Intellectual Property

  • September 22, 2014

    BP Settles $146M Suit Over Deepwater Containment Design

    BP PLC has settled a $146 million suit in Texas federal court that accused the oil and gas giant of stealing a Florida man's proprietary design for a containment system allegedly used to stem the torrential subsea oil spill caused by the Deepwater Horizon disaster.

  • September 22, 2014

    Pfizer Pushes To Ax Rest Of Lipitor Pay-For-Delay Spat

    Pfizer Inc. and Ranbaxy Laboratories Ltd. urged a New Jersey federal judge on Friday to toss indirect purchasers' antitrust suit in multidistrict litigation challenging a purportedly anti-competitive patent infringement settlement between the companies over Lipitor, saying the claims were doomed after a similar direct purchaser action was recently dismissed.

  • September 22, 2014

    Redskins Should Have Sued USPTO, Not Indians: Blackhorse

    The group of American Indians who won the ruling earlier this year canceling the Washington Redskins trademark registrations urged a Virginia federal judge Monday to toss the team's appeal of the decision, saying the case was filed against the wrong defendants in the wrong court.

  • September 22, 2014

    Quinn Emanuel, Samsung Lose Bid To Lower $2M Leak Penalty

    A federal judge on Friday refused to reduce the $2 million in sanctions imposed on Quinn Emanuel Urquhart & Sullivan LLP and Samsung Electronics Co. Ltd. for disclosing confidential information during the Apple Inc. smartphone patent case, saying they hadn't shown the award was excessive.

  • September 22, 2014

    Holland & Knight Adds New Litigation Partner In Tampa

    Holland & Knight LLP on Monday announced that its Tampa office has welcomed new partner Jason H. Baruch, who specializes in commercial litigation, maritime law, bankruptcy and intellectual property work.

  • September 22, 2014

    Porn Site FyreTV Seeks Injunction Over Amazon's Fire TV

    The owner of pornography streaming site FyreTV on Monday filed for an injunction against Amazon.com Inc. that seeks to block the online retailer from continuing to use the allegedly trademark infringing name Fire TV to market its own video streaming service.

  • September 22, 2014

    Accenture, Wellogix Settle $22M Fee Fight In Secrets Row

    A Texas federal judge on Thursday approved a settlement between consulting giant Accenture LLP and software maker Wellogix Inc. in a dispute over whether Accenture should be required to pay another $22 million in attorneys’ fees on top of a now-affirmed $44.4 million trade secrets theft verdict.

  • September 22, 2014

    Raytheon, Lockheed Settle Trademark War Over Paveway Bombs

    Raytheon Co. and Lockheed Martin Corp. agreed in Arizona federal court on Friday to settle a long-running trademark dispute over the use of the term “paveway” for laser-guided bombs, agreeing that Raytheon owns the mark while granting Lockheed license to use it.

  • September 22, 2014

    Freescale, MediaTek Cut 11th Hour Deal Amid $23M IP Trial

    Freescale Semiconductor Inc. and MediaTek Inc. have reached an undisclosed global settlement in their ongoing chip-patent infringement war, the companies announced Monday just as a California federal jury was to begin deliberating in MediaTek's $23.4 million trial accusing rival Freescale of copying three patents.

  • September 19, 2014

    Mercedes Gets Car Safety IP Suit Trimmed In Calif.

    A California federal judge on Friday trimmed patent holder Signal IP Inc.’s infringement suit against Mercedes-Benz USA LLC accusing the automaker's cars of using its car-safety patents, including one for a blind-spot radar, ruling Signal had not properly alleged willful infringement. 

  • September 19, 2014

    Brand Battles: 20th Century Fox, James Bond, Aunt Jemima

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a distillery tries to cancel a Twentieth Century Fox trademark for the movie "Sideways," the company behind James Bond is "stirred" to action, and Quaker Oats goes after a real-life woman who calls herself "Aunt Jemima."

  • September 19, 2014

    Full Fed. Circ. Won't Eye 'Mandate Rule' In Becton IP Case

    The full Federal Circuit decided Friday not to review the so-called mandate rule requiring lower courts to strictly comply with appeals court decisions, rejecting Becton Dickinson and Co.'s argument that the rule was misapplied when the court refused to reduce a $5 million patent verdict against it.

  • September 19, 2014

    SanDisk Can't Escape Flash Memory Antitrust Suit

    A California federal judge denied SanDisk Corp.’s bid to toss a putative class action lodged by retailers and customers accusing the company of using its patents to monopolize the flash memory industry, ruling the plaintiffs have standing.

  • September 19, 2014

    Mega Damages In Peril After Fed. Circ. Nixes Apple Verdict

    It will be much more difficult for patent owners to secure massive verdicts now that the Federal Circuit has thrown out a $368 million damages award against Apple Inc., attorneys say, since the court sent a clear message that damages estimates must be closely tied to the patented features.

  • September 19, 2014

    Gazprom Wants $1.3B Trade Secrets Suit In Federal Court

    Russian gas giant OAO Gazprom said Friday that a $1.3 billion trade secrets suit being pursued by Moncrief Oil International Inc. belongs in Texas federal court because the dispute is subject to a foreign arbitration agreement governing a failed Siberian gas field deal.

  • September 19, 2014

    Merck, BMS Circling Deal With Cipla Over Sustiva Generic

    Merck Sharp & Dohme Corp. and Bristol-Myers Squibb Co. may be nearing the end of a patent row with Cipla USA Inc. over Cipla’s plans to make a generic version of the antiretroviral drug Sustiva, according to a letter filed on Thursday in New Jersey federal court.

  • September 19, 2014

    Conan Doyle Estate Takes Sherlock IP Fight To High Court

    The estate of writer Arthur Conan Doyle took its copyright dispute over the Sherlock Holmes stories to the U.S. Supreme Court on Monday, arguing that the editor of a new anthology of tales inspired by the detective should have been forced to cough up the work in question.

  • September 19, 2014

    LinkedIn Wants Remainder Of Email-Harvesting Suit Dismissed

    LinkedIn Corp. on Thursday called for a California federal judge to throw out the remainder of a putative class action alleging the social media network broke into users’ accounts to send emails on their behalf, saying the plaintiffs’ amended complaint fails to state a claim on which relief can be granted.

  • September 19, 2014

    Frito-Lay Stole Plastic Packaging Designs, Manufacturer Says

    An Illinois packaging manufacturer on Thursday accused Frito-Lay Inc. of using its proprietary designs for flexible, resealable plastic cubes and passing them off as Frito-Lay’s own, hitting the snack food giant with a federal trade secrets misappropriation suit.

  • September 19, 2014

    Ex-Club Owner Must Give Docs To Adult Co. Vivid In IP Suit

    A Florida federal judge on Thursday ordered a former nightclub owner to hand over documents in a trademark infringement lawsuit that pornographic film company Vivid Entertainment Group filed against him over his use of the mark “Vivid” in the name and promotion of his club.

Expert Analysis

  • Purple Is The New Orange: A New Book On Biosimilars

    Christopher J. Betti

    While the U.S. Food and Drug Administration's Purple Book has been colloquially referred to as an “Orange Book equivalent,” the two contain distinct types of information — their differences reflect the unique nature of biologics and the 351(k) approval process, say attorneys at K&L Gates LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Should PTAB Apply Broadest Reasonable Construction In IPR?

    Eric Cohen

    Patent Trial and Appeal Board decisions that have applied the broadest reasonable interpretation standard should be analyzed before Congress passes legislation to require a different claim construction standard. A study is necessary to determine whether and how a different claim construction standard would have made any difference in the decisions, says Eric Cohen of Katten Muchin Rosenman LLP.

  • A Case To Study On Patent And Trade Dress Protection

    Anthony V. Lupo

    The Fourth Circuit's ruling in McAirlands Inc. v. Kimberly-Clark Corp. highlights the intersection of patent and trade dress protection — while utility patents provide inventors a limited monopoly over functional aspects of a product, trade dress affords potentially perpetual protection for nonfunctional designs that associate a product with a manufacturer or source, say attorneys at Arent Fox LLP.

  • 5 Things You Should Know About Post-Grant Review

    Jeff Vockrodt

    As with the wildly popular inter partes review, post-grant review offers the ability to challenge issued patents in a trial-like procedure before the Patent Trial and Appeal Board and obtain a final written decision within about 18 months. But there are some important differences between the processes, says Jeff Vockrodt of Hunton & Williams LLP.

  • Advertising On Social Media: How To Avoid Legal Problems

    Erin Hickey

    While marketing departments rapidly have embraced social media advertising, legal departments are cautious in giving them the green light. Trying to keep your company’s marketing timely and clever, while also making sure it is legal, can be a juggling act for many, say Erin Hickey and Nancy Ly of Fish & Richardson PC.

  • Generics Need Sword, Shield For 'Exceptional' Patent Case

    Jeffrey Hovden

    Following the U.S. Supreme Court decisions in Octane Fitness and Highmark, brands may find it easier to get exceptional-case fees and costs from generics. Generics — already struggling at the margin to maximize their litigation budgets — need to get a firm grip on this development so that they can avoid paying these fees, and maybe even turn the tables on their adversaries, says Jeffrey Hovden of Robins Kaplan Miller & Ciresi LLP.

  • What Alice Ruling Means For Software Entrepreneurs

    The U.S. Supreme Court ruling in Alice Corp. v. CLS Bank is important to software startups because it goes to the very core of the value that they deliver to the market, says Robert Sachs of Fenwick & West.

  • AIA Section 102 — Simplified

    Paul Morgan

    Section 102 is perhaps the most important provision of the America Invents Act — but, not surprisingly, it is not a model of plain English. I attempted to rewrite it in simpler, shorter language for easier understanding, says Paul Morgan, former assistant chief patent counsel at Xerox Corp.

  • Post-Nautilus Most Indefinite Patent Challenges Fail

    John T. Gutkoski

    Since the U.S. Supreme Court issued Nautilus Inc. v. Biosig Instruments Inc. and adopted the new “reasonable certainty” standard for finding patent claim terms indefinite, courts have found the vast majority of claim terms to be sufficiently definite — whether viewed on a case-by-case or term-by-term basis, the vast majority of indefiniteness challenges have failed, say attorneys at Hiscock & Barclay LLP.