Intellectual Property

  • July 13, 2021

    Gilstrap Throws Out US Inventor's Fintiv Challenge

    U.S. District Judge Rodney Gilstrap on Tuesday dismissed U.S. Inventor's challenge to Patent Trial and Appeal Board precedent allowing the board to turn away America Invents Act reviews based on the timing of co-pending district court litigation and lectured the organization for misdirecting its political goals.

  • July 13, 2021

    Judge Tells Attys IP Testimony Is 'Dense,' But 'It's Your Case'

    A California federal judge presiding over a jury trial over claims Novartis infringed a Daiichi Sankyo subsidiary's billion-dollar skin cancer treatment patents questioned the usefulness of the day's "dense" trial testimony about chemistry and molecular structures, but told the attorneys, "It's your case."

  • July 13, 2021

    Traps, Thickets And Hops: Sens. Pin Down Drug Price Culprits

    A Senate panel Tuesday examined ways to restrain sky-high U.S. drug prices, including possible legislation to clamp down on suspect industry practices such as branded product "hopping," patent thickets and rebate traps.

  • July 13, 2021

    EU Mulling Changes To Standard-Essential Patents Policy

    The European Commission has announced that it is working on creating a more balanced licensing framework for standard-essential patents, saying that the current system is "not transparent, predictable and efficient."

  • July 13, 2021

    Pasadena Beats Trademark Lawsuit Over Rose Bowl

    A federal judge on Tuesday dismissed a trademark lawsuit filed by college football's Rose Bowl against the game's California host city of Pasadena, ruling that a single Instagram reference to the game was a so-called nominative fair use.

  • July 13, 2021

    Fed. Circ. Won't Revive Patent Suit Against Sleep Number

    The Federal Circuit on Tuesday affirmed a Texas federal court's finding that Sleep Number did not infringe a pair of a competitor's mattress patents, agreeing with the lower court's interpretation of a key phrase relating to body pressure.

  • July 13, 2021

    Judge Rules In Dating App Fight: It's Not You, It's Your Patent

    A New York federal judge on Tuesday sided with the developer of popular dating apps SCRUFF and Jack'd in its declaratory judgment action against a patent-holding company, finding that a patent on determining personal compatibility is invalid because "asking and answering questions to determine compatibility is not novel."

  • July 13, 2021

    Fed. Circ. Partly Revives PlayStation IP Suit Against Sony

    The Federal Circuit on Tuesday revived part of a suit Bot M8 LLC brought against Sony Corp. in a patent fight over PlayStation games, finding that a California federal judge wrongly determined the infringement allegations over two of five asserted patents were insufficient.

  • July 13, 2021

    Delta Pilot Says Airline Stole Billion-Dollar Crew-Texting IP

    A veteran Delta Air Lines pilot claims the company and its top brass stole his idea for a text-based crew communication system that would prevent flight delays and save the company tens of millions of dollars annually, according to a trade secrets suit filed Monday in Georgia state court.

  • July 13, 2021

    PTAB Won't Review Amgen Patent On Chemotherapy Drugs

    Amgen has escaped an attempt to torpedo a patent that covers its chemotherapy-easing drugs Neupogen and Neulasta after the Patent Trial and Appeal Board found Lupin's challenge failed to prove any of the patent's claims were not patentable.

  • July 13, 2021

    Teva Says Rival Hoarding Drug To Slow Generic Development

    A Teva Pharmaceuticals subsidiary on Tuesday accused Amicus Therapeutics Inc. of hoarding supplies of a costly brand-name medication, in violation of a new federal law aimed at providing generic-drug makers with predictable supplies of new medicines to aid in bringing unbranded alternatives to market.

  • July 13, 2021

    Ga. University Tells High Court To Reject Sportswear TM Row

    A Georgia university is asking the U.S. Supreme Court to turn away a petition by a sportswear company seeking to overturn a permanent ban on its use of trademarks belonging to the school.

  • July 13, 2021

    Peloton Buyer's 'Puzzling' Errors Doom NY False Ad Claims

    A Michigan woman's New York false advertising claims against Peloton Interactive Inc. were permanently tossed Monday due to "puzzling" deficiencies in a revised class suit alleging the stationary bike giant lied to consumers about its "ever-growing" library of online fitness classes.

  • July 13, 2021

    Apple Beats 'Memoji' Trademark Case At 9th Circ.

    The Ninth Circuit on Tuesday rejected a trademark lawsuit against Apple over the use of "Memoji" for its customizable avatars, ruling that a smaller company had rushed to use the name merely so that it could sue the tech giant.

  • July 13, 2021

    Fed. Circ. Lets Albright Keep Oil Drilling Patent Suit In WDTX

    The Federal Circuit on Tuesday backed U.S. District Judge Alan D. Albright's decision not to transfer a patent lawsuit over oil drilling technology from the Western District of Texas to the Southern District, unmoved by arguments that South Texas was the "overwhelmingly more convenient forum."

  • July 13, 2021

    Fed. Circ. Told 10X's IP Loss At Odds With Minerva Ruling

    10X Genomics is asking the Federal Circuit to review a panel's decision upholding a ruling that the startup infringed Bio-Rad's patents on microfluidic chips used for genetic sequencing, arguing that it can't stand in light of the U.S. Supreme Court's Minerva v. Hologic ruling that narrowed a doctrine blocking inventors from challenging their own patents.

  • July 13, 2021

    Firms With Same Name Settle TM Suit After Transfer Order

    Two law firms with virtually the same name have settled their trademark dispute, days after a Florida federal court determined that their case needed to be handled in Colorado rather than in the Sunshine State.

  • July 13, 2021

    Roche Invalidates Competitor's Insulin Pump IP In UK Suit

    A judge handed a two-part win to Roche in an intellectual property dispute brought by a rival insulin pump maker, saying the pharmaceutical giant's device didn't infringe on Insulet's patent while invalidating the patent for being divulged by an earlier invention.

  • July 13, 2021

    Crocs Sues Walmart, Hobby Lobby Over Look-Alike Shoes

    Crocs Inc. is launching a new front in its war against look-alike plastic clogs, filing federal infringement lawsuits against Walmart, Hobby Lobby and a slew of other companies.

  • July 13, 2021

    Google Fined €500M By France In News Copyright Dispute

    France's antitrust watchdog said on Tuesday that it has hit Google with a €500 million fine ($590 million) for breaching injunctions and unfairly negotiating with the country's news publishers in a copyright row.

  • July 12, 2021

    Meet JPML's Favorite Judge, Tasked With New Opioid MDL

    A new assignment by the Judicial Panel on Multidistrict Litigation has vaulted a California federal judge into solo first place as the nation's most prolific manager of MDLs — and into the legal limelight overseeing opioid crisis cases of virtually unmatched urgency.

  • July 12, 2021

    Daiichi Sankyo Unit Says Rival Infringed IP As Trial Opens

    Counsel for a Daiichi Sankyo subsidiary told a California federal jury during trial openings on Monday that Novartis owes royalties for selling drugs that allegedly infringe its billion-dollar skin cancer treatment patents, while Novartis' attorney countered that his client should pay nothing because the patents are invalid.

  • July 12, 2021

    Court Grants Delay But Not Stay In Suit Against Alan Parsons

    A Florida judge declined Monday to pause a state court suit filed against Grammy-winner Alan Parsons' company by his former promoter while the two duke it out in federal court over alleged "knockoff" concerts that Parsons says used his name without authorization.

  • July 12, 2021

    'Borat' Star Says Weed Co. Burned Him With Billboard Cameo

    "Borat" star Sacha Baron Cohen filed a $9 million suit in Massachusetts federal court Monday against a cannabis dispensary that plastered an image of his character on its billboard without permission, saying he has never used cannabis and that the ad constitutes false endorsement and copyright infringement.

  • July 12, 2021

    Venable Adds 5 Intellectual Property Partners From Dentons

    Venable LLP has brought on a five-person team of former Dentons partners to its intellectual property department, the firm announced Monday.

Expert Analysis

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • How Companies Should Respond To Patent Diversity Bill

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    A recent bipartisan patent bill aiming to narrow the gender and diversity gap of inventors offers companies an opportunity to consider whether and how to comply with the proposed collection of demographic data and to take several independent steps to increase inventor diversity, says Margaret Welsh at Baker Botts.

  • Are Nonfungible Tokens Securities?

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    The recent explosion of interest in nonfungible tokens has led to questions about their status under federal securities law, but whether an NFT's uniqueness is enough to mean it's not a security is a complicated question that may hinge on the particular facts and circumstances of each transaction, says Joseph Hall at Davis Polk.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

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    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • High Court Oracle Copyright Ruling Is A Boon For Innovation

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    The U.S. Supreme Court's ruling on Monday that Google made fair use of the declaring code of Oracle's Java application programming interface should encourage development of new code based on existing APIs and spur technological growth, say attorneys at Cadwalader.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Ways Universities Can Improve Foreign Influence Compliance

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    U.S. universities should take practical steps to monitor and effectively manage compliance risks related to collaborative research relationships with China, given the likelihood of continued scrutiny under the Biden administration, says Robert Roach at Guidepost Solutions.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Reaching The Post-Amgen High Bar For Antibody Patents

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    Although patenting antibodies has become more challenging after the Federal Circuit's recent decision in Amgen v. Sanofi imposed a higher standard for disclosures, many options remain for obtaining robust protection, including filing multiple claim scopes and filing multiple patents temporally, says Joanna Brougher at BioPharma Law.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • US Advance Pricing Agreements, Amid COVID And Before

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    Steptoe & Johnson's Matthew Frank, former director of the U.S. Advance Pricing Agreement Program, shares insights from an Internal Revenue Service report revealing an uptick in APA completions amid the pandemic, discusses trends over the program's 30-year history, and suggests ways taxpayers and the IRS could bolster program participation.

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