Intellectual Property

  • October 6, 2015

    Juice-Barrel Maker Says Rival’s IP Suit Doesn't Hold Water

    A Chicago-based beverage maker urged a Pennsylvania federal court Monday to dismiss a rival’s trademark infringement suit over barrel-shaped juice drinks, arguing that the suit lacks specificity and is merely a move by the larger company to harass its smaller rival.

  • October 5, 2015

    High Court Lets Stand Apple Smartphone IP Win

    The U.S. Supreme Court declined on Monday to hear a challenge by a company formed by Sony and Nokia to a Federal Circuit decision overturning jury verdicts against Apple in a smartphone patent infringement case.

  • October 5, 2015

    Allergan Beats Miotox’s $600M Botox Royalty Claims

    A California federal judge on Monday granted Allergan Inc.’s motion for summary judgment in a $600 million breach-of-contract lawsuit over Botox, holding that the pharmaceutical giant does not have to pay Miotox certain royalties under the terms of a license agreement.

  • October 5, 2015

    Justices Won't Review Halo Patents In Willfulness Fight

    The U.S. Supreme Court refused Monday to consider Pulse Electronics' cross-petition asking the justices to review the validity of three Halo Electronics patents in the event they grant a certiorari petition from Halo, which is challenging a ruling in the underlying suit that cleared Pulse of willful infringement.

  • October 5, 2015

    Google, Amazon Lose Bid To Invalidate ContentGuard patents

    U.S. District Judge Rodney Gilstrap on Monday rejected Google and's motion to invalidate several ContentGuard Holdings Inc. digital rights management patents they were accused of infringing, affirming an earlier order in the feud where Samsung and Google scored a trial victory last month.

  • October 5, 2015

    Prograf Class Cert. Makes Case Unworkable, 1st Circ. Hears

    Astellas Pharma US LLC pressed the First Circuit Monday to nix a ruling certifying a class of indirect purchasers who claim the drugmaker improperly delayed generic competition for the immunosuppressant drug Prograf, arguing it would be an impossible task to weed out the class members who can’t actually prove they were injured.

  • October 5, 2015

    No New Trial In Toshiba Patent Dispute, Judge Rules

    A federal judge in Delaware on Friday refused to award St. Clair Intellectual Property Consultants Inc. a new trial after a jury recently held that Toshiba Corp.’s laptops don’t infringe its computer processing patent, saying St. Clair's new trial bid consisted of arguments and misleading statements that lacked any legal basis.

  • October 5, 2015

    EBay Textbook Reseller Presses High Court For Atty Fees

    A Thai college student, accused of importing and illegally selling foreign edition textbooks online via the auction site eBay, has filed a petition for writ of certiorari with the U.S. Supreme Court, arguing the courts are in “utter disarray” about fee requests under the Copyright Act.

  • October 5, 2015

    Antonelli Terry Ordered To Pay $224K In Contempt Sanctions

    A New York federal judge has ordered Antonelli Terry Stout & Kraus LLP and a former managing partner to pay nearly $225,000 in sanctions for violating a December court order meant to limit how the firm allocates its funds as it appeals a nearly $8 million judgment in a malpractice case brought by Protostorm LLC.

  • October 5, 2015

    Black & Decker Wins $54M In DeWalt Trade Dress Battle

    An Illinois federal jury handed down a $54 million verdict Monday that said toolmaker Positec USA Inc. infringed the yellow and black trade dress of Black & Decker’s DeWalt brand of power tools.

  • October 5, 2015

    Paice Wins $29M In Hybrid Tech Spat With Hyundai, Kia

    A Maryland federal jury has decided that Hyundai Motor Co. and Kia Motors Corp. owe approximately $29 million to hybrid technology company Paice LLC for ripping off its hybrid vehicle technology, Paice announced Friday.

  • October 5, 2015

    Justices Pass On Patent Validity Role For Juries In Apple Case

    The U.S. Supreme Court on Monday rejected an inventor's bid to revive his wireless communications patent suit against Apple by arguing that the longstanding rule that juries can decide whether a patent is valid must be abolished and the task should be assigned only to judges.

  • October 5, 2015

    Texas Court Won't Revisit $2M Drug License Arbitral Award

    A Texas appellate court on Friday stood by its reinstatement of a $1.875 million arbitration award in a dispute over patent licensing for technology used to treat excessive human growth hormone, despite a biotech firm's argument that the arbitrators exceeded a contractual limit on damages.

  • October 5, 2015

    High Court Won't Review Wells Fargo ATM Patent Row

    The U.S. Supreme Court on Monday declined to review a patent infringement case against Wells Fargo Bank NA and other companies after the Federal Circuit last year, following the high court’s Alice decision, invalidated the four ATM technology patents at issue.

  • October 5, 2015

    TPP Compromises Set Stage For Political Standoff

    The completion of the Trans-Pacific Partnership talks on Monday stands as a landmark achievement for the 12 nations party to the accord, but various concessions on issues like agriculture and intellectual property that made the TPP possible may also be the biggest obstacle to its final passage by lawmakers.

  • October 5, 2015

    Nexium Buyers Get $8M Fees In Pay-For-Delay Settlement

    A Massachusetts federal judge on Monday divvied out more than $8 million in expenses for a settlement reached between Nexium buyers and Teva Pharmaceutical Industries Ltd., but agreed to hold off on approving fees for AstraZeneca PLC and Ranbaxy Inc. following their win in a multidistrict litigation pay-for-delay trial brought by the same buyers. 

  • October 5, 2015

    Schumer Urges FCC To Keep TV Exclusivity Rules

    A Democratic senator urged the Federal Communications Commission to hold off on a controversial proposal that would eliminate broadcast TV exclusivity rules in a letter sent last week.

  • October 5, 2015

    Fox Rothschild Picks Up IP Pro For LA Office

    Fox Rothschild LLP said Monday it has hired a trademark examinations pro with nearly two decades of experience advising clients on strategic intellectual property management from Blakely Sokoloff Taylor & Zafman LLP to join the firm as a partner in its Los Angeles office.

  • October 5, 2015

    Justices Reject Microsoft Founder's Apple, Google IP Appeal

    The U.S. Supreme Court refused on Monday to hear an appeal by a patent licensing company run by Microsoft's co-founder arguing that the Federal Circuit wrongly treats the high court's Nautilus indefiniteness decision as a major change in the law, leading to a patent ruling favoring Apple and Google.

  • October 5, 2015

    Contractor Can’t Duck Insurer’s Suit In Navy Software Row

    A Florida federal judge on Friday refused a consulting company’s attempt to throw out its insurer’s suit seeking to deny coverage for a suit accusing the company of ripping off proprietary software and selling its version to the Navy, ruling the insurer can file in Florida because the underlying suit is in the state.

Expert Analysis

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 3

    Brian J. Emfinger

    Brian Emfinger of Banner & Witcoff Ltd. reviews the decisions in which courts have found various concepts to be abstract ideas, specifically concepts that fall into the category of “an idea of itself.”

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 2

    Brian J. Emfinger

    A response strategy in view of a new guideline suggesting that examiners should not identify a claimed concept as an abstract idea “unless it is similar to at least one concept that the courts have identified as an abstract idea" involves distinguishing pending claims from those in the cases discussing the asserted abstract concepts, and explaining why the reasoning employed by the courts in those cases does not apply, says Brian E... (continued)

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 1

    Brian J. Emfinger

    Courts have recognized four categories of abstract ideas that include "an idea 'of itself.'" Some of the concepts previously held to be patent-ineligible abstract ideas are more specific while others are much broader, and one can easily envision an examiner citing to one of these broad concepts to support a rejection under Section 101, particularly with respect to computer- and software-implemented innovations, says Brian Emfinger ... (continued)

  • Batmobile Copyright: When Functional Element Is A 'Character'

    Karen A. Henry

    The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.

  • How Fed. Circ. Views Obviousness-Type Double-Patenting

    Jeremy Lowe

    The Federal Circuit’s decisions this year in Gilead v. Natco Pharma and G.D. Searle v. Lupin Pharmaceuticals show that obviousness-type double-patenting remains an effective mechanism to protect the public from patentees gaining unjustified patent term extensions by filing duplicative patents having different expiration dates, say attorneys with Axinn Veltrop & Harkrider LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Approach To '2nd Medical Use' Claims Varies Across EU

    Alastair McCulloch

    A number of recent court decisions have highlighted important gaps and a lack of consensus between key EU member states on the law regarding infringement of second medical use patents. The rulings also demonstrate how differences in the drug dispensing and reimbursement systems between different EU countries can influence the nature of the relief available, say attorneys with Jones Day.

  • LifeScan May Be Why Patent Exhaustion Had No Pulse In Nero

    Gino Cheng

    What aspects of the patent exhaustion doctrine does the Federal Circuit’s recent holding in JVC Kenwood Corp. v. Nero Inc. develop, and how far does it move the mile marker? Far from a drive, Judge Pauline Newman’s opinion represents a carefully coordinated pick-and-roll, says Gino Cheng of Winston & Strawn LLP.