Intellectual Property

  • August 20, 2014

    Watchmaker Audemars Piguet Wins $11M For Knockoffs In NY

    A New York federal judge on Wednesday awarded luxury Swiss watchmaker Audemars Piguet Holding SA $10.9 million in its trade dress infringement suit against accused knockoff manufacturer Swiss Watch International Inc., ordering a recall of Swiss Watch's products.

  • August 20, 2014

    Fed. Circ. Urged Not To Review Mandate Ruling In $5M IP Row

    Retractable Technologies Inc. has urged the Federal Circuit not to review a decision affirming its $5 million patent damages award against Becton Dickinson and Co., arguing that Becton's en banc review petition advocates an "incomprehensible" position that would spur battles over the court's decisions.

  • August 20, 2014

    BlackBerry Says Typo's 'Brazen' Sales Violate Court Ban

    BlackBerry Ltd. urged a California federal judge on Wednesday to sanction Typo Products LLC for violating a court order barring the company from selling a wraparound iPhone keyboard accused of infringing BlackBerry's patented keyboard, calling Typo's recent distribution of 11,000 keyboards “brazen and blatant.”

  • August 20, 2014

    IP Firm Claims Getty Falsely Targeted It For Infringement

    Schneider Rothman Intellectual Property Law Group PLLC on Wednesday filed suit against Getty Images Inc. in Florida federal court, accusing Getty of sending the firm a cease-and-desist letter over a noninfringing image in a scheme of asserting false claims of infringement against small businesses.

  • August 20, 2014

    Fujitsu Says Patent Shouldn't Be Nixed For RAND Breach

    Fujitsu Network Communications Inc. has urged a judge not to declare its optical communications patent unenforceable, despite a jury verdict that the patent is standard-essential and Fujitsu failed to license it on reasonable terms, saying such a move would be unprecedented and chill patent rights.

  • August 20, 2014

    Kanye West Prevails In 'Coinye' E-Currency Trademark Suit

    Rapper Kanye West on Wednesday won a default judgment against the operators of digital currency exchange "Coinye West" after the defendants had failed to respond to trademark allegations in New York federal court.

  • August 20, 2014

    Nexium Buyers Say Ranbaxy Should Turn Over Docs In MDL

    Direct-purchaser plaintiffs in the pay-for-delay multidistrict litigation involving the heartburn drug Nexium on Tuesday asked a Massachusetts federal judge to compel generic-drug maker Ranbaxy Inc. to carry out supplemental production of documents ahead of an October trial, saying that the request is not burdensome.

  • August 20, 2014

    Alice, Mayo Rulings Nix 2 Open Text Patents, Alfresco Says

    Alfresco Software Ltd. urged a California federal judge on Wednesday to trim a lawsuit claiming its file-sharing software infringes Open Text SA's patents on online customer communications, arguing that two patents are invalid under the U.S. Supreme Court's Alice and Mayo rulings torpedoing patents on abstract ideas or computerized methods.

  • August 20, 2014

    Audi Can't Duck Suit Over Vehicle Computer System Patent

    An Illinois federal judge on Wednesday refused to dismiss Velocity Patent LLC’s suit accusing Audi of America Inc. of infringing its patent by manufacturing 25 vehicle models with onboard computer systems, rejecting Audi’s argument that the complaint was deficient.

  • August 20, 2014

    Mylan Wins Stay Of Generic Precedex Recall In Hospira Row

    A Maryland federal judge on Wednesday halted a recall of generic versions of Hospira Inc.'s blockbuster sedative Precedex at the request of Mylan Inc., but maintained a stay on the U.S. Food and Drug Administration’s approval of generic versions of the drug.

  • August 20, 2014

    Feds Want 3 Years For Ex-DuPont Worker In Trade Secret Plot

    Prosecutors urged a California federal judge on Tuesday to sentence a former DuPont Co. engineer to three years in prison for conspiring to steal proprietary information and sell it to Chinese government-owned companies, days after the engineer himself asked for just home confinement.

  • August 20, 2014

    Google Slams 'Vague' Mobile Web Patents In Infringement Suit

    Google Inc. urged a Nevada federal judge on Tuesday to toss allegations that its line of mobile device applications and other related services infringe two patents held by Unwired Planet LLC, arguing that the patents are invalid because they do not specifically identify the invention.

  • August 20, 2014

    Judge OKs Tweaks To NCAA Player Pay Ban Ruling

    A California federal judge on Tuesday clarified that an earlier injunction against the National Collegiate Athletic Association's ban on paying players would cover current and incoming students and take effect in 2015.

  • August 20, 2014

    Inventor Says Kia Can't Block Keyless System Patent Suits

    The inventor of a keyless ignition system urged an Illinois federal court on Wednesday to dismiss Kia Motors America Inc.’s suit seeking to block his patent infringement claims against the automaker, arguing Kia can’t bring suit on behalf of its dealerships.

  • August 20, 2014

    Kilpatrick Townsend Adds Life Sciences Partner In Seattle

    Kilpatrick Townsend & Stockton LLP has added a former Fenwick & West LLP partner specializing in the biotechnology and biopharmaceutical industries in order to strengthen its intellectual property group in Seattle, the firm announced Wednesday.

  • August 20, 2014

    House Panel To Investigate USPTO Telework Abuse Reports

    A U.S. House of Representatives oversight panel said Tuesday that it has begun an investigation into reports that some U.S. Patent and Trademark Office examiners who work from home have misrepresented the hours they work, calling recent allegations of possible abuse "unacceptable."

  • August 20, 2014

    Retailers Back Under Armour In 'G Defy' Trademark Dispute

    Foot Locker Inc., Nordstrom Inc. and other retailers have told a California federal judge there is a very small chance consumers will confuse comfort-shoe maker Gravity Defyer Corp.'s "G Defy" shoes with athletic apparel brand Under Armour Inc.'s similarly named shoes, arguing Gravity Defyer's trademark infringement claims are inadequate.

  • August 19, 2014

    Hospira Sues FDA Over Generic Precedex Carve-Out Approval

    Hospira Inc. hit the U.S. Food and Drug Administration with a suit on Monday contesting the agency’s approval of generic versions of its blockbuster sedative Precedex, claiming the FDA violated its own rules in allowing generics for uses still protected by a Hospira patent.

  • August 19, 2014

    Apotex Case Shows Inequitable Conduct Is Still A Potent Tool

    A recent Federal Circuit ruling that an Apotex Inc. patent is unenforceable because of misconduct by the company's chairman makes clear that although a 2011 decision made inequitable conduct very difficult to prove, the defense can still deliver sweeping wins for accused infringers under the right circumstances, attorneys say.

  • August 19, 2014

    Fox Can't Escape Dilution Claim In Exxon Trademark Row

    A Texas federal judge on Monday refused to trim Exxon Mobil Corp.'s trademark infringement suit accusing Fox unit FX Networks LLC of using the signature design of two interlocking Xs for its comedy network FXX, ruling a state-law dilution claim wasn't barred under the Lanham Act.

Expert Analysis

  • Disc Drive Ruling May Make ITC Less Attractive To NPEs

    Sten Jensen

    If affirmed by the U.S. International Trade Commission, the administrative law judge's ruling in Optical Disc Drives would continue the trend of recent decisions heightening the domestic industry requirement for nonpracticing entities, say Sten Jensen and Jordan Coyle of Orrick Herrington & Sutcliffe LLP.

  • 7 Reasons Delaware Is A Hot Spot For IP Litigation

    Eric Hutz

    The fact that the District of Delaware has consistently been one of the top jurisdictions for patent cases shows that the patent bar and patent holders have confidence in the court’s ability to handle complex patent litigation in a quick and efficient manner. But the statistics alone do not fully explain Delaware’s continued popularity, says Eric Hutz of Novak Druce Connolly Bove & Quigg LLP.

  • AIA Hasn't Really Changed Pretrial Landscape

    Peter Chassman

    How has the America Invents Act changed the behaviors of nonpracticing entities and the plight of the defendants that they sue? The biggest effect likely will be on those cases that actually go to trial. But since most of these cases settle before trial, the big-picture answer is “not much,” says Peter Chassman of Winston & Strawn LLP.

  • Greater Opportunity To Prove Priority Of Invention

    Damian R. LaPlaca

    The Federal Circuit ruling in Troy v. Samson will incentivize parties who lose interference proceedings before the Patent Trial and Appeal Board to collect additional evidence and develop different theories to convince a district court that they are entitled to priority of invention, say Damian LaPlaca and Robert Callahan of Nelson Kinder and Mosseau PC.

  • Beyond The Redskins: Other Names, Logos Are At Risk

    Richard LaBarge

    With the football season about to kick off, debates renew about the U.S. Patent and Trademark Office's June decision to cancel trademark registrations of the Washington Redskins on the grounds that the name is disparaging to Native Americans. Seven teams are potential targets for trademark cancellation on the same grounds, says Richard LaBarge of Marshall Gerstein & Borun LLP.

  • On The Way To ​A Better Patent System

    Robert Stoll

    We now have a few ways to kill a bad patent, quickly and relatively cheaply. But now is not the time to consider expanding the newly minted post-grant procedures — we need to see whether these new systems are working as intended, and whether there are unforeseen consequences, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner of patents.

  • VIDEO: No Holding That Software Cannot Be Patented

    "The Alice decision does not mean that software is not eligible for patent protection. In fact the court never even mentioned software in its decision," says Fenwick & West LLP partner Robert Sachs, discussing implications the U.S. Supreme Court ruling in Alice Corp. v. CLS Bank.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • What's More Unnatural Than A Clone?

    Gilberto Villacorta

    The lawyer side of my brain understands how the Federal Circuit in Roslin arrived at its holding that Dolly, the cloned sheep, constitutes a “natural phenomenon” and thus is ineligible for patent protection. However, the common sense side of my brain finds the result amusing. I don’t like where the executive and judicial branches are taking this debate, says Gilberto Villacorta of Foley & Lardner LLP.

  • Mixing Noncompetes, Trademark And Ice Cream

    Jonathan Pollard

    It seems fairly evident that former Mister Softee ice cream truck franchisee Dimitrios Tsirkos’ Master Softee trucks were a blatant rip-off of the Mister Softee brand, which made noncompete breach claims against him easy. But remove the trademark infringement from the equation and it’s a totally different ballgame, says Jonathan Pollard of Jonathan Pollard LLC.