Intellectual Property

  • May 26, 2020

    Judge Lets Defense Firm Exit Fee Spat With Ex-Novak Attys

    A D.C. federal judge on Saturday allowed a law firm representing a group of former Novak Druce partners without "any promise" of being paid to leave the defense table.

  • May 26, 2020

    ITC Asks Justices To Send Patent Dispute Back To Fed. Circ.

    The International Trade Commission asked the U.S. Supreme Court on Tuesday to send a patent dispute involving Comcast set-top boxes back to the Federal Circuit to be reconsidered since the ITC's orders blocking the importation of the boxes have expired, making the case moot.

  • May 26, 2020

    VirnetX Insists Apple Can't Restart IPR Fight Under Arthrex

    VirnetX urged the Patent Trial and Appeal Board to dismiss assertions by Apple and Mangrove Partners that patent disputes between the companies were improperly included in the board's blanket order temporarily halting the cases until the U.S. Supreme Court decides whether to take up the Arthrex decision.

  • May 26, 2020

    High Court Won't Review GE, Teva Patent Appeals

    The U.S. Supreme Court refused Tuesday to take up an appeal by General Electric over the Federal Circuit's "rigid rules" on who can contest an unsuccessful patent challenge, as well as a Teva unit's appeal of a written description ruling that it claimed could lead to "perverse consequences."

  • May 26, 2020

    Justices Won't Review Oil Survey Data Infringement Row

    The U.S. Supreme Court on Tuesday declined to consider a dispute over the alleged infringement of copyrighted seismic data brought by a Canadian oil exploration company against its U.S. competitor.

  • May 26, 2020

    Shkreli, Vyera Look To Duck Monopolization Claims

    Martin Shkreli and a company that the incarcerated former pharmaceutical executive founded have urged a New York federal court to toss allegations from state and federal enforcers that they monopolized the market for a drug used to treat potentially fatal parasitic infections.

  • May 26, 2020

    Cisco, Finjan IP Trial Delayed Until October Due To Pandemic

    A California federal judge on Tuesday delayed a trial in Finjan's patent infringement suit against Cisco from June until October because of the coronavirus pandemic, saying she had "high hopes" it would be the first civil jury trial in the district, but the court's "enormous backlog" of criminal cases takes priority.

  • May 26, 2020

    New USPTO Rule Would Codify All-Or-Nothing AIA Reviews

    The U.S. Patent and Trademark Office on Tuesday said it wants to codify the practice of only instituting America Invents Act reviews if the Patent Trial and Appeal Board reviews every challenged claim on every ground raised by the petitioner.

  • May 26, 2020

    Sharon Stone Settles With 'Sharon Stoned' Rapper

    Actress Sharon Stone settled a lawsuit she had leveled against the rapper and MTV personality Chanel West Coast over her song "Sharon Stoned," according to a Friday filing, which notes that the dispute has been resolved to the parties' mutual satisfaction pursuant to a confidential settlement agreement.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Law Firms Urged To Move Past Standard Data Breach Scripts

    Law firms should tell clients if their sensitive data has been exposed even if it's unclear whether the law requires them to do so, a new report from a coalition of legal industry stakeholders says.

  • May 22, 2020

    COVID-19 IP Catch-Up: Courts Divided On Getting IP To Trial

    Intellectual property proceedings impacted by the COVID-19 pandemic have been pressing along on different timelines throughout the country, with live oral arguments resumed for a case in Michigan, trials further delayed in California and witnesses allowed to stay home in New York. The Federal Circuit, taking the state-by-state unpredictability into account, has called off in-person arguments indefinitely. 

  • May 22, 2020

    Logistics Co.'s Patent App Fight Gets No Support At Fed. Circ.

    The Federal Circuit affirmed Friday that three challenges tied to the rejection of a shipping logistics company's patent applications can't be heard, as two are appealing nonfinal orders and the third is barred by the statute of limitations.

  • May 22, 2020

    Ex-Fed. Circ. Chief Urges Full Court To Clarify Alice Test

    Former Federal Circuit Chief Judge Paul Michel has urged the court he served on for two decades to clarify what he called its "starkly inconsistent" tests for determining whether a patent is invalid under Alice, throwing his support behind the en banc rehearing requested by Customedia in a dispute with Dish Network.

  • May 22, 2020

    'Painfully Honest' Atty Fights Discovery Sanctions In IT Row

    An attorney facing possible sanctions over discovery missteps has told a California federal court that he had been "painfully honest" about his former client's ability to comply with the court's orders in the legal fight between two information technology companies.

  • May 22, 2020

    CBD Trade Secret Suit Axed Over Hemp Co.'s Lack Of Counsel

    A Florida federal judge has thrown out a hemp company's trade secrets suit after it failed to hire new counsel, ending the company's claims that former collaborator Medterra CBD was profiting off a stolen formula for CBD body cream.

  • May 22, 2020

    FDA Approves Hikma's Generic Vascepa Amid Fed. Circ. Fight

    Hikma Pharmaceuticals on Friday announced that the U.S. Food and Drug Administration has approved its generic version of Amarin Pharma Inc.'s heart drug Vascepa, amid the companies' ongoing patent battle at the Federal Circuit.

  • May 22, 2020

    Pfizer, Ranbaxy Sued Over Delay Of Generic Lipitor

    Pfizer Inc. and Ranbaxy Inc. were hit Friday with a proposed class action alleging drug wholesalers overpaid billions of dollars for the high-cholesterol medicine Lipitor because of a purported pay-for-delay scheme to stifle generic competition.

  • May 22, 2020

    Lamborghini Scores $6M TM Win Against Argentine Co. Owner

    A Virginia federal judge on Thursday granted default judgment in favor of Lamborghini, awarding the Italian luxury automaker $6 million in damages in a trademark infringement suit against the owner of an Argentinian company accused of selling counterfeit Lamborghini merchandise.

  • May 22, 2020

    Justices Told Not To Hear Doctrine Of Equivalents Challenge

    The U.S. International Trade Commission and Japanese food conglomerate Ajinomoto are urging the U.S. Supreme Court to keep a Federal Circuit rule on when patent infringement can be found under the doctrine of equivalents, the latest two to weigh in on the closely watched issue.

  • May 22, 2020

    Ill. Court Resumes Insurance Co.'s Sport Merch Coverage Suit

    Pekin Insurance Co. doesn't have to wait for a federal case involving allegedly improper high school state sports finals merchandise to move forward, with a state court case to determine its coverage obligations, an Illinois state appellate panel said Thursday.

  • May 22, 2020

    'Glee' School Copyright Fight Headed To Supreme Court

    A music company that sued the high school known for inspiring the television series "Glee" is planning a trip to the U.S. Supreme Court, where it will challenge a Ninth Circuit ruling that blasted the company for its "aggressive litigation strategy."

  • May 22, 2020

    CFC Orders Trial On Armored Vehicle Infringement Case

    A federal judge ordered a trial on claims that the government shared a contractor's protected armored vehicle technology with other firms, saying there are uncertainties that prevent him from going with his inclination to hand the U.S. a win.

  • May 22, 2020

    Fox Rothschild Nabs Employment Litigator From Akerman

    Fox Rothschild LLP has boosted its employment law footprint in California by adding a seasoned litigator from Akerman LLP whose experience runs the gamut from discrimination cases to trade secret issues.

  • May 21, 2020

    Tesla Investor Latest To Sue Elon Musk For Libel By Tweet

    A Tesla investor who runs the law website PlainSite became the latest person to sue CEO Elon Musk for libel by tweet on Wednesday, alleging Musk and another man perpetuated false allegations against him and his family for months to service "one of the largest securities frauds in American history."

Expert Analysis

  • Accelerating Regulatory Reform For Replica Vehicles

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    Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Keys To Success Through Secondary Considerations At PTAB

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    Three cases show that the Patent Trial and Appeal Board is perhaps now more willing to find secondary consideration arguments persuasive in inter partes reviews and appeals from examination and reexamination, say Michael Kiklis and Matthew Zapadka at Bass Berry.

  • Opinion

    Google's Fair Use Defense At High Court Is Disingenuous

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    Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.

  • Tips For Accelerating Patent Prosecution In China

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    In light of recent Chinese patent statistics showing at least eight to 10 months to first office action and an average of 22.7 months to final disposition from the date of filing, there are several strategies applicants may explore to speed through examination, say Aaron Wininger at Schwegman Lundberg and Lei Tan at Pujing Chemical.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Increasing Fed. Circ. IPR Appeals Are Shaping Patent Law

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    Exponentially increasing appeals of inter partes reviews from the U.S. Patent and Trademark Office, alongside declining appeals from district courts, is significantly shaping patent law from the level of deference applied by the Federal Circuit to burdens of proof and claim construction standards, say Debbie McComas and Eugene Goryunov at Haynes and Boone.

  • How Pandemic-Related Delays Affect Hatch-Waxman Litigants

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    If delays caused by the pandemic leave parties unable to resolve Hatch-Waxman litigation prior to the expiration of the 30-month stay, branded drug manufacturers have options for avoiding an at-risk launch, say attorneys at Fish & Richardson.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • A Primer On Foreign Judgment Enforcement In Canada

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    Given the expected rise in disputes between U.S. and Canadian companies due to the pandemic, David Ziegler at Fasken Martineau breaks down the factors Canadian courts consider when determining whether to recognize and enforce a judgment from a U.S. or other foreign court.

  • Patent Litigation May Be On The Rise During Pandemic

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    While much of the economy and litigation in general came to a halt in March, the number of patent cases — ostensibly lucrative and viable to initiate and advance remotely — filed seems to have at least held steady and possibly experienced a recent uptick, say attorneys at Stris & Maher.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Revisiting Proposed Solution To State Immunity From IP Suits

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    The U.S. Supreme Court's recent ruling in Allen v. Cooper that states cannot be sued for copyright infringement invites reconsideration of former Register of Copyrights Marybeth Peters' proposal to condition states' exercise of intellectual property rights on waiving sovereign immunity, says Sarah Fink at Wilson Elser.

  • 7 Tips On Using Data To Improve Corporate IP Amid Slowdown

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    Experience working through past recessions suggests that companies should strategically reevaluate their intellectual property through data collection and analysis to improve the breadth and adaptability of their portfolios, says Robert Kramer at Finnegan.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

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