Intellectual Property

  • July 29, 2015

    Michael Jordan Slams Sanctions Bid In Publicity Row

    Michael Jordan on Wednesday blasted a sanctions bid by Jewel Food Stores Inc. accusing the basketball legend of violating a judge’s order to stop repeatedly asking for judgment in a right-of-publicity suit over a store-sponsored magazine ad, saying Jewel is misinterpreting an Illinois federal judge’s comments.

  • July 29, 2015

    Actavis Blasts USPTO Decision In Opana Row

    Actavis Inc. on Tuesday asked a New York federal judge overseeing Endo Pharmaceuticals Inc.’s case accusing it and several other generics manufacturers of infringing its patent for painkiller Opana ER to disregard a U.S. Patent and Trademark Office decision upholding Endo’s patent, arguing the administrative ruling has no bearing on the pending civil case.

  • July 29, 2015

    Williams Mullen Adds Data Protection, Cybersecurity Practice

    Williams Mullen is expanding its service to include a team that will advise businesses on protecting their personal data, intellectual property and sensitive commercial information, the firm announced Wednesday.

  • July 29, 2015

    Pandora Denied FM Radio Rate In BMI Royalty Row

    A New York federal judge on Wednesday refused to lower the royalty rate he previously ordered Pandora Media Inc. to pay Broadcast Music Inc., rejecting Pandora's argument that purchasing a South Dakota radio station entitled it to pay a smaller amount.

  • July 29, 2015

    9th Circ. Revives Photo Licensing Spat With Textbook Co.

    A stock photography company with licensing rights to hundreds of photos can bring an infringement suit against John Wiley & Sons Inc., the Ninth Circuit ruled Wednesday, finding that allowing the photo company and individual photographers to block unlicensed use of the photos is "common sense."

  • July 29, 2015

    PTAB To Scrutinize Xyrem Patents In Inter Partes Review

    The Patent Trial and Appeal Board instituted inter partes review Tuesday of four Jazz Pharmaceuticals Inc. patents for the narcolepsy drug Xyrem, the same patents it previously refused to review under a different America Invents Act program.

  • July 29, 2015

    Whole Foods Can't Win Fees In 'Eatright' Trademark Suit

    Whole Foods Market Services Inc. cannot obtain about $500,000 in attorneys’ fees after beating a small company’s suit over its "eatright" trademark, a Washington federal judge ruled on Wednesday, concluding that the claims were not groundless, unreasonable or brought in bad faith.

  • July 29, 2015

    Warner’s ‘Happy Birthday’ Lyrics In Public Domain, Judge Told

    Film production companies alleging in a putative class action that a Warner Music Group Corp. unit’s copyright on “Happy Birthday to You” is bunk told a California federal judge Wednesday that a “forest” of evidence indicates the song's co-composer allowed its lyrics to enter the public domain many decades ago.

  • July 29, 2015

    Reebok Hit With Trade Secrets Suit Over CrossFit Apparel

    Reebok International Ltd. was slapped with a patent infringement and trade secrets suit in Delaware federal court on Wednesday by a rival accusing the shoe and apparel maker of marketing a line of CrossFit athletic wear that infringes its Kevlar-coating technology.

  • July 29, 2015

    Stan Lee Must Pay $140K Fees In Spider-Man Copyright Suit

    Stan Lee Media Inc. was ordered Wednesday to pay over $140,000 in attorneys' fees to Disney Enterprises Inc. and Marvel Characters Inc. in their Spider-Man copyright and trademark suit against a Pennsylvania theater, for making arguments that were “marginal” though not absolutely frivolous.

  • July 29, 2015

    Staples, Others Can't Win Fees In Dropped Pen Patent Suit

    U.S. District Judge Rodney Gilstrap refused Wednesday to award Staples Inc. and two other companies attorneys' fees from InterForm Inc., which had dropped its claims the companies' infringed a pen patent, saying the case was not exceptional under the U.S. Supreme Court's Octane Fitness standard.

  • July 29, 2015

    Orlando Solar Bears Owners Say TM Plaintiff Faked Evidence

    The Orlando Solar Bears ice hockey team’s owners and the ECHL hockey league attacked allegations that the team’s “Solar Bears” logo infringed another company’s trademark rights in Florida federal court on Wednesday, saying the plaintiff fabricated his claims.

  • July 29, 2015

    Celgene Wants Sanctions For 'Abusive' AIA Review Petition

    Celgene Corp. filed on Tuesday a motion for sanctions against an organization tied to hedge fund manager Kyle Bass, arguing the group’s challenge to Celgene’s drug patents is an abuse of the American Invents Act review program.

  • July 29, 2015

    NCAA Urges Stay On Eve Of O'Bannon Order

    The NCAA on Tuesday tried to stop an order that would allow for college athletes to be paid for the use of their names, images and likenesses, saying plaintiffs' only defense so far has been to "belittle and demonize the NCAA."

  • July 29, 2015

    Reps. Pose Slashed Income Tax Rate For IP Profits

    House lawmakers released a bipartisan proposal Wednesday to apply a greatly reduced, 10 percent income tax rate to U.S. profits derived from intellectual property and allow companies to repatriate IP stashed abroad without paying taxes on such transactions.

  • July 29, 2015

    Kind Group Lip Balm Design Patent Not Invalid, Judge Says

    A Colorado federal judge ruled on Tuesday that a Kind Group LLC design patent covering the ornamental design for a spherically shaped lip balm is not invalid, saying rival OraLabs Inc. didn't clearly show that patent was anticipated or obvious while also holding that the trade dress of a popular egg-shaped container is not functional.

  • July 29, 2015

    Tyson Beats Bid For Hot Dog Injunction In Trademark Fight

    A Pennsylvania federal judge on Tuesday refused to grant a preliminary injunction barring Tyson Foods Inc. from marketing a high-end line of its Ball Park hot dogs that allegedly infringe a smaller meat company's trademarks, finding that plaintiff Parks LLC hasn't shown likelihood to succeed on its false advertising claim.

  • July 29, 2015

    4 Copyright Cases To Watch In The Second Half Of 2015

    From new proceedings in Google's epic clash with Oracle to key appeals over the Digital Millennium Copyright Act's safe harbor, here are four copyright cases you need to be watching in the second half of the year.

  • July 29, 2015

    NY Judge Moves Google Suit Against Film Studios To Miss.

    A New York federal judge said Wednesday that Google Inc. may transfer to Mississippi its suit accusing Hollywood studios of secretly orchestrating an anti-piracy investigation by the Mississippi attorney general, reversing an earlier decision to keep the case in Manhattan.

  • July 29, 2015

    Prism Loses Fee Bid Despite $30M Sprint Verdict

    Patent holding company Prism Technologies LLC lost its bid Tuesday for attorneys' fees after it previously won a $30 million infringement verdict against a Sprint Corp. unit, with a Nebraska federal judge saying the fees weren't warranted under the framework established by the U.S. Supreme Court's recent Octane Fitness ruling.

Expert Analysis

  • How To Get To Federal Circuit Rule 36

    Rachel Hughey

    Under Federal Circuit Rule 36, the court may issue a judgment affirming the lower tribunal’s decision without a written opinion. In this article, Rachel Hughey, co-leader of Merchant & Gould PC's appellate practice, offers tactics for appellees seeking to place themselves in the best positions to obtain Rule 36 affirmances.

  • The Latest Inappropriate Reasonable Royalty Rule Of Thumb

    William C. Rooklidge

    A California federal court's recent order in Good Technology Corporation v. MobileIron Inc. characterized the defects in the expert’s methodology as factual in nature. It is clear, however, that a methodology that gives the patentee 100 percent of the suppositious licensee’s expected profits as damages is impermissible as a matter of law, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • An Update On Athlete Publicity Rights In Sports Broadcasts

    Robert Freeman

    As cases involving an athlete's right of publicity in performance recordings — like the recent suits targeting ESPN — unfold, it will be interesting to see what effect, if any, signed releases of the athlete’s right of publicity have on the courts’ decisions and their copyright preemption analyses, say Robert Freeman and Erica Esposito of Proskauer Rose LLP.

  • Assessing Vicarious Liability Exposure After Akamai

    Stephen Hash

    While it is undoubtedly true that Akamai, as well as its predecessors, have made it difficult for patentees to prove infringement in multiple-actor scenarios, and correspondingly easy for defendants to avoid infringement, the Federal Circuit has seemingly left a window of opportunity for patentees, say Stephen Hash and Christopher Granaghan of Vinson & Elkins LLP.

  • The Contentious Biosimilar Nonproprietary Naming Debate

    Joanne Hawana

    The U.S. Food and Drug Administration should be releasing initial policy positions soon on nonproprietary naming for biological products. Joanne Hawana of Mintz Levin Cohn Ferris Glovsky and Popeo PC examines both sides of the debate.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Patent Owners Leverage Preliminary Responses To Avoid IPR

    Harper Batts

    Patent owners are using preliminary responses to thwart otherwise solid prior art arguments by finding deficiencies in the inter partes review petitions as prepared. They are gaining a tactical advantage by obtaining an unappealable denial of a petition, frequently too late for a petitioner to remedy deficiencies and based upon arguments to which petitioners have no opportunity to respond, says Harper Batts of Baker Botts LLP.

  • Sports Espionage Brings Great Risks For Both Spy And Victim

    Sekou Lewis

    Two recent events reveal how high-tech espionage concerning carefully guarded team data is a new form of cheating that poses a real threat, say Sekou Lewis and Matthew Tamasco of Schnader Harrison Segal & Lewis LLP.

  • Shedding Limelight On Multiparty Induced Infringement

    Lynda Calderone

    The statutes that define indirect infringement have not really changed in some time, at least not since an amendment in 1994. The Federal Circuit and U.S. Supreme Court together could not overcome the past to embrace the future in Akamai v. Limelight, says Lynda Calderone of Flaster/Greenberg PC.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.