Intellectual Property

  • September 14, 2021

    Apotex, Mylan Urge Full Fed. Circ. To Ax Cancer Drug Patent

    Apotex and Mylan have asked the full Federal Circuit to reconsider a panel's decision refusing to invalidate patents for Teva's cancer drug Bendeka, saying the patents don't hold up and the panel withheld its reasoning in an extremely brief order.

  • September 14, 2021

    Iancu, Fed. Circ. Judge Warn Patent System Needs Revamping

    Former U.S. Patent and Trademark Office Director Andrei Iancu suggested Tuesday the U.S. needs to overhaul its intellectual property policy before it loses more innovation ground to China, while Federal Circuit Judge Kathleen O'Malley said too many would-be inventors can't withstand litigation in the current system.

  • September 14, 2021

    Judge Shuts Down Finjan Investors' Suit Over $44M Sale

    A California federal judge has dismissed with prejudice Finjan Holdings investors' proposed securities class action over the cybersecurity company's $44 million sale to Fortress Investment Group, finding the lead plaintiff again failed to allege any plausible motive for leadership to devalue the company.

  • September 14, 2021

    Groups Urge ITC To Ban Google's Speakers In Sonos IP Fight

    Patent organizations, educational nonprofits and Grammy Award-winning record producers are among those backing Sonos' bid for the full U.S. International Trade Commission to review an administrative law judge's decision that would let redesigned software behind an infringing Google speaker system remain on the market.

  • September 14, 2021

    Ga. Judge Weighs Injunction Against Insurance Executive

    A Georgia federal judge said Tuesday that the fate of insurance underwriting firm ISC Holdings' effort to permanently enjoin its former chief underwriting officer from competing with it may come down to how the idea of competition between the two is defined.

  • September 14, 2021

    Pot Co. Prez Wants Out Of 'Borat' Actor's Copyright Suit

    The president of cannabis company Solar Therapuetics Inc. has asked to be dismissed from a copyright infringement suit brought against him and the company by "Borat" actor Sacha Baron Cohen for allegedly putting an image of the Borat character on a billboard without permission.

  • September 14, 2021

    Square Joins IP Nonaggression Group For Open-Source Tech

    Financial technology giant Square has joined the Open Invention Network, an organization committed to protecting open-source software and promoting "patent nonaggression," OIN said Tuesday.

  • September 14, 2021

    TikTok Creator Says 'SNL' Star Michael Che Stole Comedy Skit

    A popular TikTok creator filed a copyright lawsuit Tuesday against "Saturday Night Live" star Michael Che that accused him of ripping off a comedy bit about "home girls" on his new HBO Max series.

  • September 14, 2021

    Generics Group, Intel Back Mylan's Fintiv Fight At High Court

    A generic drug industry group and Intel Corp. have thrown their support behind Mylan's plea that the U.S. Supreme Court should strike down a rule under which the Patent Trial and Appeal Board can refuse to review patents due to pending district court litigation.

  • September 14, 2021

    GE Nabs Early ITC Win In Wind Turbine IP Fight With Siemens

    The U.S. International Trade Commission has issued an initial determination in General Electric's bid to block a rival's wind turbine imports, with an administrative law judge finding that Siemens Gamesa infringes one of two GE patents.

  • September 14, 2021

    Zydus, Takeda Tell 3rd Circ. Antitrust Appeal In Right Place

    Zydus Pharmaceuticals Inc. and Takeda Pharmaceutical Co. Ltd. have told the Third Circuit that Zydus' bid to revive antitrust counterclaims should not be moved to the Federal Circuit because patent infringement allegations were dropped from the litigation in 2018.

  • September 14, 2021

    Fed. Circ. Told Inventor Limits Don't Bar Validity Challenge

    Surgical device company Minerva has told the Federal Circuit that in light of the U.S. Supreme Court narrowing when a doctrine preventing inventors from challenging their own patents can be invoked, a Hologic Inc. patent covering an endometrial treatment must be invalidated.

  • September 14, 2021

    These Firms Have The Most Women In Equity Partnerships

    Many law firms are seeing only modest progress as they seek to close the gender gap in their top ranks. But these firms are working to shake up that reality and forging a path to progress.

  • September 14, 2021

    2nd Circ. Says Restored Antique Watches Didn't Infringe TMs

    The Second Circuit ruled Tuesday that a watchmaker did not violate trademark law by selling products that featured refurbished antique elements emblazoned with another company's branding.

  • September 13, 2021

    Pearson Says Chegg's Sale Of Textbook Answers Infringes IP

    Pearson Education Inc. hit education technology company Chegg Inc. with a copyright infringement suit in New Jersey federal court Monday, alleging Chegg reaps hundreds of millions of dollars each year from a product that provides students with answers from Pearson textbooks.

  • September 13, 2021

    Playwright Wins 1st Circ. IP Appeal Over Novel Adaptations

    The First Circuit on Monday reversed a decision that cut a Puerto Rican playwright out of the equation when considering who owns copyrights to theatrical adaptations that were published without permission, finding Monday that a judge's pretrial error "regrettably fundamentally altered" the case's course and that the playwright is entitled to a six-figure verdict.

  • September 13, 2021

    Pinterest 'Co-Creator' Says She Got Nothing From $14B IPO

    A woman who claimed to help create and build up Pinterest alleged in California state court that she was cut out of the spoils of an initial public offering she says generated more than $14 billion in equity.

  • September 13, 2021

    Newest ITC Judge Arrives With Deep Experience In IP

    The U.S. International Trade Commission's hiring Monday of Monica V. Bhattacharyya, an ITC investigative attorney since 2012, as an administrative law judge was praised by those who know her and who said her intellectual property and ITC background will serve her well on the bench.

  • September 13, 2021

    Wells Fargo, Target Settle VoIP Patent Cases Ahead Of Trial

    Estech is wrapping up litigation with Cisco, Target, Wells Fargo, and others over patents related to Voice over Internet Protocol technology, including on Friday notifying a Texas federal court of settlements reached in patent infringement suits scheduled to head to trial early October.

  • September 13, 2021

    FDA Wants To Team Up With USPTO Over Drug Pricing

    Citing the goals of increased competition and less expensive drugs, the U.S. Food and Drug Administration says it wants to work alongside the U.S. Patent and Trademark Office to help rein in drug prices.

  • September 13, 2021

    Fed. Circ. Backs PTAB's Mixed Rulings In Apple's IP Challenge

    The Federal Circuit agreed Monday with the Patent Trial and Appeal Board that Apple came up short in its efforts to invalidate two fingerprint authentication patents but that the board was right to throw out a different patent the tech giant and Samsung had challenged owned by the same company.

  • September 13, 2021

    Fed. Circ. Tells USPTO To Rethink Alice Ax Of Video Patent

    The Federal Circuit on Monday told the U.S. Patent and Trademark Office to revisit a ruling that an application for a videoconference patent was too abstract, citing the appeals court's recent ruling that software-based improvements in computer functionality were patentable.

  • September 13, 2021

    PTAB Wipes Out Pair Of T-Shirt Printing Patents

    The Patent Trial and Appeal Board has invalidated claims in two patents on transferring images to clothes that helped an inventor win a $4.5 million jury verdict back in 2017, with the board finding the challenged claims are obvious and anticipated.

  • September 13, 2021

    Biz Groups Keep Pushing For Indo-Pacific Digital Trade Deals

    Several American business associations have urged the Biden administration to pursue Indo-Pacific digital trade agreements, arguing that the region has the most internet users in the world and that small businesses relied on online commerce during the pandemic.

  • September 13, 2021

    AT&T Settles Trademark Fight Over Long-Dead 'Cingular'

    AT&T has reached a settlement to end a trademark dispute with a company that wanted to revive the long-dormant "Cingular" brand name.

Expert Analysis

  • Considering Short- And Long-Term Effects Of COVID IP Waiver

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    The World Trade Organization's proposed temporary waiver on intellectual property protections for COVID-19 vaccines would offer unclear benefits over the next year, and, in the long term, it would devalue research and development incentives, say attorneys at Haynes and Boone.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Roundup

    Embracing ESG

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    In this ongoing Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • Retention Is Key To Meaningful Diversity At Law Firms

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    Minority attorneys leave their law firms earlier and at higher rates than their peers, so firms must deemphasize their diversity programs' focus on recruitment and rethink the ways they support and advance attorneys from underrepresented groups, say Shilpa Coorg and David Ramírez-Gálvez at DTO Law.

  • IP Case Management Takeaways 18 Months Into Pandemic

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    As courtrooms reopen for in-person hearings and trials, analysis of 18 months of pandemic-era data offers litigators lessons on intellectual property case management, including how to handle the remote depositions, mediations and hearings that seem to be here to stay, say attorneys at MoFo.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • Considerations For Patent Assignments After Minerva Ruling

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    The U.S. Supreme Court's recent ruling in Minerva Surgical v. Hologic, reaffirming the doctrine of assignor estoppel in certain circumstances and potentially making assignment of patent rights more contentious, should encourage both assignors and assignees to scrutinize the terms, say Austen Zuege at Westman Champlin and Benjamin Edlavitch at Edlavitch Law.

  • Striking The Right Academic Research Deal As A Sponsor

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    As industry funding of academic research continues to rise, lawyers advising sponsoring entities should understand the intricacies of negotiating research agreements, including those around deal structure, intellectual property ownership and licensing, and confidentiality of findings, says Catlan McCurdy at McCurdy.

  • Opinion

    Rule 702 Proposal Would Overly Restrict Expert Testimony

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    The effort underway to revise Federal Rule of Evidence 702 is an unnecessary repudiation of the Daubert standard for admissibility of expert testimony — a change that would thrust judges into the role of juries and disproportionately affect plaintiffs, says Susan Steinman at American Association for Justice.

  • Overlooked Patent Cases: Indirect Infringement Developments

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    Because recent, potentially overlooked district court cases reveal disagreement on whether complaints may themselves provide the knowledge of asserted patents required for pleading indirect patent infringement, patentees should be cognizant of the available alternatives to satisfying the knowledge requirement, say Brandon Rash and Sohrab Hajarian at Akin Gump.

  • How SEP Holders Can Mitigate The Effects Of Holdout

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    Faced with systemic holdout, which causes marketplace distortions and disincentivizes innovation, standard-essential patent holders can adjust their fair, reasonable and nondiscriminatory license terms and conditions to mitigate the negative effects by using payment schedules, say economists at Competition Dynamics.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Why Bypass Continuation Is Best For Nat'l Phase Patent Entry

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    In view of statistics revealing multiple advantages to bypass continuation filings for U.S. national phase examination of Patent Cooperation Treaty applications — including higher issuance rates, lower restriction rates and delayed fee payment — applicants should consider altering their filing strategies, says Karam Saab at Kilpatrick Townsend.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

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