Intellectual Property

  • January 27, 2015

    '12 Years A Slave' Soundtrack Facing Copyright Lawsuit

    A composer is claiming that much of the score to best picture winner “12 Years a Slave” — written by Hollywood soundtrack heavyweight Hans Zimmer — was lifted from his own little-known musical work.

  • January 27, 2015

    Patent Co. Wants $300M Damages In Symantec Antivirus Row

    Intellectual Ventures Management LLC said Tuesday that Symantec Corp. should have to pay as much as $300 million in damages if found to have infringed its patents with the popular Norton AntiVirus software and other products, as arguments in the infringement trial kicked off in Delaware.

  • January 27, 2015

    Technology Companies Deny Stealing Ford's Trade Secrets

    Two technology companies have urged a Washington, D.C., federal judge to reject Ford Motor Co.’s contention that they stole the automaker’s trade secrets then used the information to draft continuation patent claims, saying that Ford has offered no evidence to prove the allegation.

  • January 27, 2015

    Myriad Settles Breast Cancer Test Patent Suit With Ambry

    Ambry Genetics Corp. said Monday it has reached a settlement agreement with Myriad Genetics Inc., which had accused the genetic testing company of infringing its patents on breast cancer tests, several days after Myriad settled with three other companies.

  • January 27, 2015

    IP Firm Can't Dodge Med. Device Co.'s Malpractice Claims

    A Florida federal judge on Monday trimmed two claims from a diabetes test supply company’s legal malpractice lawsuit against intellectual property law firm Stein Law PC but refused to toss professional negligence claims against the firm, allowing the majority of the suit to remain intact.

  • January 26, 2015

    Dow Shakes Akzo's Patent Suit Over Paint-Making Process

    A Delaware federal judge on Monday ruled in favor of Dow Chemical Co. in a suit filed by Dutch paint giant Akzo Nobel NV, which had accused Dow of stealing its patented high-temperature method for creating polymer dispersions.

  • January 26, 2015

    Tyco Sues Fire Safety Rival For Stealing Employees, Secrets

    Tyco Fire Products LP slammed fire-safety products rival Conbraco Industries Inc. with a lawsuit in Pennsylvania federal court Friday, alleging the company poached several Tyco employees and tried to lure away Tyco customers by using stolen trade secrets.

  • January 26, 2015

    Marvin Gaye Recordings Barred From 'Blurred Lines' Trial

    Jurors tasked with deciding whether singer Robin Thicke and producer Pharrell William ripped off R&B legend Marvin Gaye’s 1977 song “Got to Give It Up” with their megahit "Blurred Lines" won't be allowed to listen to recordings of Gaye's song during the upcoming trial, a California federal judge ruled Monday.

  • January 26, 2015

    Adaptix Patents In Apple, AT&T, Verizon Suits Ruled Invalid

    A California federal magistrate judge on Friday ruled that claims of two Adaptix Inc. data encoding patents are invalid due to indefiniteness, a week after ruling that Apple Inc., AT&T Mobility LLC, Verizon Wireless and HTC Corp. did not directly infringe the patents.

  • January 26, 2015

    Tom Petty To Get Royalties For Sam Smith's 'Stay With Me'

    Singer and songwriter Tom Petty and Jeff Lynne, who co-wrote the song “I Won’t Back Down,” have settled their copyright dispute with English singer Sam Smith over the similarities between Petty's 1989 smash hit and Smith’s Grammy-nominated “Stay With Me.”

  • January 26, 2015

    FDA Backs Teva's Generic Nexium In Blow To Ranbaxy

    The U.S. Food and Drug Administration on Monday approved Teva Pharmaceutical Industries Ltd.’s generic version of AstraZeneca PLC’s blockbuster heartburn drug Nexium, prompting an immediate response in D.C. federal court by Ranbaxy Laboratories Ltd., which originally had rights to the lucrative copycat.

  • January 26, 2015

    Sirius Wants 2nd Circ. Ruling On Pre-72s Before Class Cert.

    Sirius XM urged a federal judge Monday to let the Second Circuit weigh in on the satcaster’s dispute over pre-1972 records before certifying a class of musical artists who might be owed money over the classic tracks.

  • January 26, 2015

    Fed. Circ. Backs TSI In Particle Detector Patent Suit

    The Federal Circuit on Monday affirmed a lower court's ruling that precision instruments maker TSI Inc. did not infringe a particle detector patent that the inventor also asserted against Lockheed Martin Corp. in a case that the U.S. Supreme Court declined to review earlier this month.

  • January 26, 2015

    Fairchild Loses Bid To Invalidate IP Behind $105M Verdict

    A California federal judge on Monday refused to invalidate a Power Integrations Inc. patent behind a $105 million infringement verdict against Fairchild Semiconductor International, Inc. that was later vacated, rejecting Fairchild's argument that Power Integrations violated patent laws by intentionally withholding prior art from the U.S. Patent and Trademark Office.

  • January 26, 2015

    Marvell Escapes Investor Suit Over $1.5B Patent Suit Loss

    A group of shareholders lost their bid Monday to take on the founders of Marvell Technology Group Ltd. for their role in the company’s $1.5 billion loss in a lawsuit for infringing Carnegie Mellon University’s patents, when a California federal judge ruled Bermuda law should govern the dispute.

  • January 26, 2015

    Tussle Erupts At High Court Over Teva Copaxone Suit Remand

    Sandoz Inc. and Mylan Inc. on Friday urged the U.S. Supreme Court, which last week cast aside the Federal Circuit's long-standing rule that district court claim construction rulings must be reviewed afresh on appeal in a win for drugmaker Teva Pharmaceuticals USA Inc., to expedite sending the case back to the appellate court.

  • January 26, 2015

    AIA Reviews Are A Game-Changer For Pharma, Survey Shows

    The new proceedings for challenging patents under the America Invents Act have shaken up the biotechnology and pharmaceutical industries, with 78 percent of in-house counsel at such companies saying in a survey released Monday that the law has changed their patent strategies.

  • January 26, 2015

    Pillsbury Adds 10 In Austin With Bracewell IP Team

    Four Bracewell & Giuliani LLP intellectual property partners on Monday joined Pillsbury Winthrop Shaw Pittman LLP’s fledgling Austin office, and are expected to bring six associates focused on patent prosecution, litigation and technology transactions.

  • January 26, 2015

    Sonus Pushes Back Against Inventergy's Licensing Pressure

    Sonus Networks Inc. on Friday hit patent licensing company Inventergy Inc. with a suit in California federal court, alleging Inventergy has been pressuring it to pay at least $24 million in patent licenses for telecommunications patents Sonus claims are invalid.

  • January 26, 2015

    Justices Remand 3 Cases Following Claim Construction Ruling

    The U.S. Supreme Court on Monday ordered the Federal Circuit to take a fresh look at three patent cases involving biofuel patents, a fluorescent lighting patent and Shire Development LLC's bowel disease drug Lialda, in light of last week's high court decision changing the standard for reviewing claim construction rulings on appeal.

Expert Analysis

  • Secret Patent-Examination Program: Rare But Consequential

    Kate Gaudry

    The fact that the number of applications subjected to the U.S. Patent and Trademark Office's Sensitive Application Warning System program is relatively low does not alter the fact that the program is highly questionable under constitutional and administrative law norms, say Kate Gaudry and Adam Charnes of Kilpatrick Townsend & Stockton LLP.

  • Brand Owners Can Make Trademark Tacking Stick

    Mark Mutterperl

    The U.S. Supreme Court’s recent unanimous decision in Hana Financial Inc. v. Hana Bank — the court’s first substantive trademark decision in a decade — brings the relatively unknown tacking doctrine to the forefront of the debate over how to protect marks that subtly evolve over the course of decades, say attorneys with Bracewell & Giuliani LLP.

  • USPTO And Courts Must Clarify Design-Utility Boundary

    Yin Huang

    Missing from the newfound enthusiasm for design patents is sufficient attention to the legal relationship between design patents and their utility-oriented cousins, says Yin Huang of Charles Colman Law PLLC.

  • 'IPA' Really Could Have Been A Trademark For Beer

    Steven Klein

    Can one brewery sue another to stop it from using a stylized version of “IPA,” a familiar acronym for the popular style of beer known as India Pale Ale? As you may have heard, the Lagunitas Brewing Co. just tried — and it didn’t go so well. But things could have worked out very differently if Lagunitas had raised its claims back in 1995, says Steven Klein of Stoel Rives LLP.

  • Top 5 Developments In Reverse Payments Over The Last Year

    Ryan Marth

    Last year, the reverse payments conversations grew hotter with courts divided and the law evolving. What is more, those conversations have caught on abroad, with developments occurring in Europe and Canada. 2015 will better define what is and is not an illegal reverse payment, say Ryan Marth and Matthew McFarlane of Robins Kaplan LLP.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Don't Underestimate The Copyright Trolls

    Jorge Espinosa

    Despite the negative publicity and the obvious resistance by some courts, we are likely to continue to see a stream of cases by alleged “copyright trolls,” says Jorge Espinosa of Espinosa Trueba PL.

  • New Considerations For File Wrapper Estoppel

    Michael Ye

    A potential good-news, bad-news story would be a patent owner granted denial of a patent challenger’s inter partes review petition at the Patent Trial and Appeal Board, but later faced with a reduced scope of claim coverage because of statements it made in the preliminary response or otherwise in the proceeding, say attorneys with Andrews Kurth LLP.

  • How High Court Teva Ruling Will Affect Patent Litigants

    Stacey L. Cohen

    The U.S. Supreme Court's decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. to provide deference to the “evidentiary underpinnings” of district courts’ claim construction rulings makes clear that factual determinations in patent cases should not be treated differently than those in other areas of the law, say Stacey Cohen and Devin Kothari of Skadden Arps Slate Meagher & Flom LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 2

    Randy Kahnke

    While the world of patentable subject matter shrinks, the world of trade secret protection may be expanding, say attorneys with Faegre Baker Daniels LLP.