation

    Tom Irving

    The law of anticipation is often recited in terms that are nearly the very definition of a bright-line rule. But the law of anticipation in genus/species situations may be less clear, say Tom Irving and Stacy Lewis of Finnegan Henderson Farabow Garrett & Dunner LLP.