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Intellectual Property

  • November 20, 2018

    Dr. Reddy’s, Mylan Win Challenge To Arthritis Drug Patents

    A New Jersey federal judge on Monday invalidated patents covering Horizon Pharma Inc.’s arthritis drug Vimovo in its suit against Dr. Reddy’s Laboratories Inc. and Mylan Pharmaceuticals Inc. over their plans to manufacture and market generic versions, finding a claim term in the patents to be indefinite.

  • November 20, 2018

    USTR Slams Chinese IP Policies Ahead Of Trump-Xi Meeting

    Just days before President Donald Trump is slated to sit down with Chinese President Xi Jinping to discuss ongoing tariffs, U.S. Trade Representative Robert Lighthizer said Beijing has not taken any steps to end policies that purportedly abuse U.S. intellectual property and support the illegal gathering of technology.

  • November 20, 2018

    Fed. Circ. Says Analysis Lacking In Nix Of Quillivant IP

    The Federal Circuit ruled Tuesday that a Delaware federal court failed to adequately explain why it invalidated patent claims covering Tris Pharma Inc.’s ADHD treatment Quillivant XR, breathing new life into the drugmaker’s infringement lawsuit against a unit of Teva Pharmaceuticals.

  • November 20, 2018

    Strasburger & Price Win Over $161M Malpractice Suit Affirmed

    A Texas appeals court on Monday declined to revive a $161 million malpractice suit against Strasburger & Price LLP and another firm, saying the firm hadn't established an attorney-client relationship when the statute of limitations ran out in the underlying suit it allegedly bungled, and that the firm likely could not have prevented that suit's failure.

  • November 20, 2018

    Fed. Circ. Lifts Block On Dr. Reddy's Suboxone Generic

    The Federal Circuit on Tuesday vacated an injunction that blocked Dr. Reddy's Laboratories SA from launching a generic version of Indivior PLC’s opioid addiction treatment Suboxone Film, finding Indivior wasn’t likely to prove patent infringement.

  • November 20, 2018

    CVS Fights Bid To Block It From Contacting 340B Customers

    CVS Pharmacy Inc. urged a Florida federal court Monday not to issue an injunction requested by an administrator for the federal 340B Drug Pricing Program that would stop the pharmacy giant from allegedly misappropriating trade secrets to steal customers.

  • November 20, 2018

    Metaswitch Says Rival Telecom Co. Tried To Kill Competition

    Metaswitch Networks Ltd., a telecommunications company, filed an antitrust complaint in New York federal court Tuesday alleging that another telecom intended to eliminate competition among companies that transform landline phone networks through serial acquisitions and exclusionary tactics.

  • November 20, 2018

    Fed. Circ. Gives Google, LG New Life In Location Patent Row

    The Federal Circuit told the Patent Trial and Appeal Board to reconsider a decision upholding a location mapping patent challenged by Google and LG Electronics, finding Monday that the board had diverged from its institution decision and in its final decision conflated the tech companies’ arguments.

  • November 20, 2018

    Architects Scoff At Claim Five Guys Got OK To Share Designs

    Architecture firm Soos & Associates Inc. asked an Illinois federal court Monday to dismiss Five Guys' counterclaims in the firm's copyright infringement suit against the burger chain, saying its former client can’t plausibly argue the two agreed Five Guys could share Soos’ restaurant design plans with a competing architecture firm.

  • November 20, 2018

    Fed. Circ. Says 'Well Living Lab' TM Is Merely Descriptive

    The Federal Circuit ruled Monday that a research project launched by the Mayo Clinic called Well Living Lab couldn’t register its name as a trademark, saying the name was too descriptive of the lab’s focus.

  • November 20, 2018

    Fed. Circ. Won’t Revisit Whether Catalog Dooms Dental Patent

    The Federal Circuit on Monday declined to revisit a panel decision upholding the Patent Trial and Board’s invalidation of a Nobel Biocare dental implant patent, which was predated by a catalog from the inventor’s company that the board found was publicly accessible.

  • November 20, 2018

    Saul Ewing Adds IP, Life Sciences Partners In Boston

    Saul Ewing Arnstein & Lehr LLP announced it has hired intellectual property and life sciences patent litigators — both hailing from Hamilton Brook Smith & Reynolds PC — with more than 50 years of combined experience to join the firm’s Boston office.

  • November 20, 2018

    IP Group Tells High Court To Rein In Copyright Cost Awards

    A prominent group of intellectual property attorneys urged the U.S. Supreme Court on Monday to bar trial judges from awarding so-called nontaxable costs to winning copyright litigants, saying it undermines incentives for copyright registration.

  • November 20, 2018

    NJ Film Co. Hit With IP Suit Over Shakespeare Play Videos

    A New Jersey film distributor has been slapped with a copyright lawsuit by a London-based arts nonprofit alleging it continues to sell videos of William Shakespeare plays the group stages, even though its licensing agreement has expired.

  • November 19, 2018

    Oil Employment Service Says Trade Secrets Suit Should Stay

    A Texas energy company told a federal court on Friday not to toss a corporate espionage suit, arguing that a jury should decide whether or not the allegedly stolen information qualifies as a trade secret.

  • November 19, 2018

    Random House Sheds 'The Girls' Suit As Author, Ex Fight On

    A California federal judge on Monday dismissed Random House from a suit claiming the author of the bestselling novel "The Girls" copied it from her ex-boyfriend using secretly installed spyware on his computer, but let some of the author's counterclaims move forward.

  • November 19, 2018

    Justices Won't Hear Challenge To Fed. Circ. Drug Patent Test

    The U.S. Supreme Court said Monday it will not review a Federal Circuit decision that upheld a UCB Inc. patent on epilepsy drug Vimpat, rejecting a petition from a generic-drug maker that took aim at the so-called lead compound analysis used by the circuit court.

  • November 19, 2018

    Blood-Clot Drug Buyers Seek Class Cert. In Antitrust Suit

    Indirect purchasers of blood clot drug Lovenox and its generic version asked a Tennessee federal court for class certification in their suit alleging Momenta Pharmaceuticals Inc. and Sandoz Inc. conspired to monopolize the market for the medication.

  • November 19, 2018

    Fed. Circ. Affirms Validity Of Finjan Antivirus Patent

    The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board's determination that a Finjan Inc. patent that covers computer virus protection is valid, while asking the board in a related case brought by Palo Alto Networks Inc. to review claims of the same patent that it originally opted not to examine.

  • November 19, 2018

    Fed. Circ. Erases Seoul Semiconductor's $4M Patent Award

    The Federal Circuit on Monday vacated a $4 million damages award that Seoul Semiconductor Co. Ltd. won in a patent lawsuit against Enplas Display Device Corp. over LCD technology, taking issue with the way damages were calculated.

Expert Analysis

  • When Your Thanksgiving Wishbone Is Copyrighted

    David Kluft

    Before pulling the turkey wishbone for luck on Thursday, consider the originality of the wishbone itself. Could a plastic wishbone be original enough for copyright protection? Yes, according to the Ninth Circuit, says David Kluft of Foley Hoag LLP.

  • A Look At The Patenting Trends For Artificial Intelligence

    Aaron Gin

    Our research on patent filings for artificial intelligence inventions suggests that different AI‑related claim terms can lead to vastly different patent examination outcomes, say Aaron Gin, Michael Krasniansky and Alexandra MacKenzie of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Don't Overreact To Fed. Circ. Design Patent Ruling

    Mark Vogelbacker

    Before adopting a doomsday view of the Federal Circuit's Maatita holding on the enablement and definiteness requirements for design patents, several practical points should be considered, says Mark Vogelbacker of Eckert Seamans Cherin & Mellott LLC.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Rebuttal

    Multiple IPR Petitions For Same Claim Are Often Not Repetitive

    Michael Berta

    Some commentators have suggested that the practice of filing more than one inter partes review petition directed to a particular patent claim is abusive. But we looked at the numbers, and there is little evidence of “serial attacks” and “duplicate filings,” say Michael Berta and Patrick Reidy of Arnold & Porter.

  • How Patent Attorneys Can Be Better Business Developers

    Karen Katz

    Patent attorneys are uniquely positioned to be rainmakers. They should emphasize certain traits — it may sound counterintuitive, but introversion is one of them, says Karen Katz of Suffolk University Law School.

  • Opinion

    What The 2nd Circ. Missed In Religious Trademark Case

    Paul Tarr

    The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • When A Patent Disclosure Is Not A Disclosure

    Martin Pavane

    ​The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure.​ ​However, the court's recent decision in ​FWP IP v. Biogen point​s​ to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.