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Intellectual Property

  • September 21, 2018

    PTAB Upholds Alcon Patent For Glaucoma Treatment

    The Patent Trial and Appeal Board on Thursday upheld the validity of an Alcon patent covering the glaucoma treatment Travatan Z, rejecting arguments by generics maker Argentum that the invention was obvious.

  • September 21, 2018

    USPTO Disputes Order To Issue Patents In Stalled Apps Case

    The U.S. Patent and Trademark Office has urged a judge to stay an order directing it to issue patents to an inventor claiming his applications have been improperly stalled, arguing the court has no authority to make that order, while the inventor says the court clearly has the power.

  • September 21, 2018

    3 Takeaways From PTAB’s Revised Procedures

    The Patent Trial and Appeal Board's recent changes to its operating procedures have shed light on what has otherwise been an opaque process for selecting judges to oversee cases and should lead to more precedential decisions, experts say. Here are three takeaways from the revisions.

  • September 21, 2018

    Brand Battles: Red Sox Aim To Strike Out 'Green Monstah' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Boston Red Sox talk about New England accents in an effort to shut down a reference to Fenway Park, Discovery Channel picks a fight with Alibaba, and Anheuser-Busch targets a "Bud" mark.

  • September 21, 2018

    Athenex Gets FDA Compounding Policy Wrong, Amicus Says

    Compounder Athenex Pharma Solutions LLC is wrongly attempting to broaden a U.S. Food and Drug Administration policy governing bulk compounding, and its “gross misinterpretation” must be kept out of Par Pharmaceutical’s suit challenging that policy, an AmerisourceBergen Corp.-subsidiary has told a D.C. federal court.

  • September 21, 2018

    Health Hires: DLA Piper, Baker Donelson, Pharma GCs

    DLA Piper has brought in life sciences attorneys from Hogan Lovells and Vinson & Elkins LLP, Baker Donelson Bearman Caldwell & Berkowitz PC has boosted its health care group in Memphis, Tennessee, Aquestive Therapeutic has nabbed the head of Day Pitney LLP's life sciences group and Clearside Biomedical has hired an in-house veteran to lead its legal team.

  • September 21, 2018

    Industry Groups Back FTC's View On Qualcomm Obligations

    A pair of industry groups representing technology companies have thrown their support behind the Federal Trade Commission's bid for a ruling in California federal court that Qualcomm is required to license its standard essential patents to rival chipmakers.

  • September 21, 2018

    Allergan, Tribe Sue Pharma Co. Over Restasis Patent

    Allergan PLC and the Saint Regis Mohawk Tribe slapped generic drug manufacturer Amneal Pharmaceuticals with a patent infringement suit over the dry-eye drug Restasis in Delaware federal court on Thursday, even as the fate of related patents for the drug hangs in the balance at the Federal Circuit.

  • September 21, 2018

    Ex-Brokers Say 'Punitive' Morgan Stanley Suit Lacks Evidence

    A group of former Morgan Stanley Smith Barney brokers who are accused of luring their former clients to a new firm asked an Illinois federal judge not to enter a temporary restraining order against them Friday, saying there is no evidence to support the bank's claims.

  • September 21, 2018

    Levenfeld Pearlstein Adds Branding Pro To Chicago IP Team

    Levenfeld Pearlstein LLC has added a lawyer with 30-plus years of brand-building experience to the intellectual property group in its Chicago office, the firm has announced.

  • September 21, 2018

    Fitness Device Co. Seeks Treble Damages In $6.8M IP Row

    The company behind TRX exercise equipment Thursday told a California federal court it should get treble damages on a 2017 $6.8 million patent and trademark infringement verdict against Woss Enterprises LLC, saying Woss continues to sell infringing products.

  • September 21, 2018

    2nd Circ. Tosses ‘Light Between Oceans’ IP Suit

    The Second Circuit on Friday affirmed the dismissal of a screenwriter's suit accusing Simon & Schuster and Dreamworks of stealing his screenplay for use in the movie "Light Between Oceans," ruling there were not enough similarities between his script and a published book and movie to accuse the companies of ripping off his work.

  • September 21, 2018

    Class Attys Get $35M Of $105M Lidoderm Pay-For-Delay Deal

    A California federal judge has awarded $35 million in attorneys' fees as part of a settlement for end-payors that claimed a group of pharmaceutical companies delayed the release of a generic form of the Lidoderm pain patch.

  • September 21, 2018

    Luv N' Care's Claims Cut In 'Family Drama' With Ex-Counsel

    A New York federal judge dismissed almost all counterclaims against intellectual property boutique Goldberg Cohen LLP in the firm's long-running dispute with former client Luv N’ Care, criticizing both sides and calling the dispute a “family drama."

  • September 21, 2018

    Country Singer's Pub Didn't Infringe 'Descriptive' TM: 6th Circ.

    The Sixth Circuit has affirmed a lower court’s decision favoring a restaurant chain run in partnership with country singer Dierks Bentley, saying none of the arguments raised in Nashville pub The Row’s infringement suit over the chain’s "Whiskey Row" trademark alter the conclusion that its own mark is merely descriptive.

  • September 21, 2018

    ParkerVision Fights Apple's Bid To Duck Damages In IP Row

    Patent holder ParkerVision Inc. has urged a Florida federal judge not to let Apple Inc. off the hook for damages in its infringement claims against both Apple and Qualcomm Inc., accusing Apple of relying on the "false premise" that the claims apply only to Qualcomm chips inside phones and saying Apple merely buys the devices.

  • September 21, 2018

    In 3 Years Since BEPS, Most IP Regimes In Compliance

    Three years after the Organization for Economic Cooperation and Development came out with its base erosion and profit shifting plan, most tax incentives regimes for intellectual property development are now compliant, signifying that, as one OECD official said, “everybody is moving in the right direction.”

  • September 20, 2018

    Correction: Attys Sanctioned $655K After $645M Medical Device Row Loss

    An Ohio federal judge ordered Cavitch Familo & Durkin Co. and three of its attorneys to pay more than $655,000 in sanctions Wednesday for its discovery abuses while representing Healthcare Essentials Inc., which was ordered to pay medical device maker KCI USA Inc. $645 million in trebled damages earlier this month for stealing and rebranding KCI’s product.

  • September 20, 2018

    Antitrust 'Bundling,' Patent Fraud Case Sent Packing

    A Minnesota judge has thrown out a food packaging company’s antitrust lawsuit against its larger rival, finding no evidence that patents asserted against it were obtained fraudulently and rendering one of the first applications of a test for improper “discount bundling.”

  • September 20, 2018

    What You Need To Know About Patent Litigation In Japan

    The final stop on Law360's look at patent jurisdictions around the world is Japan, where attorneys say pro-patent trends including fewer invalidity findings and strong injunctions can make the country an appealing venue for patent owners.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Caution, Preclusion Ahead: The New TTAB Landscape

    David Marroso

    Historically, a trademark owner could challenge a junior user’s application in the Trademark Trial and Appeal Board and, regardless of outcome, subsequently sue in federal court for damages and equitable relief. A recent shift has upended this law and made it decidedly more risky to commence proceedings at the TTAB, say David Marroso and Megan Smith of O’Melveny & Myers LLP.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • GILTI Guidance Defers Dealing With Most Vexing Issues

    Robert Kiggins

    Last week, the IRS issued its first guidance as to proposed rule-making on global intangible low-taxed income. This is a welcome start at clarification and integration of GILTI with other code sections but more guidance is necessary, especially as to the Section 250 deduction and the workings of the foreign tax credit, says Robert Kiggins of Culhane Meadows LLP.

  • When Athlete’s Name Is 'Advertising Idea' Without Trademark

    Gregory May

    The Massachusetts high court recently found that a shoe manufacturer’s use of a runner’s name potentially triggered advertising injury insurance coverage, even though the name had not acquired secondary meaning or trademark status. The Holyoke v. Vibram decision is notable because of the court's focus on the intent of the athlete's family business, says Gregory May of Nelson Mullins Riley & Scarborough LLP.

  • 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.