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  • April 23, 2014

    Nissan Hit With Infringement Suit Over Control Panel Patents

    A New York-based patent holder targeted Nissan North America Inc. in an infringement suit in Delaware federal court on Wednesday, alleging that the manufacturer’s cars come equipped with phone and radio services that may be remotely controlled, in violation of three control panel patents.

  • April 23, 2014

    Qualcomm Could Face SEC Suit Over China Bribes

    Qualcomm Inc. might be slapped with a U.S. Securities and Exchange Commission enforcement action over allegations that it bribed individuals associated with Chinese state-owned companies or agencies, the company disclosed Wednesday in a securities filing.

  • April 23, 2014

    Writer Says Grooveshark Computer Subpoena Violates Privacy

    A music journalist on Wednesday urged a California appeals court to block a subpoena of his computer servers by the owner of music streaming service Grooveshark in its defense of a copyright claim by UMG Recordings Inc., saying demands for an invasive inspection violate his privacy rights as a third party.

  • April 23, 2014

    Ford, Mercedes, BMW Shotgunned With Car-Safety IP Suits

    Patent holder Signal IP Inc. filed a slew of infringement suits Wednesday in California federal court against Ford Motor Co. and the U.S. arms of Mercedes-Benz, BMW Group and others, accusing their cars of using Signal’s car safety patents, including for a blind spot radar.

  • April 23, 2014

    Baker Botts Patent Malpractice Trial Kicks Off In Dallas

    Baker Botts LLP will face off against claims its lawyers shared patent applications for former client Axcess International Inc. with one of its competitors in an alleged breach of its fiduciary duty, as a jury trial in the case opens Thursday afternoon in Dallas.

  • April 23, 2014

    Miami Music Promoters Sue Sony, World Cup Songwriter

    A group of Miami-based music promoters claim in a lawsuit filed Monday in Florida state court that musician Elijah King, winner of a Sony Corp.-sponsored World Cup song contest, and the entertainment giant conned them into releasing King from his contract without providing promised compensation.

  • April 23, 2014

    Myriad Asks Fed. Circ. To Block Ambry Cancer Test In IP Row

    Myriad Genetics Inc. on Friday asked the Federal Circuit to revive its bid for an injunction on Ambry Genetics Corp.'s cancer-testing products, arguing the lower court judge incorrectly held that Myriad's patents were likely invalid for claiming patent-ineligible subject matter.

  • April 23, 2014

    Fed. Circ. Nixes Groupon's Bid To Move Peer-To-Peer IP Suit

    The Federal Circuit on Wednesday denied Groupon Inc.'s bid to transfer digital marketing company Blue Calypso Inc.'s suit alleging that it infringed patents related to peer-to-peer advertising technology from Texas to Illinois, finding that a lower court judge correctly denied the transfer.

  • April 23, 2014

    Huffington Seeks 2nd Chance To Quash HuffPost Idea Suit

    Arianna Huffington on Wednesday told a New York appeals court that a lower judge erred in denying her move to dismiss a suit brought by two Democratic consultants who claim Huffington stole their idea for what became the Huffington Post, saying new allegations by the plaintiffs warranted her renewed motion to quash the suit.

  • April 23, 2014

    Nelson Mullins Adds 2 Ex-K&L Gates Patent Pros

    Two patent and trademark attorneys with experience representing clients in industries ranging from mechanical engineering to specialty chemicals have joined the North Carolina offices of Nelson Mullins Riley & Scarborough LLP from K&L Gates LLP, Nelson Mullins announced Tuesday.

  • April 23, 2014

    Sandisk Denies Retail Deals Created SD Card Monopoly

    Sandisk Corp. urged a California federal judge on Wednesday to toss accusations that Sandisk’s exclusive sales agreements with retailers created an illegal monopoly in the SD memory card market, arguing in the suit, which also disputes Sandisk's patent licensing, that the agreements don't prohibit other manufacturers from competing.

  • April 23, 2014

    Korean Antitrust Watchdog Calls Patents Top Priority

    South Korea's antitrust watchdog plans to focus its efforts on patent-related competition issues over the next year, including patent trolls, standard-essential patents and other potentially abusive intellectual property enforcement, a top official reportedly said Tuesday.

  • April 23, 2014

    Video Game Makers Say Free Speech Bars 'Mob Wives' Suit

    Video game giant Take-Two Interactive Software Inc. asked a Manhattan federal judge last week to dismiss claims that it stole the life story of a former "Mob Wives" star for a minor character in "Grand Theft Auto V,” saying the allegations are foreclosed by the First Amendment.

  • April 23, 2014

    Muscle Milk Maker Slapped With False Ad, Trademark Suit

    Global Beverage Enterprises Inc. filed suit on Wednesday in Florida federal court against rival CytoSport Inc., accusing the maker of the Muscle Milk brand of nutrition products of false advertising and seeking to cancel seven Muscle Milk trademark registrations.

  • April 23, 2014

    Raymarine The Latest Target In NovelPoint GPS Patent Blitz

    Marine electronics manufacturer Raymarine Inc. on Tuesday joined a not-so-exclusive group of companies hit by NovelPoint Tracking LLC with a patent suit in Texas for allegedly infringing a patent covering car GPS and collision prevention systems.

  • April 23, 2014

    USPTO's Verdict-Nixing Power Must Be Reined In, Baxter Says

    Reinforcing its petition to the U.S. Supreme Court to review a Federal Circuit decision upholding the right of the U.S. Patent and Trademark Office to void district court judgments, health care company Baxter International Inc. on Tuesday said rival Fresenius USA Inc. has downplayed the ruling’s chaotic implications on the patent landscape.

  • April 23, 2014

    Buccellati Wins Trademark Verdict Against Founder's Heir

    Italian jewelry designer Buccellati Holding Italia SPA won a trademark infringement verdict in Florida federal court Wednesday against Laura Buccellati, a granddaughter of company founder Mario Buccellati who runs an unaffiliated handbag company.

  • April 23, 2014

    Generic Cos. Seek To Appeal Androgel Dismissal Denial

    Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. on Tuesday moved to immediately appeal a ruling that they were not immune from the Federal Trade Commission's pay-for-delay antitrust claims under the Noerr-Pennington doctrine, even though a federal court signed off on the underlying patent settlement.

  • April 23, 2014

    Fed. Circ. Says PTAB Fumbled On Ericsson Patent Application

    The Federal Circuit decided Wednesday that the U.S. Patent and Trademark Office's Patent Trial and Appeal Board erred in determining as obvious, claims in Telefonaktiebolaget LM Ericsson's rejected patent application describing a means for mitigating receiver frequency error in wireless network processing.

  • April 23, 2014

    Halliburton Sues Ex-Chief Scientist For Stealing Trade Secrets

    Halliburton Energy Services Inc. launched a suit in Texas state court on Monday against a former chief scientist the company claims has breached an intellectual property agreement by taking company trade secrets with him to go work for a competitor.

Expert Analysis

  • How To Get Out Of Dodge: Patent Venue Transfer Strategies

    Rob Isackson

    Although venue motions should typically be filed quite early on in the proceedings, there is an inherent tension between the need to move promptly and the need to develop a factual record sufficient to satisfy the applicable burden in court. Recent Federal Circuit jurisprudence highlights some of the important tactical considerations that parties should account for in shaping a potential transfer strategy, say Rob Isackson and Robert Uriarte of Orrick Herrington & Sutcliffe LLP.

  • ITC On Digital Imports: Takeaways For Software, Media Cos.

    Aarti Shah

    The U.S. International Trade Commission's much-awaited decision in Certain Digital Models confirms that the ITC can provide a powerful remedy for software, publishing and media companies whose intellectual property rights have been violated. However, those wishing to take advantage of this decision should craft their discovery requests carefully, and consider the timing of when they file complaints, says Aarti Shah, a partner with Mintz Levin Cohn Ferris Glovsky and Popeo PC and former senior investigative attorney at the ITC.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Courts Split On Applying Therasense To Summary Judgment

    Scott Breedlove

    District courts remain split on how to apply Therasense’s intent standard to motions for summary judgment of no inequitable conduct. Parties pleading inequitable conduct should bear in mind that they cannot simply focus on developing evidence that demonstrates the strength of the inference of deceptive intent — they must demonstrate why the patentee’s alternative inferences of no deceptive intent are, in fact, not reasonable, say Scott Breedlove and Andrew Allen of Vinson & Elkins LLP.

  • An Accused Infringer’s Guide To Parallel Proceedings

    Jeffrey Totten

    By managing the timing of post-grant proceedings, an accused infringer may increase its chances of negating a damages award in parallel district court litigation. Taking measures to actively create circumstances like those in Fresenius v. Baxter is a way to insure against a potentially large patent infringement judgment, say Jeffrey Totten and Elizabeth Laughton of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Nash Bargaining May Not Be Right For Patent Damages

    Thomas Varner

    A recent Law360 Expert Analysis article described use of the Nash bargaining solution as “a step in the right direction” in “establishing economic and scientific rigor” as required by courts in patent damages analysis. But using the NBS raises a number of concerns, such as reliance on the NBS’ idealized framework, the need for subjective adjustments to the NBS profit split based on the Georgia-Pacific factors, and the lack of empirical royalty rate data to verify the reliability of the NBS, says Thomas Varner of Economists Incorporated.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Low Examiner Allowance Rates, High Patent Term Adjustments

    Kate Gaudry

    Our study of patent term adjustment data for 19,470 patents granted since Jan. 1, 2008, shows that allowance-rate variability translates into another marked variability with regard to PTA. Given that PTA is awarded in response to prolonged examination, it reflects the antithesis of compact prosecution, say Kate Gaudry and Daniel Cummings of Kilpatrick Townsend and Stockton LLP.

  • Trademark Protection In China: We Can't Always Blame China

    Paolo Beconcini

    Not all of the alleged shortcomings of trademark protection in China are attributable to malicious political will, as many foreign companies seem to believe. A review of many trademark cases that have gained notoriety abroad shows how unprepared the foreign company actually was, says Paolo Beconcini of Carroll Burdick & McDonough LLP.