Intellectual Property

  • July 25, 2014

    Samsung Says It Can Still Use Alice To Nix 2 Apple Patents

    Samsung Electronics Co. Ltd. hit back against Apple Inc. on Thursday, rejecting the iPad maker’s claim that Samsung "waived long ago" its right to seek invalidation in light of the U.S. Supreme Court's recent Alice Corp. ruling of two patents in an infringement suit that netted Apple $120 million.

  • July 25, 2014

    Ex-Urban Compass Partner Accuses Co. Of IP Theft

    A former business partner of apartment search website Urban Compass Inc. founder Robert Reffkin sued him and the company in New York state court Wednesday, accusing Reffkin of stealing proprietary information that helped Urban Compass reach a more than $360 million valuation last week.

  • July 25, 2014

    Fed. Circ. Tosses $18M Contempt Fine In Software IP Row

    The Federal Circuit on Friday vacated an injunction and an $18 million fine against Lawson Software Inc. in an infringement suit brought by ePlus Inc., ruling that neither was warranted in light of the U.S. Patent and Trademark Office’s invalidation of a key patent claim.

  • July 25, 2014

    Fed. Circ. Won't Rehear Case After Rader's Weil Email Flap

    The Federal Circuit on Friday refused to rehear a patent case at the center of a controversy over former Chief Judge Randall Rader's email praising a Weil Gotshal & Manges LLP attorney, rejecting patent owner DataTern Inc.'s request that a new panel decide the case.

  • July 25, 2014

    ITC Bans Asian Tires That Flout Toyo Design Patents

    The U.S. International Trade Commission on Thursday banned the import of certain kinds of automotive tires from China and Thailand, because they violate design patents held by Toyo Tire Holdings of America Inc.

  • July 25, 2014

    Tech Co. Wants Ex-Antonelli Lawyer Around For Patent Trial

    An online technology company on Friday fought to keep a bankrupt attorney formerly with Antonelli Terry Stout & Kraus LLP in a malpractice suit accusing the firm of botching a patent application for online advertising inventions, citing tactical implications.

  • July 25, 2014

    Sidley's Phillips New Chair Of Fed. Circ. Advisory Council

    The Federal Circuit has announced that it has appointed Sidley Austin LLP partner and longtime Federal Circuit Bar member Carter G. Phillips to return as chair of the Federal Circuit Advisory Council.

  • July 25, 2014

    Amazon Sued For Selling 'Dancing Water' Speakers

    Amazon.com Inc. was sued in New York federal court for trademark infringement Thursday by a Florida company that is attempting to halt the world's largest Internet retailer from continuing to sell Leading Edge Water Dancing speakers.

  • July 25, 2014

    Kia Slams Keyless Inventor Over Duplicative IP Suits

    Kia Motors America Inc. on Thursday urged an Illinois federal judge to ban the inventor of a keyless ignition system from bringing duplicative patent infringement claims against the automaker, saying he has filed identical suits in numerous courts as part of a "piecemeal and abusive" litigation strategy.

  • July 25, 2014

    SeaWorld Settles 'Aquatica' TM Claims With Swimwear Co.

    SeaWorld Entertainment Inc. and Spiraledge Inc. have settled a trademark infringement lawsuit the swimwear company brought against the theme park operator over its use of the mark Aquatica, according to a notice filed in a California federal court.

  • July 25, 2014

    H&M, Aeropostale Settle Suit Over 'Live Love Dream' Mark

    A New York federal judge on Friday signed off on a settlement to end Aeropostale Inc.'s lawsuit claiming H&M Hennes & Mauritz AB stole the trademark-protected phrase "Live Love Dream" from its retail rival.

  • July 25, 2014

    Bass Berry Snags IP Pro From Milbank For DC Office

    Bass Berry & Sims PLC has expanded its 2-year-old Washington, D.C., office by luring a former Milbank Tweed Hadley & McCloy LLP intellectual property partner and two associates with backgrounds in government contracts and investigation matters, the firm announced Thursday.

  • July 24, 2014

    Vimeo Urges 2nd Circ. To Reverse Judge's DMCA Rulings

    Video-sharing service Vimeo LLC has warned the Second Circuit that a New York federal judge's recent interpretations of the Digital Millennium Copyright Act in its row with music publishers and record companies could burden online service providers with massive liability over their users' actions.

  • July 24, 2014

    GoDaddy Users' Domain Names Ruled Too Close To Oscars Marks

    The Academy of Motion Picture Arts & Sciences, which presides over the yearly film awards known as the Oscars, won a bid on Thursday to have 88 Web domain names registered to users of GoDaddy Inc. declared confusingly similar to its own trademarks, according to an order filed in California federal court.

  • July 24, 2014

    Fox, NBC, FilmOn Drop 9th Circ. Appeals After Aereo Ruling

    Fox Television Stations Inc. and NBCUniversal Media LLC agreed Thursday with FilmOn X LLC to drop Ninth Circuit appeals over whether streaming television content over the Internet constitutes a "public performance" of networks' copyrighted works after the U.S. Supreme Court settled the issue in its recent Aereo Inc. ruling.

  • July 24, 2014

    Stryker Can't Ax Counterclaims In Customer Sabotage Row

    A Michigan federal judge shot down Stryker Corp.'s attempt to nix an ex-employee's counterclaims concerning a noncompete agreement in a suit over an alleged scheme to harm the company's relationships with customers, finding Thursday that the allegations were not a “mirror image” of the company’s own breach of contract claim.

  • July 24, 2014

    TSMC Must Detail Trade Secrets In Fraud Claim Against Tela

    Taiwan Semiconductor Manufacturing Co. Ltd. must add specific details about the trade secrets Tela Innovations allegedly misappropriated for its own patent applications in order for TSMC’s fraud claim to survive, a California federal judge ruled Thursday.

  • July 24, 2014

    NCAA, EA Win OK For $60M College Athlete Class Deals

    A California federal judge indicated on Thursday that she will preliminarily approve $60 million in settlements in college athletes' cases accusing the National Collegiate Athletic Association and Electronic Arts Inc. of improperly using their likenesses in video games, but sidelined the NCAA's effort to include antitrust claims in the release.

  • July 24, 2014

    DOJ Pushes Congress To Make Illegal Streaming A Felony

    The U.S. Department of Justice repeated on Thursday previous administration requests that lawmakers push illegal online streaming of copyrighted content from a misdemeanor to a felony — notably, a provision that was part of the highly controversial and unsuccessful Stop Online Piracy Act.

  • July 24, 2014

    Big Statutory Fines Kill Innovation, Help Trolls: Tech Cos.

    The tech industry's lobbying group told a congressional panel Thursday that steep statutory damages available under copyright law were chilling innovation and empowering so-called copyright trolls.

Expert Analysis

  • The Untapped Gold Mine Of Transfer-Price Evidence

    Andrew Blair-Stanek

    Many patent, copyright and trademark owners generate evidence that their intellectual property has little value, to minimize taxes. IP defendants can discover this evidence and use it to argue for lower damages, no injunctions and no liability, says Andrew Blair-Stanek, an assistant professor at the University of Maryland Carey School of Law.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Misconceptions About The European Unitary Patent

    Ilya Kazi

    Some believe the EU's proposed unitary patent system will make obtaining European protection cheaper, but the cost of obtaining and maintaining patent protection in Europe will be higher under the unitary patent system for most users, say Ilya Kazi and Caroline Warren of Mathys & Squire LLP.

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.

  • Post-Grant Review Evidence 1 Year After Commil

    Jacqueline Lee

    While the Federal Circuit’s decision last year in Commil USA LLC v. Cisco Systems Inc. — which addressed the standard for proving induced infringement — seems unrelated to efforts to put evidence of post-grant review proceedings before a jury, a handful of recent decisions indicate that Commil may provide defendants just enough of a boost to begin to overcome hurdles to admissibility, say attorneys with Jones Day.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • PTAB Adopts Dueling Evidentiary Standards

    Sunjeev S. Sikand

    The need to rely upon routine business practice — and for application of a consistent evidentiary standard — to establish a reference’s public accessibility is particularly acute in the Internet age. It would benefit practitioners and their clients if the Patent Trial & Appeal Board recognized the tension in its rulings and offered clearer guidance, says Sunjeev Sikand of RatnerPrestia.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.