The Federal Circuit on Friday ruled that a Georgia federal judge correctly invalidated four inventory tracking patents asserted against The Coca-Cola Co. for claiming abstract ideas, following two recent high-profile decisions faulting judges for too quickly granting similar motions.
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FEDERAL CIRCUIT 2017

TOP NEWS

Fed. Circ. Backs Coke’s Quick Alice Win On Inventory Patent

The Federal Circuit on Friday ruled that a Georgia federal judge correctly invalidated four inventory tracking patents asserted against The Coca-Cola Co. for claiming abstract ideas, following two recent high-profile decisions faulting judges for too quickly granting similar motions. Read more »

Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula. Read more »

Fed. Circ. Affirms PTAB Ruling In $62M Snap-On Tool Case

The Federal Circuit affirmed on Friday a number of Patent and Trial Board rulings that found three Milwaukee Electronic Tool Co. patents, which were successfully asserted against toolmaker Snap-On for $62 million, to be non-obvious over prior art, concluding that while the board’s claim construction was not entirely correct, it was only a “harmless error.” Read more »

Boston Scientific IP Attys Must Defend Doc-Redact Request

A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.” Read more »

Brand Battles: Greenwood Refused 'God Bless The USA' TM

In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board. Read more »

PATENTS

PTAB Will Review Amgen Patent Tied To Sanofi Eczema Drug

The Patent Trial and Appeal Board said Thursday it would review a patent owned by Amgen unit Immunex — which Sanofi says stands in the way of its new eczema biologic — with the board finding Sanofi met the standard set out in its recent General Plastic ruling. Read more »

Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing. Read more »

COPYRIGHTS & TRADEMARKS

'Star Wars' Card Game Isn't A Trademark, App Co. Says

Facing a trademark lawsuit from Walt Disney Co.’s Lucasfilm Ltd., a British gamemaker said Thursday that the studio cannot claim trademark rights to a fictional card game featured in “Star Wars.” Read more »

Atty Fees For Delayed TM Compliance Unfair, 9th Circ. Told

An organization for California farmers that was barred from using the trademarked word “Grange” in its name asked the Ninth Circuit on Friday to reverse an order requiring it to pay the other side's attorneys’ fees, arguing any delays in complying with the injunction were not willful or malicious. Read more »

Texas Justices Pass On Code Developer's 'Contractor' Row

The Texas Supreme Court on Friday declined to consider a software developer’s suit in which he claimed that a trial court incorrectly ruled he was an employee and not an independent contractor of the drilling technology company that demanded he hand over a computer application he wrote. Read more »

LICENSING

IRS Asserts Coca-Cola Undervalued Property In $3B Tax Case

Arrangements between The Coca-Cola Co. and foreign licensees did not accurately reflect the value of the company's intangible property, allowing the beverage producer to avoid significant U.S. taxes, the IRS said in a pretrial memorandum filed Thursday in its $3.3 billion transfer pricing dispute with Coca-Cola in the U.S. Tax Court. Read more »

ROYALTIES

Apple Gets $6.5M Ongoing Royalties In Samsung IP Dispute

A California federal judge on Thursday granted Apple almost $6.5 million in ongoing royalties from Samsung in the companies’ dispute over patented designs, but denied the tech giant's request for ongoing royalties on products containing design-arounds. Read more »

PEOPLE

BakerHostetler Adds Ex-Norton Rose IP Pro In LA

BakerHostetler has added a former Norton Rose Fulbright intellectual property attorney who brings to its Los Angeles office a focus on patent and trademark prosecution, portfolio management and strategic counseling both at home and abroad, the firm announced Friday. Read more »

Dickinson Wright Nabs IP Expert From Squire Patton Boggs

Dickinson Wright PLLC has broadened its intellectual property bench with a former Squire Patton Boggs LLP attorney whose early experience on nuclear submarines at the U.S. Naval Academy catapulted a more than 20-year career preparing and prosecuting patent applications in the electronic, software and mechanical industries. Read more »

EXPERT ANALYSIS

How Emerging Sources Of ESI Will Impact Discovery

Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP. Read more »

Tension Over 'Place Of Business' Timing For Patent Venue

Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP. Read more »

Register Your California Cannabis Trademarks Now

Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group. Read more »

LEGAL INDUSTRY

Feature

5 Ways Law Firms Can Avoid Lateral Hiring Regret

Despite valuing lateral hiring as an integral element of their strategies, many law firms are failing to properly screen potential hires and, as a result, are often disappointed when promises made during the interview don't pan out. Here, Law360 looks at five ways firms can avoid lateral hiring remorse. Read more »

Feature

How To Turn Jurors Into Advocates For Your Case

It may seem like a nightmare scenario for a trial attorney: giving a closing argument and feeling the majority of the jury is going against you. But trial attorneys say that as long as you know there's one juror committed to your case who's been armed with your arguments, a verdict in your favor is no dream. Read more »

Convicted Dewey Exec's SEC Deal Hinges On Criminal Appeal

A settlement between the U.S. Securities and Exchange Commission and former Dewey & LeBoeuf LLP chief financial officer Joel Sanders, who was convicted of fraud, rests on the outcome of Sanders' criminal appeal, a Manhattan federal judge heard Friday. Read more »

GC Cheat Sheet: The Hottest Corporate News Of The Week

The general counsel for the parent company of Midas received a​ two-year stayed suspension for practicing out of state, U.S. Supreme Court Justice Ruth Bader Ginsburg expressed optimism that the burgeoning #MeToo movement will have a sustained impact,​ and PNC Bank’s general counsel shared with Law360 why he​​ moved in-house after spending much of his career at law firms. These are some of the stories in corporate legal news you may have missed in the past week.​ Read more »

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. Read more »

Podcast

Law360's Pro Say: What Does 'Partner' Even Mean?

On the latest episode of Law360's Pro Say podcast, we discuss how law firms are full of people with the title “partner,” but after years of change the title ain’t always what it used to be; a big ruling on the destruction of New York City graffiti space “5Pointz”; a new lawsuit claiming bar prep giant Barbri colluded with top law schools to crush competitors; and Taylor Swift’s efforts to shake off a lawsuit over song lyrics. Read more »

Ex-Allen & Overy Atty's Psych Exam Story Falls Flat

Two New York state appeals judges scoffed at a fired Allen & Overy LLP attorney seeking to lift sanctions and revive her sexual harassment suit against the firm at a hearing Friday, hammering the attorney for cutting short a court-ordered psychiatric examination by threatening to have the doctor arrested. Read more »

Feature

Up Next At High Court: Double Jeopardy, Self-Incrimination

The U.S. Supreme Court will enter the underworld of burglars, spouse abusers and drug dealers in its first week back on the bench after a long winter recess, hearing a busy criminal docket presenting constitutional questions around double jeopardy and self-incrimination that are critical to the white collar bar. Read more »

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