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Intellectual Property

  • September 19, 2018

    UnitedHealthcare Can't Take Back Cephalon Antitrust Deal

    A Pennsylvania federal judge has found that UnitedHealthcare Services Inc. is bound by a $125 million antitrust settlement its outside counsel reached with Cephalon Inc., as the insurer had given every indication that its lawyers were in the clear to sign on its behalf and in-house counsel actively chose not to read or challenge the final agreement.

  • September 19, 2018

    PTAB Denial Of Nike Shoe Patent Amendment Prompts Debate

    The Patent Trial and Appeal Board has once again refused to allow Nike Inc. to amend a footwear patent that was challenged by rival Adidas AG, in a decision Tuesday that prompted a debate among judges about the standard for determining what is a reasonable number of substitute claims.

  • September 19, 2018

    Qualcomm Can't Fast-Track Bid To Ax Apple's Patent Claims

    Qualcomm has failed to convince a California federal judge to hasten proceedings on its effort to dust aside certain patent-related claims by Apple in the pair’s ongoing legal brawl, with the judge agreeing on Wednesday with Apple’s argument that “extreme expedited treatment” was not warranted.

  • September 19, 2018

    Pfizer Unit, Teva Must Face Effexor Antitrust Litigation

    Pfizer Inc. unit Wyeth and Teva Pharmaceuticals have fallen short in their bid to ax a proposed class action from end-payors alleging the companies engaged in a scheme to delay generic competition for antidepressant drug Effexor XR, with a New Jersey federal judge refusing to toss the case in its entirety.

  • September 19, 2018

    Amazon Accused Of Infringing Patented 'Twisty' Pipe

    The maker of a corkscrew pipe popularly used to smoke marijuana has accused Amazon in Massachusetts federal court of infringing a patent on the glass blunt known as Twisty by enabling third-party merchants to sell knockoff versions on the world's most popular retail website.

  • September 19, 2018

    First Amendment Protects 'Patent Troll' Moniker, ACLU Says

    Calling a company a "patent troll" isn't defamatory, the American Civil Liberties Union and the Electronic Frontier Foundation have argued in an amicus brief filed with the New Hampshire Supreme Court, saying it's a form of rhetorical hyperbole.

  • September 19, 2018

    No Need To Reconsider Immunity At PTAB, Fed. Circ. Hears

    Mylan Pharmaceuticals Inc. and other generic-drug companies challenging Allergan PLC patents for dry-eye medication Restasis urged the full Federal Circuit on Tuesday not to reconsider an earlier decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board.

  • September 19, 2018

    Fed. Circ. Affirms Validity Of Cybersecurity Patent

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board decision that a malware detection patent asserted against Palo Alto Networks Inc. is not obvious.

  • September 19, 2018

    HP Gets Statements Tied To Fraud Claims Booted Mid-Trial

    A California judge Wednesday struck a mid-trial blow to a startup alleging Hewlett Packard coerced it into providing tens of millions of dollars of extra software and services on a Malaysian project, ruling that an HP employee’s statements related to the case’s fraud claims aren’t admissible.

  • September 19, 2018

    Allergan Loses 'Meritless' Bid To Gut Restasis Antitrust MDL

    A New York federal judge has shot down Allergan Inc.’s “meritless” effort to eviscerate multidistrict litigation that alleges antitrust violations aimed at protecting dry-eye drug Restasis, saying it’s plausible that the company acted dishonestly to stymie generic competition.

  • September 19, 2018

    Ding Dong Ditch: Orrick DQ'd In Video Doorbell IP Dispute

    A California federal court has disqualified Orrick Herrington & Sutcliffe LLP from representing a video doorbell company in a patent suit brought by a rival, ruling the firm received confidential information from the rival before the suit was filed.

  • September 19, 2018

    Patents At The High Court: What To Watch In The New Term

    The U.S. Supreme Court has so far agreed to hear one patent case during its new term, while pending petitions raise some intriguing patent issues, including the reach of inequitable conduct and constitutional challenges to the Patent Trial and Appeal Board. Here are some patent cases to keep an eye on during the upcoming term.

  • September 19, 2018

    'Shake It Off' Case Against Taylor Swift Heads To 9th Circ.

    Two songwriters who unsuccessfully sued Taylor Swift for copyright infringement over “Shake It Off” are taking their case to the Ninth Circuit, at one point quoting a judge who told the pop star to “be careful what you wish for.”

  • September 19, 2018

    CloudFlare Wants Fees, Says 'Bad Faith' IP Suit Dragged On

    CloudFlare Inc. on Wednesday said it is entitled to $200,000 in attorneys' fees for defending against bad faith litigation full of "red flags," telling a California federal judge that the tech startup Swarmify Inc. kept pursuing its trade secrets claims even after it knew in February that it didn't have a case.

  • September 19, 2018

    Texas Standing-Desk Maker Reaches Deals In Patent Probe

    A desk maker in Texas on Tuesday said it has reached deals with several companies to end a U.S. International Trade Commission probe into its complaint that the companies, which are located in the U.S. and China, infringed patents for its standing desk platforms.

  • September 18, 2018

    Senate Passes Streaming Music Royalties Overhaul

    The U.S. Senate on Tuesday voted unanimously in favor of legislation that would make major changes to how streaming music services like Spotify pay royalties.

  • September 18, 2018

    Northrop Blocks NASA From Releasing Contract In FOIA Filing

    A D.C. federal judge on Tuesday sided with Northrop Grumman Systems Corp. in its bid to block NASA from fulfilling a Freedom of Information Act request that the defense contractor had claimed would have exposed details about a subsidiary's contract and pricing practices.

  • September 18, 2018

    Firm Ducks Claims It Wanted Cut Of Suit It Didn't Work On

    A New York federal judge has thrown out a suit against patent law firm Niro Law Group LLC by a former client that accused the firm of attempting to collect a portion of a settlement in a suit Niro did not work on, ruling that the suit was filed in the wrong state.

  • September 18, 2018

    Ulthera Appeals PTAB Decision Upholding Skin Care Patent

    Medical device company Ulthera Inc. asked the Federal Circuit on Tuesday to rehear its challenge to a DermaFocus LLC patent related to an anti-aging skin care procedure, one day after the Patent Trial and Appeal Board upheld the remaining claims in the patent on remand from that appeals court. 

  • September 18, 2018

    Judge Won't Halt Suit Against GM Over Graffiti In Car Ad

    A California federal judge said Tuesday he can't determine whether a mural painted on a parking garage is a standalone work of art or part of the building under copyright law and so refused to let General Motors Co. escape from a copyright infringement suit accusing it of featuring the design in a Cadillac marketing campaign without permission. 

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Trademark Preliminary Injunction Issues Arrive At Congress

    Richard Kirkpatrick

    ​This month, intellectual property law associations asked Congress to ​fix evidentiary problems in preliminary injunction motions in trademark cases​.​ ​This is a tale of two histories — the principles of equity, and the practice and practicalities of trademark preliminary injunction motions, says Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    Congress Shouldn’t Overturn EBay Patent Injunction Standard

    Thomas Cotter

    A bill pending in Congress would overturn the U.S. Supreme Court’s 2006 decision in eBay v. MercExchange, which held that a patent owner that succeeds in proving infringement isn’t automatically entitled to an injunction. To understand why the proposal should be rejected, it’s important to recognize that patent law is all about balance, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Surveying The Cannabis Patent Litigation Landscape

    Tryn Stimart

    As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.

  • Tallying Repetitive Inter Partes Review Challenges

    Steven Carlson

    We analyzed the petitioning practice of the top five filers of inter partes review — Apple, Samsung, Google, Microsoft and LG — and it is clear that serial, overlapping petitions are commonplace at the Patent Trial and Appeal Board, even by a single entity, say Steven Carlson and Ryan Schultz of Robins Kaplan LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.