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Intellectual Property

  • June 12, 2018

    PTAB Nixes Microsoft Challenge To Philips IP As Repetitive

    The Patent Trial and Appeal Board has declined to review two Philips patents covering content authentication technology, finding the prior art Microsoft relied on in its challenge had already been considered by a patent examiner during prosecution of the patents.

  • June 12, 2018

    Electrolux Urges ITC To Investigate Water Filter Imports

    Electrolux Home Products Inc. has hit several companies from the U.S. and China with a complaint at the U.S. International Trade Commission, accusing the companies of making and importing "knockoff" water filters that infringe its supplier's filtration patents.

  • June 12, 2018

    Attys Want $47M From $166M Lidoderm Pay-For-Delay Deal

    Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.

  • June 12, 2018

    'Pyrat' Rum Can't Block 'Pirate Piss' Craft Beer Trademark

    Patron Spirits International AG, the distiller behind “Pyrat” rum, has lost a bid to block a Pennsylvania craft brewer from registering its “Pirate Piss” beer brand as a trademark.

  • June 12, 2018

    Louboutin Wins EU Battle Over Red-Sole Trademark

    The European Union’s top appeals court ruled Tuesday that French designer Christian Louboutin SA’s famous red-soled high heels can be protected by trademark law.

  • June 11, 2018

    Sirius, SoundExchange Strike $150M Deal In Royalties Fight

    Sirius XM Radio Inc. agreed to pay music royalty collector SoundExchange Inc. $150 million for both companies to walk away from litigation over whether the satellite radio purveyor shorted the licensor on royalties for recordings from 2007 to the end of last year, SoundExchange said Monday.

  • June 11, 2018

    PTAB Invalidates Most Of Pfizer Pneumonia Vaccine Patent

    Following a challenge from Merck Sharp & Dohme Corp., the Patent Trial and Appeal Board said Friday that all but one claim in a patent related to Pfizer Inc.’s top-selling Prevnar 13 pneumonia vaccine were unpatentable as obvious under prior patents.

  • June 11, 2018

    Woeful Judge Won’t Free Attys From Kenyon Malpractice Suit

    A New York federal judge rejected a bid by two former Kenyon & Kenyon LLP lawyers to defeat claims that they bungled patent paperwork but called for “discretion and decency” at a Monday hearing and urged the parties to strike a deal that would let the individuals off the hook.

  • June 11, 2018

    Fed. Circ. Denies Atty Fees In Kidney Device Patent Case

    The Federal Circuit on Monday rejected Cook Medical's bid for attorneys' fees from a company that dismissed a patent suit against it over a kidney stone extraction device, in part because Cook did not say until after the litigation ended that it thought the case was unreasonable.

  • June 11, 2018

    Justices Won't Hear Cleveland Clinic Patent Eligibility Case

    The U.S. Supreme Court said Monday it would not hear a case the Cleveland Clinic Foundation filed over patents for cardiovascular disease tests, leaving in place a ruling that found the patents were invalid because they only claim laws of nature.

  • June 11, 2018

    Aggrenox MDL Nears End As Drug Cos. Reach Final Deal

    Teva Pharmaceutical and Boehringer Ingelheim on Monday announced a settlement with the last remaining party accusing them of entering into an illegal pay-for-delay agreement to keep a generic version of the stroke prevention medicine Aggrenox off the market, paving the way for the multidistrict litigation in Connecticut federal court to close out.

  • June 11, 2018

    Oakley Accused Of Stealing Graffiti Artists' Murals For Ads

    Two Oakland-based graffiti artists hit Oakley Inc. with a copyright infringement lawsuit in California federal court Friday, accusing the sunglasses retailer of ripping off their murals for an advertising campaign.

  • June 11, 2018

    Ex-Farney IP Attys Join Dickinson Wright In Calif., Texas

    A partner and a shareholder at Farney PC have left to join Dickinson Wright PLLC, their new firm announced Thursday, bolstering Dickinson Wright’s intellectual property teams in Silicon Valley and Austin, Texas.

  • June 11, 2018

    Fish & Richardson Adds IP Litigator From Winston & Strawn

    Fish & Richardson has added an intellectual property principal, who was previously a partner at Winston & Strawn LLP and Kirkland & Ellis LLP, to its litigation practice group in Silicon Valley, the firm recently announced.

  • June 11, 2018

    Fed. Circ. Revives Medtronic Bid To Ax Patent In $23.5M Row

    The Federal Circuit on Monday gave Medtronic a new shot at invalidating a doctor’s spine-straightening patent at issue in a $23.5 million verdict against the company, ruling the Patent Trial and Appeal Board did not properly consider the evidence when it upheld the patent.

  • June 11, 2018

    Eagle Wins Orphan Drug Status In Row With FDA

    A D.C. federal judge came down on the side of Eagle Pharmaceuticals Inc. on Friday, ordering the U.S. Food and Drug Administration to grant orphan drug exclusivity to the company's chemotherapy drug Bendeka.

  • June 11, 2018

    Samsung Wants Huawei's Bid For US FRAND License Axed

    Samsung Electronics Co. Ltd. urged a California federal judge Friday to reject a request by Chinese smartphone maker Huawei to set a licensing rate for its cellular network patents in the United States, arguing that Huawei made the request too late in litigation and that it would severely hurt Samsung.

  • June 11, 2018

    Post-SAS, Fed. Circ. Kicks Back Review Of Cat Litter Patent

    The Federal Circuit agreed on Monday to knock a patent dispute over kitty litter back down to the Patent Trial and Appeal Board, allowing fraud allegations raised by Nestle Purina Petcare Co. against the patent owner to proceed if the board chooses to take them up.

  • June 11, 2018

    Ex-PTAB Judges Say Board Policies Don't Squelch Dissents

    Dissenting opinions are rare occurrences at the Patent Trial and Appeal Board, but former judges say that's largely because the board strives to reach consensus and has a heavy workload, not because they feel discouraged by board officials from offering dissenting views.

  • June 11, 2018

    Fed. Circ. Won’t Rethink Revival Of Google Messaging IP Row

    The Federal Circuit said Friday it would not reconsider an earlier ruling that gave new life to a patent lawsuit brought against Google LLC in the Eastern District of Texas over the search engine giant’s messaging services.

Expert Analysis

  • 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.

  • Surveying The CRISPR Patent War

    Michael Stramiello

    Following this week’s oral argument at the Federal Circuit in University of California v. Broad Institute, there has been a surge of interest in the long-running CRISPR patent dispute. There are battles raging on multiple fronts, particularly in Europe, with several more on deck in the U.S., and maybe even in China, says Michael Stramiello of Paul Hastings LLP.