Intellectual Property

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Wu-Tang Clan Hit With $2.5M Royalty Suit By Member U-God

    A founding member of the Wu-Tang Clan is suing the rap group in New York court for not paying him his fair share of royalties, including from a rare one-off album infamously auctioned to pharmaceutical executive Martin Shkreli.

  • December 1, 2016

    Polaris Urges Fed. Circ. To Revive ATV Patent

    The Patent Trial and Appeal Board improperly relied on hindsight to invalidate the asserted claims of a Polaris patent covering a design for an all-terrain vehicle, as the design was inventive because it packaged known components in an entirely new way, the company told the Federal Circuit on Wednesday.

  • December 1, 2016

    Allergan Sues Drugmakers Over Linzess Generics

    Allergan USA Inc. hit four generic-drug makers with a suit Wednesday in Delaware federal court accusing them of jumping the gun on producing a generic version of its irritable bowel syndrome treatment Linzess.

  • December 1, 2016

    FDA Smacks Down Vanda's Bid To Block Fanapt Generics

    Vanda Pharmaceuticals Inc. cannot use new exclusivity for its schizophrenia medication Fanapt to block generic versions of the product, the U.S. Food and Drug Administration said in a decision released Wednesday.

  • December 1, 2016

    Facebook's Patent Indefiniteness Win Stays Put

    A Massachusetts federal judge refused Thursday to reconsider his finding that two claims in a patent asserted against Facebook Inc. were invalid as indefinite, saying the claims were not tied to a specific algorithm that gives instructions for how to perform their software functions.

  • December 1, 2016

    Novartis Knocks Colombia Over Leukemia Drug Price Control

    Swiss pharmaceutical giant Novartis has filed an investor-state claim against Colombia over the country's decision to require a price control on Novartis' leukemia drug Glivec, a spokesman for the company confirmed on Thursday.

  • December 1, 2016

    Bosch Saws At Center Of Patent Case Could Face Import Ban

    The U.S. International Trade Commission has affirmed a judge’s finding that Robert Bosch GmbH infringed patents for table saw safety technology and is set to consider whether an import ban is in order.

  • December 1, 2016

    Mr. Brainwash Loses IP Claims Against Las Vegas Festival

    A Las Vegas music festival called “Life is Beautiful” can escape claims by artist Mr. Brainwash that it infringed on his heart designs and “Life is Beautiful” trademark, as a California federal judge ruled Wednesday the artist engaged in inequitable conduct by registering trademarks that cited items he never sold.

  • December 1, 2016

    PTAB Finds Covidien Surgical Instrument Patent Invalid

    The Patent Trial and Appeal Board on Wednesday decided a Covidien AG patent covering an electrosurgical instrument was invalid, finding that a unit of Johnson & Johnson had shown the claimed invention would have been obvious.

  • December 1, 2016

    Fat-Freezing Licensee Says Spa Is Infringing

    Fat-freezing technology company Zeltiq Aesthetics Inc. filed suit on Thursday against Total Body Laser Skin Care LLC in Wisconsin federal court, saying the rival infringes its intellectual property.

  • December 1, 2016

    Lego Developer Accuses Ex-Partner Of Toppling Joint Project

    The co-developer of the architecture line of Lego products alleged on Wednesday in Illinois federal court that its supposed partner in a separate effort to develop a Lego roller coaster set breached their agreement to work on the idea together when it pursued the concept on its own.

  • December 1, 2016

    Verizon Hit With IP Suit Over 4G LTE Network Tech

    The owner of a portfolio of former SkyTel intellectual property Wednesday accused Verizon Wireless of unlawfully using its patented technology to support the mobile company’s 4G LTE networks in Texas federal court.

  • December 1, 2016

    Quantlab Must Name $12.2M Trade Secret, 5th Circ. Told

    A founder of a stock trading firm that was ordered to pay $12.2 million for taking source code from rival Quantlab Technologies Ltd. has told the Fifth Circuit that his defense was disadvantaged because he didn’t know what trade secrets he was accused of stealing.

  • December 1, 2016

    Retailers Face Patent Suits Over Mobile Web GPS Feature

    A patent holder launched a number of lawsuits in Texas federal court on Wednesday against retailers including Bridgestone Americas Tire Operations LLC., Home Depot Inc. and Nordstrom Inc., accusing the companies of infringing its technology for accessing pinpointed store locations using smartphone or tablet GPS features.

  • November 30, 2016

    Zynga Accuses Former Employees Of Trade Secret Theft

    Zynga Inc. accused two former high-level workers and their new employer of stealing confidential data from the online social game maker in a lawsuit filed in California federal court Tuesday.

  • November 30, 2016

    Cisco Presses Arista Execs On Interface Choice At IP Trial

    Cisco Systems Inc. grilled Arista Networks Inc. executives Wednesday during the third day of their intellectual property trial on why Arista chose to use Cisco's command-line interface to create its popular computer networking switch products, raising questions about a practice Cisco says infringed its copyrights and a patent.

  • November 30, 2016

    Microsoft, Enfish Can't Shake PTAB Rulings At Fed. Circ.

    A Federal Circuit panel on Wednesday affirmed a series of Patent Trial and Appeal Board decisions stemming from Microsoft Corp.’s push to invalidate Enfish LLC’s database technology patents, finding that the board correctly rejected some challenges while granting others.

  • November 30, 2016

    Game Over For Rapper In YouTube Assault Case

    A California judge on Tuesday granted terminating sanctions against a rapper known as The Game for disobeying a discovery order in a suit alleging he beat up a rival hip-hop artist and uploaded video of the attack to YouTube.

  • November 30, 2016

    'Walking Dead' Creator Loses Trademark Liability Ruling

    A New Jersey federal judge on Wednesday rejected a bid by the creator of “The Walking Dead” comic book series and hit TV show to hold four entrepreneurs liable for trademark infringement over their plans to open a restaurant and sell merchandise, leaving it up to a jury to resolve the dispute.

Expert Analysis

  • Innovate Bigly? — Patent Reform Under @realDonaldTrump

    Lionel M. Lavenue

    Many commentators have stated that President-elect Donald Trump has yet to take a clear stance regarding patents and intellectual property. However, his Twitter account holds many hints as to his possible intellectual property priorities, say attorneys from Finnegan Henderson Farabow Garrett & Dunner LLP.

  • REBUTTAL: Busting The Myth Of Unlimited RCEs

    Robert R. Sachs

    The problem of “unlimited” requests for continued examination is a myth. While it is true that the patent statute does not limit the number of RCEs, the reality of patent examination and prosecution results in a negligible number of high count RCE patents, and they have no impact on the patent litigation landscape, says Robert Sachs of Fenwick & West LLP.

  • What's At Stake In High Court's Life Tech Patent Case

    Wayne Stacy

    The U.S. Supreme Court could soon put its stamp of approval on a Federal Circuit decision that significantly expanded the extraterritorial reach of U.S. patent law. Life Technologies v. Promega — set for oral argument next week — may become a direct threat to U.S. manufacturers and exporters, say Wayne Stacy and Jay Schiller of Baker Botts LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • 8 Important Upcoming TTAB Rule Changes

    Josh Dalton

    The Trademark Trial and Appeal Board will implement several rule changes in January. The amendments are a welcome attempt at taking practical steps to improve the overall quality and efficiency of TTAB proceedings, say Josh Dalton and Peter Byrne of Morgan Lewis & Bockius LLP.

  • Emerging Sports — A Decathlon Of Legal, Business Issues

    Brian R. Socolow

    While you may never have heard of rugby sevens or drone racing, these and many other emerging sports generate tens of billions of dollars annually. These new games regularly face challenges around leadership and organizational structures, intellectual property protection, and television and broadcast rights, among others, says Brian Socolow of Loeb & Loeb LLP.

  • Comparing Patent Quality At The USPTO And EPO

    Colleen Chien

    In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • A Look At The On-Sale Bar: Part 2 — Best Business Practices

    Alex Chan

    After discussing the heated debate in Helsinn surrounding the applicability of the post-America Invents Act on-sale bar to private and secret sales, Alex Chan of Tensegrity Law Group LLP offers several ways to minimize companies’ and inventors’ legal exposure to the on-sale bar for their inventions.

  • A Look At The On-Sale Bar: Part 1 — The Helsinn Debate

    Alex Chan

    A case pending before the Federal Circuit — Helsinn v. Teva — could provide much-needed clarity on the on-sale bar’s applicability to secret sales in the post-America Invents Act era, says Alex Chan of Tensegrity Law Group LLP.