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Intellectual Property

  • June 7, 2018

    Blocking Patent Focus Of Acorda’s Fed. Circ. MS Drug Appeal

    Acorda urged a Federal Circuit panel Thursday to revive four patents covering its flagship product, the multiple sclerosis drug Ampyra, in oral arguments focusing heavily on whether a “blocking patent” held by another company was sufficient to deem Acorda's patents invalid due to obviousness.

  • June 7, 2018

    FTC Says Patent Infringement Suits Are Not Antitrust Proof

    Takeda Pharmaceutical Co. Ltd. can't dodge antitrust counterclaims from generic drugmaker Zydus Pharmaceuticals (USA) Inc. simply by arguing that it is allowed to sue generics companies for patent infringement when they seek approval to copy branded products, the Federal Trade Commission told a New Jersey federal judge in a proposed amicus brief on Wednesday.

  • June 7, 2018

    State Univ. Rips PTAB’s ‘Affront’ To Sovereignty At Fed. Circ.

    The University of Minnesota has kicked off a closely watched Federal Circuit appeal aimed at insulating several of its patents from Patent Trial and Appeal Board review, saying the PTAB’s ruling that it waived immunity protections was an “affront” to state sovereignty.

  • June 7, 2018

    Biogen, Drugmaker Settle Angiomax Patent Royalties Row

    Biogen Inc. has settled a licensing dispute in a New Jersey federal court with a pharmaceutical company over whether the global biotech giant could keep collecting royalties on sales of the blood thinner Angiomax after the patent had expired.

  • June 7, 2018

    Diamond Resorts Suit Against Law Firm Will Remain In Fla.

    Timeshare giant Diamond Resorts' lawsuit against law firm US Consumer Attorneys PA will remain in Florida after a federal judge entered an order Thursday finding a forum selection clause in a previous settlement agreement they signed does not cover the situation in this case.

  • June 7, 2018

    ITC To Probe Infringement Claims Over Garage Doors, Gates

    The U.S. International Trade Commission said Wednesday that it will launch an investigation into whether certain garage door and gate components imported by Nortek Inc. and its affiliates infringe patents held by The Chamberlain Group Inc. in violation of the Tariff Act.

  • June 7, 2018

    German 'Glen' Whisky Might Evoke Scotch, EU Court Rules

    The European Union's highest court ruled Thursday that a German whisky called Glen Buchenbach might infringe Scotland's protected name rights to Scotch whisky, even though the bottle says it's made in Germany.

  • June 7, 2018

    Qualcomm Took Too Long To Try To Move Patent Case

    Qualcomm Inc. and GlobalFoundries Inc. must face infringement allegations over a patent related to semiconductor technology in the Eastern District of Texas, U.S. District Judge Rodney Gilstrap ruled Wednesday, agreeing with a magistrate judge's finding that the companies waited too long to ask for the case to be moved to another court.

  • June 7, 2018

    LG Hit With Patent Suit Over Smart TV Technology

    An electronics company accused LG in New Jersey federal court Wednesday of infringing its smart television patents that cover technology allowing TVs to display both videos and internet content on the screen at once.

  • June 6, 2018

    Paramount, Comic Artists Part Ways In Iron Man IP Row

    Paramount Pictures Corp. on Wednesday was freed from a New York copyright infringement suit alleging it, together with Disney’s Marvel Entertainment unit and other companies involved in the making of the Avengers films, copied other artists' design in creating the armor for Iron Man.

  • June 6, 2018

    Ubiquiti Faces New RICO Allegations In Synopsys IP Row

    Ubiquiti will face new Racketeer Influenced and Corrupt Organizations Act allegations in Synopsys’ suit alleging the networking company didn’t pay to use its design software, after a California federal judge ruled from the bench on Wednesday that there was sufficient evidence Ubiquiti may have willfully ignored its employees’ misconduct.

  • June 6, 2018

    Licensing Agent Sues Va. Children's Theater Over Musicals

    The theatrical licensing agent for Disney and DreamWorks has sued a Virginia children’s theater school that has performed at Carnegie Hall and the White House Tree Lighting, alleging that it put on licensed works without coughing up the royalties.

  • June 6, 2018

    5 Recent PTAB Decisions Attys Need To Know

    Already this year, the Patent Trial and Appeal Board has staked out its position on tribal sovereign immunity and provided guidance on the requirements for amending patent claims. Here’s a look at five recent PTAB decisions attorneys need to know about.

  • June 6, 2018

    Dr. Dre, Beats Owe $107M In Headphone Royalties, Jury Told

    Counsel for a man claiming he originated the design behind Beats headphones told a California jury during Wednesday opening statements that Beats Electronics LLC owes him $107 million in royalties, while Beats and founders Dr. Dre and Jimmy Iovine painted the man as a fantasist who was only owed royalties on Beats’ first model.

  • June 6, 2018

    Nikon Loses PTAB Challenges To Digital Camera Patents

    The Patent Trial and Appeal Board denied Nikon Corp.’s bid for review of two camera patents owned by ASML Netherlands BV and Carl Zeiss AG, finding that some of its challenges don't belong in inter partes review and that it hadn't shown it could prevail on claims the invention was obvious in light of earlier technology.

  • June 6, 2018

    Umberg Zipser Adds Partner, Associate To IP Group

    California-based boutique firm Umberg Zipser LLP boosted its intellectual property practice group recently with the hire of a partner with 23 years of experience in complex IP litigation, as well as an associate who focuses on patent and trademark prosecution.

  • June 6, 2018

    2nd Circ. Revives Copyright Suit Over Timberlake Sample

    The Second Circuit on Wednesday revived a copyright suit brought by the writers of a 1970s song that was sampled in a Justin Timberlake hit, finding the district court erred when it concluded the songwriters had given up their rights years ago and that the claims had been filed too late.

  • June 6, 2018

    Reseller Not Enough To Keep Medical Device IP Row In Texas

    A Federal Circuit judge, sitting by designation in the Eastern District of Texas, has granted a medical device company’s bid to transfer a patent suit brought by a Nevada-based competitor over needle shields to the Southern District of New York, finding that a distributor within the Texas district was insufficient to establish venue.

  • June 6, 2018

    HP Wants Oracle Sanctioned For Deleting Docs In IP Row

    Hewlett Packard urged a California federal judge Tuesday to sanction Oracle for spoiling documents in the latter's copyright suit against the tech giant, arguing that Oracle co-CEO Mark Hurd intentionally deleted hundreds of documents relevant to the litigation.

  • June 6, 2018

    Applebee's Tees Up Litigation With Bankrupt Franchisee

    The parent company of Applebee’s Neighborhood Bar and Grill told a Delaware bankruptcy judge Wednesday that it was ready to move forward with an adversary complaint against one of its largest franchisees and it would not oppose the intervention in the case of creditors.

Expert Analysis

  • Make Sure To Own The Architectural Plans That You Paid For

    Stacy Bercun

    Standard form architect agreements provide significant protections to architects and their firms, which may result in an architect having too much control over an owner's construction project. Owners should negotiate to obtain a transfer of those rights, say attorneys with Akerman LLP.

  • Smarter, Faster, Stronger: A New Suite Of VC Model Docs

    Samuel Waxman

    For the first time in four years, the National Venture Capital Association recently updated its model legal documents. The latest drafts not only reflect the necessity for quick transactions and bespoke solutions to unique problems facing venture capital investors, but they anticipate needs that will arise in this ever-evolving industry, say attorneys with Paul Hastings LLP.

  • A Cautiously Optimistic Diagnosis For Patent Eligibility

    Ewa Davison

    For companies in the life sciences industry, the scope of patent eligibility continued its apparently inexorable contraction in 2017. But in the first months of 2018, the Federal Circuit has exhibited a more generous approach to both steps one and two of the patent eligibility analysis, say Ewa Davison and David Tellekson of Fenwick & West LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • SAS Indirectly Strengthens The Impact Of Estoppel

    Scott Hejny

    While not obvious at first glance, the U.S. Supreme Court's decision in SAS Institute v. Iancu benefits patent owners, with favorable implications for estoppel. It may even resolve a split concerning the scope of estoppel, say Scott Hejny and Chelsea Priest of McKool Smith PC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 3

    Michele Alexander

    In this third installment of their series on how the tax overhaul impacts U.S. media companies, Bracewell LLP attorneys Michele Alexander and Ryan Davis look at how the international and domestic provisions intended to bring tax dollars home have affected media companies' decisions regarding foreign versus domestic production.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Some Fed. Circ. Guidance On Patent Pleading Standard

    Stephanie Scruggs

    The Federal Circuit's decision in Disc Disease v. VGH may help to further inform patent owners as to what a sufficiently pled complaint should contain to survive a motion to dismiss under Rule 12(b)(6) for “simple” technologies, say Stephanie Scruggs and Jessica Zurlo of Bradley Arant Boult Cummings LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Don’t Let Inter Partes Reviews Ruin Your Trial

    Jeremy Taylor

    Current statistics reveal that inter partes review petitions are now more likely to fail than succeed, and the failure rate is continuing to climb. Accused infringers must approach IPR proceedings with an eye toward a jury trial that is more and more likely to occur, say Jeremy Taylor and Wayne Stacy of Baker Botts LLP.