Intellectual Property

  • March 30, 2015

    Oracle Slams Support Cos.' Defenses In Software IP Fight

    Oracle America Inc. urged a California federal judge on Monday to rule that Terix Computer Company Inc. infringed its software copyrights by illegally downloading software patches in order to “steal” customers and provide them with third-party support for Oracle’s Solaris operating system and related software.

  • March 30, 2015

    BREAKING: Jury Finds Motorola Infringed Intellectual Ventures Patent

    A Delaware federal jury on Monday found that Motorola Mobility LLC infringed an Intellectual Ventures LLC patent, giving the nonpracticing entity its second victory in as many weeks.

  • March 30, 2015

    Jury To Decide If Jay-Z's 'Big Pimpin' Sample Is Licensed

    A California federal judge overseeing a copyright suit against rapper Jay-Z over an Egyptian song sampled in “Big Pimpin” tentatively rejected a bid Monday to slash the rapper’s affirmative defenses, ruling it’s up to a jury to decide if Jay-Z holds a valid license to use the sampled tune.

  • March 30, 2015

    Purdue's Sleep Aid Patents Are Obvious, Judge Rules

    A New Jersey federal judge on Friday found that Purdue Pharmaceutical Products LP’s three patents for sleep aid Intermezzo are invalid for obviousness, granting a win to Actavis Elizabeth LLC, Novel Laboratories Inc. and others who Purdue sued over their plans to market their own generic versions of the drug.

  • March 30, 2015

    Travelers Says Farmers Is Infringing Red Umbrella Logo

    Travelers Indemnity Co. kicked off an insurance industry trademark showdown Friday, filing a lawsuit against Farmers Group Inc. that will pit Traveler’s trademark rights in its famed red umbrella logo against the rival’s marketing for “umbrella insurance.”

  • March 30, 2015

    FDA Can't Revoke Ranbaxy's Drug Approvals, DC Circ. Told

    Ranbaxy Inc. has asked the D.C. Circuit to overturn a federal court’s upholding of a “historically unprecedented” decision by the U.S. Food and Drug Administration to strip the pharmaceutical giant of tentative approvals for two generics.

  • March 30, 2015

    High Court Won't Rule on Patent Co-Owners Barring Suits

    The U.S. Supreme Court on Monday rejected the University of New Mexico’s challenge of a decision that a patent co-owner’s ability to impede an infringement suit is a “substantive right” that supersedes a federal procedural rule allowing courts to join required parties involuntarily.

  • March 27, 2015

    Dillard's Underwear Model Loses Image Rights Appeal

    An underwear model who sued Dillard's Inc. and a modeling agency for using his image on underwear packaging without his permission was left empty handed after a Texas appeals court nixed his $4,500 jury award, ruling the statute of limitations had passed on his claim.

  • March 27, 2015

    Cresta Urges ITC Review In TV Tuner Infringement Dispute

    Cresta Technology Corp. on Thursday filed a public version of its U.S. International Trade Commission petition urging review of a decision finding Samsung Electronics Co. Ltd. and other TV manufacturers did not infringe two of its silicon TV tuner patents.

  • March 27, 2015

    Brand Battles: McDonald's, Amazon, Neil Diamond

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald's takes on lobster macaroni and cheese, Amazon "fires" at unauthorized smartphone cases, and it "ain't no big surprise" that Neil Diamond is taking on a "Sweet Caroline" imposter.

  • March 27, 2015

    Marvell Says Teva Applies In High Court Bluetooth Patent Row

    Accused Bluetooth patent infringer Marvell Semiconductor Inc. continued its push for the U.S. Supreme Court to review a Federal Circuit ruling that vacated the patent licensor’s stipulation of noninfringement, arguing the decision can’t be squared with the high court’s Teva ruling.

  • March 27, 2015

    Troll Bill Threatens To Weaken All Patents, GCs Say

    In-house counsel for IBM Corp., United Technologies Corp. Aerospace Systems, Juniper Networks Inc. and others said at a conference Friday that they are worried that a bill in Congress aimed at thwarting so-called patent trolls will actually weaken all patents and hurt their business.

  • March 27, 2015

    Wells Fargo Hits Rival's Trade Secrets Suit With Like Claims

    Wells Fargo Insurance Services USA Inc., sued over trade secrets an executive allegedly stole from former employer Hylant Group Inc., launched counterclaims Thursday that a former Wells Fargo employee now working at the rival insurance brokerage disclosed trade secrets and solicited customers and staff from Wells Fargo.

  • March 27, 2015

    Provigil Pay-For-Delay Suit Survives Reconsideration Bid

    A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • March 27, 2015

    ITC Launches Investigation Of Lithium-Ion Battery Materials

    The U.S. International Trade Commission has announced an investigation into claims that certain lithium metal oxide cathode materials and lithium metal-ion batteries used in power tools infringe patents asserted by BASF Corp. and UChicago Argonne LLC.

  • March 27, 2015

    Microsoft, CVS, JPMorgan Sued Over Geolocation Patents

    Microsoft Corp., CVS Caremark Corp., JPMorgan Chase & Co., Wells Fargo Bank NA and HEB Grocery Co. LP were sued Thursday in Texas federal court over claims that they ripped off a patented geolocation system. 

  • March 27, 2015

    Ford Drives Off With Win In Patent, Trade Secret Trial

    Ford Motor Co. beat a $275 million patent infringement suit on Thursday when a Washington federal jury found that the automaker did not infringe four electric systems patents asserted by Eagle Harbor Holdings LLC, which was also found liable for misappropriating Ford's trade secrets.

  • March 27, 2015

    Rader Fishman, Co-Founding Partner Settle Competing Suits

    Claims that Michigan-based Rader Fishman & Grauer PLLC co-founder Ralph Rader bilked nearly $2 million from the intellectual property boutique have been settled as of Friday, as have Rader’s claims that the firm owes him $1.6 million related to his exit after a stroke.

  • March 27, 2015

    US Prods China On Murky Banking Sector Rules At WTO

    After much cajoling from a litany of business groups, the U.S. government has begun pressing China to shed more light on the controversial rules placing restrictions the use of foreign technology in its banking sector, according to a World Trade Organization document circulated Thursday.

  • March 27, 2015

    CRB Decision Stiffed Producers, Fattened MPAA, DC Circ. Told

    A company representing cable television producers urged a D.C. Circuit panel Friday to nix a Copyright Royalty Board decision allegedly stiffing it on millions in broadcast royalties from 2000 to 2003, saying the CRB arbitrarily gave Motion Picture Association of America most of the revenue.

Expert Analysis

  • 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 key stroke 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.

  • YourBrand.Sucks: How To Deal With The New GTLD

    Andrea Calvaruso

    The launch of the .sucks generic top-level domain is of particular concern to brand owners. But all is not necessarily lost for companies who are not willing or able to purchase domain names in the .sucks registry, say Andrea Calvaruso and Ana Correa of Kelley Drye & Warren LLP.

  • Adventures In Post-Alice Wonderland

    Ji-Yong Chung

    Just like Alice used magical tonics to escape from her predicaments in Wonderland, patent practitioners can create a potion to escape misguided application of the U.S. Supreme Court's Alice test for subject matter eligibility. To discover the ingredients, we must embark on a tour of post-Alice decisions from the Federal Circuit, district court and Patent Trial and Appeal Board, says Ji-Yong Chung, an attorney with Snyder Clark Lesc... (continued)