Intellectual Property

  • October 24, 2014

    Lawmakers Want Data Flow Protections In TPP Talks

    Six congressmen, including the heads of the Senate Finance and Commerce committees, urged U.S. trade negotiators on Friday to protect the unfettered transfer of commercial data and digital trade in Trans-Pacific Partnership talks this weekend.

  • October 24, 2014

    Brand Battles: Michael Jackson, Marine Corps, McDonald's

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Michael Jackson's estate takes issue with a popcorn retailer, the Marine Corps asserts its surprisingly vast trademark portfolio, and McDonald's has a beef with a "McVeggie."

  • October 24, 2014

    GTAT-Apple Deal Will Likely Survive Despite Secrecy

    GT Advanced Technologies may never offer unhappy stakeholders the answers they want about the mysterious quarrel with Apple Inc. that drove the company into Chapter 11, but they will be hard-pressed to challenge the settlement the onetime partners have reached, attorneys say.

  • October 24, 2014

    Inventor Asks High Court To Revive Lockheed Patent Row

    An inventor has petitioned the U.S. Supreme Court to review the Federal Circuit's decision to toss his suit against Lockheed Martin Corp. alleging the defense contractor infringed on two particle detector patents, saying the appellate court didn't properly consider his evidence.

  • October 24, 2014

    Verinata's Fetal Test Patent Survives AIA Review On All Claims

    The Patent Trial and Appeal Board ruled Thursday that Ariosa Diagnostics Inc. hadn’t shown that Verinata Health Inc.’s “fetal abnormality” detection patent was invalid due to obviousness, marking a rare instance in which all of a patent’s challenged claims survived the scrutiny of an America Invents Act review.

  • October 24, 2014

    BMI Defeats Sly Stone Manager's Royalty Contract Claims

    A California judge on Friday rejected funk legend Sly Stone's former manager's bid to revive claims that Broadcast Music Inc. breached a royalty agreement by paying $1 million to “impostors” posing as the manager, upholding a jury's finding that BMI had no agreement with the manager.

  • October 24, 2014

    USPTO Backs Away From Patent Transparency Rules

    The head of the U.S. Patent and Trademark Office said Thursday that the agency is giving up plans to establish rules requiring greater transparency about patent ownership, and instead leaving the issue to Congress when it next takes up legislation aimed at so-called patent trolls.

  • October 24, 2014

    Influential Women In IP Law: Laura Seigle

    Irell & Manella LLP partner Laura Seigle has built a reputation as an unflappable lawyer who doesn't shy away from complex legal issues, winning the largest-ever verdict affirmed by a California appellate court and successfully defending a nonprofit client in a decision that spawned the so-called "Streisand effect," earning her a place among Law360's Influential Women In IP Law.

  • October 24, 2014

    Review $30M Google Ruling, Patent Group Tells Fed. Circ.

    The nonprofit Boston Patent Law Association urged the Federal Circuit Friday to rethink its decision that invalidated two targeted ad patents and negated a $30.5 million infringement verdict against Google Inc. and others, saying the ruling could weaken patents and hinder enforcement.

  • October 24, 2014

    Pa. Justices Take Up Medicaid Subcontractor Pay Release Suit

    The Pennsylvania Supreme Court on Thursday agreed to consider whether a state provision protecting trade secrets protects Medicaid managed care organizations from publicly disclosing the amount of money it pays to subcontractors.

  • October 24, 2014

    Dispute Over 'Boardwalk Empire' Song Rights Settled

    A California federal judge on Thursday approved an undisclosed settlement between the founder of the band Brian Jonestown Massacre and a former guitar player in a spat over who owns the copyright to several of the band’s songs, including one used in the “Boardwalk Empire” credits.

  • October 24, 2014

    IP Professors Q&A: Emory's Timothy Holbrook

    In the U.S. Supreme Court's last term the high court decided six patent law cases, and in none of them did the justices agree with the Federal Circuit. The Federal Circuit seems to be the “new” Ninth Circuit — the favorite target for reversal by the Supreme Court, says Timothy Holbrook of Emory University School of Law.

  • October 24, 2014

    Eli Lilly Gets AIA Reviews Of Institute's Fibrosis Patent

    The U.S. Patent and Trademark Office’s patent trial board on Thursday granted Eli Lilly Co.’s requests for inter partes reviews of a fibrosis treatment patent owned by a California-based research institute, which had claimed infringement based on the blockbuster drug Cialis, citing both obvious and anticipation grounds.

  • October 24, 2014

    Parts Supplier Must Indemnify Nissan In Tire Sensor IP Row

    A Tennessee federal judge on Thursday said Schrader Electronics Ltd. should have indemnified Nissan North America Inc. in a patent infringement row involving tire sensors developed by Schrader and installed in Nissan vehicles, but dashed the automaker's bid for $3.7 million in damages, saying the amount may be excessive.

  • October 24, 2014

    Coherus Seeks IPO Raising $108.6M To Fund New Drugs

    Coherus BioSciences Inc., a California biotech developing drugs patterned after existing blockbusters about to come off patent, will seek up to $108.6 million in an initial public offering designed to speed development of its pipeline, the company told regulators Friday.

  • October 24, 2014

    Insurer Wants Gawker Hulk Hogan Sex Tape Feud Trashed

    Nautilus Insurance Co. asked a New York federal judge to call the match early on Thursday in its dispute with Gawker Media LLC over a lawsuit involving the release of a sex tape featuring Hulk Hogan, arguing the claims fall outside the scope of coverage Gawker’s policy provides.

  • October 23, 2014

    Sierra Railroad Nets Another $13M In Trade Secrets Case

    A California federal judge has awarded Sierra Railroad Co. an additional $13.1 million in punitive damages for Patriot Rail Company LLC's willful misappropriation of the company's trade secrets during failed merger discussions, bringing Sierra's total award in the case to $52.8 million, according to a Thursday opinion. 

  • October 23, 2014

    FTB Gets $300K From Lumen For 'Predatory' Patent Suit

    Lumen View Technology LLC must pay $300,000 in attorneys’ fees for its unsuccessful patent infringement suit against the research website, a New York federal judge ruled Thursday, saying the award was needed to deter Lumen’s “predatory” strategy to win nuisance settlements for baseless cases.

  • October 23, 2014

    Lee Says Improving Patent Quality USPTO's Top Priority

    In her first speech since being nominated to lead the agency, U.S. Patent and Trademark Office Deputy Director Michelle Lee said Thursday that the office's main goal is to issue higher-quality patents and that it plans "to take a hard look at patent quality from every angle."

  • October 23, 2014

    Fed. Circ. Judges' Bid To Revisit Willfulness May Aid Patentees

    Two Federal Circuit judges called Tuesday for the full court to reconsider the strict standard for proving willful infringement in light of a U.S. Supreme Court decision on fee-shifting in patent cases, a move attorneys say would benefit patent owners by boosting their chances of winning enhanced damages.

Expert Analysis

  • Aereo Bid To Avoid Injunction Gets Poor Reception

    Robert Kenney

    Aereo Inc. is now barred from retransmitting broadcast television programming at any time while that programming is being broadcast. The New York federal judge's ruling emphatically answers at least one question that may not have been clear — any time delay in retransmission that is less than the entire length of the broadcast to its conclusion is impermissible, says Robert Kenney of Birch Stewart Kolasch & Birch LLP.

  • New Restrictions On Int'l Trade In Genetic Resources

    Bruce Manheim

    Although the U.S. has not signed or ratified the Nagoya Protocol, U.S. companies that utilize genetic resources from other countries for scientific research or commercial purposes will be subjected to these new requirements and restrictions. With many countries already vigorously enforcing such restrictions, the consequences of not fully complying may be draconian, says Bruce Manheim of WilmerHale.

  • How VirnetX May Affect Post-Grant Review Evidence At Trial

    Bill Sigler

    VirnetX Inc. v. Cisco Systems Inc. — the first post-Commil Federal Circuit decision to squarely address the admissibility of post-grant review evidence at trial — did not foreclose the potential new avenue created by Commil, but instead reaffirmed that the district court has broad discretion in admitting or excluding such evidence, says Bill Sigler of Fisch Sigler LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • 4 Reasons GCs Are Cautious About Filing Patent Suits

    Matt Jorgenson

    While patent litigation unquestionably is and will remain an important competitive tool for many companies, a few uncertainties may make a favorable outcome for a patentee more difficult both to assess and to ultimately achieve. These uncertainties also tend to increase the cost for a patentee to litigate successfully to a final judgment, say Matt Jorgenson and Bryan Blumenkopf of Sidley Austin LLP.

  • How To Successfully Use Alibaba's AliProtect

    Theodore Baroody

    If a U.S. intellectual property owner has limited financial resources such that infringement represented by an listing accessible in the U.S. might otherwise go unaddressed, a complaint through the AliProtect system may present a reasonable option. AliProtect has some quirks, but it worked when we tried it, and the time from complaint to takedown was about five days, says Theodore Baroody of Carstens & Cahoon LLP.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • IPR And CBM — You May Be In For A Trip To The Fed. Circ.

    Erin Dunston

    Due to the popularity of inter partes review and covered business method review and the likelihood of appeal, it is important to realize while in an IPR or CBM that you are functionally fighting two battles — the one at hand and the Federal Circuit one likely to follow, say Erin Dunston and Philip Hirschhorn of Buchanan Ingersoll & Rooney PC.

  • Design Patent Damages Might Be More Than You Expected

    Scott Breedlove

    For many litigators and in-house counsel who regularly deal with utility patents, the design patent is less familiar territory. But design patents can be a valuable tool. Inventors should consider protecting both the overall design and designs of specific components, as both may implicate substantial damages if infringed, say Scott Breedlove and Seth Lindner of Vinson & Elkins LLP.