Intellectual Property

  • July 6, 2015

    Shire Says Fed. Circ. Misapplied Teva Deference Standard

    Shire Development LLC has asked the full bench of the Federal Circuit to review an earlier decision that overturned a patent win in the drugmaker’s favor, arguing the appellate court incorrectly applied the patent review standard recently set by the U.S. Supreme Court in Teva v. Sandoz.

  • July 6, 2015

    Fed. Circ. Told To Reject Joint Infringement Review Bid

    Limelight Networks Inc. has pushed back against Akamai Technologies Inc.'s bid for a full Federal Circuit review of a recent ruling that multiple parties can be held jointly liable for patent infringement only in rare situations, saying the appellate court's decision was on the money.

  • July 6, 2015

    Gould & Ratner Nabs Loeb & Loeb Atty To Head Its IP Group

    Chicago-based Gould & Ratner LLP has brought on a former Loeb & Loeb LLP attorney who serves clients in the life sciences, technology and telecommunications industries to chair its intellectual property group and to be a partner in its litigation and business counseling and transactional practices.

  • July 6, 2015

    BREAKING: Ex-Goldman Coder Gets Theft Conviction Reversed

    A New York state judge on Monday set aside the conviction of former Goldman Sachs Group Inc. programmer Sergey Aleynikov, who stood accused of stealing the financial giant’s computer code for its high-frequency trading platform, marking the second time a court has overturned his conviction.

  • July 2, 2015

    Supreme Court Justices Held Stock In Cos. Involved In Cases

    Financial disclosures from the U.S. Supreme Court Thursday show several justices held stakes in companies involved in cases last year, including Chief Justice John Roberts, who owned at least $250,000 in Time Warner Inc. stock when it was involved in the American Broadcasting Company v. Aereo case.

  • July 2, 2015

    Fed. Circ. Nixes Atty Fee Award To Orbis In IP Dispute

    The Federal Circuit refused to let Orbis Corp. collect attorneys’ fees from Buckhorn Inc. on Thursday after Orbis beat a container patent suit filed by Buckhorn, even though the company had been allowed to collect $2.8 million in fees from a co-plaintiff.

  • July 2, 2015

    Apple Dodges Potential $1.6B Award In Smartflash IP Suit

    A Texas federal judge on Thursday said Apple Inc. did not willfully infringe media storage patents held by Smartflash LLC, nullifying a jury’s determination of willful infringement which Smartflash asserted entitled it to have a $533 million damages award tripled to $1.6 billion.

  • July 2, 2015

    Unfinished Navy Vessels Cut From FastShip Patent Suit

    Several U.S. Navy ships have been let off the hook in FastShip LLC’s patent suit, after the U.S. Court of Federal Claims found that the vessels’ allegedly infringing components were unfinished when FastShip’s patents expired.

  • July 2, 2015

    Fed. Circ. Chops $100M Off Schlumberger Patent Verdict

    The Federal Circuit on Thursday threw out about $100 million of a $124 million damages award that oil field services provider Schlumberger Ltd. won in a patent suit against rival Ion Geophysical Corp., ruling that lost profits cannot be awarded for damages resulting from contracts performed abroad.

  • July 2, 2015

    Daiichi Sankyo Loses Patent Term Adjustment Challenge

    The Federal Circuit on Thursday rejected a pharmaceutical company’s challenge to the way the U.S. Patent and Trademark Office calculated patent term adjustments for two of its patents on treating dead tissue, saying the agency’s decision wasn’t unreasonable.

  • July 2, 2015

    Brand Battles: Bayer, Philips, HBO, Red Bull

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Bayer's Phillips' Milk of Magnesia and Koninklijke Philips come to blows, HBO takes on Sling Media over a “Slingshot,” and Red Bull is “red” in the face over soft-drink mark.

  • July 2, 2015

    8th Circ. Urged Not To Rehear $42M NFL Player IP Deal

    The settling plaintiffs in a $42 million settlement between the NFL and nearly 25,000 players over the use of players' likenesses in NFL-sponsored TV shows told the Eighth Circuit on Thursday not to rehear the case, despite several former players’ request for a rehearing.

  • July 2, 2015

    Verizon Prevails As Judge Axes Spherix Patent Under Nautilus

    Verizon Communications Inc. has beaten a suit alleging it infringed a Spherix Inc. modular networking data patent that was acquired from Rockstar Consortium U.S. LP, with a Virginia federal judge ruling Wednesday that the patent is indefinite under the framework established by the U.S. Supreme Court's Nautilus ruling. 

  • July 2, 2015

    Fla. Jury Clears IP Firm Of Malpractice In Legal Fees Flap

    A Florida federal jury on Thursday found in favor of intellectual property firm Stein Law PC on malpractice charges brought by a medical supply company, but rejected a series of counterclaims the firm brought related to alleged contract breaches.

  • July 2, 2015

    Dentons DQ’d Over Verein Conflict In Gap Patent Case

    A U.S. International Trade Commission judge took the “drastic remedy” of disqualifying Dentons US LLP from representing an Ohio company in a patent suit against Gap Inc., saying the Swiss verein structure of the firm did not prevent lawyers from breaching their duty of loyalty to Gap, a longtime client.

  • July 2, 2015

    3M Rival Seeks Punitive Damages For 'Baseless' IP Suit

    Moldex-Metric Inc. wants punitive damages from 3M Co. for allegedly trying to monopolize military contracts for earplugs with a “baseless” patent suit, according to a filing Wednesday in a Minnesota federal court suit that accuses 3M of a pattern of edging out the competition. 

  • July 2, 2015

    FTC Asks Court To Review AbbVie Pay-For-Delay Dismissal

    The Federal Trade Commission asked a Pennsylvania federal judge Wednesday to consider taking a second look at a May ruling that gutted the agency’s pay-for-delay suit against AbbVie Inc. over testosterone drug AndroGel, following a recent Third Circuit decision in a similar case.

  • July 2, 2015

    Wilson Hits Back In Football Helmet Strap Patent Suit

    Sports equipment maker Wilson Sporting Goods Co. asked a Texas federal court Thursday to toss a patent infringement suit lodged against it by SportStar Athletics Inc., saying the football helmet chin-strap in question does not violate the asserted patents.

  • July 2, 2015

    Hyundai Ripped Off Adaptive Headlight Tech, Suit Says

    Hyundai Motor America was hit with a patent infringement lawsuit on Wednesday alleging that at least two of its vehicle models contain built-in adaptive, self-leveling headlight technology that infringes on a headlight maker’s patents, according to a complaint filed in Delaware federal court.

  • July 2, 2015

    1 Year Later: What We've Learned About Aereo

    It's been a whole year since the U.S. Supreme Court declared Aereo Inc.'s unauthorized streaming television service illegal, giving courts time to weigh in on volitional conduct, the compulsory license, and the ruling's carefully-written limits.

Expert Analysis

  • 3 Functional Claiming Questions To Address Post-Williamson

    Justin Colannino

    The Federal Circuit’s recent decision in Williamson v. Citrix Online LLC signals a possible return to old restrictions on functional claiming. This could drastically change the scope of a patent owner’s existing portfolio, say Justin Colannino and A.J. Tibbetts of Wolf Greenfield & Sacks PC.

  • An Empirical Approach To Reverse Payment Settlements

    Joshua Gans

    It is crucial to view reverse payment settlements not in absolute terms but in proportion to the branded drug company’s lost profits in the event of generic entry, say Joshua Gans, a professor at the University of Toronto, and Lisa Cameron, a principal at The Brattle Group Inc.

  • Timing And Considerations For Filing An Opposition At TTAB

    Excerpt from Lexis Practice Advisor
    Paul Llewellyn

    If your client is considering opposing a trademark application, it is advisable to file at least an extension request — for which there is no fee charged — by the 30-day deadline. If you do not file a notice of opposition or an extension request by the 30-day deadline, it cannot be remedied, says Paul Llewellyn of Kaye Scholer LLP.

  • Franchises And The Dangers Of Unauthorized Products

    John Hughes

    Few items will draw the ire of a franchiser — especially a restaurant franchiser — more than its franchisees selling unauthorized products. Although not every authorized product is created equally, even a different kind of pickle on a hamburger can lead to a slightly different customer experience and the product consistency that is so important for the franchise system could be jeopardized, says John Hughes at DLA Piper.

  • Tips For Protecting Trade Secrets In China

    Ruixue Ran

    It will take time to improve China’s recognition and enforcement of intellectual property protection, and to harmonize China’s fragmented patchwork of laws and regulations governing trade secrets enforcement. But reported improvements — such as easier filings, simplified trial procedures and shorter hearings at the new IP courts — provide hope that progress will continue, say attorneys with Covington & Burling LLP.

  • The Role Of Unappreciated Inherency In Obviousness Analysis

    James Gumina

    From the recent case law, it is clear that the obviousness analysis cannot be assumed to be limited to that information that was known in the art. Inherent characteristics, even an unappreciated inherent characteristic, of the prior art should be considered when evaluating an obviousness position, says James Gumina of McDonnell Boehnen Hulbert & Berghoff LLP.

  • An 'Exceptional Case' One Year After Octane: Part 2

    Timothy P. Cremen

    One year on, the U.S. Supreme Court’s Octane and Highmark decisions have drastically altered the fee-shifting landscape in patent cases, and courts have repeatedly permitted fee-shifting in cases where there are clear differences between the asserted claims and accused products, or where a patentee has ignored settled law or otherwise proceeded in bad faith, say attorneys with Paul Hastings LLP.

  • Anticipating IP Trends In 3-D Printing

    Bryan Vogel

    Increasingly, those creating software for 3-D printing have turned to trade secret protection. But software innovators who choose trade secret law rather than patent law to protect their innovations must have a strong risk tolerance, says Bryan Vogel of Robins Kaplan LLP.

  • The Indian Arts And Crafts Act — A Powerful Tool

    Brendan Johnson

    Lawsuits under the Indian Arts and Crafts Act — a law that prohibits offering for sale any arts or craft products that falsely suggest that they are of Indian origin — have the potential to be very lucrative for the tribes involved. The sheer magnitude of the potential statutory damages, extent of recent targets and number of settlements indicate that the IACA should be taken seriously, say Brendan Johnson and Seth Nielsen of Robins Kaplan LLP.

  • Preparing For The Obvious At The PTAB

    Bradley Van Pelt

    Petitioners attempting to institute an inter partes review on grounds of obviousness should not expect that the Patent Trial and Appeal Board will connect the dots in determining whether to grant the petition for review. The PTAB’s job is not to determine whether the claims are patentable, but only whether the petitioner has satisfied its burden, say Bradley Van Pelt and Brittany Martinez of Banner & Witcoff Ltd.