Intellectual Property

  • January 29, 2015

    Adobe Says Forever 21 Is Pirating Photoshop

    Adobe Systems Inc. and two other software developers accused retail giant Forever 21 on Wednesday of illegally reproducing copies of Photoshop and other programs, violating the companies’ copyrights.

  • January 29, 2015

    Insurer Must Cover Target, Lingerie Co., Court Told

    Lingerie maker Parisa USA fought back Wednesday on behalf of itself and Target Corp. against insurer Samsung Fire & Marine Insurance Co. Ltd.'s California federal court claims that Samsung needn't cover an underlying copyright-infringement battle against the two.

  • January 29, 2015

    Sen. Cornyn Says GOP-Led Congress Will Fight Patent Trolls

    Sen. John Cornyn, R-Texas, vowed Thursday to use the Republican Party's recently won congressional majority to push for patent reform measures, including a bill that would curb allegedly abusive patent litigation from patent trolls but failed in last year's Democrat-controlled Senate.

  • January 29, 2015

    US Businesses Slam 'Intrusive' Chinese Cybersecurity Rules

    A coalition of U.S. business groups on Wednesday took a firm stand against Chinese cybersecurity rules requiring foreign technology companies to hand over highly sensitive source codes to their banking sector clients, blasting the measures as an “intrusive” obstacle to innovation and competition.

  • January 28, 2015

    AIA Reviews Unconstitutional, Patent Owner Tells Fed. Circ.

    A company that's suing Hewlett-Packard Co. for infringing a flash memory patent that was invalidated in an inter partes review has told the Federal Circuit that all America Invents Act reviews are unconstitutional because they deprive patent owners of their right to a jury trial.

  • January 28, 2015

    AG Nom Lynch Promises Independent DOJ In Senate Hearing

    U.S. Attorney General nominee Loretta Lynch on Wednesday sought to set herself apart from contentious current Attorney General Eric Holder, as senators pressed her over her stance on immigration, financial, trade secret and cybersecurity issues, as well as a recent Internal Revenue Service scandal.

  • January 28, 2015

    Squire Patton Boggs Picks Up SolarWinds General Counsel

    Squire Patton Boggs has added the former general counsel of information technology management software company SolarWinds Inc., who brings transactional and intellectual property experience to its Tampa, Florida office, the firm announced Wednesday.

  • January 28, 2015

    With Nike Logo Case, 'Raging Bull' Ruling Rears Its Head

    The lawsuit Nike Inc. is facing over an iconic image of Michael Jordan is precisely the kind of thing some feared after the U.S. Supreme Court's "Raging Bull" ruling last year: an unexpected, decades-delayed allegation of copyright infringement over a highly lucrative property.

  • January 28, 2015

    IP Group Of The Year: Goodwin Procter

    Goodwin Procter LLP’s intellectual property group had a banner year, from scoring a high court decision on claim construction for Teva Pharmaceuticals USA Inc. to securing the Patent Trial and Appeal Board’s first precedential decision during post-grant proceedings, earning a spot among Law360’s IP Practice Groups of the Year.

  • January 28, 2015

    Motorola Can't Invoke Alice, Intellectual Ventures Says

    Motorola Mobility LLC’s claim that three smartphone patents it is accused of infringing are invalid under the U.S. Supreme Court’s Alice and Nautilus rulings is “pure conjecture” unsupported by the evidence, Intellectual Ventures LLC told a Delaware federal court Monday.

  • January 28, 2015

    Giants Accused Of Playing Forum Games In Memorabilia Suit

    A memorabilia dealer accusing the New York Giants of scapegoating him to hide the distribution of bogus collectibles told the Third Circuit on Monday he should be awarded attorneys' fees because the team had removed the case to federal court in order to delay the suit and stop him from obtaining discovery.

  • January 28, 2015

    Beyonce Photos Stolen By Gossip Site, Paparazzi Co. Says

    A Los Angeles-based paparazzi company filed suit in federal court on Tuesday alleging that a celebrity news website infringed on its copyrighted photos of a pregnant Beyonce Knowles taken in 2011.

  • January 28, 2015

    Reed Smith Adds Ex-DLA Piper Atty To NY And SF Offices

    Reed Smith LLP has bolstered its intellectual property practice group in its New York and San Francisco offices with the addition of an ex-DLA Piper attorney who has expertise in commercial litigation and in representing clients in the technology industry.

  • January 28, 2015

    EU Trade Chief Aims To Pull Down Chinese Investment Hurdles

    The European Union's top trade official on Tuesday continued to stump for the removal of numerous Chinese investment barriers, including the forced transfer of technology and intellectual property, which will be critical as the two sides' talks for a bilateral investment pact move into a more serious phase.

  • January 28, 2015

    Adaptix Ramps Up AT&T, HTC Patent Feud Despite Setback

    Adaptix Inc. has accused AT&T Mobility LLC and HTC Corp. of infringing two of its data encoding patents with their 4G LTE wireless network, just days after a California federal judge ruled that parts of those patents were invalid in a separate suit also targeting AT&T and HTC.

  • January 28, 2015

    Medtronic Unit Gets Another Bosch Telehealth Patent Nixed

    The Patent Trial and Appeal Board on Tuesday ruled that a Robert Bosch Healthcare Systems Inc. telehealth technology patent is invalid as obvious, nixing a fourth patent that Bosch has accused competitor Medtronic Inc. unit Cardiocom LLC of infringing.

  • January 28, 2015

    Quincy Jones Slams Sony Over Docs In 'Bad' Royalties Row

    Legendary music producer Quincy Jones told a California judge on Wednesday that Sony Music Entertainment and Michael Jackson's production company are wrongfully withholding partnership agreement documents in Jones' $10 million suit alleging that Sony cheated him out of royalties on "Bad," "Thriller" and "Off the Wall."

  • January 28, 2015

    DOD Accused Of Infringing Humvee Patent

    An automotive designer sued the government in the U.S. Court of Federal Claims on Tuesday, alleging that the U.S. infringed his patent for Humvee frame rail assembly by contracting to buy Humvees from an infringing manufacturer, AM General LLC.

  • January 28, 2015

    Airbus Gets Bell Helicopter Sales Halted In IP Row

    A D.C. federal judge ordered Bell Helicopter Textron Inc. to stop making or selling helicopters with infringing landing gear on Thursday, granting a permanent injunction requested by patent owners Airbus Helicopters and finding the company may suffer future harm in the form of lost sales.

  • January 28, 2015

    Hormel Ducks Trade Secret Claim Over Bacon Process

    An Oklahoma company that's suing Hormel Food Corp. in Minnesota federal court for allegedly ripping off a special process for cooking bacon was reminded Tuesday of an “axiomatic” limitation to intellectual property law: A patented idea cannot also be a trade secret.

Expert Analysis

  • 5 Trademark Lessons The Beverages Trade Learned In 2014

    Andrea H. Jasinek

    In 2014, the U.S. Patent and Trademark Office received nearly half a million trademark applications, including thousands from the beer, wine and spirits industries. Last year’s decisions by various trademark tribunals taught us, among other things, to be aware of foreign marks and that family pride doesn't entitle you to a trademark, says Andrea Jasinek of Stoel Rives LLP.

  • Exploring The Nondiscriminatory Aspect Of RAND Licensing

    Edward Gold

    The challenge of determining royalty rates and other licensing terms for standard-essential patents that can be accepted as reasonable and nondiscriminatory has recently come into sharper focus. But despite the recent court decisions, no formal definitions of “nondiscriminatory” exist in the context of RAND, say Edward Gold and Scott Weingust of Stout Risius Ross Inc.

  • Reflections On The Remarkable Rise Of Orphan Drugs

    Charles J. Andres

    Despite receiving an initially cool reception in the early 1980s, orphan drugs are increasingly important to pharmaceutical companies and patients with rare diseases. The Orphan Drug Act's incentives, along with potentially strong marketplace rewards and largely unmet medical needs, are important drivers of orphan drug growth, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • The Trouble With Commil Is DSU

    Brian Coggio

    The Federal Circuit's decision in Commil USA LLC v. Cisco Systems extends DSU’s holding — that a good-faith belief in noninfringement negates the intent requirement of § 271(b) — to a good-faith belief in a patent’s invalidity. But it is not clear that, in the cases relied upon by DSU, an intent to induce actionable infringement is required in the first instance, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • How To Fix College Football's Legal Issues

    James Gulotta Jr.

    Baseball and basketball players have professional employment opportunities at an early age — there is no reason why football players should not have similar opportunities. If the National Football League's three-season waiting rule were lifted, much of the confusion affecting college football resolves into clarity, says James Gulotta Jr. of Stone Pigman Walther Wittmann LLC.

  • Takeaways From Indian Court Ruling In Symed V. Glenmark

    Robert Silver

    The Delhi High Court's recent ruling in Symed Labs Ltd. v. Glenmark Pharmaceuticals Ltd. provides immense evidentiary guidance to plaintiffs seeking an injunction for violation of a process patent, says Robert Silver of Caesar Rivise Bernstein Cohen & Pokotilow Ltd.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Secret Patent-Examination Program: Rare But Consequential

    Kate Gaudry

    The fact that the number of applications subjected to the U.S. Patent and Trademark Office's Sensitive Application Warning System program is relatively low does not alter the fact that the program is highly questionable under constitutional and administrative law norms, say Kate Gaudry and Adam Charnes of Kilpatrick Townsend & Stockton LLP.

  • Brand Owners Can Make Trademark Tacking Stick

    Mark Mutterperl

    The U.S. Supreme Court’s recent unanimous decision in Hana Financial Inc. v. Hana Bank — the court’s first substantive trademark decision in a decade — brings the relatively unknown tacking doctrine to the forefront of the debate over how to protect marks that subtly evolve over the course of decades, say attorneys with Bracewell & Giuliani LLP.

  • USPTO And Courts Must Clarify Design-Utility Boundary

    Yin Huang

    Missing from the newfound enthusiasm for design patents is sufficient attention to the legal relationship between design patents and their utility-oriented cousins, says Yin Huang of Charles Colman Law PLLC.