Intellectual Property

  • September 4, 2015

    PTAB Axes Leak Surveys' Patents On Gas Detection System

    The Patent Trial and Appeal Board on Thursday invalidated numerous claims in two Leak Surveys Inc. patents related to a system for detecting gas leaks, handing a victory to FLIR Systems Inc. as it faces a pending infringement suit.

  • September 4, 2015

    Power Services Co. Lands $30M Trade Secrets Jury Verdict

    Energy industry services provider Power Equipment Maintenance Inc. won a $30 million jury verdict Thursday in a Georgia suit alleging its former president and others misappropriated trade secrets, breached various contracts and tried to poach customers when they bolted for rival entities backed by private equity group Azalea Capital.

  • September 4, 2015

    TVIIM Rips McAfee's 'Wholly Baseless' $2M Fee Bid In IP Case

    Nonpracticing entity TVIIM LLC, which unsuccessfully sued McAfee Inc. over a computer security patent, sought a new trial Thursday and blasted the software maker's "wholly baseless" bid for $1.8 million in fees, saying the motion failed to justify the request and is "loaded with vitriol and ad hominem attacks."

  • September 4, 2015

    With 9/11 Carve-Out, WTC Group Wins Merchandise Marks

    Trademark examiners have agreed to allow the embattled nonprofit that owns the “World Trade Center” name register it as a trademark for merchandise — but only with the proviso that the group not have a monopoly on products that commemorate the 9/11 attacks.

  • September 4, 2015

    Nike Beats TRO In Ex-NFLer's 'Lights Out' Trademark Suit

    Nike Inc. defeated former NFL linebacker Shawne Merriman’s bid to block the athletic wear company from selling gear under his trademarked “Lights Out” nickname, or from allowing a retailer to use that mark, according to an order filed Friday in California federal court.

  • September 4, 2015

    Google Denied Bid For Sanctions, Fees In AdWords Fight

    A Delaware federal judge on Friday rejected Google Inc.’s renewed motion for sanctions and attorneys’ fees against Walker Digital LLC and its attorneys from Russ August & Kabat for filing a patent suit over Google AdWords, saying that Walker Digital's infringement theory was objectively reasonable.

  • September 4, 2015

    Michael Best Nabs 7 IP Pros From Fishman Stewart In DC

    Michael Best & Friedrich LLP has hired a seven-lawyer team of copyright, patent and trademark experts from intellectual property boutique Fishman Stewart Yamaguchi PLLC to bolster the firm's Washington, D.C., office, the firm announced Thursday.

  • September 4, 2015

    Marvell Also Asks For Full Fed. Circ. Review Of $1.5B Award

    Marvell Technology Group Ltd. and Carnegie Mellon University may disagree over a Federal Circuit panel ripping up a record $1.54 billion judgment in their disk drive patent suit, but they both want the full appellate court to review the decision.

  • September 4, 2015

    Akin Gump Snags Attys From Ropes & Gray, 24 Hr. Fitness

    Akin Gump Strauss Hauer & Feld LLP has hired two new partners: an ex-Ropes & Gray LLP patent infringement expert and a labor specialist who is returning to Akin Gump after serving as 24 Hour Fitness Inc.’s general counsel.

  • September 4, 2015

    $100M Rightly Axed From Patent Verdict, Full Fed. Circ. Told

    A Federal Circuit panel correctly threw out $100 million of a $124 million patent verdict by a jury in July because the Schlumberger Ltd. unit’s “lost profits” were from overseas use by foreign third parties, Ion Geophysical Corp. told the full circuit court Thursday.

  • September 4, 2015

    Texas Justices To Hear $11.4M Spat Over Drilling Study

    The Texas Supreme Court on Friday agreed to review a trial ruling that a Southwestern Energy Co. unit owes $11.4 million to a pair of researchers for illegally profiting off their work, after the company argued the claims were time-barred and the damages unproven.

  • September 4, 2015

    Brand Battles: Lego, Microsoft, LG, Adidas

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lego goes after a toy company over its bid to register a "brick"-related mark, Microsoft takes exception to LG's "WinOZ" application, and Adidas continues its three-stripe trademark offensive.

  • September 4, 2015

    Judge Nixes 2 Intellectual Ventures Patents Under Alice

    A Maryland federal judge on Wednesday held that two mobile banking patents being asserted by Intellectual Ventures I LLC against Capital One Financial Corp. in a patent infringement and antitrust case are invalid as they claim abstract ideas under the U.S. Supreme Court's Alice standard.

  • September 4, 2015

    Fed. Circ. Says Media Patent In Capital One Suit Is Indefinite

    The Federal Circuit affirmed a decision Friday that a patent for preventing unauthorized recording of copyrighted material is invalid as indefinite because it does not describe a structure for performing the claimed function, in a win for accused infringer Capital One Financial Corp.

  • September 4, 2015

    Bob Marley T-Shirt Seller Asks High Court To Revive TM Row

    A merchandise company accused of violating federal trademark laws by selling T-shirts featuring an image of late reggae icon Bob Marley has petitioned the U.S. Supreme Court to review a Ninth Circuit decision holding that a judgment against the retailer was supported by evidence.

  • September 4, 2015

    Fed. Circ. Says Plastic Patent Rightly Survived AIA Review

    The Federal Circuit on Friday affirmed a Patent Trial and Appeal Board decision leaving intact a National Graphics Inc. patent on making plastic items in an America Invents Act review, ruling that challenger Dynamic Drinkware LLC failed to show that the invention was anticipated by an earlier patent.

  • September 4, 2015

    Motorola Wants $10M Verdict Axed In Fujifilm Patent Suit

    Motorola Mobility LLC urged a California federal judge Thursday to undo a jury’s May decision that it owed Fujifilm Corp. more than $10 million for infringing a patent on converting digital photos to monochrome, arguing there is no evidence to support the verdict.

  • September 4, 2015

    USTR Lays Out Progress Made At Maui TPP Session

    The U.S. Trade Representative on Thursday outlined progress made at a recent session in Maui, Hawaii, to wrap up the landmark 12-nation Trans-Pacific Partnership, painting an optimistic picture of the pact’s prospects and achievements in areas such as intellectual property, labor and environmental protections. 

  • September 4, 2015

    Sprint, Others Get Media ‘Translator’ Patent Axed Under Alice

    A Delaware federal judge on Wednesday tossed a patent infringement suit against Sprint Corp., T-Mobile US Inc. and other carriers for using a method of sending communications between different types of media, ruling the technology is a “translator” and as such unpatentable under the U.S. Supreme Court’s Alice decision.

  • September 4, 2015

    Bridgestone Can Sue TRW Over Tire Patents

    A Delaware federal judge on Friday quashed TRW Automotive Holdings Corp.’s effort to escape a Bridgestone Americas Inc. unit’s patent suit, rejecting TRW’s contention that its competitor signed away its rights to sue over the at-issue tire pressure monitoring patents.

Expert Analysis

  • An Opportunity To Change TM Registration For Outdated Tech

    Dickerson Downing

    The U.S. Patent and Trademark Office's new pilot program permitting the amendment of trademark registrations, in limited circumstances, to reflect evolving technology should encourage trademark owners to dust off and review their portfolios to see if they own any floppy disk or video cassette registrations, says Dickerson Downing of Downing IP Law.

  • Adversary Has Patent For Infringing Design? There's Hope

    John Froemming

    The law regarding the effect of a later-issued patent is not as bad as it might at first appear to the holder of the earlier patent. And a later-issued patent might be no more probative of noninfringement than of infringement, as the real defendant learned the hard way in the recent design patent and trade dress infringement case of OraLabs Inc. v. The Kind Group LLC, say John Froemming and Tracy Stitt of Jones Day.

  • RESPONSE TO REJOINDER: Clearing Up The Confusion

    Michael J. Chapman

    Following our recent Law360 guest column on reasonable royalty damages and Good Technology Corporation v. MobileIron Inc., we wish to clarify our position on the meaning of “incremental benefits,” the relevance of incremental benefits for the determination of reasonable royalty damages and the wisdom of using Daubert challenges to exclude damages assessments based on an incremental benefits analysis, say Michael Chapman and John Ja... (continued)

  • 'Prior User' Defense Still Unpopular With Accused Infringers

    Coby Nixon

    Some thought that the America Invents Act would breathe life into the prior user rights defense. Four years later, research shows that the defense remains unpopular. Why? Some accused infringers may be deterred from relying on the defense, even when it is applicable, by certain practical difficulties and strategic concerns that come along with it, says Coby Nixon of Taylor English Duma LLP.

  • Patent Invalidity Rates: The Summertime Blues Continue

    Robert Sachs

    In just the first 10 days of July, there were 12 federal court decisions on patent eligibility under Section 101. By the end of July there were 21 decisions, with 17 — 81 percent — invalidating 36 patents, says Robert Sachs of Fenwick & West LLP.

  • Update On Bargaining Theory In Hypothetical Negotiations

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    Until recently, some uncertainty existed as to whether the use of bargaining theory was a permissible approach to modeling the hypothetical negotiations appearing in intellectual property litigation. A recent ruling by a Texas federal court, however, provides new insight into the standards applied by the Federal Circuit in determining whether a bargaining model is admissible, say Jeffrey Klenk and Richard Higgins of Berkeley Research Group LLC.

  • The Tension Between Corporate Opportunity And Innovation

    Michael W. Peregrine

    In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.

  • 9th Circ. Microsoft FRAND Ruling Ignores Ericsson

    J. Gregory Sidak

    Commentators have overlooked the larger implication of the recent Microsoft Corp. v. Motorola Inc. opinion — the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a reasonable and nondiscriminatory royalty articulated last year in Ericsson Inc. v. D‑Link Systems Inc., says Gregory Sidak, chairman of Criterion Economics LLC.

  • How Sequenom Lost Patent Protection For Fetal DNA Test

    David A. Gass

    In Ariosa Diagnostics Inc. v. Sequenom Inc., Federal Circuit Judge Richard Linn spoke effusively about a groundbreaking invention useful in noninvasive prenatal testing that was “deserving of patent protection.” He wrote this in an opinion concurring that the invention was ineligible for patent protection. Who is responsible for such a seemingly anomalous result? asks David Gass of Marshall Gerstein & Borun LLP.

  • When Courts Invoke Equitable Tolling In Noncompete Cases

    G. Mark Edgarton

    Two recent district court decisions in Kansas and Washington provide insight regarding the circumstances in which courts may extend the term of a restrictive covenant beyond the time period specified in an employment agreement, say Mark Edgarton and Sophie Wang of Choate Hall & Stewart LLP.