Pharmaceutical firms like Pfizer Inc. are accustomed to having their patents for brand-name drugs challenged by generics makers at the Patent Trial and Appeal Board. But companies that make innovative new drugs may increasingly find challenges coming from another front: other brand companies.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. Here, check out all of our best coverage of the case.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.