Intellectual Property

  • March 4, 2015

    Pharrell Denies Cribbing Gaye For ‘Blurred Lines’ At Trial

    Pop star Pharrell Williams told a California federal jury Wednesday that his hit “Blurred Lines” doesn’t infringe Marvin Gaye’s “Got to Give It Up,” telling an attorney for Gaye’s family during a contentious cross-examination that any connections between the songs were made after the fact.

  • March 4, 2015

    Intel Can Proceed With TM Suit Over Flick Intel's Name

    A New Mexico federal judge on Wednesday kept alive computer giant Intel Corp.'s trademark suit alleging video data technology company Flick Intel LLC's name is likely to create confusion and dilute Intel's mark, saying the two marks are similar and Intel's mark is "distinctive and very strong."

  • March 4, 2015

    Teva Gets Warner Chilcott's Atelvia Patents Invalidated

    A New Jersey federal judge on Wednesday ruled invalid as obvious two patent claims covering Warner Chilcott Co. LLC's osteoporosis drug Atelvia, handing a win to Teva Pharmaceuticals USA Inc. after Teva agreed it had infringed the claims with its generic version of the drug.

  • March 4, 2015

    PTAB Nixes 8 Patents At Issue In $44M Captioned Phone Case

    The Patent Trial and Appeal Board on Tuesday invalidated eight Ultratec Inc. patents on closed-captioning technology for telephones used by people with hearing disabilities, four months after a jury found that rival CaptionCall LLC infringed the patents and awarded Ultratec $44 million.

  • March 4, 2015

    Senate Bill To Curb AIA Reviews Sets Up Patent Showdown

    A Senate bill introduced Tuesday to make America Invents Act challenges much more difficult goes so far in strengthening patents that it has little chance of being enacted, attorneys say, but it provides a counterweight to competing legislation criticized for weakening patents and should spur heated debate in Congress.

  • March 4, 2015

    Provigil Buyers Say Teva Coercing Distributors To Pare Suit

    Direct buyers of narcolepsy drug Provigil on Tuesday urged a Pennsylvania federal judge to block Teva Pharmaceutical Industries Ltd. from communicating with potential class members in the antitrust case, saying the drugmaker is trying to coerce distributors into accepting cheap settlements of their pay-for-delay claims.

  • March 4, 2015

    NJ Patent Suits Jump As Pharma Cos. Battle Closer To Home

    Patent complaints in New Jersey involving life sciences companies more than doubled in 2014, amid aggressive turf battles between brand-name drug makers and their generic competitors and recent U.S. Supreme Court decisions that imposed tighter jurisdiction requirements.

  • March 4, 2015

    PTAB Says Alice Sinks 3 CBOE Options-Trading Patents

    The Patent Trial and Appeal Board on Monday invalidated three Chicago Board Options Exchange Inc. patents at the center of a $525 million suit the CBOE filed against the International Securities Exchange LLC, saying they are invalid under the U.S. Supreme Court’s Alice ruling.

  • March 4, 2015

    Jury Smacks Wu-Tang Label With $200K Copyright Verdict

    A Manhattan jury on Wednesday hit Soul Temple, a record label with ties to the Wu-Tang Clan, with a $200,000 copyright infringement verdict for willfully grabbing two images of boomboxes produced by Lyle Owerko from the Internet for use on Wu-Tang rapper U-God's 2013 solo album “The Keynote Speaker” and related merchandise.

  • March 4, 2015

    Jury Grants Samsung Win In LCD Circuit Technology Row

    A Texas federal jury on Tuesday found that Samsung Electronics Co. Ltd. did not infringe a patent held by a Japanese inventor covering liquid crystal display backlight inverter circuit technology.

  • March 4, 2015

    ITC Ends Software Patent Probe For Apple Products

    The International Trade Commission has called off an investigation into Apple Inc.’s consumer hardware devices after non-practicing patent entity Enterprise Systems Technologies S.a.r.l withdrew claims that the devices infringed its software patents, according to a Tuesday order.

  • March 4, 2015

    Apple Pushes Fed. Circ. To Ban Samsung Phone Features

    Apple Inc. pushed a Federal Circuit panel on Wednesday to grant an injunction against allegedly patent-infringing features of Samsung Electronics Co. Ltd. phones, saying Apple should have a lower bar for an order against specific features than for one against the phones as a whole.

  • March 4, 2015

    Distillery Finds Bar's Similar Name Hard To Swallow

    Black Dirt Distilling LLC has socked Netsirk LLC with a complaint in New York federal court claiming Netsirk infringed the distillery's trademark by expropriating the Black Dirt moniker, using it for publicity and to further a restaurant's profits.

  • March 4, 2015

    Rival Of Facebook's Oculus Sanctioned in Trademark Row

    Online video hosting company Oculu LLC and its counsel, The Taillieu Law Firm LLP, were hit Tuesday with “modest sanctions” in California federal court for not timely producing financial records in its trademark suit against Facebook Inc. unit Oculus VR Inc., shortly after the company said Oculu should be held in contempt.

  • March 4, 2015

    Fed. Circ. Urged To Revive Wal-Mart Slipper IP Fight

    An apparel manufacturer urged a Federal Circuit panel on Wednesday to revive its patent infringement suit against Wal-Mart Stores Inc. and other major retailers, saying its Snoozies slipper design was novel and not obvious based on prior art.

  • March 4, 2015

    'Daydream Believer' Widow's Royalties Row Plays On

    A California federal judge Monday allowed the widow of the songwriter behind The Monkee's 1967 chart-topper "Daydream Believer" to pursue claims that Screen Gems-EMI Music Inc. wrongfully withheld royalties, saying the plaintiffs adequately alleged the music publisher paid itself half of foreign royalties before giving composers their cut.

  • March 4, 2015

    Sedgwick Adds Ex-Cypress IP Pro In LA Office

    Sedgwick LLP said Wednesday it has tapped a former partner at Cypress LLP specializing in intellectual property litigation and entertainment and technology transactions, with experience in licensing and contract issues, unfair competition and trade secrets, for its Los Angeles office.

  • March 4, 2015

    Hiscock & Barclay Can't Escape IP Malpractice Row

    A New York federal judge on Wednesday refused to let Hiscock & Barclay LLP dodge a malpractice suit filed by a fan maker that accuses the firm of botching a patent infringement case against The Home Depot USA Inc., saying the firm can’t evade the claims just because the company settled the suit.

  • March 4, 2015

    Fox, 'New Girl' Creator Can't Toss Copyright Accusations

    Fox Broadcasting Co. Inc. lost a bid on Wednesday for early dismissal of a copyright lawsuit in California federal court that claims it stole the hit sitcom "New Girl" from an unproduced television pilot.

  • March 4, 2015

    Amid Sirius Fight, Hawaii Mulling Pre-1972 Records Law

    With courts in states across the country considering the tricky question of whether Sirius and Pandora need to pay to perform pre-1972 recordings, Hawaii is now considering a law that would specifically require it.

Expert Analysis

  • State Laws Can Help Defendants In Patent Troll Cases

    John Goetz

    As Congress slowly makes its way through H.R. 9, which is the same as a bill that was approved by the House last year, there appears to be room for states to enact legislation to protect their citizens and persons doing business within their borders from abusive patent litigation, say John Goetz and John Pegram of Fish & Richardson PC.

  • How Mayo, Myriad And Alice May Impact Patent Valuations

    Sean Sheridan

    Some patents may clearly be identified by a patent holder’s intellectual property counsel as being invalid in light of the U.S. Supreme Court decisions in Mayo, Myriad or Alice, but many of these patents are likely to fall in a gray area, says Sean Sheridan of Charles River Associates.

  • Change In Marking Statute Would Curtail Troll Litigation

    Vera Elson

    A relatively minor revision to the marking statute would reduce the “pot of gold” a patent assertion entity can demand at the outset of a patent case as compensation for past damages, says Vera Elson of Wilson Sonsini Goodrich & Rosati PC.

  • Tips For Dealing With Open Source Issues In M&A

    Jeffrey Johnson

    For both the buyer and seller, understanding the implications of the target’s use of open source software should play a significant role in preparing for, and evaluating, a contemplated merger or acquisition, say Jeffrey Johnson and Michelle Pham of Pryor Cashman LLP.

  • Strategies For Prosecutors Post-Alice — Focus On The Facts

    Keith George

    On any given day in patent prosecution, it is difficult to know what will be most effective in advancing the client’s application in the face of a difficult Alice conundrum. It may help, though, to keep in mind that the burden rests with the examiner whenever making any rejection, says Keith George, a shareholder at RatnerPrestia PC and former patent examiner.

  • Spotlight On Public Availability In Inter Partes Review

    Michael O’Neill

    Two back-to-back decisions by the Patent Trial and Appeal Board — Sipnet EU S.R.O. v. Straight Path IP Group Inc. and Toyota Motor Corporation v. American Vehicular Sciences LLC — help to bookend its views on when information in an inter partes review proceeding is or is not a printed publication, says Michael O’Neill of Fitzpatrick Cella Harper & Scinto LLP.

  • Tips For Developing Effective Licensee Monitoring

    Sidney Blum

    Both novice and seasoned licensors make the same critical mistake — not adequately instructing the licensee on how to calculate the royalty and preserve supporting records, says Sidney Blum of Stout Risius Ross Inc.

  • From .Com To .Bank: What Financial Institutions Need To Know

    Eleanor Yost

    Trademark and brand owners can leverage the new .bank Internet domain as yet another way to build a company’s brand online. Importantly, however, the anticipated flood of new “real estate” that will become available as part of the .bank release will be tempered by mandated security measures, say attorneys with Goodwin Procter LLP.

  • Jury Bias And Big Numbers In Patent Litigation

    Andrew Clarke

    Given the lack of research into the existence of jury biases in patent damage awards to date, other factors — such as the higher costs of more granular apportionment — should be accorded greater weight by the Federal Circuit in determining whether to allow use of a larger royalty base, says Andrew Clarke of ARPC.

  • Gray Areas Of The 1-Year Inter Partes Review Bar

    Ross Culpepper

    Failing to comply with the inter partes review one-year bar may preclude a party from having the validity of a patent adjudicated by the Patent Trial and Appeal Board. This seemingly straightforward provision, however, does not always have a straightforward application, says Ross Culpepper of Baker Botts LLP.