Intellectual Property

  • March 16, 2017

    Warner Chilcott Wins Discovery In Loestrin Pay-For-Delay MDL

    A Rhode Island federal judge on Wednesday granted a discovery bid by Warner Chilcott PLC and others in multidistrict litigation over alleged pay-for-delay settlements for the contraceptive Loestrin, as they look to gather information from a group of pharmacy buyers to determine whether they were able to sell alternatives to Loestrin to patients.

  • March 16, 2017

    Contract Confusion Can't Sink Drug Patent Row, Judge Says

    A New Jersey federal judge on Wednesday declined to toss claims in a patent infringement lawsuit over the blood thinner Angiomax, ruling that it wasn’t clear if the plaintiff’s exclusive rights over the drug’s license survived the termination of the parties’ contracts.

  • March 16, 2017

    AstraZeneca, Zydus Reach Deal To End Nexium IP Suit

    AstraZeneca AB and Zydus Pharmaceuticals USA Inc., an American subsidiary of Indian drugmaker Zydus Cadila, have settled a New Jersey federal lawsuit alleging that Zydus' plans to manufacture generic versions of Nexium infringe AstraZeneca’s patents on the heartburn drug.

  • March 16, 2017

    Herman Miller, Office Star Duel Over Trade Dress Rulings

    Months after a California federal jury found that Office Star ripped off the overall look of furniture company Herman Miller Inc.’s famous Eames office chairs and awarded Herman Miller $8.4 million, Herman Miller said it wants an additional infringement ruling and Office Star argued that the Eames trade dresses are invalid.

  • March 15, 2017

    Dow Hits Teva, Actavis With Suit Over Generic Acne Med

    Dow Pharmaceutical Sciences Inc. and Valeant Pharmaceuticals slapped Actavis Laboratories UT Inc. with a patent infringement suit in New Jersey federal court Wednesday over Actavis’ abbreviated new drug application to market a generic form of Valeant anti-acne gel Onexton.

  • March 15, 2017

    Versata Patent Targeted By Ford Ineligible For CBM Review

    The Patent Trial and Appeal Board declined Wednesday to institute an America Invents Act covered business method review of a Versata Development Group Inc. software patent that was challenged by Ford Motor Co., finding the patent was not eligible for the review program.

  • March 15, 2017

    9th Circ. Sends Pre-1972 Song Fight To Calif. High Court

    The Ninth Circuit on Wednesday asked California’s highest court to weigh in on whether radio services like Pandora Media Inc. must pay millions in new royalties to stream songs recorded before 1972.

  • March 15, 2017

    Fed. Circ. Affirms Credit Report Patent Invalid Under Alice

    The Federal Circuit on Wednesday affirmed a lower court's ruling that a FormFree Holdings Corp. patent on technology for providing credit reports is invalid for claiming only abstract ideas, going so far as to call the patent "the height of abstraction."

  • March 15, 2017

    Kirkland, Quinn Attys Join New Firm Pierce Sergenian

    The two-month-old litigation law firm Pierce Sergenian LLP has hired a Kirkland & Ellis partner and Quinn Emanuel counsel to join its fast-growing team of high-stakes trial lawyers practicing out of its Los Angeles office, the firm said.

  • March 15, 2017

    MasterCard Drops $5M Nike Cyber Talent-Poaching Suit

    A New York federal judge has signed off on MasterCard International Inc.’s voluntary dismissal of a $5 million talent-poaching suit against Nike Inc. that accused the sportswear company of luring top cybersecurity talent away from MasterCard in violation of noncompetition agreements.

  • March 15, 2017

    Full Fed. Circ. Urged To Look At AIA Review Constitutionality

    The owner of an LCD technology patent invalidated by Sony and Epson at the Patent Trial and Appeal Board doubled down Wednesday on its efforts to get the full Federal Circuit to review whether America Invents Act reviews are constitutional, saying confusion surrounding prior rulings must be remedied.

  • March 15, 2017

    There's More On USTR's Plate Than New Tariffs And NAFTA

    Most of the Trump administration's trade policy has focused on overhauling the North American Free Trade Agreement and imposing punitive tariffs, but Tuesday's hearing to consider a new U.S. trade representative brought to light the litany of other trade issues facing the White House.

  • March 15, 2017

    Sonos Audio Patents Pass Alice Test, Judge Says

    Audio equipment manufacturer D&M Holdings Inc. has lost a challenge to four Sonos Inc. patents that it has been accused of infringing, after a Delaware federal judge ruled that the patents are not invalid under the U.S. Supreme Court’s Alice decision.

  • March 15, 2017

    'Presumption Of Validity' Barred From Cialis Patent Trial

    A federal judge in Texas has barred the phrase “presumption of validity” from an upcoming patent infringement trial over Eli Lilly and Co.’s erectile dysfunction drug Cialis, saying the wording could trip up the jury.

  • March 15, 2017

    Aykroyd's Skull Vodka Co. Tells Jury Rival Made Knockoffs

    The maker of actor Dan Aykroyd's Crystal Head Vodka told a California federal jury during Wednesday's opening statements in the trade dress infringement case that a rival spirits company is selling tequila in a “cheap knockoff” of its distinctive skull-shaped bottle.

  • March 15, 2017

    La-Z-Boy Blasts '11th-Hour' Rulings In IP Retrial Bid

    La-Z-Boy Inc. urged a Florida federal judge on Tuesday to grant it a new trial after being hit with a $6 million verdict for failing to pay an automated footrest inventor royalties for using its patented technology, saying the court's "11th-hour decision" to invalidate five of its defense arguments deprived it of its Seventh Amendment rights.

  • March 15, 2017

    Fed. Circ. Affirms Alice Win For Pixar, Others On Image IP

    The Federal Circuit on Wednesday affirmed a California federal court’s ruling that a patent covering a method for deriving a pixel color in a graphic image that was asserted against Pixar and others is invalid as abstract under the U.S. Supreme Court’s Alice ruling.

  • March 15, 2017

    AB InBev Sued Over 'Spuds MacKenzie' Super Bowl Ad

    Anheuser-Busch was nipped by a trademark lawsuit Wednesday over its Super Bowl ad reviving long-dormant canine mascot Spuds MacKenzie — a case filed by an "entrepreneur" who claims he took ownership of the rights to the character after the beer giant abandoned them.

  • March 15, 2017

    Ford Settles Patent Suit Over LED Headlight Technology

    Ford Motor Co. has settled a suit brought by Jakuta Diodes LLC, a manufacturer of light-emitting diode products, alleging Ford infringed one of Jakuta’s patents related to LED directional control technology in the headlights of certain vehicles, according to a Tuesday filing in Texas federal court.

  • March 15, 2017

    Experts Want Coordination Of Competition, Trade Policies

    A group of experts commissioned by the U.S. Chamber of Commerce released a report Tuesday calling for more coordination of competition and international trade policies to prevent other countries from using antitrust enforcement actions inappropriately.

Expert Analysis

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • To CDO Or Not To CDO: Commissioners At ITC Are Split

    Benjamin Levi

    Under current U.S. International Trade Commission precedent, a complainant is generally required to show the presence of commercially significant levels of domestic inventory to obtain a cease-and-desist order. However, recent ITC decisions have revealed differing commissioner viewpoints regarding whether, and the circumstances under which, a CDO should issue, says Benjamin Levi of McKool Smith PC.

  • A Proposed Rule For En Banc PTAB Review

    Bob Steinberg

    The nonreviewability of Patent Trial and Appeal Board institution decisions creates problems for the PTAB, the parties and the public. An en banc review procedure would go a long way toward solving those problems, say attorneys with Latham & Watkins LLP.

  • Challenging Emoluments Clause Violations As A Conspiracy

    Randall Eliason

    I’m not confident that trying to hold the Trump Organization liable for President Donald Trump’s own constitutional violations will work. But there might be other legal theories under which a state attorney general could argue that Trump-owned companies act unlawfully when they receive emoluments. Consider a core white collar criminal statute — conspiracy to defraud the U.S., says Randall Eliason, a former federal prosecutor.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • A Proposal For Fed. Circ. On Use Of Rule 36

    Stefan Szpajda

    Rule 36 plays an important role in allowing the Federal Circuit to manage its docket, but it has costly downstream effects, giving nonpracticing entities and other serial plaintiffs multiple bites at the apple. Two alternatives to Rule 36 would better serve the interests of judicial economy, say Stefan Szpajda and Charlene Morrow of Fenwick & West LLP.

  • Bottle Caps And The Power Of IPR Secondary Considerations

    Reid Dodge

    The Patent Trial and Appeal Board's recent inter partes review decision in World Bottling v. Crown demonstrates that secondary considerations have the potential to alter the evidentiary landscape and recast factors favoring invalidity into proof of patentability, say Reid Dodge and Richard Marsh of Faegre Baker Daniels LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.