Intellectual Property

  • January 21, 2022

    Judge Dyk Explains Takeda Loss In IP Fight Over Hemlibra

    U.S. Circuit Judge Timothy B. Dyk has unsealed his opinion in a Delaware federal court case explaining why he found a Takeda Pharmaceutical Co. Ltd. unit's antibody patent was too broad to meet the enablement requirement, ultimately letting Roche subsidiary Genentech off the hook for infringing with its blockbuster hemophilia drug Hemlibra.

  • January 21, 2022

    ABA, AARP Sued By Moving Co. Over 'Wise Moves' TM

    A Maryland moving company that trademarked the name "Wise Moves" in 2015 hit the American Bar Association and the AARP with a trademark infringement suit in Illinois federal court on Friday over a book the two organizations published in 2020 bearing the same name.

  • January 21, 2022

    Improper Expert Strips Kyocera Of ITC Drill Patent Win

    The Federal Circuit handed down a precedential decision on Friday that found a U.S. International Trade Commission judge made the wrong call in letting an engineer testify in Kyocera Corp.'s patent case without having any experience in the power drill industry, sending Kyocera's case back to the ITC.

  • January 21, 2022

    Tillis Slams DOJ's Plan To Revise Policy On Essential Patents

    Sen. Thom Tillis, R-N.C., the top Republican on the Senate's intellectual property subcommittee, criticized U.S. Department of Justice officials over a recent draft policy statement seeking to reverse a Trump-era policy that made it easier for holders of standard-essential patents to seek injunctive relief in court.

  • January 21, 2022

    NJ Court Won't Halt Heavy Machinery Company's Patent Fight

    A New Jersey federal judge has refused to toss a suit accusing a heavy machinery company of infringing a competitor's control panel patent on a type of machinery meant to clear heavy road obstructions, finding that the claims were appropriately pled at this point.

  • January 21, 2022

    Ex-Prof. Pleads Guilty To Lying To FBI About China Patents

    A former University of Arkansas professor pled guilty in federal court Friday to lying to an FBI agent investigating his research ties to China as part of a controversial Trump-era initiative.

  • January 21, 2022

    Brand Battles: One Direction Co. Rallies To Stop '1-D' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a company controlled by defunct British boy band One Direction wants to block a household goods company's "1-D" application, citing the group's "1D" moniker — plus three other cases you need to know.

  • January 21, 2022

    League of Legends Maker Hits Gaming Rival With IP Suit

    Riot Games has slapped a rival game developer with a copyright infringement suit in California federal court over an alleged knockoff of multiplayer virtual battle game League of Legends.

  • January 21, 2022

    'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told

    Antitrust advocacy groups want the Third Circuit to reverse a Pennsylvania federal judge's decision refusing to certify a class of end-payors alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals delaying generic forms of cholesterol drug Niaspan, arguing there's ample data to identify class members.

  • January 21, 2022

    Patent Suit Over Nook's Highlighter Is Trimmed

    A New York federal judge Thursday tossed one count from a California inventor's lawsuit accusing Barnes & Noble's Nook unit of infringing his patented digital highlighting technology, finding there wasn't enough similarity between the e-book's method for emphasizing text and the patent's described technique.

  • January 21, 2022

    Slayback Gets PTAB To Wipe Out Schizophrenia Treatment IP

    The Patent Trial and Appeal Board has invalidated dozens of claims in a Sumitomo Dainippon Pharma patent for treating schizophrenia without certain side effects, finding that the claims were obvious.

  • January 21, 2022

    Google Can't Sink Audio Patent In Del. Suit

    Delaware's top federal judge on Friday turned down Google's effort to throw out claims in an audio programming patent that a controversial Texas patent-holding company has spent the last decade asserting against some of the biggest names in the tech and media industries.

  • January 21, 2022

    Fed. Circ. Backs Toss Of MRI Patent Suit Against Government

    The Federal Circuit Friday summarily affirmed a decision by the U.S. Court of Federal Claims dismissing an infringement suit lodged by NeuroGrafix against the U.S. government over a patent on MRI technology.

  • January 21, 2022

    Virtual Events Co. Sues To Block Ex-Exec From Zoom Role

    Global virtual events and cloud communications venture Intrado Digital Media LLC has sued a former sales executive who jumped to Zoom Video Communications, seeking an injunction in Delaware Chancery Court barring the ex-employee from giving away trade secrets and proprietary market information.

  • January 21, 2022

    IP Group Of The Year: Irell

    The intellectual property team at Irell & Manella LLP notched the second-largest patent jury damages award ever for VLSI Technology LLC in 2021 and also secured one of the largest verdicts involving standard-essential patents, earning the firm a spot among Law360's 2021 Intellectual Property Groups of the Year.

  • January 21, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen more than 3,000 motorists go after a German carmaker, Fladgate LLP face a professional negligence claim from an investment group, and a Hungarian airline sue the publisher of its in-flight magazine. Here, Law360 looks at these and other new claims in the U.K.

  • January 21, 2022

    IP Hires: Brown Rudnick, Squire Patton, Levi & Snotherly

    Brown Rudnick has bolstered its technology group with the addition of an eight-person team of former McCarter & English attorneys, and a former name partner from Adduci Mastriani & Schaumberg has joined Washington, D.C., firm Levi & Snotherly. Here are the details on these and other notable hires.

  • January 20, 2022

    Philip Morris Can't Nix Vape Import Ban Over Reynolds IP

    Philip Morris can't ice an order blocking it from importing certain vaping products while it appeals a finding that it infringed a pair of R.J. Reynolds Tobacco Co. patents, the U.S. International Trade Commission said Thursday.

  • January 20, 2022

    Apple Fires Back At Ericsson In IP War, Seeks ITC Import Ban

    Apple Inc. has filed a complaint with the U.S. International Trade Commission seeking to block imports of Ericsson mobile base station communication equipment it says infringes on three of its wireless technology patents — the latest strike in a heated patent battle between the two tech giants.

  • January 20, 2022

    IP Forecast: Minerva, Hologic To Face Off At Fed. Circ. Again

    Federal Circuit judges will consider next week whether a medical device startup's founder can attack a patent he helped develop after a U.S. Supreme Court decision in the dispute last year narrowed rules for blocking inventors from challenging their own patents.

  • January 20, 2022

    Copyright Office Aims To Make IP System That Works 'For All'

    The U.S. Copyright Office on Thursday laid out its five-year plan for making a copyright system "that truly works" for everyone with improved accessibility of its services to underserved communities.

  • January 20, 2022

    AOP Orphan Accuses PharmaEssentia Of Arbitration Fraud

    AOP Orphan has asked authorities in Germany to investigate allegedly deceptive statements a Taiwanese drug developer made during arbitration over an ill-fated deal to develop a new blood cancer treatment, including a proceeding in which the Austrian pharmaceutical company was awarded €140 million.

  • January 20, 2022

    DC Circ. Is Told Digital Copyright Law Chills Free Speech

    Advocates for the disabled, public libraries and documentary filmmakers have urged the D.C. Circuit to rule that a law making it a crime to circumvent technical features controlling access to copyrighted works violates the First Amendment.

  • January 20, 2022

    Invisalign Maker Gets PTAB To Invalidate Dental Scanner IP

    The Patent Trial and Appeal Board has invalidated the entirety of a 3Shape AS patent covering an intraoral scanner, which was challenged by its foe, Invisalign maker Align Technology Inc.

  • January 20, 2022

    PTAB Weighs TikTok Challenge To Music Video Patent

    The Patent Trial and Appeal Board pressed an attorney for Triller Inc. Thursday on his argument that TikTok had failed to show that its patent for creating music videos synced with an audio track is invalid.

Expert Analysis

  • Lessons From Moderna's COVID Vaccine Patent Dispute

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    The National Institutes of Health's legal battle over Moderna's COVID-19 vaccine patent application highlights the unwelcome complications that can ensue when businesses collaborate in developing products, and the importance of best practices in naming inventors, says William Honaker at Dickinson Wright.

  • Drug Patent Suits' Novel Theory Tests False Claims Act Limits

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    Three recent False Claims Act cases in federal district courts, pursuing the novel theory that pharmaceutical companies defrauded the government by charging inflated drug prices based on invalid patents, could set federal appellate courts on a collision course and create new risks for patent holders, say attorneys at Williams & Connolly.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • USPTO Pilot Program May Bring Welcome If Limited Efficiency

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    The U.S. Patent and Trademark Office's new Deferred Subject Matter Eligibility Response Pilot Program, in aiming to improve examination efficiency, should appeal to applicants, but its impact may be limited because it is invite-only and applies only to nonfinal office actions, says Kelvin Varghese at Haynes and Boone.

  • Orphan Drug Approval Takeaways From Recent FDA Data

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    Contrary to lawmakers' claims that generic drugs have been delayed or deterred from the marketplace by the Orphan Drug Act’s regulatory process, trends in recent data from the U.S. Food and Drug Administration show that orphan drug approvals are not pursued later solely to deter generic entry, say Omar Robles at Emerging Health and Katherine Jones at Bates White.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • 7 Ways Patent Litigators Can Leverage Inventor Testimony

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    The recent Federal Circuit decision in Biogen v. Mylan, relying on inventor testimony to invalidate patent claims for lack of written description, illustrates one of several ways in which such testimony can be used to persuade fact-finders in close cases and uncover game-changing evidence, says Jeremy Edwards at Maddox Edwards.

  • What Retailers Selling NFTs Must Know About Legal Regimes

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    Alan Cohn and Evan Abrams at Steptoe & Johnson provide an overview of legal regimes that can present challenges for retailers entering the popular nonfungible token sector, and discuss how to determine which of these systems are likely to apply to intended operations.

  • Opinion

    IP Venue Transfer Rulings Ignore Plaintiffs' Jurisdiction Rights

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    Recent Federal Circuit venue transfer orders in patent cases leave out an important consideration — whether the transferee court has personal jurisdiction over the plaintiff — that should be taken into account to ensure that plaintiffs' constitutional rights are adequately protected, say Justin Nemunaitis and Alexander Gras at Caldwell Cassady.

  • Retailers Must Start Preparing For New Business Privacy Laws

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    Miriam Farhi and Kelsey McIntosh at Perkins Coie describe the key features of new comprehensive privacy laws in California, Virginia and Colorado that take effect in 2023, with a particular focus on how they affect businesses in the retail industry.

  • Opportunities And Legal Implications In The Metaverse

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    Attorneys at Ropes & Gray explore the underlying technologies of Web3, discuss the concept of the metaverse and its commercial opportunities, and examine associated legal considerations, from trademark protection to the application of existing securities laws in decentralized, blockchain-based systems.

  • Milk Vitamin Patents Surprisingly Soured By Section 101

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    A Delaware federal court recently found formulations of a vitamin in cow's milk to be patent-ineligible, but courts generally have upheld patent claims to formulations of natural compounds — showing that greater clarity is needed on the application of Section 101 to these patents, say attorneys at Kramer Levin.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Fed. Circ. Patent Decisions In 2021: An Empirical Review

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    Statistical analysis of last year's Federal Circuit patent cases reveals that the court decided fewer patent cases in 2021 than in previous years and that patent owners and applicants continued to have less success than patent challengers, with their results as appellants especially dismal, says Dan Bagatell at Perkins Coie.

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