Intellectual Property

  • October 13, 2021

    Fed. Circ. Slams Albright's Transfer Refusals In 2 More Cases

    Western District of Texas Judge Alan Albright saw the Federal Circuit ship two separate cases involving Pandora and NetScout out of his courtroom Wednesday, in decisions that called his refusal to transfer the lawsuits a clear abuse of discretion.

  • October 13, 2021

    Split Fed. Circ. Rejects Claim Of PTAB Bias Against Patentees

    A split Federal Circuit panel ruled Wednesday that the Patent Trial and Appeal Board's fee and bonus structure doesn't make it biased against patent owners, although one judge said the board is likely unconstitutional and criticized the majority's "facile endorsement of the present system."

  • October 13, 2021

    Louisiana Can't Wade Into FTC's Settled Provigil Case

    A Pennsylvania federal court on Wednesday rejected a bid from the state of Louisiana to intervene in a case over the alleged delay of generic versions of narcolepsy drug Provigil that the Federal Trade Commission settled with Teva through a $1.2 billion deal in 2015.

  • October 13, 2021

    Bayer Tells High Court To Curb Flanax Fight Again

    Bayer AG has assured the U.S. Supreme Court that nothing close to a circuit split hangs over its decade-plus efforts to sue a small American drugmaker in a fight that centers on who owns the trademark of a Mexican brand name the pharmaceutical giant has never used in the U.S.

  • October 13, 2021

    Del. Justices Probe Unclear Terms In AstraZeneca Merger Pact

    Investors in a company developing a cutting-edge cancer therapy that AstraZeneca PLC bought in 2013 but never brought to market struggled to convince Delaware's Supreme Court on Wednesday that they deserved milestone payments for the drug's aborted development.

  • October 13, 2021

    Propriety Of Testimony In Samsung IPRs Riles PTAB Judge

    The Patent Trial and Appeal Board on Wednesday pushed back on Samsung's argument that testimony from a fact witness for Acorn Semi LLC should be excluded in its bids to invalidate five Acorn semiconductor patents as being obvious or anticipated.

  • October 13, 2021

    P&G Wants Febreze Jingle Copyright Suit Tossed

    Procter & Gamble Co. is pushing a New York federal court to dismiss a copyright suit over the five-note jingle that's heard at the end of Febreze commercials, arguing that it's too common of a musical sequence to be copyrightable in the first place.

  • October 13, 2021

    Quinn Emanuel Loses Latest Partner To White & Case

    Another Quinn Emanuel partner has ditched the firm's Big Pharma-focused patent practice for White & Case, bringing along her experience of fighting off generic competition for brands like Johnson & Johnson and Gilead Sciences.

  • October 13, 2021

    Fed. Circ. Urged To Close Luggage Lock Patent Suit For Good

    The Federal Circuit is being asked to affirm lockmaker Travel Sentry's win after a lower court ruled that a rival's lock patent at the heart of a nearly 15-year dispute is invalid under the U.S. Supreme Court's Alice ruling for claiming only an abstract idea.

  • October 13, 2021

    Vivint Says ADT's The One Tricking Customers Into Switching

    Vivint Smart Home Inc. has pushed back against allegations from rival home security provider ADT that it tricks customers into switching services, telling a Florida federal court that ADT has been attracting its customers away by lying and making disparaging statements.

  • October 13, 2021

    Allergan Inks $30M Deal With Restasis Buyers In Antitrust Suit

    Allergan has struck a $30 million deal with buyers of dry-eye medication Restasis to end allegations that the pharmaceutical giant fought to keep a generic version of the medication off the shelves.

  • October 13, 2021

    Albanian-American Group Takes Control Fight To Chancery

    A year-old Albanian-American friendship and cooperation group asked Delaware's Chancery Court on Wednesday to order the return of the group's financial accounts, email, trade names and other assets from two founding trustees who allegedly grabbed control without notice.

  • October 13, 2021

    Google Gets PTAB To Nix Claims In Uniloc Authentication IP

    The Patent Trial and Appeal Board has invalidated four claims in a Uniloc 2017 LLC patent covering a method for authentication using sound waves in a challenge brought by Google, finding that the claims are obvious.

  • October 13, 2021

    Universal Blames Junior Employee In £4M Music License Suit

    Record label Universal has said that a junior employee ultimately dismissed for gross misconduct was not authorized to sign a license agreement with a London media company, hitting back in the media company's £4.2 million ($5.7 million) lawsuit.

  • October 12, 2021

    Le Tigre Fights IP Claim They Took The Bomp In 'Deceptacon'

    The feminist punk-pop band Le Tigre is suing singer Barry Mann in New York federal court, arguing he wrongfully alleges their 1999 hit "Deceptacon" infringed his 1961 song, "Who Put the Bomp (in the Bomp, Bomp, Bomp)" and that Mann copied the nonsense syllables at issue from Black doo-wop groups.

  • October 12, 2021

    Judge Says Security Co. Has Proved Cybersquatting By Rival

    A federal magistrate concluded Tuesday that a Florida-based security firm should be granted a judgment on cybersquatting claims against a nearby rival for creating a false Instagram page in its name and registering confusingly similar website domains, but he recommended awarding significantly less in damages than requested and denying additional bids for pretrial victories.

  • October 12, 2021

    Fed. Circ. Told Minerva Still Can't Challenge Hologic Patent

    Surgical device company Minerva shouldn't be able to strike down Hologic's patent covering an endometrial treatment despite a recent U.S. Supreme Court decision limiting when inventors are barred from challenging their own patents, Hologic told the Federal Circuit on Monday.

  • October 12, 2021

    FCC Told It Must Obey Court, Hurry Along Radio Station Sale

    The Federal Communications Commission is dragging its feet on approving the court-ordered sale of a pair of radio stations and is "frustrating the ability" of a California federal judge to do his job, the agency was told by the company set to buy those stations.

  • October 12, 2021

    Janssen Wins Push To Arbitrate Zytiga Generic Delay Suit

    Janssen Biotech Inc. successfully persuaded a New Jersey federal judge to rule on Tuesday that arbiters must resolve a drugstore chain's antitrust suit accusing the pharma giant of unlawfully delaying a generic form of the prostate cancer drug Zytiga.

  • October 12, 2021

    Fed. Circ. Backs EDTX, Clears Telecom Giants In Patent Case

    The Federal Circuit on Tuesday upheld an Eastern District of Texas judge's decisions granting summary judgment, clearing Nokia, Sprint and Verizon of claims they infringed Traxcell Technologies LLC's wireless network patents, and finding several claims of one patent were invalid as indefinite.

  • October 12, 2021

    Fed. Circ. Backs TTAB Refusal To Nix GM's 'Super Cruise' TM

    The Federal Circuit on Tuesday affirmed a Trademark Trial and Appeal Board ruling that declined to cancel General Motors' "Super Cruise" trademark, finding the issues Micro Mobio raised with the TTAB decision lack merit.

  • October 12, 2021

    CBD Co. Says YouTuber Brand Nelk 'Bullying' It In IP Fight

    A CBD company that sells vapes and gummies has sued Nelk Inc., an entertainment company owned by Canadian-American YouTubers, over an alleged intimidation campaign regarding trademark infringement, which the CBD company denies committing.

  • October 12, 2021

    Albright Updates More Patent Trial Procedures

    The busiest patent court in the country has issued yet another update for how those cases are to be conducted, clarifying how parties in front of U.S. District Judge Alan Albright handle discovery disputes and giving plaintiffs more time to fight transfer bids.

  • October 12, 2021

    Comcast Fights Del. Jury's Xfinity Infringement Verdict

    Comcast has told a Delaware federal judge to reject last month's jury verdict that found its Xfinity app indirectly infringes a small technology company's remote control patent, arguing there wasn't enough evidence to back the finding.

  • October 12, 2021

    Insurer Accuses Jazz Pharma Of 'Grotesque' Antitrust Scheme

    A California health care provider accused Jazz Pharmaceuticals of conspiring with competitors to delay generic versions of its Xyrem narcolepsy drug and of instituting "grotesque" price hikes.

Expert Analysis

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • TM Rights Agreement Considerations After 2nd Circ. Ruling

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    By refusing to apply the "inherently suspect" antitrust framework in its recent 1-800 Contacts decision, the Second Circuit destabilized the landscape for companies entering into trademark rights agreements, so parties should bear in mind several important considerations when drafting and negotiating agreements, say Kimberly Culp and Alyssa Crooke at Fenwick.

  • Overlooked Patent Cases: Foreign Activity Liability, Damages

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    Patentees should be aware that a trend from recent, potentially overlooked district court cases — recovery of damages for foreign sales based on domestic patent infringement — brings with it unique challenges, like pleading requirements for exported software, and unique opportunities, like the availability of burden shifting, say attorneys at Akin Gump.

  • Epic V. Apple Ruling Offers Lessons On Expert Testimony

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    Narinder Walia at Crowninshield Financial Research highlights the Epic v. Apple ruling by U.S. District Judge Yvonne Gonzalez Rogers as a useful reminder of the pitfalls and opportunities that counsel face in managing expert testimonies from economists, and suggests a new way to test experts' opinions and reports — consider what Judge Gonzalez Rogers would say.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • 3 Patent Eligibility Reform Ideas Add Clarity But Bring Risks

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    Recent proposals from U.S. Sen. Thom Tillis, the American Bar Association and the American Intellectual Property Law Association that seek to expand patent eligibility add much-needed certainty and clarity to the law but run the risk of preempting innovation and increasing nuisance suits, say attorneys at Ropes & Gray.

  • Series

    Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Fed. Circ. Micron IP Ruling Raises Damages Disclosure Bar

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    The Federal Circuit's recent decision in MLC v. Micron, upholding the exclusion of expert testimony on patent damages evidence, may heighten initial discovery burdens, underscoring the importance of providing proper disclosure of damages-related information and positions prior to expert discovery, say Joel Wacek and Brynna Smith at Hoffman Alvary.

  • Navigating Bar To Patentability In 3rd-Party Secret Sales

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    Because courts and litigators have improperly extended an exception to the on-sale bar to patentability in a manner that could exclude all third-party secret sales, practitioners should be wary of the potential pitfalls in proving an on-sale bar, say Daniel Tishman and Brian Livedalen at Fish & Richardson.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • AI Inventorship Decision Leaves Open Questions

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    A Virginia federal court's recent decision in Thaler v. Iancu, finding that artificial intelligence cannot be named as a patent inventor, highlights questions that will have to be answered as AI increasingly contributes to inventorship, especially in the pharmaceutical industry, say attorneys at DLA Piper.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

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