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Intellectual Property

  • February 19, 2019

    High Court Won't Block Dr. Reddy's Opioid Treatment

    The U.S. Supreme Court has cleared the path for a generic version of Indivior Inc.’s opioid addiction treatment to hit the market, as the chief justice issued a brief order Tuesday refusing to keep a block on Dr. Reddy's Laboratories SA’s alternative drug while Indivior prepares a high court appeal.

  • February 19, 2019

    'Absurd' To Argue PTAB Wins Bar Patent Cases: Generics Cos.

    The America Invents Act doesn’t stop patent challengers who won at the Patent Trial and Appeal Board from pursuing their winning arguments in court, and blocking that judicial path would lead to “absurd results,” a group of generic-drug makers told the Federal Circuit on Tuesday.

  • February 19, 2019

    Justices Take Hard Look At AIA Challenges By Gov't Agencies

    Both sides in a U.S. Supreme Court case over whether the government can file America Invents Act patent challenges faced tough questions Tuesday, as some justices questioned the fairness of barring federal agencies from the system and others worried the “deck is stacked” against patents the government targets.

  • February 19, 2019

    Ericsson's Licensing Offer To HTC Is FRAND, Texas Jury Finds

    A Texas federal jury on Friday rejected HTC’s allegation that Ericsson is trying to overcharge on licensing fees for its standard-essential cellular patents, finding that the Swedish telecom giant’s offer to HTC is fair, reasonable and nondiscriminatory and that both companies failed to negotiate in good faith.

  • February 19, 2019

    Real Parties-In-Interest A Focus Of PTAB Bar, Prez Says

    With a constitutional challenge settled and the Patent Trial and Appeal Board having worked through some growing pains, the president of the PTAB Bar Association said practitioners' focus has turned to complex issues involved in PTAB trials, including the “unsettled” area of real parties-in-interest.

  • February 19, 2019

    High Court Roundup: Cert. Denials; EFF To File Amicus Brief

    The U.S. Supreme Court on Tuesday turned down appeals in several patent cases, including one by a Schlumberger Ltd. unit to revive its oil exploration patents that were at issue in another high court case over patent damages, while allowing the Electronic Frontier Foundation to file an amicus brief in a case asking if the government is a "person" that can challenge patents in America Invents Act reviews.

  • February 19, 2019

    Xitronix Patent Antitrust Row Not Welcome At 5th Circ. Either

    Xitronix’s antitrust suit alleging patent fraud against KLA-Tencor is going back to the Federal Circuit, which previously rejected the case, after a Fifth Circuit panel said in a published opinion that the case can plausibly be heard only by the appeals court with exclusive jurisdiction over patent issues.

  • February 19, 2019

    Synopsys Says Software Security Co. Abused Its License

    Synopsys Inc., which makes software for testing and designing computer chips, accused Fortinet Inc., a security software company, in California federal court of routinely skirting its software access licensing agreement to gain unauthorized access to Synopsys services.

  • February 19, 2019

    EQT Says Pa. Workers 'Raided' Files Just Before Being Fired

    A pair of EQT Corp. employees raided the company’s computers and copied confidential data in the early-morning hours before a meeting in which they were going to be fired, the company claimed in filings made in Pennsylvania state and federal courts Tuesday.

  • February 19, 2019

    FTC Pens New Deal With Teva On Reverse-Payment Claims

    The Federal Trade Commission said Tuesday it has reached an agreement with Teva Pharmaceuticals that would prevent the drugmaker from entering into certain reverse-payment patent settlements that can delay the availability of generic versions of drugs.

  • February 19, 2019

    Cochlear Targets US Rival In Patent Suit Over Hearing Implant

    Australian hearing aid giant Cochlear Ltd. hit a Massachusetts company, MED-EL Corp., with a patent infringement suit Monday in federal court, claiming its U.S.-based rival ripped off technology related to Cochlear's "breakthrough" hearing implants.

  • February 19, 2019

    More Ex-LeClairRyan IP Attys Defect To Pepper Hamilton

    Adding to a string of recent departures from LeClairRyan, a team of intellectual property attorneys has joined Pepper Hamilton LLP’s second office in New York, the firm said Tuesday.

  • February 19, 2019

    Justices Reject Mylan's Challenge To 'Tactical' Drug Patenting

    The U.S. Supreme Court on Tuesday said it wouldn't review the Federal Circuit’s decision to uphold a UCB Inc. patent covering the epilepsy drug Vimpat, despite protests from Mylan Inc. and other generic-drug makers that UCB was gaming the system by patenting the medication's active ingredient twice.

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.

  • February 15, 2019

    Disney Wants Atty Docs In VidAngel Streaming IP Row

    Disney and the streaming service VidAngel Inc., which Disney and other studios have accused of infringement, have asked a California court to sort out a dispute over whether VidAngel must hand over attorney documents in discovery after VidAngel defended itself by saying its counsel advised it that its services were legal.

  • February 15, 2019

    TracFone Sues Texas Cos. In Latest Anti-Trafficking Effort

    Wireless service provider TracFone sued three Texas-based companies Friday, accusing them of running a phone smuggling ring that cuts into its business model, marking the latest salvo in the telecom’s more than decade-long crusade to stop companies from trafficking its tech.

  • February 15, 2019

    'Fearless Girl' Artist Sold Unauthorized Statues, TM Suit Says

    The artist who created the Fearless Girl sold unauthorized copies of the famous feminist statue in violation of trademark law and agreements with State Street Global Advisors Trust Co., which commissioned the artwork, the company has argued in a New York state court suit.

  • February 15, 2019

    Optum Can't Get 1st Circ. To Block Ex-Exec From Startup

    The First Circuit on Friday rejected Optum’s bid to block a former executive from working at a health care startup created by Amazon, Berkshire Hathaway and JPMorgan Chase, instead kicking the dispute back to the lower court.

  • February 15, 2019

    Film Studios Say Omniverse Sold Pirated Movies, Shows

    Disney, Paramount Pictures Corp., Twentieth Century Fox Film Corp. and other Hollywood heavyweights have sued Omniverse One World Television in California federal court, accusing the company of selling illegal packages of unlicensed, copyrighted movie and TV shows to streaming services.

Expert Analysis

  • How To Address Potential Indefiniteness When Filing IPR

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    A significant impediment to a successful inter partes review can arise when the asserted patent claims are also arguably indefinite. Kevin Wagner and Joel Sayres of Faegre Baker Daniels LLP identify four potential strategies for diffusing the tension between indefiniteness and IPR.

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • The Growing Use Of Anti-SLAPP In Employment Cases

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    The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.

  • The Difficulties Of Defending IPR Win On Appeal

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    The Federal Circuit has reversed or remanded inter partes review rulings because the Patent Trial and Appeal Board's analysis is flawed or incomplete. It may not matter what kind of record a victorious party made at the PTAB because only the decision is the subject of appeal, says James Gumina of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Reasons To Limit Inventor Testimony In Hatch-Waxman Cases

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    Inventor testimony inevitably forms a part of every generic drug company’s case in a Paragraph IV obviousness challenge under the Hatch-Waxman Act. This is odd because recent cases demonstrate that inventor testimony can damage a generic defendant’s case, says Michael Hogan of Caesar Rivise PC.

  • Innovative And Ineligible: Diagnostic Patents At Fed. Circ.

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    The Federal Circuit's decision last week in Athena v. Mayo is significant because it demonstrates the uncertainty surrounding what actually qualifies as a “natural law,” and because it holds diagnostic methods ineligible for patenting even though they recite new and nonobvious concrete steps, says Alan Craig Townsley of Sughrue Mion PLLC.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Opinion

    For Now, Competitive Generic Therapy Exclusivity Is A Mirage

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    In 2017, Congress tried to solve the problem of high drug prices caused by inadequate generic competition, creating a new form of market exclusivity known as competitive generic therapy exclusivity. But the statute has an unintended loophole, say Sinchan Shah of Amneal Pharmaceuticals Pvt. Ltd., and Jaimin Shah and Steve Auten of Taft Stettinius & Hollister LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

  • USPTO Rebukes High Court's Approach To Abstract Ideas

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    The U.S. Patent and Trademark Office's new subject matter eligibility guidelines help to return some level of predictability to patent law, but the U.S. Supreme Court may move quickly to effectively nullify the new test, if the court desires to maintain its 2014 Alice v. CLS Bank decision, says Chris Rourk of Jackson Walker LLP.