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Intellectual Property
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July 11, 2024
VLSI Tells Fed. Circ. IPR Should Have Ended After Sanctions
VLSI Technology is urging the Federal Circuit to revive the patent it used to win a $1.5 billion infringement verdict against Intel, saying the Patent Trial and Appeal Board's invalidation was tainted by mishandled sanctions proceedings.
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July 11, 2024
Senate Clears Patent Bill Aiming To Lower Drug Prices
The U.S. Senate on Thursday passed a bill that would pump the brakes on the ability of pharmaceutical companies to steer patients away from generic versions of a drug, a measure that lawmakers said would lower drug costs.
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July 11, 2024
Vidal Says USPTO Has Improved Patent, TM Application Speed
The U.S. Patent and Trademark Office on Thursday said it has been able to cut down lags in reviewing patent and trademark applications through increased hiring, better pay for patent examiners and improving technology.
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July 11, 2024
Vidal Says Late Response Isn't An 'Abandonment' Of IPR
The head of the U.S. Patent and Trademark Office has thrown out a Patent Trial and Appeal Board decision that issued a loss to an owner of a patent covering a portable backup charger, sending the case back to the board.
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July 11, 2024
IP Forecast: Napa Winery's Ex-Atty Wants Another Trial
A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.
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July 11, 2024
Judge Won't Dismiss Cannabis Extraction IP Dispute
Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
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July 11, 2024
DC Judge Questions Pharma Co.'s Generic Harm In FDA Spat
A D.C. federal judge on Thursday seemed skeptical about Vanda Pharmaceuticals' claims that waiting for the U.S. Food and Drug Administration to review its challenge to the agency's approval of a generic challenger to its sleep medication would seriously jeopardize the company's future.
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July 11, 2024
Va. Jury Invalidates Elevated Stairs Patent Claims
A federal jury in Virginia has found that claims in an inventor's patent on elevated stairs are invalid, in a win for Mission Integrated Technologies.
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July 11, 2024
Fed. Circ. Pauses Ouster Of Teva Patents From Orange Book
Teva can keep challenged asthma inhaler device patents listed on, and protected by, an important government database after the Federal Circuit agreed Wednesday to pump the brakes on the patents' delisting while the Israeli drugmaker appeals an order won by Amneal in an infringement lawsuit.
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July 11, 2024
Security Manager Gave $85M Biz Book To Rival Co., Suit Says
A former Connecticut regional manager spent days downloading "extensive" data before leaving a security firm for a direct competitor, then gave his new employer millions of dollars' worth of stolen secrets to snipe clients and bolster his chances for earning a lucrative bonus, according to a new suit filed in federal court.
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July 11, 2024
GSK Asks Judge To Rule In Teva IP Case, Citing Opioid Deals
A GlaxoSmithKline lawyer has urged a Delaware federal judge to make up his mind about a nearly $400 million patent case against Teva Pharmaceuticals in light of unrelated "opioid-related cases" that the Israeli generic-drug maker has been settling in the billions of dollars.
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July 11, 2024
Chancery Fast-Tracks Blue Cross Data Co. Suit, Denies TRO
An independent licensee of Blue Cross Blue Shield Association that accused a customer of sharing confidential data with industry competitor Cigna Corp. got its Delaware Chancery Court lawsuit fast-tracked Thursday but failed to get immediate injunctive relief because the harms it alleged were too "speculative."
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July 11, 2024
Top Atty At Army Center Of Military History Joins Shook Hardy
The former chief counsel for the U.S. Army Center of Military History has joined Shook Hardy & Bacon LLP as co-chair of the firm's growing art law practice, the firm announced Thursday.
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July 11, 2024
MoFo Lands NY Tech Partner From Goodwin
Morrison Foerster LLP has added a technology group partner from Goodwin LLP to join its technology transactions group in New York.
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July 11, 2024
Patent Cases To Watch In The Second Half Of 2024
A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.
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July 11, 2024
Meet Del. Federal Court's Newest Magistrate Judge
The newest magistrate judge in Delaware's federal district court is a former law clerk to another judge in the courthouse, and also previously served as an intellectual property attorney at Morris Nichols Arsht & Tunnell LLP.
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July 10, 2024
Drug Pricing, Overreach Dominate IP Disclaimer Feedback
The U.S. Patent and Trademark Office has received heated feedback regarding its proposal to make follow-on patents easier to invalidate, with drug pricing advocates applauding it, top technology and pharma companies decrying it, and high-profile officials calling the proposal an overstep of the agency's authority.
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July 10, 2024
Ex-Kasowitz IP Pro Says Firm Gave Him Boot, Withheld Pay
Former Kasowitz Benson Torres LLP partner Jay Deshmukh filed a lawsuit in New York state court against his former firm Tuesday, saying the firm "deliberately" fired him weeks before his one-year anniversary so it could hold back more than half his annual pay.
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July 10, 2024
Medical Imaging Co. Looking To Vacate 'Tainted' Award
A New York federal court has unsealed medical imaging company Molecular Dynamics Ltd.'s still-pending 2022 petition seeking to vacate an allegedly fraudulent arbitral award favoring its former partner in a project to develop cameras in the field of nuclear medicine, revealing more information about the dispute.
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July 10, 2024
Roku Wins Transfer Of Patent Suit From WDTX To Calif.
A Texas federal judge sent to California a case accusing Roku of infringing patents related to automatic content recognition technology for commercial advertising, finding on Wednesday that the ease of access to evidence, location of Roku's witnesses and Roku's headquarters in San Jose weigh in favor of a transfer.
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July 10, 2024
Top Banks Accused Of Infringing Authentication IP With Zelle
Intellectual property licensing outfit Factor2 Multimedia Systems has sued Bank of America, Capital One and others in Texas federal court for allegedly infringing authentication patents with Zelle and other money-transfer apparatuses.
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July 10, 2024
Judge Newman Faces More Hurdles In Bid To End Suspension
With the dismissal of Federal Circuit Judge Pauline Newman's lawsuit against her colleagues over her suspension, experts say she faces significant challenges in securing a different outcome on appeal or persuading the court's other judges to let her hear cases again.
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July 10, 2024
Attys Bolt In Groups 'All The Time,' Colo. Judge Says
A Colorado judge hearing the appeal of an attorney who lost a jury trial in which she was accused of trying to lure colleagues away from a well-known regional personal injury firm noted Wednesday that lawyers commonly leave their firms in groups.
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July 10, 2024
GOP Bombards Agencies With Demands After Chevron's End
Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.
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July 10, 2024
Meijer Says Takeda Can't Force Antitrust Suit Into Arbitration
Meijer argued before a Massachusetts federal court that Takeda waited far too long to try to force the supermarket chain to arbitrate its proposed class action accusing the Japanese pharmaceutical company of conspiring to delay a generic version of its anti-constipation drug Amitiza.
Expert Analysis
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Why High Court May Have Rejected IP Obviousness Appeal
Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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A Guide To Using The DTSA For Misappropriation Recourse
Excerpt from Practical Guidance
Nicholas Armington at Mintz explains the ins and outs of drafting a misappropriation complaint under the Defend Trade Secrets Act, and how and why companies should think strategically about federal and state law when filing a claim.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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The Fed. Circ. In April: Hurdles Remain For Generics
The Federal Circuit’s recent Salix v. Norwich ruling — where Salix's brand-name drug's patents were invalidated — is a reminder to patent practitioners that invalidating a competitor's patents may not guarantee abbreviated new drug application approval, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.