Intellectual Property

  • November 21, 2014

    Aereo's Gone, But Internet TV Is Here To Stay

    Aereo Inc. ended its three-year copyright battle with a bankruptcy filing, but the trend that the streaming startup so publicly represented — the increasing popularity of novel, Internet-based services for access to video content — isn't going anywhere.

  • November 21, 2014

    Phoenix Seeks To Cap $10M Software Claim At $500K

    Phoenix Payment Systems Inc. told a Delaware bankruptcy judge Thursday that a $10 million claim lodged by a rival card transaction company over old software code should be capped at $500,000, saying it should not be forced to set aside the full sum while litigation plays out.

  • November 21, 2014

    Private Copyright Cop Sued For Bogus DMCA Subpoenas

    Copyright enforcement group Rightscorp Inc. was hit with a class action Friday accusing it of violating consumer protection laws and issuing objectively baseless Digital Millennium Copyright Act subpoenas to online downloaders.

  • November 21, 2014

    After Facebook Fails, Google Shoots For Photo Patent Review

    Google Inc. took a stab at a patent for transmitting and characterizing digital images, asking the Patent Trial and Appeal Board for an inter partes review of the patent just two months after the board rejected a similar petition by Facebook Inc., according to a filing entered on Friday.

  • November 21, 2014

    Altair Clinches New Damages Trial In MSC Secrets Fight

    A Michigan federal judge has ordered a new trial on damages in MSC Software Corp.'s case claiming former employees breached confidentiality agreements and misappropriated trade secrets when they left for rival Altair Engineering Inc., calling MSC's $26.4 million damages win “excessive.”

  • November 21, 2014

    NuScience Atty Tests Judge's Patience At IP Sanctions Hearing

    A California federal judge Friday upbraided an attorney representing supplement maker NuScience Corp. in its trade secrets brawl with Iowa brothers who brewed a rival supplement, lambasting him for repeating information, in a hearing over the company’s bid to sanction the brothers for leaking secrets.

  • November 21, 2014

    Judge Trims Conspiracy Argument In Nexium Antitrust Case

    A Massachusetts federal judge on Friday narrowed the plaintiffs’ theories in a pay-for-delay case against AstraZeneca PLC and two generic producers over the heartburn drug Nexium, ruling there wasn’t enough evidence to find that the generic companies had conspired together.

  • November 21, 2014

    Westinghouse Data Patent Again Targeted For AIA Review

    An inspection equipment company on Thursday filed a petition seeking an America Invents Act review of a Westinghouse Electric Co. LLC data analysis patent, marking its second attempt this year after the Patent Trial and Appeal Board rejected the original petition as too complicated to evaluate in the statutory timeframe.

  • November 21, 2014

    Pandora Isn’t Guaranteed Access To BMI’s Songs, Judge Says

    A New York federal judge on Friday rejected a bid by Pandora Media Inc. to preserve its access to BMI's music catalog regardless of the outcome of a licensing fee trial, denying the Internet radio giant a "license in effect" because it would tie the hands of intervening music publishers including Sony/ATV, among other reasons.

  • November 21, 2014

    Perkins Coie Snags Tech-Loving IP Pro For NY Office

    Perkins Coie LLP has hired from Fish & Richardson LLP a former United States Coast Guard engineer and co-founder of a mobile phone start up as an intellectual property partner in its New York office. 

  • November 21, 2014

    Antitrust Professors Back NCAA Appeal Of Athlete Pay Ruling

    Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.

  • November 21, 2014

    Sens. Lean On Customs To Shore Up IP Enforcement

    Senate Finance Committee leaders on Thursday called on U.S. Customs and Border Protection to immediately improve its patent infringement oversight in the wake of a U.S. Government Accountability Office report showing that some of the agency's procedures were out of date.

  • November 21, 2014

    Schlumberger Questions SLAPP Ruling In Trade Secret Appeal

    Schlumberger Ltd. on Wednesday appealed a $600,000 award entered against it after a Texas judge threw out the majority of a lawsuit accusing its former chief intellectual property lawyer of sharing trade secrets, questioning whether the state's anti-strategic lawsuit against public participation statute had been properly used.

  • November 21, 2014

    IP MVP: Paul Weiss' Nicholas Groombridge

    Veteran intellectual property litigator Nicholas Groombridge of Paul Weiss Rifkind Wharton & Garrison LLP has many wins under his belt, but a recent $1.1 billion settlement between Edwards Lifesciences AG and Medtronic Inc. ending a lengthy patent war is among the victories that have helped to earn him a spot on Law360’s list of Intellectual Property MVPs.

  • November 21, 2014

    IP Professors Q&A: Washington University's Kevin Collins

    I see the next wave of intellectual property cases coming from the new post-grant proceedings created by the America Invents Act — I’m beginning to wonder if the AIA’s fundamental effect on the business of patent law will lie in its creation of widely available and relatively inexpensive venues for challenging patent validity, says Kevin Collins of Washington University School of Law.

  • November 21, 2014

    Aereo Files For Ch. 11 In Bid To Dodge Copyright Suits

    TV streaming service Aereo Inc., whose targeted signals were ruled by the U.S. Supreme Court in June to violate copyrights by retransmitting broadcasts without permission, filed for bankruptcy in a move CEO Chet Kanojia said Friday would allow it to avoid civil copyright litigation liability.

  • November 20, 2014

    Fed Circ. Threatens Sanctions For Redacted Legal Args

    Threatening sanctions, the Federal Circuit on Wednesday ordered a generic-drug maker seeking attorneys’ fees for a 2010 patent dispute to explain why the redactions in its briefs to the court don't deserve sanctions, singling out "extensive" blackouts of legal arguments as potentially problematic.

  • November 20, 2014

    Edible Arrangements Delivers $97M IP Suit To 1-800-Flowers

    Cut fruit retailer Edible Arrangements LLC hit flower delivery giant 1-800-Flowers.com Inc. with a $97 million trademark infringement suit in Connecticut federal court Thursday, alleging 1-800-Flowers is targeting its business with confusingly named websites and bouquet-themed products.

  • November 20, 2014

    Ariz. Deepens States' Rift On UTSA Preemption

    The Uniform Trade Secrets Act is more than three decades old, but a ruling in Arizona this week highlights the fact that the various states that have adopted it are still split over a sticky question: whether the act preempts all other claims of information theft.

  • November 20, 2014

    Sirius Denied Quick Trip To 9th Circ. Over Pre-'72 Recordings

    A California federal judge on Thursday refused Sirius XM Radio Inc. an immediate trip to the Ninth Circuit to appeal a ruling that the satellite music provider needs to pay to play pre-1972 recordings, saying it would delay the litigation.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Is Stockpiling Protected By Hatch-Waxman Safe Harbor?

    Brian Coggio

    Stockpiling of generic drugs to allow commercial introduction immediately after patent expiration is considered an act of infingement, but infringement suits contesting this conduct are almost nonexistent. The stockpiling of biologics and biosimilars, which are usually more expensive and take longer to produce than typical generics, may bring this dormant issue to the forefront, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Brand Owner-Friendly UDRP Decision Reinterprets Bad Faith

    Monica Richman

    The recent decision in Milly LLC v. Mrs. Jello LLC provides an interpretation of the Uniform Domain-Name Dispute-Resolution Policy that allows a panel, in certain circumstances, to find that a respondent has registered and used a domain name in bad faith even though the domain name may have been acquired initially in good faith, say Carol Anne Been and Monica Richman of Dentons.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • Tips For Dealing With Competing IPR And ITC Deadlines

    James Dowd

    For parties that are litigating in the U.S. International Trade Commission under Section 337, the existence of a co-pending inter partes review proceeding can give rise to competing timelines, and potentially conflicting outcomes, with a variety of strategic consequences, say James Dowd and Jacob Oyloe of WilmerHale.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Twombly, Iqbal And The Demise Of Form 18

    Jason Murata

    Now that the Judicial Conference of the U.S. has unanimously approved abolishment of Rule 84 and Form 18, patent litigants may be only one year away from facing significant changes to how patent infringement is pled. Presumably, the Twombly and Iqbal standards would apply to direct patent infringement complaints, just as they currently apply to indirect infringement claims, say Jason Murata and Ryan Cook of Axinn Veltrop & Harkrider LLP.

  • Post-Grant Review May Impact Biosimilars Litigation

    Marsha Gillentine

    Post-grant review may prove to be an important forum for companies that do not want to wait until after filing their biosimilar applications to challenge the validity of relevant patents, say Marsha Gillentine and Rebecca Hammond of Sterne Kessler Goldstein & Fox PLLC.

  • Crumbs Decision Protects TM Licensees’ 365(n) IP Rights

    Norman S. Rosenbaum

    A recent District of New Jersey decision in the case of Crumbs Bake Shop Inc. is significant because it further illuminates alternative solutions for key unresolved legal questions regarding the treatment of rejected trademark licenses in bankruptcy. Crumbs also has practical implications for the sale of intellectual property portfolios in bankruptcy cases, say attorneys with Morrison & Foerster LLP.