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Intellectual Property

  • November 30, 2018

    Medtronic Owes Ind. Surgeon $112M In Royalties, Jury Finds

    An Indiana jury has found Medtronic PLC owes an Indianapolis spine surgeon $112 million for failing to pay him royalties on his spinal implant patents that he had assigned to the medical device company more than a decade ago, according to Medtronic's public filings.

  • November 30, 2018

    Checking In On SAS Institute 6 Months Later

    Six months after the U.S. Supreme Court put an end to the Patent Trial and Appeal Board’s ability to pick what claims it examines in America Invents Act reviews, the dust has begun to settle, providing a picture of what life looks like after SAS Institute.

  • November 30, 2018

    Fed. Circ. Won't Shield Atty Emails For Thermo Fisher Unit

    The Federal Circuit on Thursday refused to protect a subsidiary of Thermo Fisher Scientific Inc. from a discovery order in ongoing patent infringement litigation brought by medical supplier Becton Dickinson & Co., forcing the biotech company to hand over emails between its in-house counsel and employees that were shared with a third-party company.

  • November 30, 2018

    FTC, Qualcomm Look To Exclude Evidence From Trial

    The Federal Trade Commission and Qualcomm each have asked a California federal judge to exclude several pieces of evidence from the trial scheduled for January in the agency’s challenge of the chipmaker’s licensing practices for its cellular technology.

  • November 30, 2018

    Split Fed. Circ. Affirms Time Warner's $140M IP Loss To Sprint

    A split Federal Circuit has upheld a Kansas jury's $140 million verdict that found Time Warner Cable's internet voice service infringed five of Sprint's patents, while a judge said in a dissent that the case involves a "remarkable mismatch between the narrow patent disclosures and the exceedingly broad claims."

  • November 30, 2018

    Google Urges Full Fed. Circ. To Review 'Dangerous' IP Ruling

    Google has urged the full Federal Circuit to reconsider an earlier decision undoing an Alice win for the tech giant over three spreadsheet patents owned by a unit of patent licensing company Acacia Research, arguing that the “dangerous” ruling allows future litigants to claim that electronic versions of familiar ideas are patentable when they are not.

  • November 30, 2018

    MVP: Quinn Emanuel's Charles K. Verhoeven

    Charles K. Verhoeven, the co-chair of Quinn Emanuel Urquhart & Sullivan LLP’s national intellectual property litigation practice, headed the team representing Google’s Waymo in a high-profile case against Uber over self-driving car technology, landing him a spot as one of Law360’s 2018 Intellectual Property MVPs.

  • November 30, 2018

    IP Hires: Glaser Weil, Neal Gerber, Saul Ewing

    In this week’s round of intellectual property attorney moves, Glaser Weil takes on a veteran litigator fresh off of a Ninth Circuit win against CBS, Neal Gerber hires a partner with 10 years of experience for its Chicago office, and Saul Ewing nabs a pair of patent attorneys with more than 50 years of combined experience. Here are the details on these and other notable IP hires.

  • November 30, 2018

    Dickinson Wright Nabs 6 IP Attys In Florida, Calif., DC

    Dickinson Wright PLLC has beefed up its intellectual property practice with a group of five attorneys from Mayback & Hoffman PA, along with a former Scotts Miracle-Gro Co. trademark attorney, the firm announced.

  • November 29, 2018

    Fed. Circ. Upholds PTAB Ax Of Claims In Pipe Sealing Patent

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's determination that the asserted claims of a patent covering methods for joining and sealing pipe ends together are invalid as either obvious or anticipated.

  • November 29, 2018

    LL Cool J Sues Concert Promoter Over Use Of 'Rock The Bells'

    LL Cool J slapped a California concert promoter with a federal trademark infringement suit Tuesday, accusing the entertainment company of using the name of one of the hip hop mogul’s most famous songs without his permission.

  • November 29, 2018

    JPML Skeptical Of Combining Graphic Arts Patent Suits

    The Judicial Panel on Multidistrict Litigation questioned the need to create an MDL for three patent cases over graphic arts technology on Thursday, with one judge saying the lawsuits appeared “manageable” on their own.

  • November 29, 2018

    Pfizer Loses PTAB Challenge To Antibody Drug Patents

    The Patent Trial and Appeal Board on Wednesday upheld a Hoffman-La Roche Ltd. unit’s patents for purifying antibodies used in medicine, rejecting contentions by Pfizer Inc. that the patents were invalid as anticipated or obvious over prior art.

  • November 29, 2018

    7th Circ. Avoids DFS Legality, Ends Publicity Rights Suit

    The Seventh Circuit declined Thursday to determine whether daily fantasy sports violated Indiana criminal law, putting an end to a proposed class action of college athletes seeking to stop DraftKings and FanDuel from using their names, likenesses and statistics without permission.

  • November 29, 2018

    G-20 Summit Unlikely To Halt Trump's China Crusade

    President Donald Trump and Chinese President Xi Jinping are slated for a closely watched meeting at this week’s G-20 summit after a monthslong brawl that has imposed hefty tariffs on one another’s goods, but the prospects for an immediate halting of the conflict are looking slim.

  • November 29, 2018

    Glaser Weil Gains New IP Partner From McKool Smith

    Glaser Weil Fink Howard Avchen & Shapiro LLP in the Los Angeles area has taken on a new partner, a veteran litigator and principal from McKool Smith Hennigan PC whose recent Ninth Circuit win against CBS bolstered his transition to chairman of Glaser Weil's intellectual property department.

  • November 29, 2018

    PTAB Upholds Patent For Akorn Glaucoma Drug Zioptan

    The Patent Trial and Appeal Board has upheld a patent covering Akorn Inc.’s glaucoma medication Zioptan, following an inter partes review in which the board pressed forward despite the challenger backing out.

  • November 29, 2018

    Tenn. Correct To Fold Patent Dispute Over Tables: Fed. Circ.

    The Federal Circuit on Thursday affirmed a Tennessee federal court's dismissal of an infringement suit over patents covering folding tables, agreeing that the China-based owner of the patents lacks sufficient contact with the state for the case to proceed.

  • November 29, 2018

    Full Fed. Circ. Urged To Revive $506M Award In Apple IP Row

    The Wisconsin Alumni Research Foundation has urged the full Federal Circuit to reconsider an earlier ruling that flipped a $506 million award against Apple over a computer processor patent, arguing that the panel erred in adopting Apple's construction of a claim term when a lower court had found that the iPhone maker had waived its chance to make that argument.

  • November 29, 2018

    Walmart Clothing Supplier Denied Coverage For TM Feud

    A California federal judge on Wednesday held that a Walmart clothing supplier isn’t entitled to coverage from a Chubb Ltd. insurer for the sums it spent defending and settling a lawsuit accusing the retail giant of infringing a mixed martial arts apparel company’s trademarks, on the grounds that the underlying action didn’t allege a covered advertising injury.

Expert Analysis

  • ITC Lowers The Bar For Section 337 Domestic Industry

    Paul Goulet

    In a recent U.S. International Trade Commission investigation, complainant BiTMICRO was able to rely upon its research and development investments to satisfy the domestic industry requirement without meeting the higher legal threshold usually required for R&D, say Paul Goulet and Cyrus Frelinghuysen of Winston & Strawn LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Patent Dance Developments: A Tale Of 2 Antibodies

    Ted Mathias

    For abbreviated biologic license applicants that elect to engage in the patent dance process, recent federal litigation for the antibodies trastuzumab and adalimumab in California and Delaware points to different approaches that parties can take, say attorneys at Axinn Veltrop & Harkrider LLP.

  • FRAND And Antitrust: Misconceptions Vs. Reality

    Thomas Cotter

    If you read about the role of antitrust law in regulating the conduct of standard-essential patent owners, you may find yourself a bit confused over exactly what that role is. The current state of the law is more nuanced than recent discussions suggest, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Cooperation In The US-China Race For AI Domination

    Rodger Sadler

    The U.S. and China are leading the charge on artificial intelligence. But if both try to double-lock their doors when it comes to developing and owning the technology, they run the risk of locking into mediocrity, say Rodger Sadler of Cote Capital and Chuan Shen of China's Intellectual Property Publishing House.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 1st Circ. Weighs In On Uninjured Class Members Issue

    Alden Atkins

    In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.

  • Trademark Confusion And The Confusing Eveready Survey

    Rebecca Kirk Fair

    While deciding to admit a Squirt survey in the trademark dispute Hypnotic Hats v. Wintermantel​, a New York federal court also dismissed the potential use of an Eveready​ ​survey because the senior mark is not "top of mind." This assertion, ​presented as if it were a settled matter, is in reality somewhat contentious, say members of Analysis Group Inc.

  • The Changing Supreme Court Could Change IP Law

    William Atkins

    Only a small minority of the U.S. Supreme Court has been concerned with the “administrative threat” in intellectual property law, but that may grow with the addition of Justices Neil Gorsuch and Brett Kavanaugh, say ​​​​​​​William Atkins and Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.