Intellectual Property

  • October 29, 2014

    Apple, Samsung Team Up For AIA Review Of Memory Patent

    Apple Inc., Samsung Electronics Co. Ltd., HTC Corp. and Amazon.com Inc. joined forces Tuesday to seek an America Invents Act review of a computer memory patent that Memory Integrity LLC has accused all of them, and scores of other tech companies, of infringing.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Reval.com Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

  • October 29, 2014

    The Donald Says Trump Resorts Ch. 11 Plan Lacks Key Info

    Real estate mogul Donald Trump took aim Wednesday at the Chapter 11 plan disclosure statement for the casino operator that bears his name, arguing that Trump Entertainment Resorts Inc. doesn't reveal what it plans to do if it loses a court battle over use of the moniker.

  • October 29, 2014

    9th Circ. Shreds Stan Lee Media's Iron Man Lawsuit

    The Ninth Circuit on Wednesday tossed Stan Lee Media Inc.'s lawsuit against its former president, comic book legend Stan Lee, alleging it owns characters he created or co-created, including Spider-Man, Iron Man and the X-Men, calling the company's claim "simply implausible."

  • October 29, 2014

    Adaptix Can Save Apple, AT&T IP Suit By Fixing Patent

    A California federal judge has ruled technology licensing company Adaptix Inc. can save infringement suits against Apple Inc., AT&T Inc. and others alleging the iPhone and iPad infringe its data encoding patent, ruling Adaptix can amend an “obvious” error contained in the patent-in-suit.

  • October 29, 2014

    Teva Tells 3rd Circ. Other Rulings Back Lamictal Dismissal

    Teva Pharmaceutical Industries Ltd. urged the Third Circuit on Tuesday not to revive a suit over a no-authorized-generic deal between the company and GlaxoSmithKline PLC regarding Lamictal, claiming that dismissals in other antitrust cases support the notion that the U.S. Supreme Court’s Actavis ruling has limited reach.

  • October 29, 2014

    Fed. Circ. Won't Revive Expired Harvard Mice-Testing Patent

    The Federal Circuit on Wednesday upheld a Virginia federal judge's determination that a Harvard University and E.I. DuPont de Nemours and Co. patent for a clinical testing method that uses transgenic mice had expired.

  • October 29, 2014

    Orbital Seeks ISS Launch Equipment In Injunction

    Hours before its shuttle launch failure on Tuesday, Orbital Sciences Corp. asked a Virginia federal court to make its subcontractor deliver key equipment that Orbital believed was being held “hostage” to prevent Orbital from cutting off the subcontractor from future work.

  • October 29, 2014

    Ex-Patent Rights Holders Want $20M Skin Drug Suit Revived

    Former shareholders of a pharmaceutical company that held patent rights for skin medication Brimonidine have asked a Pennsylvania state judge to reconsider a decision ending a $20 million suit against current rights holder Galderma Laboratories LP.

  • October 29, 2014

    Experienced Litigator Joining Berger Singerman In Miami

    Michael J. Higer will join Berger Singerman LLP in 2015 as a partner and member of its dispute resolution team, bringing nearly 30 years of experience in business and insurance litigation as well as real estate, banking and intellectual property work, the Florida law firm announced on Wednesday.

  • October 29, 2014

    Vinson & Elkins Nabs Litigators From Fenwick, Morgan Lewis

    Vinson & Elkins LLP brought in a former Fenwick & West LLP patent and technology litigator and a former Morgan Lewis & Bockius LLP attorney with experience litigating products liability, environmental and class action cases, the firm said Tuesday.

  • October 29, 2014

    Tessera Tech Patent Feud Ends After Judge Nixes Trial Delay

    A California federal judge on Tuesday dismissed Tessera Inc.’s suit accusing Advanced Semiconductor Engineering Inc. of infringing its semiconductor chip technology patents, a week after the plaintiff pushed the judge to enforce a $30 million settlement that the parties reached in February.

  • October 29, 2014

    Fox, Paramount Trim 'Titanic' Actor's Publicity Suit

    A California federal judge on Monday cut down a “Titanic” extra’s suit alleging Twentieth Century Fox Film Corp., Paramount Pictures Corp. and others owed him residuals after director James Cameron cast him in a minor role, ruling the actor barely appeared in the movie.

  • October 29, 2014

    Michael Best Adds 2 Ex-Roylance Attys To DC IP Practice

    Michael Best & Friedrich LLP has announced that it has added two former Roylance Abrams Berdo & Goodman LLP attorneys as partners in its intellectual property practice area in Washington, D.C.

  • October 29, 2014

    Universities Back Carnegie Mellon In $1.5B Patent Case

    Texas A&M University, Boston University and others have urged the Federal Circuit to affirm a record $1.5 billion judgment against Marvell Technology Group Ltd. for infringing Carnegie Mellon University’s disk-drive patents, rejecting Marvell’s assertion that it isn’t liable for chips made and sold outside the U.S.

  • October 29, 2014

    Biosig Says Patent Is Valid Under New High Court Standard

    Biosig Instruments Inc. told the Federal Circuit on Wednesday that a recent U.S. Supreme Court decision widening the scope of patent indefiniteness should not affect the validity of its heart rate monitor patent, the focus of a dispute with Nautilus Inc., arguing the patent is still valid under the new standard.

  • October 29, 2014

    ITC Accepts Bose, Monster Earbud IP Settlement

    A U.S. International Trade Commission judge on Tuesday ended the investigation into whether Monster Inc. was importing earbud headphones that infringed Bose Corp.’s patents for a device that keeps earpieces inside a user’s ear, after determining their settlement was in the public interest.

  • October 29, 2014

    'Three's Company' Says Play Version Is Rip-Off, Not Parody

    The playwright behind an off-Broadway production that riffs on "Three's Company" has been arguing for months that the play is a protected parody of the iconic 70s sitcom, but the owners of the TV show said Tuesday in New York federal court that it is nothing more than an "inferior and unauthorized derivative work."

  • October 28, 2014

    Motorola Trims Intellectual Ventures IP Suit After Mistrial

    A Delaware federal judge on Tuesday trimmed a suit accusing Motorola Mobility LLC of infringing three patents held by Intellectual Ventures Management LLC with its discontinued “Lapdock” and smartphones but preserved most of the allegations, after a jury's indecision resulted in a mistrial in February.

  • October 28, 2014

    Illumina DNA Sequencing Patent Nixed In AIA Review

    The Patent Trial and Appeal Board on Tuesday invalidated an Illumina Cambridge Ltd. patent on DNA sequencing that the company alleged is infringed by Intelligent Bio-Systems Inc., the latest decision in a dispute between the companies.

Expert Analysis

  • 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.

  • New Patent Metrics For Management And Investors

    Stephen Glazier

    No consensus has formed regarding which metrics are best to compare, manage and communicate about mission-critical patent programs. We tested a variety of metrics and selected a new system derived entirely from publicly available raw data for all publicly traded companies, even though the raw IP data may be esoteric, awkward and unappreciated generally by management and investors, says Stephen Glazier of Akerman LLP.

  • Why Canada's Patent Prosecution Highway Is A Huge Success

    Elliott Simcoe

    Canada's Patent Prosecution Highway program has positioned the country as a highly cost-effective jurisdiction in which to procure patent protection with exceptional speed and efficacy, says Elliott Simcoe of Smart & Biggar.

  • Death Of The 'Double Irish Dutch Sandwich'? Not So Fast

    Jeffrey L. Rubinger

    All of the press declaring the “Double Irish Dutch Sandwich” structure a thing of the past as a result of recent Irish finance proposals seems to be a bit overstated. The only thing that has truly changed is the scope of permissible jurisdictions to which management and control may be moved to achieve the desired tax benefits, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.