Intellectual Property

  • May 27, 2015

    Xerox, Others Slam Scanner ‘Patent Troll’ IP In PTAB Review

    Lexmark Corp., Ricoh Americas Corp. and Xerox Corp. blasted a nonpracticing entity for offering a "nonsensical" defense of two document-scanning patents during a Patent Trial and Appeals Board hearing Wednesday, maintaining the claimed inventions just combine decades-old prior art.

  • May 27, 2015

    NJ Justices Won't Hear Dispute Over Generic Drug Settlement

    The New Jersey Supreme Court has declined to review KVK-Tech Inc. and Amrutham Inc.’s bid to overturn a ruling on their settlement with rival pharmaceutical company Novel Laboratories Inc. that bars them from advancing a powder-based version of the brand-name laxative Suprep.

  • May 27, 2015

    Hogan Lovells Expands IP Practice With Ex-Bracewell Atty

    Hogan Lovells announced that it has expanded its intellectual property, media and technology practice with the addition of a former Bracewell & Giuliani LLP partner with a global IP practice focused on the energy industry as partner in its Houston office.

  • May 26, 2015

    SG Tells High Court It Backs Oracle In IP Row With Google

    The U.S. Solicitor General on Tuesday said the U.S. Supreme Court shouldn't hear Google Inc.'s appeal of a lower court ruling that held aspects of Oracle Corp.'s Java programming language can be protected by copyright, according to a filing made publicly available Tuesday.

  • May 26, 2015

    Apple Does Not Infringe 3 Of 4 Unwired Patents, Judge Rules

    A California federal judge ruled Friday that Apple Inc. does not infringe on three cellular and voice recognition patents held by a Nevada company, but allowed a case on a fourth patent to proceed.

  • May 26, 2015

    Attys React To High Court's Induced Infringement Ruling

    On Tuesday, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. Here, attorneys tell Law360 why the decision in Commil USA LLC v. Cisco Systems Inc. is significant.

  • May 26, 2015

    High Court Clears One Inducement Hurdle, But Others Remain

    The U.S. Supreme Court's ruling Tuesday that a good faith belief that a patent is invalid is not a defense to induced patent infringement benefits patent owners by clearing a hurdle to proving inducement, but the opinion still leaves accused inducers with a viable defense, attorneys say.

  • May 26, 2015

    Heinz Hits Competitor With Suit Over Frozen Dinners Mark

    H.J. Heinz Co., which makes Weight Watchers Smart Ones frozen meals, urged a Pennsylvania federal court Tuesday to undo a trademark office decision allowing the makers of Smart Balance spread to register their brand name as a trademark for frozen foods and snacks.

  • May 26, 2015

    'Nightcrawler' Copyright Suit A Publicity Ploy, NBC Says

    NBCUniversal Media LLC and other producers and distributors of the Jake Gyllenhaal film "Nightcrawler" urged a Utah federal judge Tuesday to toss an independent filmmaker's copyright infringement suit alleging the movie contained similar elements to his own film, saying the suit was only filed to drum up interest in his unsuccessful indie movie.

  • May 26, 2015

    Judge To Probe Disputed Evidence In Shakira 'Loca' Suit

    A New York federal judge set an August hearing into whether fake evidence won a copyright judgment for the Dominican songwriter who said Shakira's song “Loca” ripped him off, at a conference Tuesday where mistrust between the sides was so stark they couldn't agree on whether a copy of a witness's identification card was real.

  • May 26, 2015

    Ultramercial Asks High Court To Clarify Alice Ruling

    Ultramercial Inc. has asked the U.S. Supreme Court to review a decision that invalidated its online advertising patent as an abstract idea, saying the case represents an opportunity for the high court to bring much-needed clarity to its landmark Alice decision.

  • May 26, 2015

    Battery Charger Co. Seeks $50M Over Disney's 'Power Bars'

    Battery on the Go Inc., a maker of portable battery chargers, is seeking $50 million in damages from The Walt Disney Co. for allegedly selling a line of inferior products that infringes its PowerBar trademark, the company's attorney said Tuesday.

  • May 26, 2015

    Hard Candy Attys Call For Sanctions Over Madonna Deposition

    Lawyers representing Madonna and Hard Candy Fitness LLC in a trademark battle with cosmetics maker Hard Candy LLC called on a federal judge Friday to sanction plaintiffs counsel for “egregious” conduct during the pop star’s deposition earlier this year.

  • May 26, 2015

    Law360 Looking For IP Experts For New Series

    Law360 is looking for attorneys who have demonstrated expertise and thought leadership in the field of intellectual property law to serve as expert commentators on the hottest topics and issues of importance to IP lawyers.

  • May 26, 2015

    Uber Runs NYC Taxi Cos. Off The Road, Suit Says

    Uber Technologies LLC unfairly dominates the New York City ground transportation market by misleading consumers about its lax driver safety screenings, ignoring local regulations and operating as an unlicensed taxi service, two black car companies argued in a suit removed Friday to New York federal court.

  • May 26, 2015

    Jury Says Holland Infringed PCT's Coaxial Cable Patent

    An Arizona federal jury has ordered Holland Electronics LLC to pay more than $515,000 after finding that coaxial cable connectors sold by Holland infringed a patent held by communication networks product maker PCT International Inc.

  • May 26, 2015

    Ray-Ban Trademark Suit Is A Bully Tactic, Online Seller Says

    The operator of two online marketplaces told a California federal court Friday that a trademark suit filed against it by the maker of Ray-Ban sunglasses is nothing more than an attempt to stifle the legitimate sale of Ray-Bans by anyone aside from the brand's exclusive licensees.

  • May 26, 2015

    Signal IP Concedes To Partial Invalidity In Auto Litigation

    A California federal judge trimmed patent litigation against BMW of North America LLC and eight other automakers after patent holder Signal IP Inc. agreed to a partial judgment of invalidity after the court found a portion of the patent claims' terms to be indefinite during claim construction.

  • May 26, 2015

    Intellectual Ventures Rips Motorola's Bid For Patent Retrial

    Intellectual Ventures LLC has urged a Delaware federal judge to deny Motorola Mobility LLC’s bid for a new trial after a jury found that the smartphone company infringed an Intellectual Ventures patent, saying Motorola’s arguments are incorrect or waived.

  • May 26, 2015

    Houston's Sutton McAughan Snags Ex-USPTO Examining Atty

    Sutton McAughan Deaver PLLC has announced that it has bolstered its ranks with the addition of a nationally recognized trademark attorney who has more than two decades of experience practicing law and who formerly served as an examining attorney with the U.S. Patent and Trademark Office.

Expert Analysis

  • FDA Biosimilar Policy: More Questions, More Answers

    Jennifer M. Dienes

    The U.S. Food and Drug Administration's latest draft guidance on biosimilars, which contains new questions and answers not previously provided by the FDA, arrives on the heels of last month's release of three other biosimilar guidance documents, which also included a Q&A regarding implementation of the Biologics Price Competition and Innovation Act, say attorneys at K&L Gates LLP.

  • A Closer Look At Google's New Patent Program

    Kevin Christensen

    Google Inc.’s Patent Purchase Program provides a novel means to acquire patents and, potentially, combat litigation from nonpracticing entities. Whether it will limit NPE activity may not be known for several years, but the program will provide Google with valuable information on NPE activity that it may not otherwise possess, say Kevin Christensen and Deepa Sundararaman of Berkeley Research Group LLC.

  • USPTO Is On The Lookout For Ethical Misconduct

    Michael E. McCabe Jr.

    Almost every day, online legal publications run articles on the latest motion for, or court decision on, some form of attorney misconduct. Certain words in these decisions and news articles are known to capture the attention of the U.S. Patent and Trademark Office’s disciplinary police — including “frivolous,” “willful,” “nonsensical" and "should have known," says Michael McCabe of Funk & Bolton PA.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • Katy Perry Faces Choppy Waters: 'Left Shark' TM Refused

    Amanda Alameddine

    Katy Perry has run into trademark trouble in her attempt to register a "Left Shark" design mark. Here's what happened, and what you can do to avoid a similar fate, says Amanda Alameddine of Buchalter Nemer.

  • Fed. Circ. Guidance For Means-Plus-Function Software Claims

    Dev Batta

    The Federal Circuit's recent decision in EON Corp. IP Holdings LLC v. AT&T Mobility LLC clarifies that when claiming a software-implemented invention in means-plus-function form, an applicant should not rely on the Katz exception and should almost always disclose at least one algorithm for each means-plus-function limitation, says Dev Batta of Locke Lord LLP.

  • Tips For Protecting Intellectual Property In The Oil Patch

    Stephen Stein

    Whether oil prices are rising or falling, the vulnerability to intellectual property litigation is a critical issue for energy providers in the U.S. and across the globe. And it is important to recognize that patents are not the only IP consideration for an industry that spends billions of dollars annually on research and development needs, says Stephen Stein of Thompson & Knight LLP.

  • Emerging IP Issues In The African Marketplace

    Beau Jackson

    The dynamic economic growth occurring across Africa presents new challenges and opportunities in the intellectual property context, say Beau Jackson of Adduci Mastriani & Schaumberg LLP and Jarrad Wood, a student at American University Washington College of Law.

  • How Patent Reform Could Affect Claim Construction In IPR

    Craig Countryman

    The U.S. Patent and Trademark Office currently gives claims in unexpired patents their “broadest reasonable construction” in all post-grant proceedings, as it does during ordinary examination. The Federal Circuit recently approved this approach, but some in Congress have a different view, say Craig Countryman and Michael Rosen of Fish & Richardson PC.

  • Does The Periscope App Infringe Copyright?

    Michael Nilsson

    Suppose I go to see my beloved Washington Nationals and use the new Periscope app to record the game on my phone and send it live to some or all of my Twitter followers, or others. Have I actually violated copyright law? What about Twitter, which owns Periscope? What about my wireless carrier? The answers to these questions aren’t easy, says Michael Nilsson of Harris Wiltshire & Grannis LLP.