Intellectual Property

  • November 21, 2019

    Teva Gets PTAB To Review Cushing's Syndrome Drug Patent

    The Patent Trial and Appeal Board will look at whether a patent covering Corcept Therapeutics Inc.’s flagship Cushing's syndrome medication Korlym is invalid, following a challenge from Teva Pharmaceuticals USA Inc.

  • November 21, 2019

    Apple, Intel Fight Alleged Backer Of 'Meritless Patent' Scheme

    Intel has rejiggered its lawsuit against investment management firm Fortress Investment Group LLC in California federal court, dropping its initial complaint in order to file a new one backed by Apple against the firm’s alleged funding of an anti-competitive patent aggregation scheme.

  • November 21, 2019

    Fed. Circ. Upholds Telecom Cos. Win In Fiber Optic IP Suit

    The Federal Circuit on Thursday affirmed victories for Ciena, Nokia and other telecom companies that were accused of infringing a fiber optics firm's patented technology, rejecting the firm's argument that the district court misinterpreted key patent terms.

  • November 21, 2019

    Dish Goes After 'Free TV' Websites For Pirating Asian Shows

    DishNetwork is still taking aim at websites it says survive off of siphoning its content, asking a Texas federal judge Thursday to step in and stop more than a dozen websites from pirating its channels.

  • November 21, 2019

    Democratic Candidates Advocate For Busting Drug Patents

    Several Democratic candidates for president are campaigning on platforms that include seizing patents from pharmaceutical companies as a way to lower drug prices, illustrating a growing embrace of a tactic the government has very rarely used.

  • November 21, 2019

    Gov't Expands Counterfeit Reporting Rule To All Contractors

    A requirement for defense contractors to report counterfeit electronic parts in their supply chain was expanded to include all U.S. federal contractors and more parts, under a final regulation that the Federal Acquisition Regulatory Council issued Thursday.

  • November 21, 2019

    PTAB Probes Authenticity Of Prior Art In Pain Treatment Case

    The Patent Trial and Appeal Board appeared skeptical Thursday of a pharmaceutical company's argument during a post-grant review that prior art introduced to invalidate one of its pain treatment patents lacked authenticity.

  • November 21, 2019

    Hot Sauce Maker Should Win TM Suit, Judge Says

    A California federal judge has recommended granting hot sauce maker Tapatío Foods LLC's motion for default judgment against the makers of THC-infused Tíowaxy hot sauce, who were accused of trademark dilution.

  • November 21, 2019

    House Advances Bills Targeting Pharma IP Practices

    The House Judiciary Committee has cleared legislation aimed at cutting drug prices by outlawing a pharmaceutical industry practice known as “product hopping,” as well as streamlining the patent process so biosimilars can more quickly enter the market.

  • November 21, 2019

    Apple, Cisco Must Redo Fee Requests In 'Reckless' IP Fight

    U.S. District Judge William Alsup is ordering Apple and Cisco to resubmit their bids for attorney fees from a tech company they say dragged them into “recklessly litigated” patent disputes, warning that he may deny relief entirely if the new calculations are unreasonable.

  • November 20, 2019

    Mary Kay Says Ulta Beauty Infringed Its 'Lash Love' Trademark

    Mary Kay Inc. on Tuesday accused Ulta Beauty of using its "Lash Love" brand name to sell a competing mascara product, infringing a trademark Mary Kay has used to sell its own mascara products for almost eight years.

  • November 20, 2019

    PTAB Wrestles With How To Construe Anti-Spoofing Patent

    The Patent Trial and Appeal Board asked tough questions Wednesday about whether it should adopt a district court’s definition of a key term in a TrustID Inc. patent covering anti-spoofing technology challenged by Next Caller.

  • November 20, 2019

    Air Force Planning IP Rights Changes To Keep Up With Foes

    The U.S. Air Force’s legal chief on Wednesday indicated pending changes to the way it handles intellectual property rights, saying it can “no longer afford” to allow contractors to keep a consistently strong grip on IP amid increasing competition from Russia and China.

  • November 20, 2019

    Pot Data Co. Seeks $4M For Rival's TM Infringement

    Cannabis price tracker New Leaf Data Services LLC on Wednesday asked a Connecticut federal court to hit a rival with a default judgment and $4 million in damages for infringing its trademarks and buying up dummy domains to poach users.

  • November 20, 2019

    Fed. Circ. Won't Lift Attorney's USPTO Suspension

    The U.S. Patent and Trademark Office was within its rights to ban a Canadian attorney who had his Pennsylvania license suspended three times, practiced without a license in Massachusetts and submitted documents to the USPTO during one of the suspensions, the Federal Circuit said Wednesday.

  • November 20, 2019

    Google Gets Messaging Patent Trimmed At PTAB

    The Patent Trial and Appeal Board has invalidated several claims from an AGIS Software Development LLC electronic messaging patent, following a challenge from Google.

  • November 20, 2019

    PTAB Says E-Wallet Tech Patent Not Eligible For CBM Review

    The Patent Trial and Appeal Board has ended its review of a challenge Apple brought against a patent covering e-wallet technology, reversing its own decision that the patent is eligible for covered business method review.

  • November 20, 2019

    Fed. Circ. Urged To Rethink Facebook Award In Ad Tech Case

    A company that accused Facebook of infringing its patent for targeted ad technology is urging the full Federal Circuit to reconsider an order forcing the company to cough up a portion of Facebook’s litigation costs in the patent suit, saying the social media giant was not the “prevailing party” in the case.

  • November 20, 2019

    DOJ Gets Time In Court In Qualcomm's 9th Circ. Class Appeal

    The U.S. Department of Justice will be able to back Qualcomm in court against the certification of a class estimated to include 250 million U.S. phone buyers under a Ninth Circuit order granting the agency five minutes in upcoming oral arguments.

  • November 20, 2019

    5th Circ. Revives IP Suit Over Disney's 'Toy Story 3' Villain

    The Fifth Circuit on Tuesday partially revived a toymaker's lawsuit alleging multiple Disney entities ripped off its trademarked "Lots of Hugs" stuffed bears to create the villain Lotso in "Toy Story 3," finding the lower court unfairly vacated an order allowing the company to amend its complaint without notice.

  • November 20, 2019

    Buyers Chide Endo's Claim That Class Too Small For Cert. Bid

    Direct purchasers who claim they overpaid for pain reliever Opana ER have asked an Illinois federal court to ignore Endo Pharmaceuticals' argument that their proposed class is too small to be certified, asserting that federal courts routinely approve classes of fewer than 40, including in similar antitrust disputes.

  • November 20, 2019

    USPTO Fights Inventor's Bid To Expand Stalled Apps Suit

    The U.S. Patent and Trademark Office has fired back at a bid by prolific inventor Gilbert Hyatt to expand his lawsuit over the agency's alleged internal rule to reject all of his patent applications, saying Hyatt "cannot convert this one lawsuit into an open forum to hear his every complaint about the USPTO."

  • November 20, 2019

    Dropbox Can't Stop Rival's Ch. 11 Plan, 5th Circ. Says

    Dropbox can’t blow up rival Thru Inc.’s Chapter 11 plan, despite claims it was conceived in exactly the sort of blatant bad faith that led to the $2.3 million award that bankrupted Thru in the first place, the Fifth Circuit has found.

  • November 20, 2019

    IP Fight Over Tire Repair Kit Settles Before Trial Redo

    TEK Global and Sealant Systems International have reached a settlement in their long-running fight over a patent on tire repair kits sold to General Motors and others, just months after the Federal Circuit ordered a new trial on the validity of TEK's patent.

  • November 20, 2019

    Flooring Cos. Accused Of Subverting $5M Biz Relationship

    A pair of construction subcontractors caused flooring and materials company Phipps & Co. to miss out on $5 million by subverting Phipps' relationship with The Related Companies, Phipps has told a New York state court.

Expert Analysis

  • Fed. Circ. Ruling May Affect Eligibility Of Life Sciences Patents

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    In view of the Federal Circuit's recent decision in American Axle v. Neapco and the turbulent state of Section 101 case law generally, to increase their odds of patent eligibility, applicants in the pharmaceutical, biotech and medical industries should claim their inventions at various levels of detail, say David Ludwig and Ted Mathias of Axinn.

  • Will College Athletes Be Deemed Employees Soon?

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    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • Favorable Trends For Patent Owners Post-Aqua Products

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    In the two years following the Federal Circuit's pivotal decision in Aqua Products v. Matal, the success rate of motions to amend patent claims during an America Invents Act review has improved by nearly 175%, and this positive trend appears to have staying power, say attorneys at Mintz.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • How High Court May Resolve Generic '.Com' TM Issue

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    In its upcoming U.S. Patent and Trademark Office v. Booking.com decision, the U.S. Supreme Court could uphold the Fourth Circuit’s ruling that generic terms can be transformed into protectable marks when combined with a top-level domain in some cases or, instead, adopt the Ninth and Federal Circuits' more stringent view requiring exceptional circumstances, say attorneys at Knobbe Martens.

  • Using Multiple-Attorney Depositions After Finjan Ruling

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    The recent patent case, Finjan v. Cisco Systems, in which a California federal court prohibited two-attorney questioning in a deposition where the parties failed to agree to it in advance, indicates that it may be better to ask permission than forgiveness when employing this deposition strategy, say attorneys at Finnegan.

  • MGA Ruling Guides On Time Limits For Trade Secret Claims

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    A California state appeals court recently upheld a trial court’s dismissal of MGA Entertainment’s Bratz doll trade secret claims against Mattel, demonstrating that new claims uncovered during discovery can trigger the statute of limitations under California's Uniform Trade Secrets Act, says Stephen Moses of Ferber Law.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • Fed. Circ.’s Arthrex Ruling: Unforeseen Consequences For IPR

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    The critical and fundamental problem with the Federal Circuit's constitutional remedy for Patent Trial and Appeal Board judicial appointments in Arthrex v. Smith & Nephew is that making administrative patent judges removable at will renders them unable to preside over inter partes review proceedings consistent with the Administrative Procedure Act, say attorneys at Sterne Kessler.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • A Possible USPTO Solution To PTAB Constitutionality Ruling

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    While courts continue to debate whether the Federal Circuit's remedy in Arthrex v. Smith & Nephew is sufficient to save the constitutionality of the Patent Trial and Appeal Board, perhaps it is time for the U.S. Patent and Trademark Office to remove its self-imposed limits on precedential opinion panel rehearings, say James Carmichael and Stephen Schreiner of Carmichael IP.

  • Revised USPTO Trial Practice Guide Leans Pro-Patent Owners

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    The U.S. Patent and Trademark Office recently released its updated Trial Practice Guide, which includes several policy changes that tip the scales toward patent owners and make the PTAB less attractive than district courts for litigating patent validity, says Brian Berliner of O’Melveny.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Citizen Petitions Are Crucial In Managing A Drug's Life Cycle

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    When properly applied, citizen petitions allow drug companies to extend the valuable near-end period of drug market exclusivity, and in some instances they can broadly impact the availability of drug products, say attorneys at Wilson Sonsini.

  • What NCAA Publicity Rights Guidance Means For Athletes

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    Following the recent release of NCAA student-athlete compensation guidelines, it remains unclear how disparate governing bodies will choose to set rules, leaving student-athletes seeking to commercialize their names, images or likenesses through contracts or trademark rights with a confusing mix of incentives and prohibitions, says Radhika Raman of Knobbe Martens.