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INTELLECTUAL PROPERTY |
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GLASS CEILING TOP NEWS Roundup The Big Picture: One Year After TC Heartland
One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
Analysis Patent Owners Face Long Odds In AIA Review Takings Case
Patent owners seeking compensation on constitutional grounds for claims canceled in America Invents Act reviews face an uphill battle, legal experts say, with those whose patents were issued after 2011 appearing to face an especially difficult road to recovery.
Analysis Printed Matter Doctrine Case Could Offer New Patent Attack
A recent Federal Circuit decision applying the rarely-invoked printed matter doctrine to invalidate a respiratory drug patent could give litigants another way to challenge patents and get in patent-eligibility arguments that otherwise can't be made in inter partes reviews, attorneys say.
Mulling High Court, USPTO Still Refusing 'Scandalous' TMs
Six months after a federal court ruled that the Lanham Act’s ban on “scandalous” trademarks is unconstitutional, the U.S. Patent and Trademark Office is still refusing registrations that violate the provision while the agency considers another trip to the U.S. Supreme Court.
Copyright Office Proposes 41% Hike In Filing Fees
The U.S. Copyright Office has proposed raising its filing fees by about 41 percent across the board with its first fee hike in four years, in order to cover additional costs it will incur as it modernizes the office's IT services.
Brand Battles: Penn State, Mountain Dew, Spotify
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Penn State squares off with Syracuse over "glory" trademarks, Pepsi faces a fight over its latest brand of Mountain Dew, and Spotify cites stats in its tussle with a similarly named company.
Weeks Before Oral Args, Mylan Drops AstraZenca IP Appeal
At the parties' request, the Federal Circuit on Thursday dismissed Mylan Pharmaceuticals Inc.'s bid to upend a lower court decision upholding the validity of AstraZeneca AB's patent on two diabetes drugs, weeks before oral arguments in the appeal, a sign of a possible settlement.
Buyers Can't Bar Testimony In Teva Pay-For-Delay Suit
A Pennsylvania federal judge has cleared Teva Pharmaceuticals Industries Ltd. to use deposition testimony in an antitrust class action over an alleged pay-for-delay scheme for generic versions of cholesterol drug Niaspan, ruling that the pharmaceutical giant had not weaponized information protected by attorney-client privilege.
'Sesame Street' Sues Film Cos. Over Raunchy Movie Tagline
Citing trailers that depict "violent, copulating, and even ejaculating puppets" and include the tagline "No Sesame, All Street," the producers of "Sesame Street" filed a trademark infringement suit Thursday against the production companies behind the puppet-filled Melissa McCarthy comedy "The Happytime Murders."
Dish Copyright Defendants Scolded In Denial Of Early Win
A Florida federal judge chastised defendants in a copyright infringement suit filed by Dish Network LLC for failing to follow court instructions as she struck down several motions they filed seeking an early win on claims they distributed Arabic pay-TV programming without authorization.
McGraw-Hill Wants Firm Repping Photographer DQ'd Again
Textbook publisher McGraw-Hill Global Education Holdings has asked a New York federal court to disqualify attorneys representing a photographer in a copyright suit, saying the firm was already kicked off a similar suit in Pennsylvania for consulting with a former McGraw-Hill employee who had access to privileged information.
Sony Hit With Copyright, TM Suit Over Puerto Rican Song
Sony Music Entertainment US Latin LLC has become at least the third corporation to face copyright claims from a Puerto Rican songwriter who says the company exploited his famous song “Yo Soy Boricua Pa’ Que tú lo Sepas,” according to a suit filed in the territory’s federal court Friday.
Turkish Cos. Must Face Dow Suit Over Paint Trade Secrets
A trade secret suit brought by Dow Chemical Co. against a group of Turkish companies over developments in paint technology survived a motion to dismiss Friday with a Delaware Chancery Court judge finding that Dow’s complaint adequately pled its claims.
Del. High Court Lets Contempt Order Be Enforced In IP Suit
The Delaware Supreme Court has ruled that a court may enforce contempt orders and sanction a medical software developer who disobeyed court orders during intellectual property licensing dispute proceedings, even if the lower court finds that it lacks personal jurisdiction over him.
GAO Calls Sikorsky's IP Row With Air Force 'Purely Academic'
Sikorsky Aircraft Corp.’s claim that the Air Force had overreached on intellectual property licensing requirements in a solicitation for a helicopter to replace the iconic UH-1N “Huey” was effectively academic, with the Air Force having since clarified its position, the U.S. Government Accountability Office said in dismissing the protest in a decision made public Friday.
Kodak Can't Ax Contract Dispute With German Software Co.
A Massachusetts federal judge declined on Friday to throw out a contract dispute between Kodak Alaris Inc. and a German software firm that supplied a document-recognition program used in one of Kodak's products, saying that the issues should be left to a jury to decide.
Applebee’s Sues Franchisee In Ch. 11 Over Deal Breaches
The parent company of Applebee’s Neighborhood Bar and Grill sued a bankrupt franchisee in Delaware on Friday, saying the debtor breached franchise agreements by closing several restaurants without permission and ceased making royalty payments several months before its Chapter 11 filings.
Fried Frank Nabs Financial Services Litigator From Stroock
Fried Frank Harris Shriver & Jacobson LLP has hired the co-head of Stroock & Stroock & Lavan LLP’s financial services litigation and enforcement practice, an expert who has represented financial institutions in securities litigation as well as entertainment companies in high-profile intellectual property disputes, the firm said recently.
A Wish For Nonexistent Cheap Drugs Is Not Standing To Sue
The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.
Getting The Snaps And Tweets Into Evidence
Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.
Feature 3 Things You Need To Know When Starting Out In BigLaw
There are numerous opportunities and pitfalls that lie in store for new associates as they enter BigLaw, yet many of the intricacies of navigating the inner workings of a large law firm are not taught in school, leaving many lawyers to fend for themselves to learn by trial and error. Here, BigLaw veterans reflect on some of the actions incoming attorneys can take to make the best of their early days at a firm. Ex-BigLaw Atty Convicted Of Wife's Murder Faces Civil Suit
The former Fisher Phillips employment partner sentenced to life in prison earlier this week for the shooting death of his wife has been hit with a civil lawsuit in Georgia state court by the administrator of his wife’s estate. Feature GC Cheat Sheet: The Hottest Corporate News Of The Week
The European Union’s new data protection regime went into effect, the U.S. House of Representatives voted to loosen regulations for thousands of community banks and regional lenders, and the U.S. Supreme Court sided with employers in class action arbitration cases. These are some of the stories in corporate legal news you may have missed in the past week. In Case You Missed It: Hottest Firms And Stories On Law360
For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
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