Intellectual Property

  • July 27, 2020

    Timeshare-Exit Firm Slams Diamond Resorts' False Ad Suit

    Newton Group Exit LLC has urged a Florida federal court to toss a false advertising suit against it by Diamond Resorts, saying the timeshare giant's latest claims are so weak that they no longer convincingly argue that the timeshare-exit company has caused it to lose sales.

  • July 27, 2020

    3 Takeaways As Fed. Circ. Boosts PTAB Amendment Scrutiny

    The Federal Circuit last week said the Patent Trial and Appeal Board can reject proposed amended patent claims under Alice, a ruling that could also open the door for appeals involving patents that have already been invalidated. Here's a look at the ramifications of the decision.

  • July 27, 2020

    With IP Repatriation, House GOP Draws Flak On Virus Relief

    As part of the next round of pandemic relief, House Republicans are pushing new incentives for companies to bring home offshore intellectual property — something that they contend could boost job growth but that critics see as another corporate giveaway.

  • July 27, 2020

    FTC, AbbVie Don't Want Spat Paused Amid Justices' Review

    The Federal Trade Commission and AbbVie separately told the Third Circuit on Friday there is no need to pause their antitrust spat while the U.S. Supreme Court reviews the agency's authority to order financial restitution, although both sides had different reasons for wanting the case to go forward.

  • July 27, 2020

    Fed. Circ. Protects Condom Co.'s Right To Challenge TM

    A split Federal Circuit panel on Monday said a condom company didn't give up its right to request the cancellation of a rival's "naked" trademark registration when it allegedly agreed to stop using its competing unregistered marks in the U.S., overturning a Trademark Trial and Appeal Board decision finding otherwise.

  • July 27, 2020

    Princeton, Facebook Must Face Imaging Trade Secret Claims

    A California federal judge has cut copyright claims from a 3D-imaging firm's revised suit accusing Facebook and Princeton University of illegally downloading its data to use in artificial intelligence projects, but allowed the company to keep its amended trade secrets claims.

  • July 27, 2020

    2nd Circ. Won't Pause Harsh Sanctions Against Liebowitz

    The Second Circuit on Monday refused to grant Richard Liebowitz an emergency stay on a sanctions order requiring the embattled copyright lawyer to inform clients and judges around the country about his "extraordinary record of misconduct."

  • July 27, 2020

    Apple Faces Extra Trial In 4G Patent Litigation In UK

    A London judge on Monday squeezed in an extra, expedited trial on two issues within a U.S.-based patent management firm's litigation alleging Apple infringed its 4G LTE technology, rejecting the tech giant's claims it would be prejudiced by the change.

  • July 27, 2020

    Full Fed. Circ. Won't Revisit 'Alarming' Relistor Ruling

    The full Federal Circuit has refused to revisit Valeant Pharmaceuticals' loss against Mylan Pharmaceuticals in its patent dispute over the opioid-induced constipation drug Relistor, unmoved by Valeant's argument that the earlier ruling upsets "settled principles of obviousness."

  • July 27, 2020

    Judge Won't Block Arizona's Auto Dealer Data Law

    An Arizona federal judge has denied two auto dealer data companies' request for an injunction against a state law that bars them from blocking car dealerships from allowing third-party access to its systems.

  • July 24, 2020

    Digital Design Startup Says Rival Poached Top Developer

    Digital design startup InVisionApp Inc. sued one of its top software developers and lead designers in New York federal court Thursday, saying he jumped ship to join a competitor "in brazen violation of a valid and reasonable contract."

  • July 24, 2020

    COVID-19 Vaccine Hacking May Prompt Data Security Rethink

    Warnings that cyberattackers backed by the Chinese and Russian governments are targeting COVID-19 vaccine research drive home the need for companies to think beyond their regulatory obligations to protect personal information and to ensure that their intellectual property is shielded from evolving cyber threats.

  • July 24, 2020

    USPTO, Inventor Must Pay Up In Suit Over Long-Stalled Apps

    A D.C. federal judge has ordered both the U.S. Patent and Trademark Office and a prolific inventor to pay part of each other's expenses in a long-running battle over delayed patent applications, finding the office showed "bad faith" in some aspects but not others.

  • July 24, 2020

    Judge Advises Freeing Amgen, Teva From Suits Over Sensipar

    A Delaware federal judge has recommended the dismissal of two antitrust class actions against pharmaceutical giants Amgen and Teva Pharmaceuticals over their agreement to pull a generic version of a calcium control drug off the market, saying the lawsuits failed to properly allege the agreement included an unlawful "pay for delay" deal.

  • July 24, 2020

    9th Circ. Kills Challenge To Calif. Pay-For-Delay Law

    Nobody is in danger of being irreparably harmed by California's new law banning most so-called pay-for-delay deals, the Ninth Circuit said Friday in a ruling that zapped a generic-drug industry association's challenge to the statute.

  • July 24, 2020

    ​​​​​​​Hey Joe, Hendrix's Bro Owes $400K In Trademark Damages

    Jimi Hendrix's brother and his business partner have been ordered by a New York federal judge to pay trademark and copyright damages as well as attorney fees to companies associated with the Hendrix estate, with the late rocker's kin personally on the hook for over $401,000. 

  • July 24, 2020

    AbbVie Sues To Block Dr. Reddy's Generic Leukemia Drug

    AbbVie Inc. has accused generic drugmaker Dr. Reddy's Laboratories of prematurely pressing for a generic version of a prize-winning leukemia medication, in a suit filed in New Jersey federal court.

  • July 24, 2020

    Privacy And Cybersecurity Cases To Watch In 2nd Half Of 2020

    From two cases that could define the scope of a hotly debated computer crimes law to a U.S. Supreme Court dispute set to rattle the landscape of federal robocall and text message litigation, the second half of 2020 should be busy in the world of cybersecurity and privacy law. Here are five cases worth watching.

  • July 24, 2020

    Fed. Circ. Says UT's Immunity Can't Halt Cancer Patent Suit

    A splintered Federal Circuit panel ruled Friday that sovereign immunity prohibits the University of Texas from being involuntarily made a plaintiff in a suit that a licensee of its cancer therapy patents filed against Baylor College of Medicine, but that the case can proceed anyway.

  • July 24, 2020

    Brand Battles: Lyft Goes Up Against Kin Of LearJet Inventor

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lyft is fighting to stop an "UpLyft" application on the grounds that the ride-sharing giant may one day expand into air travel — plus four other new TTAB cases you need to know.

  • July 24, 2020

    Apple Attacks Texas Patent Suit For Abstractness

    Apple Inc. told a Texas federal judge that a patent asserted against its Apple Watch, MacBook and iPhone products is ineligible because it deals with the abstract concept of relaying messages, which humans have done since the beginning of telephone operators.

  • July 24, 2020

    'Walking Dead' Creator Shuts Down 'Toking Dead' Trademark

    The creator of "The Walking Dead" has won a ruling at the Trademark Trial and Appeal Board blocking the authors of a cannabis-themed comic book called "The Toking Dead" from registering its name as a trademark.

  • July 24, 2020

    John Varvatos Approved For Ch. 11 Asset Sale To Lender

    Men's suit retailer John Varvatos Enterprises Inc. received approval Friday from a Delaware bankruptcy judge for a Chapter 11 sale of its assets to a secured lender that credit bid $76 million of its prepetition debt at an auction earlier in the week.

  • July 24, 2020

    Chevron Gets $2.2M Atty Fees After Trademark Trial Win

    Chevron Intellectual Property LLC has been awarded $2.2 million in attorney fees it requested after securing a $15.6 million trademark infringement judgment against a company accused of impersonating Chevron to dupe other companies into doing business with it.

  • July 23, 2020

    Moderna Can't Invalidate Drug-Delivery Composition Patent

    The Patent Trial and Appeal Board ruled Thursday that Moderna Therapeutics Inc. failed to invalidate claims in Arbutus Biopharma Corp.'s patent covering a drug-delivery composition as obvious or anticipated based on overlapping composition ranges, finding that prior art does not explicitly disclose such ranges.

Expert Analysis

  • 'Independent Economic Value' Crucial In Trade Secret Cases

    Author Photo

    In the wake of the pandemic, high turnover in the job market combined with preexisting filing trends may provide the perfect recipe for historic levels of trade secret litigation, and attorneys who do not understand the meaning of independent economic value could see their case end before it even begins, say attorneys at McKool Smith and analysts at Stout.

  • Biopharma Patentees Must Navigate Inherent Obviousness

    Author Photo

    The difficulty the Federal Circuit and the U.S. Patent and Trademark Office have recently faced when applying inherency in the obviousness context presents a stumbling block for biopharmaceutical patentees, but there are several strategies for overcoming obviousness challenges in prosecution and litigation, say attorneys at Sterne Kessler.

  • How To Appeal PTAB Decisions Successfully To Fed. Circ.

    Author Photo

    Recent Federal Circuit decisions reversing and vacating issues decided by the Patent Trial and Appeal Board can provide helpful guidance on crafting successful arguments on appeal, whether parties have won or lost below, say attorneys at Steptoe & Johnson.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

    Author Photo

    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

    Author Photo

    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • Risk Mitigation For Social Media Cos. In Light Of Trump Order

    Author Photo

    Notwithstanding the questionable legality of the presidential order circumscribing a safe harbor law for companies hosting online content, social media companies should review their terms of service and content moderation guidelines for clear demarcation of third-party content, say attorneys at Rothwell Figg.

  • If We Used Current Patent-Eligibility Tests On Vintage Patents

    Author Photo

    Retrospectively applying the U.S. Supreme Court's new patent-eligibility standards to three patents from the '80s and '90s shows how past innovative subject matter no longer meets the redefined threshold, and that Congress must rebalance the patent system, say Alejandro Fernandez and Stephen Leahu at Akerman.

  • When Is The Hypothetical Negotiation For Patent Damages?

    Author Photo

    As demonstrated by a California federal court's recent decision in Glaukos v. Ivantis and other cases from the last few years, identifying the hypothetical negotiation date used to determine a reasonable royalty requires a careful evaluation early in the litigation process, say James Donohue and Marie Minasi at Charles River Associates.

  • 11 Keys To Success At Remote Mediation

    Author Photo

    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • FDA Opens Useful Dialogue On Orange Book Patent Listings

    Author Photo

    The U.S. Food and Drug Administration's recent request for comment on Orange Book patent listing requirements acknowledges the increasing complexity and interrelatedness of drug product technologies and is a step in the right direction toward clarifying these issues for the pharmaceutical industry, say attorneys at Cooley.

  • Pandemic Could Bring Student Exodus From Legal Profession

    Author Photo

    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

    Author Photo

    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • The Fed. Circ.'s Secret Merger Of Alice Steps 1 And 2

    Author Photo

    At the Federal Circuit, patents are being found eligible almost exclusively under step one of the U.S. Supreme Court's Alice test — but with all the hallmarks of factual inquiry thought to be the province of step two, say Stephen Schreiner and Jim Carmichael at Carmichael IP and Tom Scott at Personalized Media Communications.

  • Calif. High Court Could Limit DA Enforcement Actions

    Author Photo

    The California Supreme Court's upcoming decision in Abbott Laboratories v. Superior Court could have far-reaching implications for local district attorneys' enforcement of claims under the Unfair Competition Law and for companies that defend against UCL actions, says Patrick Burns at Hanson Bridgett.

  • 2nd Circ. Rulings Clarify FSIA's Commercial Activity Exception

    Author Photo

    Two recent decisions from the Second Circuit — Pablo Star v. Welsh Government and Barnet v. Hellenic Ministry of Culture and Sports — help to further define the Foreign Sovereign Immunities Act's commercial activity exception by focusing analysis on the foreign state’s objective policy action, says Joshua Bolian at Robbins Russell.

Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!