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Intellectual Property

  • September 13, 2018

    Proposed Offshore IP Tax Rules To Treat Affiliates As Group

    The U.S. Department of the Treasury on Thursday issued proposed guidance indicating how the federal tax overhaul's global minimum tax on intangible income held offshore by U.S. corporations will work, including clarifying that affiliated companies will be treated as a consolidated group, but put off addressing foreign tax credit computations.

  • September 13, 2018

    Frontier Escapes $210M Patent Suit By 'Serial Litigant'

    An Eastern District of Texas judge on Wednesday tossed a $210 million patent suit against Frontier Communications Corp. brought by "serial litigant" Blue Spike, after Frontier accused the patent holder of suing the wrong entity and making more than 140 pages of boilerplate accusations.

  • September 13, 2018

    Trump Not In A Hurry To Broker Trade Peace With China

    President Donald Trump said Thursday that he is not rushing to hold new trade talks with Beijing as he signaled a willingness to forge ahead with his aggressive enforcement push that threatens to hit every product imported from China with hefty tariffs.

  • September 12, 2018

    Two Lidoderm Class Action Deals Worth $271M Get Final OK

    A California federal judge on Wednesday approved “excellent” settlements ending claims that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch, finalizing a $104.75 million deal with end payors and a $166 million deal with direct purchasers, including a combined $85.6 million in attorneys’ fees.

  • September 12, 2018

    Medline's Docs Not False, Judge Says In Catheter Design Row

    Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Bausch Health, Actavis Strike Deal Over Generic Xifaxan

    Bausch Health has agreed to settle all litigation with Teva-owned Actavis over the antibiotic drug Xifaxan, with the generics maker agreeing to hold off until 2028 to release a knockoff version of the gastrointestinal medication, the drug owner announced Wednesday.

  • September 12, 2018

    Mass. Justices Put Insurers On Hook For Shoe Co.'s TM Fight

    Ruling on an issue of first impression under state law, Massachusetts’ high court held Wednesday that two insurers must cover Vibram USA Inc.’s defense of a suit accusing it of unlawfully obtaining a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila, saying the underlying action alleged a potentially covered advertising injury.

  • September 12, 2018

    FisherBroyles Adds Cyber Risk Partner In Boston

    FisherBroyles LLP has added a former general counsel who has experience dealing with cybersecurity and privacy risks and working with a global supply chain company.

  • September 12, 2018

    Nutter McClennen Nabs 7 IP Pros From Sunstein Kann

    Nutter McClennen & Fish LLP has nabbed a team of seven intellectual property experts from Sunstein Kann Murphy & Timbers LLP, bolstering its depth in everything from patent prosecution to due diligence during corporate transactions.

  • September 12, 2018

    Insurer Hits Boeing With Trade Secrets Suit Over Guarantees

    Xavian Insurance Company hit Boeing and its subsidiary Boeing Capital Corp. with a trade secrets lawsuit in Illinois federal court on Tuesday, accusing them of copying plans for an insurance-backed guarantee on financing for the purchase of commercial aircraft and launching their own.

  • September 12, 2018

    Ericsson Says Suit Over SEP Royalties Must Be Arbitrated

    Ericsson Inc. told a Texas federal court Tuesday that claims by HTC America Inc. alleging overpayment for aging standard-essential patents are not legitimately antitrust and should be decided in arbitration rather than in court.

  • September 12, 2018

    Peloton Wants Flywheel's 'Copycat' Bike Shelved

    Peloton, which makes exercise bikes that run remote spin classes via built-in video, accused Flywheel Sports on Wednesday of infringing two patents behind its at-home workout “experience” by using information deceptively obtained from an investor to develop its own version. 

  • September 12, 2018

    Warner Bros. Drives Out Of Fight Over 'Batcycle' Profits

    An Arizona federal judge tossed a lawsuit Tuesday that claimed Warner Bros. Entertainment Inc. owes the “Batcycle” creators’ heir profits on merchandise featuring the bike, which was originally made for a 1960s “Batman” television show and movie.

  • September 12, 2018

    Conflict Should DQ Katten In IP Row, Valeant Tells Fed. Circ.

    Katten Muchin Rosenman LLP should be disqualified from three ongoing drug patent appeals, Valeant Pharmaceuticals International Inc. told a Federal Circuit panel Wednesday, arguing that when the firm hired two Alston & Bird LLP attorneys and picked up their work for Mylan Pharmaceuticals Inc., it created a fatal conflict.

  • September 12, 2018

    Lathrop Gage Grows LA Office With Ex-Glaser Weil IP Attys

    Lathrop Gage LLP is continuing its Los Angeles hiring spree, adding two partners from Glaser Weil LLP to its intellectual property litigation practice, the firm announced Wednesday.

  • September 12, 2018

    MyMail Computer Toolbar Patent Survives PTAB Challenge

    MyMail Ltd. beat a challenge to a patent related to computer toolbars at the Patent Trial and Appeal Board on Tuesday, a win that comes as MyMail seeks to overturn a court ruling that the patent is invalid under the U.S. Supreme Court’s Alice test.

  • September 12, 2018

    UpCounsel Faked Attorney Ratings, Updated Suit Claims

    An intellectual property firm has beefed up its claims against an online marketplace for attorney services, saying that the site’s referral fees are an illegal fee sharing arrangement, but also that the site misleads consumers with thousands of fake five-star reviews and other gimmicks designed to funnel business to attorneys using the site.

  • September 12, 2018

    ITC To Probe Whether Indian Cars Copy Fiat's Jeep Design

    The U.S. International Trade Commission said Tuesday that it launched an investigation into whether India-based Mahindra's imported cars rip off the design of Jeep-brand vehicles, disregarding claims from Mahindra that Fiat Chrysler Automobiles breached a contract by asserting the trademark claims before the agency.

  • September 12, 2018

    TVEyes Takes Fox News Copyright Fight To Supreme Court

    A company called TVEyes asked the U.S. Supreme Court on Wednesday to overturn a ruling that the media-monitoring service violated the law by offering a search engine of television clips, warning that it would allow networks like Fox News to “wield copyright law as a shield” against criticism.

Expert Analysis

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How Courts Approach Trade Secret Identification: Part 2

    Mark Klapow

    Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Using Ex Parte Seizures Abroad To Obtain IP Evidence

    Nicholas J. Boyle

    Practitioners should know how to use foreign search and seizure law to secure evidence of wrongdoing that can be introduced in U.S. intellectual property lawsuits. A recent copyright case, CoStar Group v. Xceligent, illustrates the benefits of invoking these ex parte provisions, say Nicholas J. Boyle and C. Bryan Wilson of Williams & Connolly LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Japan's Balanced Approach To SEP Licensing

    David Kappos

    The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.