Intellectual Property

  • January 17, 2018

    Argentum Wins Invalidation of J&J Unit’s Cancer Drug Patent

    The U.S. Patent Trial and Appeal Board ruled Wednesday that a patent for Johnson & Johnson’s Zytiga prostate cancer drug described an obvious process, invalidating the last remaining patent blocking Argentum Pharmaceuticals LLC from making a generic version of a product that reaped $2.26 billion in sales in 2016.

  • January 17, 2018

    Merck, Glenmark Stifled Cholesterol Drug Market, Suit Says

    Merck & Co. and generics manufacturer Glenmark Pharmaceuticals Inc. were hit with a putative class action in Virginia federal court Wednesday claiming an agreement to keep a generic version of cholesterol treatment Zetia off the market for five years created an unlawful monopoly.

  • January 17, 2018

    DraftKings, FanDuel Blast Student-Athlete Appeal In IP Row

    DraftKings and FanDuel urged the Seventh Circuit on Tuesday to shut down a bid by student-athletes to block the fantasy leagues from using the players' names and likenesses, arguing that an Indiana law clearly allows the practice.

  • January 17, 2018

    Grant & Eisenhofer Opens IP Practice With Reed Smith Hire

    Grant & Eisenhofer PA announced Wednesday that it has snagged a Reed Smith LLP partner to work as a director at its Wilmington, Delaware, office, marking the firm’s official foray into intellectual property law.

  • January 17, 2018

    Live Nation Can’t Get PTAB To Review Ticket-Resale Patent

    The Patent Trial and Appeal Board declined Tuesday to institute post-grant review of a patent covering technology related to the resale of event tickets, finding Live Nation’s invalidity arguments were too similar to ones considered during the prosecution of a related patent.

  • January 17, 2018

    PTAB 'Printed Publication' Scrutiny Can Trip Up Challengers

    The Patent Trial and Appeal Board has stringent requirements for when printed publications like thesis papers can be used to challenge patents, and zeroing in on them is an effective way for patent owners to defeat challenges. Here's a primer on the board's handling of this key America Invents Act review issue.

  • January 17, 2018

    Chamber Backs GSK In 3rd Circ. Flonase Rehearing Bid

    Letting Louisiana bring claims that GlaxoSmithKline PLC blocked generic versions of its Flonase nasal spray, after the state was involved in a class settlement over the same allegations, would “deal a major blow” to such deals, the U.S. Chamber of Commerce told the Third Circuit on Tuesday.

  • January 17, 2018

    Mercedes-Benz Settles QR Code Patent Suit

    Mercedes-Benz USA LLC has settled a patent infringement lawsuit brought by a Texas company over QR code technology after the automaker successfully moved the case to Georgia, according to court records filed Wednesday.

  • January 17, 2018

    MGM Wants Fees After Magazine's 'Baseless' Trademark Suit

    MGM Studios is demanding to have its legal bills repaid after a beating a “baseless” trademark lawsuit filed over the brief appearance of a sports magazine in a movie, saying the case “never should have been prosecuted, much less filed.”

  • January 17, 2018

    Court Couldn't Hear Firm's Trademark Case, 7th Circ. Told

    Seventh Circuit arguments over court costs awarded to a wealth management firm that won a trademark case against a similarly named outfit focused almost entirely on jurisdiction Wednesday, with counsel for the losing side insisting that the lower court should have never heard the case to begin with.

  • January 17, 2018

    Author Says Texas A&M Athletics Can't Avoid Copyright Suit

    An author accusing Texas A&M University and its athletic department of publishing a story he wrote on the origin of the school football team's famous "12th man" tradition without permission fired back at the school’s bid to dodge the suit on Wednesday, arguing it can't avoid liability for infringing his copyright by arguing sovereign immunity.

  • January 17, 2018

    Hep C Meds Patent Row Can't Stay In Minn., Fed. Circ. Says

    The Federal Circuit on Wednesday refused to order that a patent lawsuit brought by the University of Minnesota against Gilead Sciences Inc. over hepatitis C medications be allowed to remain in the North Star State, leaving in place a ruling that found that storage lockers leased by Gilead did not create a place of business.

  • January 17, 2018

    Redbox Calls Disney Copyright Suit 'Anti-Competitive'

    Redbox is pushing back on a copyright lawsuit from Walt Disney aimed at blocking the movie rental company from selling digital films at its kiosks, blasting the case Tuesday in California federal court as an attempt to “thwart competition and require consumers to pay higher prices.”

  • January 17, 2018

    Drugmaker Urges Full Fed. Circ. To Kill USPTO Fee Rule

    A drugmaker challenging the U.S. Patent and Trademark Office’s controversial new policy on attorneys’ fees urged the full Federal Circuit on Tuesday to rule that the novel approach is a violation of the so-called American Rule.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 16, 2018

    Fed. Circ. Revives Bid To Bar L'Oreal Products In IP Row

    The Federal Circuit on Tuesday vacated a Delaware federal judge’s denial of a bid to temporarily stop L’Oreal from continuing to sell products that allegedly infringe a patent that covers a method for protecting hair during the dyeing process.

  • January 16, 2018

    Fed. Circ. Clarifies But Won't Redo AIA On-Sale Bar Ruling

    The Federal Circuit on Tuesday said it won’t reconsider invalidating four Helsinn Healthcare SA nausea drug patents in a ruling over the scope of the America Invents Act's on-sale bar, but clarified that its decision isn’t as extreme as the intellectual property world feared.

  • January 16, 2018

    Uber Slams Waymo's Hidden-Evidence Claims As 'Whining'

    Uber has rejected Waymo’s claims that it intentionally withheld key discovery documents in a California federal lawsuit, telling Waymo to “stop whining, and try its case,” which alleges that Uber stole its self-driving car technology.

  • January 16, 2018

    Voip-Pal Says Apple's Sanctions Bid At PTAB 'Absurd'

    Voip-Pal.com Inc., which earlier beat back Apple Inc.’s challenges to two patents for Voice over Internet Protocol technology, on Friday characterized as "absurd" the company's bid for sanctions after it alleged Voip-Pal tainted Patent Trial and Appeal Board proceedings with a series of behind-the-scenes communications.

  • January 16, 2018

    Fed. Circ. Affirms Patent Win For 'Warcraft' Maker, Others

    The Federal Circuit summarily affirmed on Tuesday a Delaware federal judge’s ruling that “World of Warcraft” maker Blizzard Entertainment and other video game makers did not infringe a Parallel Networks patent on downloading and installing software.

Expert Analysis

  • IPR Appeals In 2017: The Outcomes In Remands To PTAB

    Kerry Taylor

    One reason why there were few 2017 inter partes review remand decisions that reached the same result as the pre-remand decisions may be that the Federal Circuit has left less room for the Patent Trial and Appeal Board to do so, say Kerry Taylor and Clayton Henson of Knobbe Martens.

  • Oil States Patent Dispute Will Affect Bankruptcy Courts

    Benjamin Feder

    A patent dispute before the U.S. Supreme Court this term, Oil States v. Greene’s, concerns the limits of Congress’ ability to create courts under Article I and therefore raises separation-of-power issues similar to those in Stern v. Marshall, where the Supreme Court limited the authority of the bankruptcy courts, says Benjamin Feder of Kelley Drye & Warren LLP.

  • IPR Appeals In 2017: The Pendency And Success Rates

    Kerry Taylor

    To help litigants forecast the amount of time an inter partes review appeal will take, attorneys with Knobbe Martens analyzed each IPR appeal decided by the Federal Circuit over the last year and compiled statistics.

  • A Definiteness Reminder For Pharmaceutical Patent Drafters

    Brian Trinque

    The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • Martin Luther King Jr. And Copyright: 5 Things To Know

    David Kluft

    Monday is Martin Luther King Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister. Although copyright is not — and should not be — the first thing that comes to mind when we think of King, his legacy's impact on copyright law ought to be somewhere on the list, says David Kluft of Foley Hoag LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • The Latest Fed. Circ. Approach To 'Inference Of Intent'

    Francis C. Lynch

    The Federal Circuit's recent denial of further review in Regeneron v. Merus means that it is now established law that an adverse inference of wrongful intent can, in some circumstance, be drawn as a sanction for litigation misconduct without satisfying two Therasense requirements for making inferences of wrongful intent, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.