Intellectual Property

  • September 20, 2022

    Door Still Shut To VPX Super Creatine Report, Judge Says

    A California federal judge delivered a blow to Vital Pharmaceuticals Inc. on Tuesday in its defense of false advertising claims brought by Monster Energy Co., denying Vital's motion to introduce a report previously ruled inadmissible after finding Monster did not "open the door" during its case-in-chief of the ongoing trial.

  • September 20, 2022

    PNC Pins $218M Patent Loss On 'Tainted' Verdict

    PNC Bank launched its latest attack Tuesday on a $218 million patent infringement battle it lost against a Texas rival that owns patents covering a way of using smartphones to deposit checks, saying the verdict was "tainted" because jurors purportedly found out that Wells Fargo already lost a case over the same patent.

  • September 20, 2022

    Opana Direct Buyers' Attys Seek $50M Fees After $145M Deal

    Attorneys for direct purchasers of Opana ER, including Value Drug Co. and Meijer Inc., asked an Illinois federal judge Monday for a fee award of $50 million after the class reached a $145 million settlement with generic-drug maker Impax Labs to end nearly eight years of litigation over pay-for-delay allegations.

  • September 20, 2022

    Apple Tries To Reopen Discovery In Caltech Patent Suit

    Apple and Broadcom want a California federal court to reopen discovery in the California Institute of Technology's infringement suit over data transmission patents, pointing out issues related to another patent lawsuit the school filed against Microsoft.

  • September 20, 2022

    6th Circ. Revives Jeep Trade Dress Fight With Indian Auto Co.

    Fiat Chrysler Automobiles will have another chance to ask that an Indian automaker's off-road vehicle be barred from sale in the U.S. because it looks too similar to FCA's Jeep Wrangler, after the Sixth Circuit found that a trial judge should have considered applying a "safe-distance" analysis.

  • September 20, 2022

    Albright To Take Another Look At Transferring Apple IP Row

    U.S. District Judge Alan Albright said Tuesday he would reconsider shipping an infringement case against Apple to California, ruling that striking down any untimely transfer opposition "disproportionately impact[ed]" the patent owner.

  • September 20, 2022

    Fed. Circ. Won't Eye Novartis Case Flipped By Judge Change

    The full Federal Circuit said Tuesday it won't review a decision in which a split panel initially upheld Novartis' patent on multibillion-dollar multiple sclerosis drug Gilenya, then invalidated it after a different judge joined the panel.

  • September 20, 2022

    Del. Judge Is Told Evidence Issue Dooms $5.7M Patent Verdict

    A German software company wants a Delaware federal judge to throw out a $5.7 million patent infringement verdict against the business because an expert for the other side allegedly showed jurors slides of a presentation that was never entered into evidence.

  • September 20, 2022

    Mylan Flags Claims Court Ruling In $50M Tax Fight At 3rd Circ.

    A recent Court of Federal Claims decision supports Mylan Inc.'s challenge to a $50 million tax bill by bolstering its argument that it's entitled to deduct the costs of patent litigation suits, Mylan told the Third Circuit.

  • September 20, 2022

    Cisco Loses PTAB Bid To Kill Network Security Patent

    The Patent Trial and Appeal Board has rejected a challenge from Cisco Systems Inc. to a computer network security patent owned by patent-licensing company K.Mizra LLC, ruling the tech giant was unable to show that any of the 17 claims it took aim at are invalid.

  • September 20, 2022

    ITC Won't Review Chocolate Milk TM Infringement Finding

    The U.S. International Trade Commission said it won't review a finding that a series of grocery stores that sell Indian products infringed a New Jersey-based food importer's trademark on the Bournvita chocolate milk powder.

  • September 20, 2022

    Shutterstock Beats Copyright Suit Over Aerial Image

    A New York federal judge has let stock image provider Shutterstock Inc. out of a copyright suit lodged against it by a photographer over an image of a forest from an aerial viewpoint, ruling that the platform is immune from damages liability.

  • September 20, 2022

    Oracle Seeks $12.3M Fee After IP Win Over 'Baseless' HPE

    Oracle is asking a California federal judge to award it $12.3 million in legal fees after it triumphed over Hewlett Packard Enterprise Co. in a software copyright trial due to what it called "baseless" arguments by the defense.

  • September 20, 2022

    Signify Escapes Rival's Semiconductor Patent Suit

    A California federal judge has granted Dutch lighting giant Signify's bid to toss a patent suit lodged against it by a competitor over semiconductor technology, determining that the court lacks jurisdiction.

  • September 20, 2022

    Wells Fargo Says Former In-House Counsel Stole Secret Info

    A Wells Fargo & Co. subsidiary on Tuesday sued a former senior in-house lawyer who jumped ship to start a competing firm, alleging he violated company policy and stole privileged information in the process.

  • September 20, 2022

    Wiley Telecom Partner Joins Hogan Lovells In DC

    Hogan Lovells added a new partner in Washington, D.C., from Wiley Rein LLP to boost its global regulatory and intellectual property, media and technology practice group.

  • September 20, 2022

    Fish & Richardson Eliminates Litigation Secretary Role

    Fish & Richardson PC has eliminated its litigation secretary position at all 14 offices, the global IP firm said Tuesday. 

  • September 19, 2022

    'Just Get Started,' HP Atty Urges Against Diversity Nerves

    HP's head of intellectual property on Monday told those nervous about initiating diversity pushes to just start, saying if they wait for the type of data and assurances engineers and scientists normally need to act comfortably, they'll be waiting forever.

  • September 19, 2022

    'Tiger King' Joe Exotic Tells Artist To Keep Paws Off His Music

    Joe Exotic — the main attraction in Netflix's "Tiger King" and who is incarcerated for the attempted murder-for-hire of big cat conservationist Carole Baskin — accused the artist whose music is featured in the docuseries of stealing his contractual rights to the songs, according to a lawsuit filed Monday in Florida federal court.

  • September 19, 2022

    Vidal Right At Home With Marathon Director Duties

    In late August, U.S. Patent and Trademark Office Director Kathi Vidal finished her first marathon since joining the office in April, and came to a surprising realization: the 26.2 miles she ran in Santa Rosa, Calif., were the biggest break she'd taken from work in months.

  • September 19, 2022

    Disney Must Face Writer's 'Muppet Babies' Suit

    Disney can't escape a lawsuit accusing the company of stealing a writer's ideas for a "Muppet Babies" reboot, a California federal judge has ruled, finding the plaintiffs have plausibly alleged that protectable parts of the writer's work are substantially similar to the revamped series.

  • September 19, 2022

    Syntel Asks 2nd Circ. To Scrap $570M Software IP Loss

    Syntel Inc. urged the Second Circuit on Monday to vacate a $570 million judgment and jury verdict that found the information technology company stole Cognizant's trade secrets and ripped off its copyrighted software for insurance administration, arguing that Cognizant did not specifically identify trade secrets at trial and that the damages award was excessive.

  • September 19, 2022

    LabCorp Infringed Prenatal Test IP, Biotech Biz Tells Jury

    In a Waco, Texas, courtroom on Monday, a small Maryland biotech business claimed its founder revolutionized prenatal testing over 20 years ago, and LabCorp, one of the largest chains of clinical lab providers in the world, owes his company "a couple hundred million dollars" for infringing his patents.

  • September 19, 2022

    PTAB Wipes Out Cardiovalve's Heart Valve Implant Patent

    The Patent Trial and Appeal Board has invalidated medical technology maker Cardiovalve's patent on an artificial heart valve implant, determining that its competitor had shown aspects of the invention are obvious or anticipated by previous publications.

  • September 19, 2022

    Suit Alleging PTAB Is Rigged Against Patentees Thrown Out

    A Tennessee federal judge on Monday dismissed a suit that claimed the Patent Trial and Appeal Board has a "pervasive structural bias" against independent inventors, ruling that the case against U.S. Patent and Trademark Office officials did not state a plausible claim for relief.

Expert Analysis

  • Series

    In-House At A Cannabis Company: The Int'l Trademark Issues

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    Cannabis companies face a variety of challenges securing global trademark protection under the Nice Classification system, so as the market evolves trademark examiners need better tools to understand industry nuances and distinguish cannabis from other goods, says Stephanie Melnychuk, former counsel at Aurora Cannabis.

  • The Fed. Circ. In July: A 'Prior Art' Decision To Know

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    By permitting erroneous prior art text to be disregarded, the Federal Circuit's recent LG Electronics v. Immervision decision provides patent owners with a way to defend their claims against prior art that may appear to be invalidating, say Paul Stewart and Michael Friedland at Knobbe Martens.

  • Cos. Should Prepare For Gov't Grantee IP Reporting Update

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    Government contractors and grantees subject to intellectual property reporting requirements should prepare now for the inevitable hiccups that will accompany the August transition to a new reporting system, and implement internal controls necessary to protect valuable IP rights, says Cara Wulf at McCarter & English.

  • Opinion

    Justices Must Correct Fed. Circ.'s Overreach On Patents

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    By requiring that patent applicants disclose every variation of their inventions with such specificity that it is impossible to obtain effective patent protection, the Federal Circuit is disrupting the patent system and undermining innovation — and the U.S. Supreme Court must restore the balance, say Mark Jani at Indiana University and Timothy Holbrook at Emory University.

  • 5th Circ. Tableware Reset Embraces 7 Trade Dress Factors

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    The Fifth Circuit's revival of the Beatriz Ball v. Barbagallo copyright and trade dress suit over dinnerware highlights that courts must address all seven factors for secondary meaning in product design, says Scott Shaw at Merchant & Gould.

  • Rebuttal

    An Indication That ITC Remedies For SEPs May Not Fit

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    While a recent Law360 guest article said the U.S. International Trade Commission had not faced the question of remedy issuance in a standard-essential patent infringement case, the ITC has considered whether to issue an exclusion order to protect SEPs, in a decision that ultimately did not stand, says Robert Vlasis at Winston & Strawn.

  • And Now A Word From The Panel: MDL Time?

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    Whether the Judicial Panel on Multidistrict Litigation creates a multidistrict proceeding to handle class actions against a timekeeping and payroll software provider that experienced a cyberattack can provide interesting insight into the panel's process for determining when time is ripe for a new MDL, says Alan Rothman at Sidley.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • Navigating The Range Of Remedial Orders At The ITC

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    As more Section 337 investigations reach a final determination at the U.S. International Trade Commission, it is becoming increasingly important for companies and attorneys to be knowledgeable about the scope of remedies available — and to consider potential remedy orders early in an investigation, say attorneys at Foley & Lardner.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • Patent Drafting Reminders In Fed. Circ. Skin Care Ruling

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    The Federal Circuit's recent University of Massachusetts v. L'Oréal decision illustrates how patent claim language should be viewed in the context of both the claim as a whole and the patent as a whole, making consistency crucial, say attorneys at Finnegan.

  • Opinion

    ITC Standard-Essential Patent Remedies Shouldn't Be Curbed

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    Added restrictions on U.S International Trade Commission remedies for standard-essential patents would be a mistake, as foreign technology developers would likely dominate the markets for standards like 5G if the ITC lacked ability to seek exclusion orders against products implementing the patented invention without paying, says former ITC chair Deanna Tanner Okun, now at AMS Trade

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • The New Fintiv Guidance: Overcoming Discretionary Denials

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    Recent U.S. Patent and Trademark Office guidance on the so-called Fintiv factors gives petitioners tools to help overcome discretionary denials, so they should emphasize certain facts that suggest a significant showing, as they wait to see how the PTAB will determine whether a petition is suitably compelling, says Daniel Callaway at Farella Braun.

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