Intellectual Property

  • March 31, 2015

    Meggitt Sanctions Bid In IP Row A Diversion: Ex-Engineer

    An ex-Meggitt Inc. engineer accused of stealing trade secrets blasted the British aerospace and defense engineering company on Monday for asking a California federal judge to issue a final judgment against him because of purported discovery violations, arguing the company has substituted sanctions for arguing the facts.

  • March 31, 2015

    Dell, HP Win Fees As IP Firm Niro Haller Sanctioned Again

    Niro Haller & Niro Ltd. attorneys on Tuesday were again slapped with sanctions for representing an inventor they knew lied to obtain patents, with an Illinois federal judge ordering the attorneys liable for fees Sharp Corp., Hewlett-Packard Company and Dell Inc. incurred defending the suit.

  • March 31, 2015

    Acacia Unit’s Counsel DQ’d, Schlumberger IP Suit Tossed

    A Texas federal judge on Tuesday disqualified counsel of an Acacia Research Group subsidiary and tossed its patent suit against Schlumberger Ltd., ruling that the oilfield services company’s former in-house lawyer shared confidential information with her current employer Acacia and its legal team.

  • March 31, 2015

    Justices Look Ready To Keep Expired-Patent Royalty Ban

    The U.S. Supreme Court looked poised Tuesday to leave intact a 50-year-old rule barring royalty agreements that continue after a patent expires, with several justices saying they saw little reason to disturb the long-standing precedent in a suit over a defunct Spider-Man patent.

  • March 31, 2015

    GT Strikes Deal For $45M Ch. 11 Asset Sale

    A unit of sapphire maker GT Advanced Technologies Inc. requested a New Hampshire bankruptcy court's blessing Tuesday for a $45 million sale of sapphire furnaces and the maintenance of an IP licensing deal, which would hand off furnaces originally intended to make screens for Apple Inc. phones to an unknown Chinese buyer.

  • March 31, 2015

    'Three's Company' Riff Is Protected Parody, Judge Says

    A New York federal judge ruled Tuesday that a dark off-Broadway play riffing on "Three's Company" was a parody protected by the fair-use doctrine, not an infringement of the iconic 1970s sitcom.

  • March 31, 2015

    NY Court Revives MPEG's $4M Converter Box Royalty Suit

    A New York appeals court on Tuesday revived patent-pool manager MPEG LA LLC’s bid to rope the owners of GXI International LLC into a breach of contract suit seeking to extract nearly $4 million from the company for television converter box royalties, finding that the business's owners were involved enough to be named as alter ego defendants.

  • March 31, 2015

    ITC To Investigate Ericsson Patent Complaints Against Apple

    The U.S. International Trade Commission said Monday it will investigate whether Apple Inc. violated trade laws by importing electronics that may infringe on several Ericsson Inc. patents, as a bitter legal battle between the two tech giants continues to play out.

  • March 31, 2015

    High Court Appears Split On 'Good Faith' Patent Defense

    The U.S. Supreme Court appeared split on Tuesday on whether to uphold a Federal Circuit ruling that a company's good faith belief that a patent is invalid can serve as defense to induced infringement, with the justices debating whether the defense is grounded in patent law or wrongly excuses liability.

  • March 31, 2015

    Amazon, Retailers Get DVD Parental Control IP Suit Trimmed

    A California federal judge ruled Monday that DVD players that contain parental control features sold by Amazon.com Inc. and other electronics retailers do not infringe a patent held by Guardian Media Technologies, a decision that cuts the litigation in half.

  • March 31, 2015

    McDermott Patent Pros Take IP Team To Paul Hastings

    Two ex-McDermott Will & Emery LLP intellectual property aces on Monday made official their move to Paul Hastings LLP, bringing with them a half dozen other former McDermott IP partners to Paul Hastings' Palo Alto and Washington, D.C., offices.

  • March 31, 2015

    Judge Won't DQ Milberg & DePhillips In Surfboard IP Row

    A California federal judge on Monday refused to disqualify Milberg & DePhillips PC from representing a celebrity surfer and co-owner of Kookbox Surfboards Inc. in a suit alleging he’s using the company’s trademark in a separate venture, saying the firm doesn’t have confidential information that’s adverse to Kookbox from the earlier trademark filing.

  • March 31, 2015

    Intellectual Ventures Rips Alice Attack In Symantec IP Suit

    Intellectual Ventures I LLC blasted a bid by Symantec Corp. to invalidate three antivirus software patents as abstract under the U.S. Supreme Court's Alice framework after the company was hit with a $17 million infringement verdict, arguing Monday that Symantec's argument would mean that no software is patentable.

  • March 31, 2015

    Viacom Wants Court To ID Owners Of 'Nick' Streaming Site

    Viacom Inc. is pushing a federal judge to force PayPal Inc. and various others to turn over the identities of whoever launched NickReboot.com, the now-defunct streaming service for classic episodes from Viacom's Nickelodeon cable network.

  • March 31, 2015

    EBay Gets Online Auction Patent Nixed Under Alice

    EBay Inc. has short-circuited an infringement suit filed by patent-holding company Advanced Auctions LLC as a California federal judge invalidated Advanced Auctions’ online auction patent, ruling it covers an abstract idea and is unpatentable under the Alice Corp. standard.

  • March 31, 2015

    Ranbaxy, AstraZeneca Say Plaintiffs Lack Basis For New Trial

    Ranbaxy Inc. and AstraZeneca PLC urged a Massachusetts federal court Monday to deny a bid by plaintiffs who lost a recent pay-for-delay class action trial over the heartburn drug Nexium to file a supplemental submission, saying it provided no basis for a new trial.

  • March 31, 2015

    Filmmakers Blast Stroock Arbitration Bid In $32M Row

    A production company that hit Stroock & Stroock & Lavan LLP with a $32 million legal malpractice suit in California called the firm’s recent attempt to force arbitration “confusing” and “inaccurate,” saying it never signed a retainer agreement the firm claims compels arbitration.

  • March 31, 2015

    Colo. Resort Settles With J. Crew Over 'Broadmoor' Mark

    J. Crew Group Inc. has agreed to settle a trademark infringement lawsuit with Colorado resort The Broadmoor that accused the retailer of selling Broadmoor-branded men's outerwear that infringed its apparel-related marks, according to a legal brief filed Tuesday.

  • March 31, 2015

    EA Faces Patent Suit Over Multiplayer Gaming

    Technology incubator Acceleration Bay LLC sued Electronic Arts Inc. Monday in Delaware federal court for allegedly infringing on six patents in its multiplayer video games, including FIFA 15, NHL 15 and Tiger Woods PGA Tour 14.

  • March 31, 2015

    Fed. Circ. Revives Generic Benicar Exclusivity Challenge

    In a precedential opinion, the Federal Circuit on Tuesday revived a suit by Apotex Inc. that sought a judgment that its generic version of Daiichi Sankyo Inc.'s hypertension drug Benicar will not infringe a patent that Daiichi had disclaimed, saying that the lower court wrongly determined that no controversy existed.

Expert Analysis

  • Biosimilar Patent Disputes — An Update On The Last 8 Months

    Elizabeth Stotland Weiswasser

    The Federal Circuit provided important guidance in Sandoz Inc. v. Amgen Inc. on the Biologics Price Competition and Innovation Act — on declaratory judgment jurisdiction generally. But we're still waiting for guidance on the act’s patent provisions themselves, say Elizabeth Weiswasser and Michele Gauger of Weil Gotshal & Manges LLP.

  • 3 Lingering Questions After China’s Qualcomm Ruling

    Lipeng Mei

    China’s National Development and Reform Commission recently stated that it was unreasonable that Qualcomm Inc. did not provide a list of licensed patents to licensees. In theory, this makes perfect sense. In practice, however, there are many obstacles for a licensor with a large patent portfolio to strictly comply with the ruling, say Lipeng Mei, an anti-monopoly enforcement official with the Chinese government, and Lei Mei of Mei & Mark LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • 'Hypothetical Test' Takeaways From Trump Entertainment

    Debra McElligott

    The Section 365(c)(1) "hypothetical test" adopted by the Third Circuit remains an obstacle for debtors that simply wish to keep their intellectual property licenses. A Trump Entertainment Resorts Inc. opinion, however, hints at the role Section 365(f)(1) can play in limiting the reach of the hypothetical test, says Debra McElligott of Weil Gotshal & Manges LLP.

  • Teva Impact Will Depend On Phillips Hierarchy Of Evidence

    Christopher M.P. Jackson

    Because of the new significance attached to evidentiary categories in determining the standard of appellate review, the U.S. Supreme Court's recent decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. puts a renewed focus on the criteria that the Federal Circuit applies in determining whether extrinsic evidence may be relied upon, say Christopher M.P. Jackson and Mina S. Reiman of Cohen & Gresser LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • An Assessment Of The Commil Briefings And Potential Fallout

    Matthew Berkowitz

    If the Federal Circuit’s decision is affirmed by the U.S. Supreme Court in Commil USA LLC v. Cisco Systems Inc. — set for oral argument Tuesday — it may all but eliminate induced infringement under Section 271(b) as a viable theory of infringement liability, says Matthew Berkowitz of Kenyon & Kenyon LLP.

  • Patent Reform — Texas Style

    Richard Smith

    On the heels of initiatives by other states, Texas may soon have its own statute addressing demand letters that allege patent infringement. Of particular interest in the recently filed bill are the registration and disclosure requirements for certain patent infringement claims, says Richard Smith, an intellectual property attorney.

  • TTAB Litigation Just Got More Complicated, More Expensive

    Jane Shay Wald

    Perhaps most frustrating about the decision in B&B Hardware Inc. v. Hargis Industries Inc. was the U.S. Supreme Court's dismissive approach to the very real concern that Trademark Trial and Appeal Board proceedings are incredibly different from district court infringement cases, says Jane Shay Wald of Irell & Manella LLP.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.