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Intellectual Property

  • July 19, 2018

    Philips Accused Of Patent ‘Holdup’ In Cell Tech Antitrust Suit

    A Swiss tech company slapped Philips with an antitrust lawsuit Thursday in California federal court, claiming the Dutch multinational reneged on its pledges to license its standard-essential cellular technology patents on fair, reasonable and nondiscriminatory terms.

  • July 19, 2018

    Ex-RIAA Exec Joins Coblentz Patch IP Practice

    The Recording Industry Association of America's former senior vice president of litigation and legal affairs is joining the San Francisco-based Coblentz Patch Duffy & Bass LLP as a partner, the firm announced Wednesday.

  • July 19, 2018

    Wine Storage Co. Sees Counterclaims Trimmed In IP Suit

    A New York federal judge on Thursday axed Vinotemp International Corp.’s counterclaim that a rival infringed its design patent for the face of a wine rack shelf after holding that no ordinary person would find the items substantially similar, but concluded that the company’s trade dress allegation was plausible.

  • July 19, 2018

    Genomic Cancer Testing Cos. Settle IPRs, Infringement Suit

    Foundation Medicine Inc. and Guardant Health Inc. have agreed to settle litigation in Delaware federal court accusing Guardant of infringing a patent for harnessing a patient's genome to help treat cancer, along with three related challenges at the Patent Trial and Appeal Board, the companies announced Wednesday.

  • July 19, 2018

    Senate Passes Bill Boosting Patent Outreach To Small Biz

    The U.S. Senate has passed a bipartisan bill that aims to help small businesses protect their intellectual property by boosting educational resources explaining how to obtain and protect patents, particularly in foreign markets, according to a statement Thursday from the Senate Committee on Small Business and Entrepreneurship.

  • July 19, 2018

    PTAB Denies Alice Challenges To Doc Retrieval Patents

    The Patent Trial and Appeal Board rejected challenges from a group of financial services firms to two document retrieval patents Thursday, finding their arguments that the patents are invalid under the Supreme Court’s Alice test too closely resembled those made separately by Fidelity Information Services LLC.

  • July 19, 2018

    Protein Powder Co. Sues Rival Over 'Organic Protein' TM

    A maker of protein powder accused a rival of misleading consumers and infringing on its organic protein trademark by using deceptively similar packaging on its own products, according to a suit filed in California federal court Wednesday.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees on Wednesday that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    CDK Seeks Arbitration Or Toss Of Dealership Claims In MDL

    Software provider CDK Global LLC asked an Illinois federal court on Wednesday to either compel arbitration or dismiss claims against it by the car dealership class in multidistrict litigation alleging it monopolized access to data in software licensed to car dealerships, saying the dealers don’t have standing as indirect purchasers of applications that utilize the data.

  • July 19, 2018

    Nike Gets Default Win In TM Suit Over Counterfeit Shoes

    A New Jersey federal judge handed a win Wednesday to Nike Inc. in a lawsuit against several shipping companies who helped transport thousands of counterfeit shoes from China to the United States.

  • July 19, 2018

    Genentech Drops Bid For White & Case Samsung Docs

    Genentech Inc. told a New York federal judge Wednesday that it was dropping its suit seeking documents from White & Case LLP that would help it fight an effort by Samsung Bioepis Co. Ltd. to sell a drug in Europe that would compete with its blockbuster cancer drug Herceptin.

  • July 19, 2018

    AbbVie Judge Rejects Interest Hike On AndroGel Penalty

    AbbVie Inc. got a partial win in Pennsylvania federal court on Wednesday when a judge rejected a nearly 57 percent interest hike that the Federal Trade Commission proposed for the drugmaker's $448 million penalty over alleged sham AndroGel patent lawsuits.

  • July 19, 2018

    5th Circ. Kills Trademark Suit Over 'Cowboy' Bourbon

    The Fifth Circuit on Wednesday refused to revive a failed trademark case that aimed to block a Texas distillery named Garrison Brothers from using "cowboy" on bourbon bottles, ruling the name abandoned.

  • July 19, 2018

    ITC To Probe Powered Cover Plates From China

    The U.S. International Trade Commission will investigate powered cover plates containing built-in light sensors and USB chargers after a Utah company accused several companies located in the U.S. and China of selling knockoffs that infringe four of its patents, the agency announced on Wednesday.

  • July 19, 2018

    Kim Kardashian's Perfume Line Targeted in Trademark Spat

    A Chicago-based marketing company has sued Kim Kardashian West's fragrance line in Illinois federal court, claiming the reality star's new perfume "Vibes" infringes the company's trademarked name and logo.

  • July 19, 2018

    Nikon Didn't Infringe Carl Zeiss Patents, Calif. Jury Says

    A California federal jury on Thursday cleared Japanese camera giant Nikon of allegations by lensmaker Carl Zeiss and semiconductor equipment maker ASML that Nikon digital cameras infringe two patents protecting electronic image capture technology.

  • July 18, 2018

    BladeRoom Wants Emerson IP After $30M Trade Secrets Win

    BladeRoom Group Ltd. urged a California federal judge Wednesday to block Emerson Electric Co. from peddling data center components created using its stolen trade secrets and reassign a patent related to the building technology on top of the $30 million verdict it won at trial.

  • July 18, 2018

    PTAB Urged To Review CRISPR Gene-Editing Patent

    An agriculture biotech company on Tuesday urged the Patent Trial and Appeal Board to invalidate a patent related to gene-editing technology CRISPR-Cas9 that is held by the Massachusetts-based Broad Institute, arguing that the asserted claims are either indefinite or obvious.

  • July 18, 2018

    FDA Chief Blames Big Pharma For 'Anemic' Biosimilars Sales

    The U.S. Food and Drug Administration’s leader on Wednesday placed blame on Big Pharma for the “anemic” biosimilars market and floated a four-part plan for strengthening sales of the copycat medicines.

  • July 18, 2018

    Bed Bath & Beyond Blocked From Selling Water Balloon Toy

    An Eastern District of Texas federal judge has temporarily blocked Bed Bath & Beyond from selling a toy that rapidly fills multiple water balloons at once and is claimed to infringe patents held by Tinnus Enterprises, the maker of a similar product.

Expert Analysis

  • The Role Of IP In The Crypto Bubble

    Aaron Parker

    Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

  • Del. Ruling Offers Trade Secret Reminders For Startups

    Josh Fowkes

    The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Praxair's New Twist On Subject Matter Ineligibility

    Paul Zagar

    Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Judge Kavanaugh On Intellectual Property

    Van Lindberg

    What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.

  • Prepare For New Claim Construction Standard At PTAB

    Matt Kamps

    The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.