Intellectual Property

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Here’s What The Next Congress Might Do On Patents

By Ryan Davis

In the wake of the midterm elections, attorneys expect patent legislation to remain a fairly low priority in the next Congress, with bills aimed at strengthening patents facing uncertain prospects of passage and legislators long focused on intellectual property leaving office.
October 25, 2018
Iancu Unveils Plan To Ease Patent Amendments At PTAB

Declaring it to be "a new day" at the Patent Trial and Appeal Board, U.S. Patent and Trademark Office Director Andrei Iancu said Thursday that the office will soon propose new rules aimed at making it easier to amend patents in America Invents Act reviews.
October 25, 2018
USPTO Can't Pause Patent Fee Row To Mull High Court Bid

A federal judge is refusing a request from the U.S. Patent and Trademark Office to stay a patent case, saying he won’t hit pause while the government mulls a trip to the U.S. Supreme Court in defense of the agency’s controversial policy on attorneys’ fees.
October 25, 2018
PTAB Nixes Part Of Garage Door Opener Patent Upheld By ITC

The Patent Trial and Appeal Board invalidated part of a Chamberlain Group Inc. patent covering a garage door opener on Wednesday, months after the U.S. International Trade Commission found the maker of Ryobi garage door openers infringed and the commission ordered an import ban.
October 25, 2018
PTAB Applies AIA On-Sale Bar, Nixes Aircraft Potty Patent

The Patent Trial and Appeal Board has invalidated claims of two B/E Aerospace patents covering compact design for aircraft quarters such as lavatories, finding that B/E's sale of its lavatory structure to Boeing, Delta and United Airlines triggered the on-sale bar of one of the patents under the America Invents Act.
October 25, 2018
Phone Buyers Tell 9th Circ. To Reject Qualcomm Cert. Appeal

A group of cellphone buyers is urging the Ninth Circuit to reject Qualcomm's appeal of class certification of roughly 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, arguing that the company may only challenge certification after the suit runs its course.
October 25, 2018
USPTO Plans To Simplify, Speed Up Patent Examinations

The U.S. Patent and Trademark Office said Thursday it will begin rolling out an initiative next week to simplify and speed up the patent examination process by automatically importing some information submitted by patent applicants into their related applications.
October 25, 2018
Pizza Puff Rip-Off Leads To $220K Verdict

Chicago restaurant supplier El-Greg Inc. owes competitor Illinois Tamale Co. $220,000 after an Illinois federal court jury found Thursday that it had infringed Illinois Tamale’s trademark on Pizza Puffs by selling a similar product.
October 25, 2018
Exforge Generic Deal Is Clear Antitrust Violation, Court Told

A proposed class of drug buyers told a New York federal court Wednesday that an agreement between Novartis Pharmaceuticals Corp. and Par Pharmaceutical Inc. that allegedly delayed the launch of a generic version of hypertension medication Exforge is illegal on its face and doesn’t need a closer look.
October 25, 2018
Full Fed. Circ. Urged To Rehear 'Blocking Patents' Ruling

Acorda Therapeutics Inc. urged the full Federal Circuit on Wednesday to reconsider an earlier ruling invalidating several patents covering its flagship multiple sclerosis drug Ampyra, arguing that the decision “radically expands” the so-called blocking patent doctrine and may hinder pharmaceutical innovation.
October 25, 2018
Dish Wins $90M In SetTV Set-Top Box Subscription Scheme

A Florida federal judge on Wednesday awarded $90.1 million in damages to Dish Network LLC in a Federal Communications Act suit over a scheme by SetTV to stream unauthorized Dish content to subscribers who purchased SetTV set-top boxes.
October 25, 2018
TVEyes Case Isn't About Criticism, Fox News Tells High Court

Fox News urged the U.S. Supreme Court on Wednesday to pass on a closely watched copyright case about a television search engine called TVEyes, accusing the startup of trying to “clothe itself in the mantle of media criticism.”
October 24, 2018
PTAB Taking Note Of Parallel Litigation In Review Decisions

With an eye toward fairness, the Patent Trial and Appeal Board has in recent decisions shown a willingness to shut down a patent challenge based on events taking place in parallel litigation, although some patent owners would like to see more consistency in this respect from the board.
October 24, 2018
College Athletes' Info Is 'Newsworthy,' Ind. Justices Say

Indiana's Supreme Court ruled Wednesday that college athletes' names, likenesses and statistical information are "newsworthy" and therefore able to be used without players' permission, handing a major win to fantasy sports platforms DraftKings and FanDuel in a suit that cuts to the heart of their business model.
October 24, 2018
Justices Told $200M Merck IP Award Should Be Reinstated

Biotech firm Celgene on Wednesday urged the U.S. Supreme Court to reverse a Federal Circuit decision wiping out a $200 million infringement verdict Merck won against Gilead after it was discovered that a Merck in-house attorney had misbehaved during patent prosecution, arguing that the appellate court’s decision threatens innovation.
October 24, 2018
Judge Kills Kendrick Lamar’s Vibe In 'Black Panther' IP Suit

A New York federal judge refused Wednesday to give hip hop artist Kendrick Lamar a partial win against a visual artist’s claims that the Pulitzer Prize-winning musician ripped off her artwork to create the music video for the hit single to the blockbuster superhero film “Black Panther,” finding that his arguments are premature and “entirely abstract” at this point in litigation.
October 24, 2018
Shkreli, Ex-Firm Hit With Antitrust Suit Over Kidney Drug

Biopharmaceutical maker Retrophin Inc. and its ousted founder, “pharma bro” Martin Shkreli, have been slammed with an antitrust suit in Pennsylvania federal court accusing them of trying to shut out a generic competitor to the kidney drug Thiola.
October 24, 2018
Walmart Again Loses Case Over 'Backyard' Trademark

A federal jury on Wednesday found that Walmart willfully infringed a smaller Southern discount chain’s “Backyard” trademark by selling a line of “Backyard” products, reinstating a decision that was tossed out by a federal appeals court in April.
October 24, 2018
J&J Unit Snags Win Over Glucose Test Strips Patent

A Johnson & Johnson subsidiary on Tuesday scored a win after being accused of creating blood-glucose test strips that infringe related patents owned by a medical device maker, with a Nevada federal judge finding that the device maker had narrowed the claims covering the J&J unit’s test strips while asserting one of the patents.
October 24, 2018
Take-Two Again Blasts IP Suit Over Tattoo In WWE Game

Take-Two Interactive Software Inc. moved Tuesday to shut down a tattoo artist’s suit in Illinois federal court alleging it infringed her copyrights by depicting designs she inked on wrestler Randy Orton in its WWE 2K video games, saying her “vague, conclusory allegations fall short.”
October 24, 2018
Biogen Prevails In Fed. Circ. MS Drug Dispute With Forward

The Federal Circuit on Wednesday backed Biogen MA in a dispute with Forward Pharma AS over which company was the first to invent a multiple sclerosis treatment, a decision that frees Biogen from having to pay royalties on its multibillion-dollar drug Tecfidera to Forward.

Editor's Picks

What You Need To Know About IP Litigation Around The Globe

The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
The Big Picture: One Year After TC Heartland

One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The Big Picture: PTAB At The High Court

The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.

Expert Analysis

Tips For Tech Cos. Developing Event Sponsorship Deals

IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.
Calif.'s New Rules For Lawyers Move Closer To ABA Model

The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.
Surveying The Cannabis Patent Litigation Landscape

As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.
Tallying Repetitive Inter Partes Review Challenges

We analyzed the petitioning practice of the top five filers of inter partes review — Apple, Samsung, Google, Microsoft and LG — and it is clear that serial, overlapping petitions are commonplace at the Patent Trial and Appeal Board, even by a single entity, say Steven Carlson and Ryan Schultz of Robins Kaplan LLP.
Know The Limits To Atty Public Statements During A Trial

The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.
Opinion

FTC's Public Hearings Will Be Valuable

On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.
In Calif., Questions Remain On Law Firm Conflict Waivers

In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.
Q&A

A Chat With Faegre Client Development Chief Melanie Green

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.
Design Patent Confusion In Fed. Circ. Maatita Ruling

The Federal Circuit's decision last month in Maatita effectively eliminates the design patent requirement that drawings must enable a person of skill in the art to make and use the invention. The court failed to properly apply statutory standards, leading to an improper result, say Robert Anders of A Design Consultancy and Christopher Rourk of Jackson Walker LLP.
Unpacking The New Temporary Rules For Bonus Depreciation

Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

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