Intellectual Property

  • July 31, 2019

    GoPro Loses PTAB Bid To Invalidate 2 Camera Tech Patents

    The Patent Trial and Appeal Board on Wednesday again upheld two patents covering action-sports video cameras, shooting down a pair of challenges from GoPro Inc.

  • July 31, 2019

    Offit Kurman Nabs 4 IP Specialists From Caesar Rivise

    Just weeks after expanding its footprint into the southeast thanks to an affiliation with a Charlotte, North Carolina-based law firm, Offit Kurman PA remains in expansion mode, announcing on Tuesday it has brought on a four-attorney team from intellectual property boutique Caesar Rivise PC.

  • July 31, 2019

    Sharper Image Moves To Scrap PTAB Bid After Court Order

    The company that owns the Sharper Image brand has moved to withdraw its petitions challenging three virtual reality headset patents at the Patent Trial and Appeal Board, after the Federal Circuit upheld a lower court's instruction to do so.

  • July 31, 2019

    Deals Rumor Mill: Cofense, E8 Storage, SESAC

    Talks for BlackRock to buy a stake in cybersecurity firm Cofense have fallen through, Amazon snapped up E8 Storage, and SESAC is slated to price a $560 million bond offering later this week.

  • July 31, 2019

    Fed. Circ. Upholds PTAB Ax Of Avastin Patent

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board ruling that invalidated a patent covering drugmaker Genentech Inc.'s blockbuster cancer drug Avastin.

  • July 31, 2019

    McCarter & English Blasts IP Malpractice Expert's Affidavit

    McCarter & English LLP has blasted a private school's expert affidavit submitted in a legal malpractice action in New Jersey state court over the firm's representation of the school in an intellectual property case, arguing that simply "parrot[ing] back the allegations in the complaint accomplishes nothing."

  • July 31, 2019

    Huawei Urges Fed. Circ. To Revive Wireless Patent

    Huawei Technologies Co. Ltd. has asked the Federal Circuit to revive claims in a wireless technology patent that the Patent Trial and Appeal Board said were obvious, arguing the board combined prior art improperly.

  • July 31, 2019

    Fed. Circ. Upholds Apple's Win Invalidating IPod Dock Patent

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's decision to invalidate an iPod dock patent, cementing a victory for Apple Inc.

  • July 31, 2019

    Celgene To Pay $62M To End Antitrust Suit Over Cancer Drugs

    Pharmaceutical company Celgene Corp. has agreed to fork over $62 million to resolve claims that it has suppressed competition for the brand-name cancer drugs Thalomid and Revlimid by preventing lower-priced generic versions from entering the market.

  • July 31, 2019

    Dish Gets Early $400K Win In Satellite Piracy Suit

    A Massachusetts federal judge on Tuesday ordered a man to pay Dish Network LLC $400,000 for violating federal copyright laws by allegedly trafficking technology that cheated its security system and allowed him and at least 40 others to watch satellite television for free.

  • July 31, 2019

    TV Networks Sue Aereo-Like Streaming Service

    The major television networks filed a copyright lawsuit Wednesday over a streaming service called Locast that retransmits broadcast content to internet users, setting the stage for a potential sequel to the cord-cutting legal battle over Aereo.

  • July 31, 2019

    US, China Will Meet In A Month As Trade Talks Wrap Quietly

    Trade officials from the U.S. and China completed a round of talks in Shanghai on Wednesday with no breakthroughs and no timeline to reach a deal, but committed to holding another negotiating session in the U.S. in early September.

  • July 30, 2019

    DNC Loses Election Hack Suit Against Trump, Russia

    A New York federal judge on Tuesday dismissed the Democratic National Committee’s lawsuit against the Trump campaign, WikiLeaks, the Russian Federation and others over a preelection email hack, finding no viable claim against Russia pursuant to the Foreign Sovereign Immunities Act and that everyone else is protected on First Amendment grounds. 

  • July 30, 2019

    Ex-USPTO Directors, Judges Back Patent Eligibility Overhaul

    Two former directors of the U.S. Patent and Trademark Office joined a pair of retired Federal Circuit chief judges and other prominent figures in signing on to a letter Tuesday urging Congress to pass a law expanding patent eligibility.

  • July 30, 2019

    UC System Targets Retailers In Litigation-Funded IP Blitz

    Amazon, Target, Ikea, Walmart and Bed Bath & Beyond have been illegally importing and selling filament LED lighting that infringes the University of California system's intellectual property, university administrators claimed Tuesday in five patent infringement suits paid for by litigation funder Longford Capital.

  • July 30, 2019

    IBG, Broker Ask High Court To Clarify 'Confusing' CBM Rules

    IBG LLC and Interactive Brokers LLC asked the Supreme Court to weigh in on what constitutes a “technological invention,” an issue that has divided Federal Circuit panels about what patents are eligible for covered business method review at the Patent Trial and Appeal Board.

  • July 30, 2019

    Fed. Circ. Nixes Checking Patent, Undoing $4M US Bank Loss

    The Federal Circuit on Tuesday freed U.S. Bank from a $4.2 million infringement judgment, concluding that the Solutran Inc. checking systems patent it infringed is invalid under the U.S. Supreme Court's Alice decision.

  • July 30, 2019

    Fed. Circ. Backs Retroactive IPRs, But The Fight Isn't Over

    The Federal Circuit ruled Tuesday that it is constitutional for patents issued before the America Invents Act became law to be challenged in inter partes reviews, likely teeing up a U.S. Supreme Court appeal while inviting constitutional questions about other AIA processes.

  • July 30, 2019

    Pharma Cos. Settle Patent Challenge Over Opioid Treatment

    Alkermes PLC and Amneal Pharmaceuticals Inc. headed off their patent spat over Vivitrol, a drug for treating alcohol and opioid abuse, announcing a settlement Monday that called off oral arguments before the Patent Trial and Appeal Board.

  • July 30, 2019

    Merck, Glenmark Rip Zetia Buyers' Par Deal As 'Tactical Move'

    Adding Par Pharmaceutical to multidistrict litigation alleging an illegal pay-for-delay agreement to keep a generic version of cholesterol drug Zetia off the market was just a ploy, Merck and Glenmark said in separate briefs Monday, arguing therapy buyers shouldn't be able to so easily get their deal with Par approved.

  • July 30, 2019

    Katy Perry Owes Cut Of $41M 'Dark Horse' Revenue, Jury Told

    Katy Perry, her songwriters and Capitol Records owe a cut of the $41 million they made from "Dark Horse" as fair compensation for copying a musical phrase in a Christian rap song, a California federal jury heard Tuesday during opening statements of a damages trial following Monday's infringement verdict.

  • July 30, 2019

    Fed. Circ. Won't Rethink Ruling Invalidating 2 Vimovo Patents

    The full Federal Circuit said Tuesday it would not reconsider a May ruling that invalidated two patents on Horizon Pharma's pain reliever Vimovo, leaving in place a decision the drugmaker argued upended years of the court’s own precedent.

  • July 30, 2019

    Kraft Heinz Sues Healthy Foods Co. Over Frozen 'Poppers' TM

    Kraft Heinz is suing a healthy foods company called Real Good Foods for trademark infringement over a line of frozen “Poppers,” claiming it has exclusive rights to the name of the fried snack.

  • July 30, 2019

    Vitamin Maker Must Stop Using 'Sugar Bear Hair' Mark

    A Florida federal judge on Tuesday ordered a China-linked nutritional supplement maker to stop using the trademarked design of a Florida company's "Sugar Bear Hair" gummy vitamins, after the supplement company failed to appear in court to defend itself.

  • July 30, 2019

    Merger Ruling 'Artificially Narrows' IPR Rights, Fed Circ. Told

    ON Semiconductor has warned the full Federal Circuit that a panel removed all certainty over who has the right to petition for inter partes review when it found that a merger with Fairchild Semiconductor rendered ON ineligible to challenge a Power Integrations Inc. patent.

Expert Analysis

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • App Store Opinion Returns Antitrust Enforcement To Its Roots

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    In Apple v. Pepper, the U.S. Supreme Court recently reined in the decades-old "direct purchaser" rule for antitrust claims and reinforced the importance of private antitrust enforcement in the process. But the ruling did not go as far as it could have, says Lauren Weinstein at MoloLamken.

  • Tracking Developments In The Law Of Privilege

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    Three recent federal court cases offer insights on important attorney-client privilege issues: how the common interest doctrine protects disclosures to a third party, the right to compel work product based on “substantial need,” and the privilege questions raised by in-house counsel depositions, say attorneys at Paul Weiss.

  • Pharmaceutical Antitrust Legislation To Watch

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    Congress is currently considering a number of bills that address drug prices by focusing on pharmaceutical and biologics competition, with a particular emphasis on conduct that may be perceived to delay competitive entry, say attorneys at Wilson Sonsini.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • Fed. Circ. Ruling Creates Circuit Split On ITC Preclusion

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    While the recent decision in Swagway v. U.S. International Trade Commission is the first time the Federal Circuit considered the potential preclusive effect of the ITC’s trademark decisions, other circuit courts have addressed it — and come to the opposite conclusion, say Matt Rizzolo and Jim Gaylord of Ropes & Gray.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Trade Secret Protection Is Getting Stronger In China

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    While some U.S. parties have historically hesitated to pursue trade secret misappropriation remedies in China due to concerns about low potential recoveries, bias in the local judiciaries or the lack of discovery, recent developments change the field of play significantly in these areas, say attorneys with Covington.

  • High Court Bankruptcy IP Case May Spur Rejection Litigation

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    In its Mission Product Holdings v. Tempnology decision this week, the U.S. Supreme Court delivered a significant win for trademark licensees, while potentially leaving a larger gray area as to what other contractual rights of nondebtor parties may survive rejection under the Bankruptcy Code, say Laura Davis Jones and Jonathan Kim of Pachulski Stang.

  • 'Recapture' Pitfalls To Avoid During Patent Reissues

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    Innovators can improve the protection offered by a patent by broadening its scope through reissue, but they must be sure not to violate the rule prohibiting recapture of subject matter that was surrendered during original prosecution of the application, say James Buchanan and Ross Hicks of Sterne Kessler.

  • Opinion

    FTC V. Qualcomm Should Be Viewed Through A Wider Lens

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    The U.S. Department of Justice recently stated that a remedy in Federal Trade Commission v. Qualcomm, pending in the Northern District of California, “should work as little injury as possible to other public policies.” The DOJ’s counsel gains added force from provocative evidence in the foreshortened Apple-Qualcomm licensing trial in the Southern District of California, says professor David Teece of the University of California, Berkeley.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Opinion

    Time To Create A Viable Path To Biosimilar Interchangeability

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    Because new U.S. Food and Drug Administration guidance does not adequately address how companies can demonstrate interchangeability for biosimilars, Congress should create an interim step, says Kevin Nelson of Schiff Hardin.

  • Amendments Would Add Clarity To Texas Anti-SLAPP Law

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    If signed into law by the Texas governor, recent amendments to the Texas Citizens Participation Act will offer solutions to resolve the impact the anti-SLAPP law has had on unfair competition lawsuits in the state. The changes include several notes of interest for Texas practitioners, says Matthew Simmons of Littler Mendelson.

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