Intellectual Property

  • October 31, 2014

    IP Professors Q&A: Gould School Of Law's Jonathan Barnett

    There continues to be deep confusion concerning remedies, in particular the calculation of damages, in patent law. This is especially challenging in the case of patents that claim only part of a multicomponent product — a typical scenario in core innovation markets, says Jonathan Barnett of the University of Southern California's Gould School of Law.

  • October 31, 2014

    Actavis, NY AG Spar Over Antitrust Suit Injunction Bid

    The New York attorney general has urged a federal judge to block Actavis PLC from pulling its widely used dementia drug Namenda from the market until the office's antitrust suit concludes, while the drugmaker countered that the standards required for an injunction have not been met.

  • October 31, 2014

    Profs Urge Fed. Circ. To Rehear Ruling Axing $30M Verdict

    Several intellectual property academics and a medical device association urged the Federal Circuit to rethink its decision to invalidate two patents and elimiante a $30.5 million verdict against Google Inc. and others, claiming that the court should mull how much deference to give juries in such cases.

  • October 30, 2014

    Adobe Bid For Extra IP Damages Over Wowza Hack In Doubt

    A California federal judge voiced skepticism Thursday over Adobe Systems Inc.'s request for enhanced damages in a lawsuit accusing Wowza Media Systems LLC of infringing Flash encryption patents, saying Thursday that he didn't think Wowza executives' hacking of Adobe's software was enough to prove willful infringement.

  • October 30, 2014

    BMS, Sanofi Get Gene Patent Partially Invalidated In IP Suit

    A Delaware federal judge invalidated part of a DNA technology patent Genetic Technologies Ltd. accused Bristol-Myers Squibb Co. and a Sanofi-Aventis SA unit of infringing because it merely described a natural law, dooming the claim under the U.S. Supreme Court’s landmark Mayo v. Prometheus decision.

  • October 30, 2014

    Merck Unit Says Fed. Circ. Erred In AllPure Patent Ruling

    Merck KGaA unit EMD Millipore Corp. urged the Federal Circuit to reconsider its decision that rival AllPure Technologies Inc. didn't infringe a device patent for withdrawing fluid from a container, saying Wednesday that the panel’s decision was contrary to “well-settled law” on prosecution history estoppel.

  • October 30, 2014

    Fed. Circ. Combines Samsung Appeals In $930M Apple IP Row

    The Federal Circuit on Wednesday consolidated two appeals by Samsung Electronics Co. Ltd. in its $930 million patent-infringement fight with Apple Inc., one disputing a judgment for damages stemming from a jury’s infringement verdict and the other challenging $1.9 million in court costs.

  • October 30, 2014 Ducks $6.7M Suit Over Anti-Counterfeiting Tech Inc. won’t have to fork over $6.7 million in royalties to Document Security Systems Inc. now that a New York federal judge granted the company summary judgment Tuesday in a battle over the use of counterfeit coupon detection technology.

  • October 30, 2014

    Louis Vuitton Wants 9th Circ. Call On 'Always Generic' Rule

    Louis Vuitton Moet Hennessy Inc. wants the Ninth Circuit to immediately weigh in on whether a Los Angeles jeweler can claim the term “Red Gold” as a trademark, saying a district judge issued an aberrational ruling that a generic term could transform into a trademark.

  • October 30, 2014

    9th Circ. To Rehear En Banc Artists' Royalty Act Appeal

    The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.

  • October 30, 2014

    K&L Gates Settles Malpractice Suit, Pulls High Court Appeal

    K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.

  • October 30, 2014

    11th Circ. Sends Trade Secret Dispute To Arbitration

    The Eleventh Circuit on Thursday sent to arbitration a dispute brought by U.S. Nutraceuticals LLC alleging that microalgae products maker Cyanotech Corp. breached an agreement by stealing confidential information.

  • October 30, 2014

    Judge Won’t Block Oil Industry Lobbying Website In TM Row

    A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.

  • October 30, 2014

    Toyota Must Hand Over Paice Deal In Hyundai, Kia IP Fight

    A Maryland federal judge on Wednesday allowed Paice LLC to share a confidential deal licensing patents to Toyota Motor Co. with its co-plaintiff in their suit accusing Hyundai Motor Co. and Kia Motors Corp. of ripping off their hybrid vehicle technology.

  • October 30, 2014

    KC And The Sunshine Band Don't Stop Copyright Suit

    A Florida judge on Wednesday allowed copyright and breach of contract claims against KC and the Sunshine Band by the estate of a former band member to go forward, while dismissing claims the band and its publishers breached fiduciary duty and misappropriated his image.

  • October 30, 2014

    Judge Nixes Sports Photo Patents As Abstract Under Alice

    A California federal judge has invalidated three patents on computerized methods of cataloging photos of participants in marathons and other sporting events, finding that they claim nothing more than an abstract idea under the U.S. Supreme Court's Alice Corp. decision.

  • October 30, 2014

    Pharrell, Robin Thicke Can't Kill 'Blurred Lines' Suit

    A California federal judge formally denied Robin Thicke and Pharrell Williams a quick win Thursday in the lawsuit over whether they lifted aspects of “Blurred Lines” from Marvin Gaye, saying the R&B legend's heirs might have a case.

  • October 30, 2014

    Pillsbury Snags ITC Expert From Goodwin Procter

    Pillsbury Winthrop Shaw Pittman LLP has bolstered its intellectual property practice with the addition of a former U.S. International Trade Commission investigator from Goodwin Procter LLP, the firm announced Wednesday.

  • October 30, 2014

    ITC Judge Recommends Import Ban On IP-Infringing Grills

    A U.S. International Trade Commission administrative law judge on Wednesday found that grills imported from China by a number of major U.S. retailers, including Sears Roebuck & Co., infringed patents for a two-in-one grill.

  • October 30, 2014

    GTAT Judge Intends To Unseal Records On Apple Spat

    The judge presiding over GT Advanced Technologies Inc.’s secretive bankruptcy on Thursday endangered a settlement of the contract dispute with Apple Inc. that destroyed GT's business, saying that a key document both companies want sealed should be made public.

Expert Analysis

  • NFL Films Ruling Reverses Course, Blurs Right Of Publicity

    Ronald Katz

    There is confusion regarding the right of publicity because so many courts disagree with one another. That lack of consensus has deepened with a recent Minnesota federal court's decision in Dryer v. National Football League, which differs in important respects from a 2010 opinion from that same court, says Ronald Katz of Manatt Phelps & Phillips LLP.

  • Lessons From 4 Months Of Post-Alice Decisions

    Brian McCall

    Four months ago, the U.S. Supreme Court decided Alice Corp. v. CLS Bank. Since then, patent challengers have routinely and successfully invalidated claims under Section 101 by applying Alice. The decision could prove to be a significant weapon against software and business method patents, says Brian McCall of Merchant & Gould PC.

  • 7 Things To Know About 3rd-Party Submissions Of Art

    Shawna Lemon

    Large companies may tend to gravitate toward post-grant review, inter partes review or litigation for challenges to competitor's patents, but the relative cost of third-party submissions of art should be appealing to all potential challengers, say Sherry Murphy and Shawna Lemon of Myers Bigel Sibley & Sajovec PA.

  • New Guidelines Suggest A Friendlier European Patent Office

    Philip Cupitt

    While many of the changes in the latest European Patent Office guidelines reflect the current practice of the EPO’s boards of appeal, they also suggest that the first-instance departments of the EPO may be moving toward a less rigid and formalistic approach to some issues, say Philip Cupitt and Hazel Ford of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • An Alternative Attack In Inter Partes Review

    Gaby Longsworth

    Limiting validity challenges to novelty or obviousness in inter partes reviews is a significant drawback to petitioners. One possible way of skirting this restriction, in certain circumstances, may be to challenge the priority claim of a patent, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • 4 Paths To Faster Patent Prosecution At The USPTO

    Rory Pheiffer

    The delay at the U.S. Patent and Trademark Office continues to be quite long, but fortunately the USPTO offers four options that allow most every patent applicant to significantly advance the pace of patent prosecution. While each of these programs has specific requirements for entry, those requirements are within the control of the applicant, say Rory Pheiffer and Lauren Ingegneri of Nutter McClennen & Fish LLP.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • A Close Look At The First 2 Post-Grant Review Petitions

    Lisa Mueller

    Not surprisingly, it took a while before the first petitions for post-grant review were filed, but LaRose Industries LLC and Toys “R” Us-Delaware Inc. filed in August, and Accord Healthcare Inc. filed in September. If one or both petitions are granted, one question will be whether the Patent Trial and Appeal Board will be able to issue a decision within the mandatory 12-18 months, says Lisa Mueller of Michael Best & Friedrich LLP.