Intellectual Property

  • August 02, 2019

    Mylan CEO Must Face New EpiPen Deposition, Judge Rules

    Consumers can depose Mylan Inc.'s CEO again in multidistrict litigation over EpiPen price hikes because new and "highly relevant" information has surfaced about potential maneuvers to block lower-cost competition, a Kansas federal judge ruled Friday.

  • August 02, 2019

    Huawei Says Theft Case Just A Pawn In 5G Race, Trade Talks

    Huawei pressed a Seattle federal judge to throw out criminal charges alleging the Chinese chipmaker swiped trade secrets from T-Mobile, saying the U.S. government only brought the case to give it an edge in the global race to 5G networks and in trade talks with China.

  • August 02, 2019

    Va. Film Fest Reaches Deal To End 'Good Faith' Copyright Suit

    The organizer of a Virginia film festival has reached a deal to resolve a federal lawsuit by a photographer who accused it of infringing his copyrighted image of Washington, D.C., to promote the event.

  • August 02, 2019

    International Patent Roundup: European FRAND Edition

    It's a special FRAND edition of Law360's roundup of patent rulings and legal developments around the globe, with decisions involving standard-essential patents from courts in the U.K., Netherlands and Germany.

  • August 02, 2019

    IP Hires: Brown Rudnick, Offit Kurman, Wilson Sonsini

    In this week’s round of intellectual property attorney moves, Brown Rudnick lands a new chair for its trademark, copyright and advertising practice; Offit Kurman boosts its ranks with four IP specialists; and Wilson Sonsini lands a partner with extensive academic and professional experience in life sciences, business management and IP law. Here are the details on these notable IP hires.

  • August 01, 2019

    NBC Presses For Sanctions Against Litigious Copyright Atty

    NBC urged a New York federal court Thursday not to undo a sanctions order against prolific copyright attorney Richard Liebowitz, saying a private litigant "obviously" cannot revoke a judge's authority to punish lawyers.

  • August 01, 2019

    PTAB Skeptical Reward Points Patent Can Clear Alice Bar

    The Patent Trial and Appeal Board appeared skeptical Thursday that a patent for a reward points program offers a practical application or inventive concept that would be enough to make it eligible under the U.S. Supreme Court’s Alice ruling.

  • August 01, 2019

    Models, Playboy Playmates Win TM Trial With Fla. Strip Clubs

    A federal jury has awarded nine models, including two Playboy Playmates, $150,000 over allegations that two Florida strip clubs used their images in advertising without permission, according to court documents.

  • August 01, 2019

    Beach Apparel Co. Owed Defense Of TM Battle, 4th Circ. Says

    The Fourth Circuit ruled Thursday that Pennsylvania National Mutual Casualty Insurance Co. must continue to defend a North Carolina-based beach apparel company in a dispute over its use of another retailer’s trademark, reversing a lower court’s order.

  • August 01, 2019

    Fed. Circ. Upholds Rejection Of Clothing Maker's 'H' TM

    An athletic apparel company can't register a stylized "H" letter as a trademark for a line of clothing, the Federal Circuit ruled Thursday, saying the company had waived a key argument in its appeal by failing to raise it earlier with the board.

  • August 01, 2019

    Janssen Gets Third Co. To Put Off Invokana Generic

    Hetero Labs Ltd. has agreed to hold off on its generic version of Janssen's diabetes medication Invokana, putting an end to patent infringement litigation in New Jersey federal court.

  • August 01, 2019

    Copyright Small Claims Court Raises Big Questions

    Legislation to create a small claims court for copyright law could be gaining steam after winning approval last month from a Senate committee, but some copyright experts aren't so sure the new system would function as advertised.

  • August 01, 2019

    Fed. Circ. Revives Some VirnetX IP Tied To $1B Apple Verdicts

    VirnetX brought home a victory from the Federal Circuit on Thursday, when the court agreed that the Patent Trial and Appeal Board couldn’t invalidate claims from two patents tied to over $1 billion in jury verdicts against Apple. The full court also refused to revisit one of those verdicts, worth $440 million.

  • August 01, 2019

    Apple Sued Over 'Red Squiggly' Line Under Misspelled Words

    Apple's use of a "red squiggly" line spell check feature in its products landed it in Delaware federal court Wednesday as a company that partnered with the tech giant to develop a precursor to its modern products filed a suit alleging infringement of two of its patents.

  • August 01, 2019

    Korn, Tool Ask To Weigh In On Zeppelin's 9th Circ. Rehearing

    Sean Lennon, musicians from Korn and Tool, and 120 other artists have asked the full Ninth Circuit to let them weigh in on a high-profile copyright lawsuit accusing Led Zeppelin of stealing the intro to "Stairway to Heaven" from an obscure song, saying its decision could impact artists around the world.

  • August 01, 2019

    Bulk of Ill. Doc's Suit Against 'Pill Mill' Imposter May Proceed

    An Illinois physician suing a doctor of the same name can proceed with most of his claims that the "infringer" used his reputation as a pain specialist to illegally prescribe opioids and tarnish his professional standing, a federal judge ordered Thursday.

  • August 01, 2019

    Katy Perry, Others Hit With $2.8M 'Dark Horse' IP Verdict

    Katy Perry, her songwriters and Capitol Records must pony up a combined $2.8 million as fair compensation for copying a musical phrase in a Christian rap song for their own hit single "Dark Horse," a California federal jury ordered Thursday, three days after returning an infringement verdict.

  • August 01, 2019

    1st Patent Apps For AI-Created Inventions Filed In US, Europe

    Patent applications for inventions designed solely by an artificial intelligence machine have been filed in the U.S. and Europe, an English university said Thursday, challenging officials to confront an intriguing legal question: Can AI be recognized as an inventor on a patent?

  • August 01, 2019

    Chamber Backs Altera In 9th Circ. Fight Against IRS Rules

    The U.S. Chamber of Commerce on Thursday threw its support behind chipmaker Altera’s request for the full Ninth Circuit to revisit a split decision to uphold cost-sharing rules, arguing the ruling allowed the IRS to skirt administrative law requirements.

  • August 01, 2019

    Trump Ups Pressure On China With Fresh Tariff Threat

    Expressing frustration over China's sluggishness to strike a sweeping trade deal, President Donald Trump on Thursday said he will set a 10% levy on roughly $300 billion worth of goods, effectively applying a punitive tariff on all Chinese goods shipped to the U.S.

  • August 01, 2019

    Amgen, Teva Antitrust MDL Over Sensipar Going To Del.

    The Judicial Panel on Multidistrict Litigation on Wednesday said a Delaware federal court is the best place to centralize four proposed class actions and one individual complaint accusing drug giants Amgen Inc. and Teva Pharmaceuticals USA Inc. of striking an unlawful deal to pull a generic version of the calcium control drug Sensipar off the market.

  • August 01, 2019

    AVX Can't Shake Greatbatch's $22M Pacemaker Patent Win

    A Delaware federal judge on Wednesday shot down AVX Corp.’s bid to toss a jury's decision that it must pay medical device maker Greatbatch Ltd. $22 million for infringing three pacemaker patents, rejecting its arguments there was no infringement and the damages theory was flawed.

  • August 01, 2019

    GE Must Face ITC And Del. Patent Suits Despite Settlement

    General Electric cannot escape a rival's patent infringement allegations at the U.S. International Trade Commission and in Delaware federal court after a New York federal judge on Wednesday ruled that an earlier settlement did not foreclose either action.

  • August 01, 2019

    3rd Circ. Rules Banana Costume Is Copyrighted

    The Third Circuit ruled Thursday that a New Jersey costume maker could protect a banana costume with copyright law, saying the company was entitled to the "fruits of its intellectual labor."

  • July 31, 2019

    Katy Perry's 'Dark Horse' Costs Diminished Profits, Jury Told

    The cost to promote Katy Perry's "Dark Horse" diminished any profits Capitol Records made from the hit single, a label executive told a California federal jury Wednesday in the damages portion of a copyright trial, while counsel for the rap artists suing Perry pointed out some of those costs included thousands of dollars for her hair styling.

Expert Analysis

  • What To Expect From An Appeal Of FTC V. Qualcomm

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    Any appeal of a California federal judge's ruling in Federal Trade Commission v. Qualcomm will likely raise a number of interesting legal issues at the intersection of antitrust and fair licensing of standard-essential patents, say attorneys at Ropes & Gray.

  • Reports On USMCA Offer Industry-Specific Guidance For Cos.

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    Recent reports from the International Trade Commission and the U.S. Trade Representative have assessed the likely impacts of the U.S.-Mexico-Canada Trade Agreement on the U.S. economy. By reviewing the reports' predictions for their industries, companies can be better prepared in case the USMCA is ratified, say Francesca Guerrero and Kayla Toney of Winston & Strawn.

  • Despite Amarin, ITC May Be Right Prescription For Pharma

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    While the Federal Circuit recently concluded that Amarin Pharma’s Lanham Act claims at the U.S. International Trade Commission were precluded by the Federal Food, Drug and Cosmetic Act, this is a narrow exception to the ITC's broad jurisdiction, say Kecia Reynolds and Alton Hare of Pillsbury.

  • Cooperating With Competitors In The Wake Of Qualcomm

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    It is well-understood that joint business ventures between rivals can bring antitrust risk. But a California federal judge's recent Qualcomm decision underscores the importance of examining the opposite angle — whether refusing to do deals with rivals will trigger antitrust liability, say Amy Gallegos and Julia Kim Hirata at Jenner & Block.

  • The G-20 Agenda: Agreeing On Digital Economy Tax Reform

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    The G-20 summit this month in Osaka, Japan, represents a significant test of the Organization for Economic Cooperation and Development's optimism regarding the progress toward digital economy tax reform, say attorneys at Baker McKenzie.

  • Opinion

    Draft Patent Eligibility Bill Is On The Right Track

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    Members of Congress are developing a pro-innovation bill to clarify Section 101 of the U.S. patent code and should be applauded for undertaking the complex but critically important job of restoring patent law to its pre-2010 state, says Herbert Wamsley, former executive director of the Intellectual Property Owners Association.

  • Class Action Insights From Justices' App Store Opinion

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    The U.S. Supreme Court's recent decision in Apple v. Pepper exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms, and offers an early glimpse into the antitrust approach of Justice Brett Kavanaugh, say Leiv Blad and Rachel Maimin at Lowenstein Sandler.

  • The Role Of Risk Aversion In Reverse-Payment Agreements

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    Contrary to the proposition that brand-name companies’ risk aversion is the chief reason for reverse payments, economic research shows that it is the risk aversion of the generic company that can facilitate partial settlement agreements with reverse payments, says Wenqing Li of Epsilon Economics.

  • Functional Claiming Trends In Post-Williamson Courts

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    As Congress considers codifying the functional-claiming standard announced by the Federal Circuit in its 2015 Williamson v. Citrix patent decision, it’s a good time to explore the impact of Williamson, says Joseph Edell of Fisch Sigler.

  • What To Know About China's New Cybersecurity Inspections

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    A recent law allows Chinese state agencies to perform remote penetration tests on any organization operating in China that conducts internet-related business and uses more than five internet-connected computers. Organizations must be prepared for this unplanned network access or risk irreversible damage, says Jordan Kelly of FTI Consulting.

  • Hatch-Waxman Presuit Considerations For Generics: Part 2

    Excerpt from Lexis Practice Advisor
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    As a generic drug company prepares for patent litigation under the Hatch-Waxman Act, there are key steps to take in the patent certification process, says Janet Linn of Tarter Krinsky.

  • High Court Places Heavy Burden On Bankrupt TM Licensors

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    Last week’s U.S. Supreme Court ruling in Mission Product Holdings v. Tempnology will lead to additional hardship for debtor-licensors, who now must — from the outset of insolvency — decide whether their trademark assets are worth keeping and, if so, how to fund their continued enforcement, says Geoffrey Lottenberg of Berger Singerman.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • Hatch-Waxman Presuit Considerations For Generics: Part 1

    Excerpt from Lexis Practice Advisor
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    In preparing for Hatch-Waxman litigation, the decision to pursue U.S. Food and Drug Administration approval for a particular generic drug requires analysis and weighing of certain economic, scientific and legal factors, says Janet Linn of Tarter Krinsky.

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