Intellectual Property

  • August 1, 2014

    SmartGene Says IP More Abstract Than Alice, Mayo Claims

    SmartGene Inc. has urged the U.S. Supreme Court to preserve a lower court decision invalidating Advanced Biological Laboratories SA's patents on a computer program helping doctors select treatments, arguing they are even more abstract than other patent claims the high court recently denied.

  • August 1, 2014

    Judge Threatens To Arrest Mister Softee Knockoff

    The owner of several "Master Softee" ice cream trucks on Friday was hit again with a contempt order in Mister Softee Inc.’s trademark infringement case, as a New York federal judge threatened him with possible arrest unless he disclosed the buyers of his trucks.

  • August 1, 2014

    USPTO Warned New Eligibility Rules Put Patents At Risk

    The U.S. Patent and Trademark Office's new guidelines on when inventions involving natural materials are patent-eligible go too far and could invalidate scores of patents, a host of intellectual property groups, drug companies and universities warned the office in recently submitted comments.

  • August 1, 2014

    Microsoft Sues Samsung Over Smartphone Patent Agreement

    Microsoft Corp. on Friday accused Samsung Electronics Co. Ltd. of trying to sink a 2011 patent-licensing deal, alleging in a complaint filed in New York federal court that Samsung delayed payments after Microsoft bought Nokia Corp.’s mobile device business.

  • August 1, 2014

    PTAB Issues First Precedential Designation For AIA Rulings

    In a first under the America Invents Act, the U.S. Patent Trial and Appeal Board on Thursday designated a ruling as precedential, saying that a covered business method patent review cannot proceed if a petitioner files a civil suit to challenge a patent's validity prior to filing its review petition.

  • August 1, 2014

    Novak Druce Expands To Philly With Blank Rome IP Atty

    Novak Druce Connolly Bove & Quigg LLP has hired a veteran intellectual property attorney from Blank Rome LLP with experience in life sciences and technology to spearhead its expansion into the Philadelphia market, it said Thursday.

  • August 1, 2014

    Brand Battles: Frito-Lay, POM Wonderful, Hatfield & McCoys

    In a special edition of Law360's roundup of new actions at the Trademark Trial and Appeal Board, it's all food and beverage: A smaller chip company isn't “happy” with Frito-Lay's new marketing slogan, POM doesn't think an organic sugar brand's catchphrase is “wonderful” and the Hatfield & McCoy whiskey feud gets heated.

  • August 1, 2014

    German Steel CEO Ordered To NJ Depo In Ex-Prez's Suit

    The CEO of major German steel company Stahlwerk Annahutte Max Aicher GmbH & Co. KG must submit to deposition in New Jersey as part of their legal battle with a former president of Stahlwerk unit SAS Stressteel Inc., a state judge ordered Friday.

  • August 1, 2014

    Legal Firm Settles Trade Secrets Suit Against Founder

    A Miami-based legal services firm that claimed its founder violated noncompete clauses in purchase and consulting agreements by misappropriating confidential company information has notified a Florida state court that the suit has been settled in an undisclosed deal.

  • August 1, 2014

    Fed. Circ. Nixes Rehearing Bids In Colon Cleanser Patent Row

    The Federal Circuit on Friday flushed the rehearing bids of Braintree Laboratories Inc. and Novel Laboratories Inc. in their disputes over whether Novel’s generic colon cleanser infringes a patent for Braintree’s Suprep, according to a decision on Friday.

  • August 1, 2014

    Microsoft Wins Bid For PTAB Review Of VirnetX Patent

    The Patent Trial and Appeal Board on Thursday granted Microsoft Corp. review of a VirnetX Holding Corp. network-security patent it was accused of infringing, finding Microsoft had shown a reasonable likelihood of unpatentability over all of the challenged claims due to prior art.

  • August 1, 2014

    Aruba Networks Exec Has Plan To Limit Patent Bill To Trolls

    An Aruba Networks Inc. executive says he has come up with a way to revamp stalled patent reform legislation to overcome opposition from the pharmaceutical industry by narrowing the bill so it more clearly targets patent trolls, and he has begun pitching the idea to Congress.

  • August 1, 2014

    Miami Litigation Boutique Adds 2 From Fowler Rodriguez

    Miami boutique litigation firm Levine Kellogg Lehman Schneider Grossman LLP announced it has reeled in two attorneys from Fowler Rodriguez Counselors at Law who will help grow the firm's arbitration and Latin American offerings while bringing litigation experience in product liability, real estate, banking and trademark disputes, among other areas.

  • August 1, 2014

    Fed. Circ. Revives IP Row Over Network Data Patents

    The Federal Circuit on Friday revived Amdocs (Israel) Ltd.’s infringement suit against Openet Telecom Inc. over patents for compiling network records for Internet service providers, ruling the lower court had erred when it deemed certain evidence irrelevant and misconstrued a claim construction when it tossed the suit.

  • August 1, 2014

    Time Pressure May Lead To Weak Patent Grants, Study Says

    Patent examiners may not be given enough time to evaluate patent applications and receive less time as they are promoted by the U.S. Patent and Trademark Office, leading them to grant weak patent, a pair of National Bureau of Economic Research researchers found in a recently released study.

  • August 1, 2014

    Oksana Baiul Aims To Put NY Judge On Ice In NBC Dispute

    Figure skating legend Oksana Baiul on Thursday moved to disqualify the New York federal judge that oversaw dismissed lawsuits brought against NBCUniversal Media LLC and others over Baiul’s name appearing in an announcement for an event she didn’t attend, saying the judge previously represented Time Warner Cable Inc.

  • August 1, 2014

    Yahoo Takes On German Copyright Law On Search Royalties

    Yahoo Inc. has set its sights on Germany’s year-old copyright law that grants publishers exclusive rights to the commercial use of material online, saying it inhibits fair competition in the search market, the company said Friday.

  • August 1, 2014

    AstraZeneca Sues Zydus To Block Generic Nexium

    AstraZeneca AB hit Zydus Pharmaceuticals USA Inc., an American subsidiary of Indian drugmaker Zydus Cadila, with a lawsuit Thursday in New Jersey federal court claiming Zydus’ plans to manufacture generic Nexium infringes on AstraZeneca’s patents on the popular heartburn drug.

  • August 1, 2014

    Fed. Circ. Revives Wi-LAN's Patent Suit Against Ericsson

    The Federal Circuit on Friday revived Wi-LAN Inc.'s wireless patent suit against Ericsson Inc., reversing a decision by a lower court that threw out the suit on the ground that an earlier agreement between the companies obligated Wi-LAN to grant Ericsson a license.

  • August 1, 2014

    Aereo Can't Get Quick Ruling On Compulsory License

    A New York federal judge on Friday shot down an emergency motion from Aereo Inc. for expedited consideration of its request to be deemed a cable company in order to keep operating, saying the disruptive startup had "jumped the gun."

Expert Analysis

  • Patent Validity And Scope Can Be Litigated In Antitrust Suits

    Kenneth R. O’Rourke

    Litigating patent validity and scope in antitrust suits is not the Herculean task some have made it out to be. Actavis does not mandate that we ignore patent issues — to the contrary, it requires that we confront them, say members of O’Melveny & Myers LLP.

  • Tips For Avoiding Problematic Terminal Disclaimers

    Max Colice

    The Federal Circuit’s recent decisions in STC.UNM v. Intel Corp. and In re Dinsmore illustrate dangers associated with filing a terminal disclaimer to overcome a nonstatutory double-patenting rejection, say Max Colice and Meena Seralathan of Cooley LLP.

  • Video Game Cases May Break New Right-Of-Publicity Ground

    Scott Sholder

    As the recent California lawsuit Manuel Noriega v. Activision Blizzard Inc. shows, some unanticipated and even notorious public figures could try to capitalize on what they deem to be unlicensed uses of their personas, even to the point of seeking to collect damages all the way from a South American prison, says Scott Sholder of Cowan DeBaets Abrahams & Sheppard LLP.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • New GTLDs: A Slow Start — But The Floodgates Will Open

    Ben Anderson

    The growth of new .com registrations has been steadily declining over the last five years — we are reaching saturation of useable .com domain names. In the same way as emerging markets are seen as the best opportunity for global companies, we see the freshly minted generic top-level domains as the new gold rush for the Internet industry, says Ben Anderson, product director for new gTLDs at NetNames.

  • Fed. Circ. And USPTO Diverge On Lead Compound Analysis

    William Carroll

    Recent decisions show that, at the U.S. Patent and Trademark office, the Federal Circuit's so-called lead compound analysis has not displaced traditional approaches to analyzing chemical obviousness. Therefore, the forum where a chemical obviousness battle is played out can have a big impact on the results, say Jeffry Nichols and William Carroll of Brinks Gilson & Lione.

  • Court To Sen. Hershey: Tear Down Those Signs

    Susan Neuberger Weller

    The Hershey Company's trade dress infringement case against Maryland state Sen. Steve Hershey over his brown and white campaign signs is somewhat different from the usual campaign trademark dispute in that the politician is the one who was sued for use of a corporate trademark, says Susan Neuberger Weller of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Redskins Ruling Is Consistent With TTAB Precedent

    Patricia Cotton

    While the highly publicized Trademark Trial and Appeal Board decision canceling trademark registrations used by the Washington Redskins has taken some by surprise, the holding is in line with several recent TTAB decisions involving the registration of disparaging marks — decisions that received far less media attention, says Patricia Cotton of Pillsbury Winthrop Shaw Pittman LLP.