Intellectual Property

  • October 9, 2015

    Dow Chemical Sues Ex-Employee For Stealing Trade Secrets

    The Dow Chemical Co. on Thursday sued a former long-time employee who went on to consult for a rival overseas company, alleging in Pennsylvania state court he misappropriated Dow's "valuable and proprietary trade secret technology” for manufacturing paint polymers despite signing confidentiality agreements with the company.

  • October 9, 2015

    SAS Wins $29M Jury Award Over Software License Breach

    A North Carolina federal jury awarded about $29 million to SAS Institute Inc. on Friday after a three-week trial in a suit in which it accused rival World Programming Ltd. of breaching a licensing contract for computer programs.

  • October 9, 2015

    Microsoft Strikes Out In Sensor Patent AIA Review Bid

    Microsoft Corp. on Thursday lost a bid for an America Invents Act review of a patent for touch-sensor technology when a panel of Patent Trial and Appeal Board judges found the computer giant hadn’t shown a likelihood of prevailing on its contention that the claims were unpatentable.

  • October 9, 2015

    'Reckless' NetApp IP Suit Costs Acacia $1.4M At Fed. Circ.

    The Federal Circuit on Friday affirmed a decision ordering an Acacia Research Group subsidiary to pay computer storage maker NetApp Inc. $1.4 million in attorneys' fees for filing a "reckless and wasteful" patent suit, which NetApp says should send a strong message to the major nonpracticing entity.

  • October 9, 2015

    Craigslist Wins Permanent Ban On No-Show Data Scraper

    A California federal judge on Friday granted Craigslist Inc.'s motion to permanently bar 3Taps' former “lead scraper” from continuing to plunder the online classifieds site for information after he repeatedly failed to show up in court to fight the accusations.

  • October 9, 2015

    Lexmark Gets Data Processing Patent Killed Under Alice

    A data processing patent that Cyberfone Systems LLC accused Lexmark International Inc. of infringing is invalid under Alice for claiming only an abstract idea, a Delaware federal judge ruled Thursday, saying the claims could not survive the “heightened specificity” now required by the Federal Circuit.

  • October 9, 2015

    WikiLeaks Releases Secret Text Of TPP's IP Section

    WikiLeaks on Friday unveiled what it claims is the intellectual property section of the Trans-Pacific Partnership trade deal recently announced by the United States and 11 other Pacific Rim countries, with one advocacy group subsequently slamming the agreement's purported curbs on access to medicines.

  • October 9, 2015

    Brand Battles: MLB, MillerCoors, Diageo

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, two MLB playoff teams get into new fights as the post-season gets under way, MillerCoors hits a snag in trying to relaunch a dormant Blue Moon brand, and spirits giant Diageo defends its line of espresso liqueur.

  • October 9, 2015

    Helsinn, Roche Sue Over Planned Generic Of Nausea Drug

    Drugmakers Helsinn Healthcare SA and Roche Palo Alto LLC hit two generics makers with a patent suit Thursday over their application for U.S. Food and Drug Administration approval of a version of Helsinn's Aloxi, an intravenous treatment for nausea caused by chemotherapy.

  • October 9, 2015

    FDA's Abilify Smack-Down Boosts Imitator Drugs

    The U.S. Food and Drug Administration’s recent rejection of a challenge the manufacturer of popular antipsychotic Abilify Maintena brought against a highly similar rival product shows how drugmakers can tweak existing medications to win extra exclusivity and streamlined clearance along a special pathway, experts say.

  • October 9, 2015

    Split PTAB Says Cos. Can Join Their Own AIA Petitions

    An expanded Patent Trial and Appeal Board panel has held, over several dissents, that parties that file one America Invents Act review petition are allowed to later file another petition raising different issues and join them into one proceeding.

  • October 9, 2015

    FCC, Lawmakers Told To End TV Exclusivity Rules

    Several advocacy and industry groups threw their support Thursday behind a Federal Communications Commission proposal to eliminate broadcast TV exclusivity rules.

  • October 9, 2015

    Warner/Chappell Sues Over 'Porgy And Bess' World Rights

    Warner/Chappell Music Inc. on Thursday filed suit in New York federal court against the estate of author DuBose Heyward, alleging that the estate is improperly interfering with Warner's global copyrights of Heyward's best-known work, on the George Gerwshin opera “Porgy and Bess.”

  • October 9, 2015

    Google, Facebook Lose Bid to Toss Email Patent Suit

    Google, Facebook and Amazon on Thursday lost attempts to toss an Australian company’s suit claiming the companies are infringing a long-standing email patent, when a Texas federal judge found that a dismissal before a claims construction hearing would be premature.

  • October 9, 2015

    Sandal Maker Accuses Famous Footwear Of Stealing Designs

    Famous Footwear was hit with a suit Friday in Texas federal court accusing it of ripping off the Bernardo fashion brand’s distinctive sandal design and selling the knockoffs extensively throughout the U.S.

  • October 9, 2015

    Calif. City Hit With Fees After 'Meritless' IP Suit Aimed At Critic

    A federal judge blasted the city of Inglewood, California, on Thursday for filing a “meritless” copyright lawsuit against one of its outspoken critics, ordering the city to pay the full price of bringing a case that was likely intended to “stifle defendant’s political speech.”

  • October 9, 2015

    'Big Pimpin' Judge Won't Delay Copyright Trial Over No Show

    A California federal judge has ruled that an Egyptian national who is suing Jay Z over the song “Big Pimpin” doesn't need to appear at trial in person, rejecting the rapper's claim the man was making "an obvious attempt to avoid cross-examination" and clearing the way for the trial to kick off Tuesday.

  • October 9, 2015

    Duane Morris Snags Prominent Media Atty In Atlanta

    Duane Morris LLP has bolstered its Atlanta office by bringing on board well-known media law practitioner Cynthia Counts from Counts Law Firm, which she founded 15 years ago, the firm announced Thursday.

  • October 9, 2015

    Sanctions Bid Axed In Cochran Firm's Trademark Feud

    A sanctions bid against the Cochran Firm PC's director was filed too late, a California federal judge has concluded, extinguishing the dispute over testimony on an Alabama back-office facility as the trademark row over the late Johnnie Cochran's name nears trial.

  • October 9, 2015

    Fujifilm Says $10M Patent Verdict Supported By Evidence

    Fujifilm on Thursday defended a jury’s $10 million infringement verdict against Motorola, telling a California federal judge that in some areas the only reasonable finding was for the jury to determine Motorola tread on a patent for converting digital photos to monochrome. 

Expert Analysis

  • 10 Ways To Become A 360-Degree Lawyer

    Rosario Lozada Schrier

    Whether you’re a millennial joining the profession or a seasoned veteran, the challenges posed by the current legal market compel everyone to adapt and innovate. Law professors Rosario Schrier and Annette Torres team up to offer 10 tips to develop a more diverse skill set.

  • 3 Years Of IPR: A Look At The Stats

    Matt Cutler

    We can discern from the statistical trends that inter partes review is here to stay. Petitioners are given a favorable playing field to litigate the patentability of claims and, statistics seem to show, they are having considerable success, especially in the electrical/computer arts, says Matt Cutler of Harness Dickey & Pierce PLC.

  • Potential 3-D Printing Pitfalls For Retailers

    Jennifer B. Furey

    3-D printing — once a seemingly futuristic method of manufacturing objects — is now steadily moving from high-tech labs into the mainstream, with major retailers like UPS and Staples creating brick-and-mortar locations for 3-D printing. But as with any new technology, 3-D printing raises a host of intellectual property and product liability concerns, say Jennifer Furey and Alana Van der Mude at Goulston & Storrs PC.

  • Want A Preliminary Injunction? Show The Value Of Your Patent

    Nikola Datzov

    In what appears to be the first decision from the District of Minnesota with a developed analysis on the subject, Judge Ann. D. Montgomery recently — a mere 22 days before Apple v. Samsung — denied Rudolph Technologies’ motion to preliminarily enjoin the sale of an infringing device because the patentee failed to show a sufficient nexus between the allegedly infringing technology and lost sales, says Nikola Datzov of Fredrikson & Byron PA.

  • The Misuse Of Patent Citation Analysis In Finjan V. Blue Coat

    Alan Cox

    The successful Daubert motion directed against the use of patent citation analysis by the plaintiff’s damages expert in Finjan v. Blue Coat in a California federal court provides another example of a court’s criticism of errors in application rather than of the methodology itself, say Alan Cox and Nadia Soboleva of NERA Economic Consulting.

  • OPINION: How Did A Selfie End Up In Federal Court?

    Jeff Kerr_PETA Foundation.jpg

    If this lawsuit succeeds, it will be the first time a nonhuman animal is declared the owner of property — the copyright of the monkey selfie — rather than being declared a piece of property himself. It will also be the first time a right is extended to a nonhuman animal beyond just the mere basic necessities of food, shelter, water and veterinary care, says Jeffrey Kerr, general counsel of PETA Foundation.

  • 5 Things Clients Never Tell Their Lawyers

    Francis Drelling

    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.