Intellectual Property

  • August 26, 2016

    Cisco Wants $24M surveilAnce Tech Patent Verdict Nixed

    Cisco is urging a Delaware federal judge to throw out a $24 million jury verdict awarded to SRI International in a patent infringement trial over network surveillance technology, saying the verdict was not supported by the evidence and the award was excessive.

  • August 26, 2016

    Appeals Court Questions Royalty Pact For Beats Headphones

    A California appeals court considering whether to revive claims that Dr. Dre’s Beats Electronics cut the designer behind its first headphones out of royalties for subsequent models asked Friday if the designer’s deal was murky and why a patent on his work also covers another Beats product.

  • August 26, 2016

    TQ Delta Says Tech IP Passes Alice Test In Verizon Suit

    Digital subscriber line technology company TQ Delta LLC urged a Delaware federal judge Friday to not invalidate its patents for high-speed communication technology in infringement suits against Verizon, Comcast and other telecom companies, arguing the patents are valid under the U.S. Supreme Court’s Alice ruling.

  • August 26, 2016

    Gilstrap Kills 2 Intellectual Ventures Patents Under Alice

    Judge Rodney Gilstrap of the Eastern District of Texas has invalidated two retail patents that Intellectual Ventures accused J. Crew of infringing, saying they claim only abstract ideas under the U.S. Supreme Court’s Alice decision, but he decided not to invalidate a third patent.

  • August 26, 2016

    Ugly IP Feud Results in Sanction Call For Counsel

    Witness-coaching by a New York lawyer and repeated instances of bad deposition conduct in a combative trade secrets case violated a court order and justify sanctions, a California magistrate judge said in a Thursday decision.

  • August 26, 2016

    Trader Joe's TM Claim Against Canada's 'Pirate Joe' Revived

    The Ninth Circuit in a published opinion on Friday partly revived a trademark infringement suit from Trader Joe’s against a man who created “Pirate Joe’s” in Canada, a store populated with goods he purchased from the chain grocer in the United States. 

  • August 26, 2016

    Moose Wizz Root Beer Violates Brewer's Trademark, Jury Says

    A New York federal jury on Friday found that a trademark held by Canada-based Moosehead Breweries was willfully infringed by an upstate New York pub and brewery that makes and sells a brand of root beer called Moose Wizz, awarding Moosehead $8,800 in lost profits.

  • August 26, 2016

    6th Circ. Says Food Co. Can't Evade Policy's TM Exclusion

    The Sixth Circuit rejected food supplier S. Bertram Inc.'s bid for defense coverage in a competitor's trademark suit, holding Friday that the underlying action alleges only intellectual property infringement, which is excluded under Bertram's policy with Citizens Insurance Co. of America.

  • August 26, 2016

    Fed. Circ. Upends Ammo Co.’s $16M Patent Win Against Army

    A Federal Circuit panel on Friday shot down Liberty Ammunition Inc.’s $15.6 million judgment against the U.S. Army for infringing a lead-free bullet patent, concluding that a Federal Claims judge misread the technology descriptions in conflating the company’s rounds with the ones developed by the government.

  • August 26, 2016

    Judge Backs Short-Term Freeze On 'Hotel Chicago'

    A federal magistrate judge recommended temporarily blocking a car dealership owner from using “Hotel Chicago” to advertise his recently opened hotel, saying Thursday that a Marriott-affiliated competitor has a good chance of a winning a trademark case against him.

  • August 26, 2016

    Historic Race Game Doesn't Infringe Tracks, 6th Circ. Told

    Gaming and entertainment company Kentucky Downs LLC has urged the Sixth Circuit to throw out a trademark suit brought by a group of racetrack owners, arguing that the use of the tracks’ names in its gaming software is a permissible use.

  • August 26, 2016

    Gilead, Emory Drop HIV Drug Generic Suit

    A New Jersey federal judge agreed Thursday to dismiss Gilead Sciences Inc. and Emory University's suit alleging Indian drugmaker Hetero Drugs Ltd. infringed four patents for HIV treatment Truvada by seeking U.S. Food and Drug Administration approval to make a generic of the drug.

  • August 26, 2016

    Texas' C&J Energy Sues Ex-VP Who Left For Competitor

    C&J Energy Services Ltd. on Thursday filed a lawsuit in Houston against its former senior vice president and general manager, telling the court it needed immediate intervention to prevent the former employee from divulging its trade secrets to his new employer — a direct competitor where he now holds a similar leadership position.

  • August 26, 2016

    T-Mobile, AT&T Whittle Down Intellectual Ventures IP Suit

    A Delaware federal judge on Thursday trimmed yet another patent from Intellectual Ventures' originally massive infringement suit against AT&T, T-Mobile and others, after the telecom giants argued that IV did not even own the patent when the company launched the case.

  • August 25, 2016

    Conservative Schlafly Group Leaders Spar Over ‘Copycat’ Org

    An internal squabble between leaders of conservative activist Phyllis Schlafly's advocacy group landed in Illinois federal court on Thursday, this time alleging members of the Schlafly family, including Phyllis Schlafly herself, are responsible for setting up a copycat organization.

  • August 25, 2016

    BlackBerry, Tech Security Firm Can't Wrap IP Suit, Judge Says

    A Delaware federal judge on Thursday declined to grant competing summary judgment motions on whether global mobile device maker Blackberry infringed a data encryption patent owned by Maz Encryption Technologies Inc., saying there was not yet enough evidence to rule on the issue one way or the other.

  • August 25, 2016

    7th Circ. Slams 'Bait And Switch' In Bug Repellent TM Row

    A Seventh Circuit panel on Thursday overturned a lower court’s findings that a nutrition product corporation infringed S.C. Johnson & Son Inc.’s “Bug Off” trademark for insect repellents, saying the district judge abused his discretion in allowing a “bait-and-switch maneuver” by the household cleaner giant.

  • August 25, 2016

    Beyonce Trailer Is 'Simply Not Similar' to Film, Rakoff Hears

    Beyonce’s 65-second trailer for her visual album “Lemonade” is “simply not similar” to the seven-minute short film “Palinoia,” whose maker accused the chanteuse of copyright infringement, U.S. District Judge Jed Rakoff heard Thursday.

  • August 25, 2016

    Sports Merch Dealer's IP Licensing Suit Punted To State Court

    A sports memorabilia dealer embroiled in a patent ownership dispute with First Data Corp. won a double victory Thursday when a New Jersey federal judge agreed his contract claims should proceed in state court and dismissed First Data’s suit because the outcome would turn on the state case.

  • August 25, 2016

    Brad Paisley, Carrie Underwood Beat Song Copyright Suit

    A Tennessee federal judge on Thursday tossed a copyright infringement suit against singers Brad Paisley and Carrie Underwood over their song “Remind Me,” saying the 2011 chart-topper doesn’t steal a hook from a songwriter.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • The Complexity Of Trademarks In The Marijuana Business

    Tanya Curcio

    Because marijuana is still classified as an illegal substance under the federal Controlled Substances Act, protecting trademarks for marijuana-related goods and services is complicated at best — and sometimes impossible, says Tanya Curcio of Vorys Sater Seymour and Pease LLP.

  • Considerations When Invoking The Defend Trade Secrets Act

    Nicholas J. Boyle

    Prior to its enactment in May, many questioned the need for the Defend Trade Secrets Act of 2016. However, the DTSA is now law, and it is time to consider how the statute as enacted affects a trade secret owner’s litigation decisions, say Nicholas Boyle, Christopher Manning and Richard Olderman at Williams & Connolly LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • 5 Insurance Issues To Consider In Tech Transactions

    Darren S. Teshima

    Technology services and software companies face a variety of insurance issues while negotiating licenses and other service agreements, particularly in this era of data breaches and cloud computing. There are five primary issues to keep in mind in order to safeguard company success, says Darren Teshima of Orrick Herrington & Sutcliffe LLP.

  • A Facelift For IP-Licensing Antitrust Guidelines

    William R. Vigdor

    The Federal Trade Commission and the U.S. Department of Justice recently announced that they are seeking public views on a set of proposed updates to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property. The proposed guidelines may be most interesting for what they do not change, say attorneys with Vinson & Elkins LLP.

  • Pay-For-Delay & Stock Prices: Smoking Gun Or Damp Squib?

    Paul Greenberg

    In their July 29 response to our Law360 article critiquing the stock-price approach to assessing reverse-payment settlements, advocates of the “smoking gun” viewpoint described our position as "incorrect in theory, empirically and legally.” We disagree with this sweeping assertion, say members of Analysis Group Inc.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.