Intellectual Property

  • July 27, 2021

    Judge Urged To Rethink Ruling Perrigo Hid $1.9B Irish Tax Bill

    Perrigo asked a New York federal court to reconsider finding that the drugmaker misled investors by failing to disclose a €1.6 billion ($1.9 billion) Irish tax bill, saying its actions were justified by Ireland's overstatement of the liability.

  • July 27, 2021

    US Hedge Fund Loses Bid To Patent Trading Technology In UK

    A U.S. hedge fund lost its appeal Tuesday to force through a British patent for its program designed to beat other high-speed traders after a London judge ruled that the system couldn't be protected from copying under IP law.

  • July 27, 2021

    Sex Pistols Singer Fights 'Nuclear Button' In Licensing Battle

    A lawyer for Sex Pistols singer Johnny Rotten told a court on Tuesday that other band members should not be allowed to use a forgotten "nuclear button" deal to license their music for a TV show about the band without his consent.

  • July 26, 2021

    Masks, Distancing Optional For Vaxxed Jurors In Calif. IP Trial

    A California federal judge presiding over a criminal trade secret theft trial told prospective jurors on Monday that social distancing is optional and that they're only required to wear masks if they haven't been fully vaccinated, adding that she won't ask or require the jurors to prove their vaccination status.

  • July 26, 2021

    Biotech Co. Can't Arbitrate $881M Cannabinoid IP Fight

    A New York federal judge on Monday denied biotech company Amyris' bid to arbitrate an $881 million trade secrets fight with cannabinoid manufacturer Lavvan, finding that a prior agreement the parties entered into requires them to litigate intellectual property disputes.

  • July 26, 2021

    Companies Strike Deal To End Mitsubishi Patent War

    Chinese technology company Oppo has struck a deal with an intellectual property management company to end their global dispute over 3G and 4G cellular technology, with Oppo licensing the Mitsubishi Electric Corp. standard-essential patents.

  • July 26, 2021

    Takeda Beats Antitrust Claims In Heartburn Drug Patent Fight

    A New Jersey federal judge on Monday tossed generic-drug maker Zydus Pharmaceuticals Inc.'s antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of filing sham patent litigation to delay competition for heartburn medication Prevacid, ruling there was no showing Takeda didn't have legitimate infringement concerns.

  • July 26, 2021

    Review Group Slams 'Specious' Sun Pharma Skin Drug Patent

    Sun Pharmaceutical's patent for Levulan Kerastick, which uses light photodynamic therapy to treat skin conditions, "seems to be an inequitable extension of valid patent rights granted by the U.S. government," according to a new report issued Monday.

  • July 26, 2021

    Feds Say Latham PowerPoints Are Off-Limits To Huawei

    Federal prosecutors are fighting Huawei Technologies Co. Ltd.'s bid to unveil a trove of evidence, including PowerPoint presentations given by Latham & Watkins LLP to the government, that could help the Chinese telecommunications giant defend itself in a case accusing it of dodging U.S. sanctions and scheming to steal trade secrets.

  • July 26, 2021

    Hologic Gets Minerva Patent Axed Just Before Del. Trial

    A Delaware federal court has invalidated a Minerva patent covering a surgical device that treats abnormal menstrual bleeding just two weeks before an infringement trial against Hologic, concluding that the invention was shown to the public more than a year before it was patented.

  • July 26, 2021

    'High Hemp' CBD Seller Sues Rival Over 'Hemp High' Branding

    A Florida company that sells CBD products under the brand name High Hemp has sued a competitor in Texas federal court for willful trademark infringement, claiming its use of the name Hemp High is intentionally similar and is meant to create consumer confusion.

  • July 26, 2021

    Copyright Deposit Is No Takings Clause Violation, Judge Says

    A D.C. federal judge tore apart a niche publisher's constitutional challenge to the Copyright Act's deposit requirements and turned down an argument that the high court's recent ruling on unconstitutional takings would be any help to their case.

  • July 26, 2021

    Solar Tracking Biz Rips 'Illogical' $133M IP Suit

    A Texas solar tracking company founded by former SunEdison executives asked a New York federal judge to throw out most of the "illogical" claims lodged by an engineering consulting firm in a $133 million licensing lawsuit.

  • July 26, 2021

    9th Circ. Says Chinese Steel Cos. Must Face Espionage Case

    The Ninth Circuit on Monday refused to toss the government's allegations that Chinese steel companies stole DuPont trade secrets for creating titanium dioxide in violation of the Economic Espionage Act, finding that the companies aren't protected under the Foreign Sovereign Immunities Act from the criminal charges.

  • July 26, 2021

    Trend Micro Denied $444K In Fees From Intellectual Ventures

    A Delaware federal judge who previously told patent licensing company Intellectual Ventures to pay Trend Micro $444,000 in attorney fees for a failed email filtering patent suit ruled Monday that no fee award is warranted, after the Federal Circuit criticized his earlier holding.

  • July 26, 2021

    Chancery Denies Fast Track For Iconix Tender Offer Suit

    Delaware's chancellor on Monday denied a proposed class request to fast-track a preliminary injunction bid targeting Iconix Brand Group Inc.'s proposed $585 million go-private acquisition by Lancer Capital LLC, rejecting arguments that the deal violated corporate anti-takeover provisions.

  • July 26, 2021

    GM Rips Ford, Saying It Infringed Self-Driving Car Brand

    General Motors LLC accused Ford Motor Co. of brazenly co-opting the brand of its self-driving car unit Cruise when Ford recently unveiled the “BlueCruise” brand for its hands-free driving system, according to a new California federal lawsuit filed Friday.

  • July 26, 2021

    Buchalter Adds 2 Attorneys To Orange County Office

    Buchalter PC has hired two attorneys to work in its litigation and corporate practice groups in its Orange County, California, office.

  • July 26, 2021

    Google Gets PTAB To Review Electronic Bill Payment Patent

    The Patent Trial and Appeal Board has agreed to institute post grant review of a patent RFCyber accused Google of infringing in Texas federal court, rejecting an argument that parallel litigation is so far along that the board should discretionarily deny the petitions.

  • July 26, 2021

    Allergan Hits Generic Cos. With Patent Suits Over Viberzi

    Allergan USA Inc. has filed patent infringement suits in Delaware federal court to stop a number of Indian competitors from making generic versions of its irritable bowel syndrome drug Viberzi.

  • July 26, 2021

    Discovery Violations Net Sanctions In Incense Biz TM Suit

    A Georgia federal judge permanently barred air freshener companies from using marks claimed by a competitor, a ruling handed down as a sanction for what the court found were intentional and repeated discovery violations.

  • July 26, 2021

    Sky Gets Bad Faith Trademark Ruling Nixed On Appeal

    Sky Ltd. did not act in bad faith by registering broad coverage trademark protections for computer services, given that the British telecommunications giant has a substantial software business, an English appeals court ruled Monday.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 23, 2021

    US Drops 5 Visa Fraud Suits Against Chinese Scholars

    The federal government on Thursday and Friday filed for the dismissal of five visa fraud suits against Chinese researchers accused of being a part of an orchestrated program by the Chinese government to send military scientists to the U.S.

Expert Analysis

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • A Legal Primer On Social Tokens

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    Social tokens, a new class of blockchain-based assets that celebrities and brands can use to connect with fans and consumers, hold great promise — but their value may be volatile, and issuers must understand the advertising, contractual and intellectual property issues that come with them, says Hannah Taylor at Frankfurt Kurnit.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Ensuring Patent Subject Matter Eligibility For Blockchain Tech

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    In order to survive subject matter eligibility challenges of patent filings for blockchain-related emerging technologies, practitioners should highlight technical features implementing novel applications and avoid drafting applications that could be interpreted as routine and conventional business practices performed via blockchain, says Drew Schulte at Perkins Coie.

  • NFTs May Come With Rewards, But Also Legal Risks

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    While some buyers of nonfungible tokens are experiencing enormous returns on their investments, those just entering the market should proceed with caution, and be sure to understand the risks related to contracts, taxation, intellectual property and money laundering regulations, says Anne-Laure Alléhaut at Patterson Belknap.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

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    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Opinion

    FTC Should Take Nuanced Approach On Noncompete Regs

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    In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • A Practical Metric For Annual Patent Filing Targets: Part 3

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    Using the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, U.S. companies can factor in expected costs for preparing and filing foreign patent applications to outline a portfolio management budget, say Michael Sartori and Matthew Welch at Baker Botts.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    High Court NCAA Antitrust Ruling Will Not Help Naomi Osaka

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    Although the U.S. Supreme Court's recent NCAA v. Alston decision, that restrictions on student-athlete compensation violate antitrust laws, might enable tennis player Naomi Osaka to challenge professional women's tennis's post-match interview rule, a closer examination suggests that this theoretical antitrust claim would fail, says Jack Lerner at Levin & Glasser.

  • Divide On Standing In Patent Cases Needs Fed. Circ. Guidance

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    As district courts continue to issue conflicting rulings on whether exclusionary rights are necessary for standing to sue under the Patent Act, and until the Federal Circuit issues much-needed guidance, courts and practitioners should enforce a clear distinction between analysis of constitutional and statutory standing, says Kylie Kim at Kellogg Hansen.

  • ITC Already Has Authority Offered By Trade Secret Misuse Bill

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    The bipartisan SECRETS Act bill appears to provide a new way to combat international trade secret theft, but it overlooks the U.S. International Trade Commission's existing comparable authority and raises questions on how the Biden administration would use the ITC to pursue global policy priorities, say attorneys at Ropes & Gray.

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