Intellectual Property

  • September 17, 2014

    MacDermid Beats DuPont In Dispute Over Printing Patents

    A New Jersey federal judge ruled Thursday against E.I. du Pont de Nemours and Co. in its suit alleging MacDermid Printing Solutions LLC infringed two of its patents for flexographic printing plates, ruling that one patent's asserted claims are invalid as obvious and that MacDermid didn't infringe the other.

  • September 17, 2014

    Taylor Swift Must Face 'Lucky 13' Trademark Suit

    Singer Taylor Swift and American Greetings Corp. will have to face a lawsuit filed by an Orange County, California-based clothing company alleging the duo of infringing on its trademarks for “Lucky 13,” a federal judge ruled on Wednesday.

  • September 17, 2014

    BB&B Seeks Ruling It's Not Selling Herman Miller Knockoffs

    Bed Bath & Beyond Inc. and chair manufacturer Office Star filed a preemptive lawsuit Tuesday in California federal court after they were accused by Herman Miller Inc. of marketing rival office chairs that infringe its trademarks.

  • September 17, 2014

    Iggy Azalea Sues Ex-Boyfriend Over 'Bootleg' Rap Album

    Iggy Azalea sued her ex-boyfriend for allegedly stealing songs from her personal computer that she had recorded before becoming a famous rapper, claiming in California federal court Wednesday that he faked a contract giving him the right to release an album of the early material.

  • September 17, 2014

    Ex-Goldman VP Asks 3rd Circ. To Rehear $2.3M Fee Case

    A former Goldman Sachs vice president on Tuesday asked the Third Circuit to rehear its decision reversing an order requiring Goldman Sachs Group Inc. to pay $2.3 million for his legal bills over charges for theft of high-frequency-trading code, saying the appeals court overlooked decisions contradicting its reasoning.

  • September 17, 2014

    Oracle Adds IP Claim Against Oregon In Health Exchange Row

    Oracle America Inc., which recently hit the state of Oregon with a breach of contract suit for allegedly continuing to use software developed by Oracle for the state’s Affordable Care Act exchange despite never having paid approximately $23 million in fees, has added a copyright claim to the suit.

  • September 17, 2014

    Fed. Circ. Says Suits Doomed When Patent Co-Owner Opts Out

    In a sharply split decision Wednesday, the full Federal Circuit declined to review a ruling in a semiconductor patent dispute that found infringement suits must be thrown out when the co-owner of a patent decides not to participate, with the judges at odds over whether unwilling co-owners can be forced to join a case.

  • September 17, 2014

    Rep. Seeks DOJ Probe Of Possible USPTO Telework Abuse

    A congressman called on the U.S. Department of Justice on Monday to open a criminal investigation into whether telework employees at the U.S. Patent and Trademark Office were paid for time they didn’t work, saying federal workers who abuse the system must be held accountable.

  • September 17, 2014

    Reckitt Says Suboxone 'Product-Hopping' Didn't Harm Buyers

    Reckitt Benckiser Group PLC's move to discontinue Suboxone tablets, in lieu of a new dissolving-film version of the opiate addiction treatment, presented no antitrust injury for classes of purchasers who claim they were denied generic alternatives, a Pennsylvania federal judge heard Wednesday.

  • September 17, 2014

    'Candy Crush' Maker Wins Ban On Copycat Games

    King.com Ltd., creator of the popular game “Candy Crush Saga,” has settled its lawsuit accusing rival developer 6waves of making knockoff games, which will no longer be sold or advertised, the company said Wednesday.

  • September 17, 2014

    Judges Vote To Nix Rule Creating Patent Complaint Forms

    A panel of judges on Tuesday unanimously approved the elimination of a federal rule that provides model forms used in civil litigation that have grown obsolete, including a form allowing plaintiffs in patent infringement cases to file bare-bones complaints, and recommended that the U.S. Supreme Court approve the change.

  • September 17, 2014

    Apple, HP To Get Atty Fees After Linex's Patent Defeat

    A California federal judge has awarded Apple Inc. and Hewlett-Packard Co. attorneys’ fees in a case in which they prevailed against Linex Technologies Inc.’s patent claims and then sought $3.7 million in fees, refusing to defer the issue until the Federal Circuit decides the appeal of the court’s earlier order.

  • September 17, 2014

    Marvell Owes France Telecom $10M For Copying IP, Jury Told

    Marvell Semiconductor Inc. should pay roughly $10 million in damages for willfully infringing a France Telecom SA patent on the error-correction code used in many mobile phone chips, France Telecom told a California federal jury Wednesday at the opening of its trial against Marvell.

  • September 17, 2014

    Sam's Club Wants Bulk Purchase Agreement IP Row Tossed

    A Delaware federal judge on Tuesday was urged to toss a suit accusing Sam’s Club of ripping off the founder of Priceline.com’s patent for an agreement allowing people to purchase discounted goods over a certain amount of time, with the bulk retailer arguing the sales method is unpatentable.

  • September 17, 2014

    Startup Says Plaintiff In Junked IP Suit Not A Sham Co.

    E-commerce startup Indiezone Inc. on Tuesday urged a California federal judge to revive its copyright infringement and trade secrets suit against a pair of former officers, arguing their theft prevented Indiezone's CEO from realizing he was using a defunct company as a plaintiff.

  • September 17, 2014

    Sony, Warner Hit Amway Distributors With Copyright Suits

    Sony Music Entertainment, Warner Bros. Records Inc. and other music companies filed a pair of suits in Florida and California federal courts on Tuesday alleging Amway Corp. distributors used “iconic works” by Eminem, the Red Hot Chili Peppers and Jay-Z in marketing materials and other videos without paying royalties.

  • September 17, 2014

    Catheter Maker Blasts Ivera's 'Intimidation' In IP Suit

    Catheter Connections Inc. told a California federal court on Tuesday that its DualCap intravenous valve-cleaning products do not violate a patent held by rival Ivera Medical Corp., countering the latest in a string of Ivera lawsuits that the company called "a campaign to intimidate."

  • September 17, 2014

    House Panel OKs Trade Secret Bill, Disputed Seizure Rules

    The U.S. House Judiciary Committee gave the green light Wednesday to legislation that would create a federal private right of action for trade secrets theft, but not before Democrats protested ex parte seizure provisions that critics fear could be used for anti-competitive purposes.

  • September 17, 2014

    Judge Knocks Irell For Deposition Tactics In Patent Fight

    A California federal judge on Tuesday warned attorneys not to hold up two patent suits over a prenatal DNA test brought by Verinata Health Inc. against Ariosa Diagnostics Inc., saying Ariosa employees counseled by Irell & Manella LLP appeared to dodge questions during their depositions.

  • September 17, 2014

    Finnegan Withdraws As Counsel In Hepatitis C Drug IP Row

    A Delaware federal judge on Tuesday denied Gilead Sciences' motion to disqualify Finnegan Henderson Farabow Garrett & Dunner LLP from representing Idenix Pharmaceuticals Inc. as moot in a suit accusing Gilead of flouting several Idenix patents with its hepatitis C drug after the firm withdrew.

Expert Analysis

  • Advertising On Social Media: How To Avoid Legal Problems

    Erin Hickey

    While marketing departments rapidly have embraced social media advertising, legal departments are cautious in giving them the green light. Trying to keep your company’s marketing timely and clever, while also making sure it is legal, can be a juggling act for many, say Erin Hickey and Nancy Ly of Fish & Richardson PC.

  • Generics Need Sword, Shield For 'Exceptional' Patent Case

    Jeffrey Hovden

    Following the U.S. Supreme Court decisions in Octane Fitness and Highmark, brands may find it easier to get exceptional-case fees and costs from generics. Generics — already struggling at the margin to maximize their litigation budgets — need to get a firm grip on this development so that they can avoid paying these fees, and maybe even turn the tables on their adversaries, says Jeffrey Hovden of Robins Kaplan Miller & Ciresi LLP.

  • What Alice Ruling Means For Software Entrepreneurs

    The U.S. Supreme Court ruling in Alice Corp. v. CLS Bank is important to software startups because it goes to the very core of the value that they deliver to the market, says Robert Sachs of Fenwick & West.

  • AIA Section 102 — Simplified

    Paul Morgan

    Section 102 is perhaps the most important provision of the America Invents Act — but, not surprisingly, it is not a model of plain English. I attempted to rewrite it in simpler, shorter language for easier understanding, says Paul Morgan, former assistant chief patent counsel at Xerox Corp.

  • Post-Nautilus Most Indefinite Patent Challenges Fail

    John T. Gutkoski

    Since the U.S. Supreme Court issued Nautilus Inc. v. Biosig Instruments Inc. and adopted the new “reasonable certainty” standard for finding patent claim terms indefinite, courts have found the vast majority of claim terms to be sufficiently definite — whether viewed on a case-by-case or term-by-term basis, the vast majority of indefiniteness challenges have failed, say attorneys at Hiscock & Barclay LLP.

  • Patent Armoring Via Reissue Proceedings

    Gaby L. Longsworth, Ph.D.

    Reissue offers a patentee several strategic options and may be a useful weapon in a patentee's arsenal to strengthen its patents before they are attacked, say members of Sterne Kessler Goldstein & Fox PLLC.

  • Takeaways For Generics After Octane And Highmark

    Charles J. Andres Jr.

    The U.S. Supreme Court’s replacement of a “rigid” circuit court rule in Highmark Inc. v. Allcare Health Management System Inc. and Octane Fitness LLC v. Icon Health & Fitness Inc. with a more flexible standard has ample precedent, thus although fee-shifting awards as an equitable remedy should still be the exception we anticipate their frequency to increase, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • A Powerful Patent Prosecution Tool: Challenging Assertion

    Christopher Hall

    A patent examiner makes an assertion in an office action that seems disconnected from the facts at hand. You present an alternative, but the discussion is simply swept aside by the examiner. There is a sometimes overlooked formal mechanism that we find very effective in cases with, shall we say, challenging examination, says Christopher Hall of Womble Carlyle Sandridge & Rice LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • IP Has To Learn How To Survive In A 3D-Printable World

    Bradley Ellis

    Desktop 3D printing is experiencing rapid triple-digit growth. This manufacturing revolution will severely test the current legal regime for protection of intellectual property and brand names in much the same way the advent of the digital age challenged the music, film and publishing industries, says Bradley Ellis of Sidley Austin LLP.