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Intellectual Property

  • May 17, 2019

    Are Monkeys The Same As Pigs? Fed. Circ. Says Yes In Patent

    You may not find them in the same part of the zoo, but the Federal Circuit isn't distinguishing between monkeys and pigs in a Friday ruling that the Patent Trial and Appeal Board correctly struck down a patent for a hooded blanket with a plush pig on top despite the inventor's attempts to differentiate it from an earlier patent for a hooded sweatshirt with a plush monkey.

  • May 17, 2019

    Symrise Accused Of Raiding Refresco To Develop New Drink

    Dutch soft-drink company Refresco Beverages U.S. Inc. has sued flavoring and fragrance maker Symrise Inc. in New Jersey federal court, alleging it is conspiring with former Refresco executives and researchers to develop a new soft drink for a competitor using its resources and trade secrets.

  • May 17, 2019

    YouTube Celeb Logan Paul Sued Over Parody Video

    Members of the alt-hip hop band Flobots slapped YouTube personality Logan Paul with a lawsuit Thursday claiming the release of his parody song "No Handlebars," which riffed on their hit song "Handlebars,” infringed on their copyright.

  • May 17, 2019

    NJ District Chief Judge Joins McCarter & English

    McCarter & English LLP on Friday welcomed retired U.S. District Judge Jose L. Linares, the former chief of New Jersey’s federal court, as a partner who will lead the firm’s alternative dispute resolution practice in its Newark, New Jersey, headquarters.

  • May 17, 2019

    House Passes Bill To Lower Drug Prices, Bolster ACA

    The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.

  • May 17, 2019

    Inventor Accuses Competitor Of Stealing Turf-Removal Device

    The inventor of a device for removing artificial turf from playing fields said a competing groundskeeping firm stole his design, according to a federal lawsuit filed Friday in Pennsylvania.

  • May 17, 2019

    As 'John Doe' Copyright Cases Spike, Judges Push Back

    A surge in file-sharing cases from porn studios and others led to a spike in new copyright lawsuits in 2018, but the past year has also seen judges around the country attack key aspects of those cases. As the John Doe suits continue to pour in, here are four past rulings to know.

  • May 17, 2019

    Raytheon Tank-Sighting Design Suit Remains Intact For Now

    It seemed for a moment Friday that BAE Systems would escape a trade secrets suit aimed at its subsidiary over the design of a tank-sighting system for the military, but a Virginia federal judge changed her mind mid-hearing and decided to hold off.

  • May 17, 2019

    'Pepe The Frog' Case Against InfoWars Heads To Trial

    A copyright lawsuit filed by the creator of Pepe the Frog — a cartoon that's become an online symbol for the controversial "alt-right" movement — is headed for a jury trial in California federal court after a judge refused to rule that the far-right website InfoWars made fair use of the character.

  • May 17, 2019

    DOJ Antitrust Chief To Appear For Fed. Circ. Oral Args

    The U.S. Department of Justice's top antitrust official is set to appear for Federal Circuit oral arguments in an appeal by Capital One Financial Corp. on claims accusing Intellectual Ventures I LLC of monopolizing the banking technology market.

  • May 17, 2019

    American Researchers To Be Added To Nobel-Related Patents

    Two American scientists will be added to patents involved in Nobel Prize-winning cancer research, a Boston federal judge ruled Friday, handing a victory to the Dana-Farber Cancer Institute and Foley Hoag LLP.

  • May 17, 2019

    Fed. Circ. Sheds Light On Murky CBM Eligibility Requirement

    Recent Federal Circuit rulings involving software company Trading Technologies provide guidance on the sometimes confusing exception to covered business method reviews for patents that cover a “technological invention," as well as insights into the patent eligibility analysis.

  • May 17, 2019

    IP Hires: Armstrong Teasdale, Fish & Richardson, DLA Piper

    In this week's round of intellectual property attorney moves, Armstrong Teasdale brought on the former chair of Dilworth Paxson's patent practice, intellectual property firm Fish & Richardson hired a new pro bono manager, and DLA Piper launched a new artificial intelligence practice. Here are the details on these notable IP hires.

  • May 17, 2019

    Zetia Buyers Demand Info On Generics In Pay-For-Delay Suit

    Generic-drug maker Zydus needs to cough up details on its generic version of Zetia, buyers of the cholesterol medication told a Virginia federal court, as they contend that information may bolster their pay-for-delay case against Merck and Glenmark.

  • May 17, 2019

    Titan Of The Plaintiffs Bar: Caldwell Cassady's Brad Caldwell

    If Apple could send people back in time, it would likely make them steer Brad Caldwell away from law school. It probably wouldn’t have even been that hard: He’d studied to be an engineer, even worked as one for the CIA, before applying for law school on a whim. There was a very real future in which he didn’t become a lawyer, and in that future, Apple might have kept the $1 billion Caldwell bled from it in court.

  • May 16, 2019

    Trump's Telecom Salvos Plunge China Talks Into The Unknown

    The prospects for a sweeping U.S.-China trade deal were looking dim even before President Donald Trump dealt a pair of blows to Beijing's mighty telecom sector on Wednesday, a move that injected even more uncertainty into the already-fraught negotiations.

  • May 16, 2019

    CDC's HIV Prevention Patents Invalid, Gilead CEO Tells House

    Gilead believes that Centers for Disease Control and Prevention patents that went toward its blockbuster HIV prevention and treatment medication Truvada are invalid and can't be used to make the company lower the drug's cost, the company’s CEO told the U.S. House of Representatives on Thursday.

  • May 16, 2019

    Blood Clot Drug Buyers Must Redo Class Cert. Bid

    Nashville's general hospital has one week to amend a proposed class of Lovenox buyers after a Tennessee federal judge rejected a last-minute tweak to the class definition in a lawsuit accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • May 16, 2019

    Fed. Circ. Backs Pepsi's Scented Bottle Trade Secret Suit Win

    The Federal Circuit on Thursday said ScentSational Technologies LLC presented "thin" evidence purporting to prove it lost out on business with Coca-Cola because PepsiCo Inc. misappropriated its scented bottle technology trade secrets, affirming Pepsi's win in New York district court.

  • May 16, 2019

    Network Security 'Emergency' Order Clouds Telecom Plans

    A new executive order from the Trump administration intended to shore up security vulnerabilities in communications networks writes a blank check to the U.S. Department of Commerce that can be used to target a host of technologies, countries and carriers, and its broad language has left many in industry unclear on how it will affect their business.

Expert Analysis

  • The Looming Constitutional Impact Of A Naughty Trademark

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    The U.S. Supreme Court's upcoming ruling on the "scandalous" trademark in Iancu v. Brunetti bears the potential to microscope a smorgasbord of First Amendment principles with significance well beyond the intellectual property sphere, says Ben Clark of Bryan Cave.

  • 10 Ways Tech Is Disrupting Patent Procurement

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    Document automation, process automation and big data insights are changing how some patent professionals and patent practices operate, says Ian Schick of Specifio.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Claiming The 'Iron Throne' With A Noncompete?

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    While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.

  • More Courts Are Applying IPR Estoppel Expansively

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    Recent district court decisions confirm that the broad view of inter partes review estoppel is the prevailing — and perhaps the only — view after the U.S. Supreme Court's 2018 decision in SAS Institute v. Iancu, say Brett Cooper and Kevin Schubert of McKool Smith.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • The Complicated Relationship Between Tech Cos. And Patents

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    Tech startups are eager to protect their innovations, but their views on intellectual property often become more nuanced once they grow and find themselves on the other side of patent enforcement. As a result, tech companies are struggling to determine what they want from the shifting patent landscape, says Jonathan Link of Morris Manning.

  • High Court Clarifies Standards For Antitrust Claims

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    The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

  • Revamping Your Trademark Strategy In China

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    As the number of Chinese trademark applications has skyrocketed, it has become increasingly likely that a mark in Latin characters will receive a likelihood-of-confusion refusal. This necessitates two steps before filing, says Alice Denenberg of Gottlieb Rackman.

  • Finding Allies In The Fight Against Counterfeits

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    In the world of anti-counterfeiting and brand protection work, collaboration with competitors, customers and online marketplaces can be a smart way to stretch constrained budgets, say Lori Meddings and Li Zhu of Quarles & Brady.