Intellectual Property

  • July 14, 2017

    Womble Carlyle Boosts IP Group With Ex-Alston & Bird Atty

    Business law firm Womble Carlyle Sandridge & Rice LLP announced that it has strengthened its patent and intellectual property practice groups in its Charlotte, North Carolina, office with the addition of a veteran IP attorney who was previously a partner at Alston & Bird LLP.

  • July 14, 2017

    PTAB Nixes Patent Claims UPenn Said Erbitux Infringed

    The Patent Trial and Appeal Board invalidated claims in a University of Pennsylvania patent on a tumor treatment Thursday, handing a win to Eli Lilly Co., which faced allegations that its cancer drug Erbitux infringed the patent.

  • July 14, 2017

    IP Hires: Morgan Lewis, Munck Wilson, Armstrong Teasdale

    In this week's intellectual property partners on the move, Morgan Lewis & Bockius LLP snags Eckert Seamans Cherin & Mellott LLC's former product liability group co-chair, Munck Wilson Mandala LLP acquires the boutique IP firm Howison & Arnott LLP, and Armstrong Teasdale LLP hires a patent specialist with expertise in mechanical engineering. Here, we offer details on these attorneys who have landed new jobs.

  • July 13, 2017

    Quincy Jones’ Auditor Pressed On $30M Royalty Claim Timing

    An attorney defending Michael Jackson’s production company from Quincy Jones’ $30 million royalty suit cross-examined Jones’ auditor on Wednesday, questioning why the mega-producer had gone after certain revenue streams only after the pop star’s death.

  • July 13, 2017

    Lilly Settles Cialis Generic Patent Suit, Cuts Exclusivity

    Eli Lilly and Company reached a settlement in Virginia federal court with generic drug companies accused of infringing its unit-dose patent for its sexual dysfunction treatment Cialis, maintaining its market exclusivity until at least next fall, the company announced Wednesday.

  • July 13, 2017

    Patent System In ‘Crisis Mode,’ Ex-Fed. Circ. Chief Says

    The former chief judge of the Federal Circuit told a House committee Thursday that the U.S. patent system is in “crisis mode,” with America Invents Act reviews and U.S. Supreme Court decisions like Alice creating uncertainty that is undermining the value of patents.

  • July 13, 2017

    'Jury's Still Out' On CRISPR Patent Licensing Pool

    The owners of key CRISPR patents have joined discussions to create a worldwide patent licensing pool, an important step in efforts to make the powerful gene-editing technology more widely available, although experts say "the jury's still out" about whether such a pool will be viable.

  • July 13, 2017

    Uniloc Keeps Up EDTX Patent Barrage Against Apple

    Unabated by the U.S. Supreme Court’s TC Heartland ruling on patent venue, nonpracticing entity Uniloc USA Inc. filed two additional patent infringement actions against Apple Inc. in the Eastern District of Texas on Wednesday, accusing the tech giant of copying its intellectual property with nearly all of its products.

  • July 13, 2017

    $121K In Atty Fees Sought In Facebook Birth Copyright Case

    Media companies including ABC and NBC requested $121,000 in attorneys’ fees Wednesday after a New York federal judge found they deserved a fee award for having to defend against frivolous copyright lawsuits over their use of a man's publicly available Facebook video of his son's birth.

  • July 13, 2017

    Oracle, Rimini Spar Over $88M IP Judgment At 9th Circ.

    Software giant Oracle USA Inc. and software support service Rimini Street Inc. fought before a Ninth Circuit panel Thursday over whether Rimini’s $88 million copyright loss to Oracle should be overturned, with Rimini arguing that the lower court erred, because its clients had paid millions to license Oracle's software.

  • July 13, 2017

    Carbonite Transfer Bid Doomed By Alice Motion In IP Row

    A Texas Eastern District judge has recommended that cloud backup company Carbonite’s bid to transfer an infringement suit brought against it by Realtime Data be denied, saying Carbonite lost its right to challenge the venue under the high court’s TC Heartland decision by trying to invalidate the patent under Alice.

  • July 13, 2017

    FanDuel Slams CG Technology For Trying To Force Settlement

    FanDuel on Thursday told a Nevada federal court that the gambling technology companies pursuing patent litigation against the daily fantasy sports operator and others are attempting to force a settlement by driving up legal costs through unnecessary document requests.

  • July 13, 2017

    Patents Wrongly Narrowed In Microsoft Row, Fed. Circ. Told

    A Minnesota software company that has accused Microsoft of infringing its data-mining patents told a Federal Circuit panel Thursday that the trial court improperly narrowed the scope of its patents.

  • July 13, 2017

    Armstrong Teasdale Adds Patent Specialist In St. Louis

    Armstrong Teasdale LLP has added a technical specialist to its St. Louis intellectual property team to bolster its patent preparation and prosecution in the fields of electrical and mechanical engineering, the firm has announced.

  • July 12, 2017

    Judge Scolds ‘Snickering’ Attys In $30M Quincy Jones Trial

    A California judge on Wednesday interrupted the trial over music producer Quincy Jones’ claims that Michael Jackson’s production company wrongfully withheld $30 million in royalties, sending jurors out to admonish defense attorneys for “snickering, huddling and laughing” while Jones’ music expert testified.

  • July 12, 2017

    Dr. Reddy's Infringed Horizon's Vimovo Patent, Judge Says

    A New Jersey federal judge ruled Monday that Dr. Reddy’s Laboratories Ltd. and Mylan Pharmaceuticals Inc. are infringing on a patent held by Horizon Pharma for its arthritis medication Vimovo, according to a ruling unsealed Wednesday.

  • July 12, 2017

    Fed. Circ. Backs Patent Wins For Apple, Samsung, Google

    The Federal Circuit on Wednesday upheld jury verdicts in the Eastern District of Texas that Apple, Samsung and Google did not infringe digital rights management patents in cases where patent owner ContentGuard Holdings Inc. was seeking a combined total of nearly $1.4 billion.

  • July 12, 2017

    Web Translation Patent Invalid, Fed. Circ. Affirms

    The Federal Circuit on Wednesday ruled that a TransPerfect Global Inc. patent on technology for translating the language of a website was invalid because it lacked an adequate written description, affirming a Patent Trial and Appeal Board decision.

  • July 12, 2017

    3rd Circ. Revives Kidney Disease Treatment Royalties Suit

    The Third Circuit on Tuesday reversed a Delaware federal court's ruling ending a patent licensing lawsuit brought by Washington University in St. Louis against a Wisconsin nonprofit for 10 years of insufficient royalty payments tied to a kidney disease treatment, finding that an exception to Wisconsin’s six-year time limit might actually apply.

  • July 12, 2017

    9th Circ. Judge Rips PETA’s 'Monkey Selfie' Appeal

    A Ninth Circuit judge pressed the People for the Ethical Treatment of Animals on Wednesday on how an ape has been harmed by the alleged copyright infringement of a famed "monkey selfie,” saying repeatedly during a hearing the group can’t claim the ape was "injured by the simple infringement of the Copyright Act itself."

Expert Analysis

  • When Trade Secrets Cases Go Criminal: Part 2

    Joshua Robbins

    While the California federal judge's criminal referral in the trade secrets lawsuit between Uber and Waymo may not be typical, it provides important lessons about the criminal issues that lawyers should understand when litigating civil trade secrets cases, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • What TC Heartland Could Mean For MDL Panel Patent Cases

    Timothy Sendek

    In 2016, intellectual property cases accounted for less than 5 percent of those pending before the Judicial Panel on Multidistrict Litigation. But the U.S. Supreme Court's TC Heartland decision may spark a significant uptick, says Timothy Sendek of Lathrop Gage.

  • When Trade Secrets Cases Go Criminal: Part 1

    Joshua Robbins

    A fairly routine civil trade secrets lawsuit between Uber and Waymo recently took a more dramatic turn, with a criminal referral from the presiding judge. Grand juries, federal agents and indictments are not standard fare for the lawyers who typically handle trade secrets disputes. But they may become more familiar in the years to come, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

  • Patent Exhaustion Ruling Will Affect Many Industries

    Mark Baghdassarian

    The U.S. Supreme Court’s recent expansion of the patent exhaustion doctrine in Impression Products v. Lexmark raises potentially far-reaching implications that may range from lower prices for consumer products and lower profitability for companies, to higher prices for consumer products and higher profitability for companies, say Mark Baghdassarian and Friedrich Laub of Kramer Levin Naftalis & Frankel LLP.

  • What You Need To Do Before Obtaining IP Litigation Financing

    Ashley Keller

    Given increased demand for litigation finance in the intellectual property space, it’s more crucial than ever for patent owners to understand the process for securing funding, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.