Intellectual Property

  • June 29, 2015

    Fed. Circ. Upholds Cox's Win In Fiber Optic Chip Patent Row

    The Federal Circuit on Monday said Cox Communications Inc. did not infringe a patent held by Cambrian Science Corp. covering technology for chips used in fiber optics communications systems, ruling the district court did not make a mistake in how it defined certain terms in the patent’s claims.

  • June 29, 2015

    ‘Blurred Lines’ Judge Calls Pharrell Penalties ‘Excessive’

    A California judge on Monday tentatively refused to undo a jury's finding that Robin Thicke and Pharrell Williams stole portions of a Marvin Gaye song for their hit "Blurred Lines" but questioned the jury's decision to saddle Williams with an “excessive” penalty of nearly 200 percent of his profits.

  • June 29, 2015

    Justices Won't Hear Athena's Appeal In Eyelash Product Suit

    The U.S. Supreme Court refused to hear Athena Cosmetics Inc.’s challenge to a ruling that it violated California’s unfair competition law by selling an eyelash conditioner product without regulatory approval, dealing the company a blow in a closely watched case against Allergan Inc.

  • June 29, 2015

    IP Groups Urge En Banc Review Of Joint Infringement Rule

    Two major intellectual property groups have urged the full Federal Circuit to reconsider a panel decision involving Akamai Technologies Inc. that multiple parties can be held jointly liable for patent infringement only in rare situations, saying it makes many patents nearly impossible to enforce.

  • June 29, 2015

    O'Reilly Auto Can't Duck IP Row Under Alice, Court Told

    Quommerce Systems LLC urged a Texas federal judge on Monday to deny O'Reilly Automotive Inc.'s bid to dismiss a suit accusing O'Reilly of ripping off online storefront technology, arguing that the auto parts retailer hasn't shown that the patent is invalid under the U.S. Supreme Court's Alice decision.

  • June 29, 2015

    Automakers Seek To Dodge Signal IP's Safety Patent Suit

    Nissan North America Inc., Mazda Motor of America Inc. and Subaru of America Inc. on Friday urged a California federal judge to pare further claims from a suit accusing the automakers of ripping off Signal IP’s car safety patents, saying Signal admits the patent contains an error since its claim constructions contradict.

  • June 29, 2015

    USPTO Defends Constitutionality Of AIA Review To 4th Circ.

    The U.S. Patent and Trademark Office defended the constitutionality of its inter partes review process on Friday, telling the Fourth Circuit that it should either transfer to the Federal Circuit or outright reject eCharge Licensing LLC's bid to revive its constitutional challenge to an America Invents Act proceeding.

  • June 29, 2015

    Antonelli To Appeal $8M Malpractice Award In Ad Patent Row

    Antonelli Terry Stout & Kraus LLP lodged an appeal with the Second Circuit on Monday less than a month after a New York federal judge refused to kill an $8 million malpractice award against the law firm in a suit brought by Protostorm LLC over botched online ad patents.

  • June 29, 2015

    High Court Wants VeriFone Verdict Re-Examined After Teva

    The U.S. Supreme Court revived a patent suit against VeriFone Inc. Monday, ordering the Federal Circuit to reconsider its decision throwing out a $15.4 million verdict against the payment terminal maker in light of the high court’s January decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc.

  • June 29, 2015

    Scientific Games Says Standing Sinks $100M Antitrust Suit

    Scientific Games Corp. asked an Illinois federal court last week to toss a $100 million lawsuit accusing the company’s subsidiary of using patents to illegally monopolize the market for card shuffling machines for casinos, saying the companies suing them have no standing to do so.

  • June 29, 2015

    Pandora Wants BMI Royalty Lowered To FM Radio Rate

    Pandora Media Inc. has played its long-expected hand in a royalty battle with Broadcast Music Inc., pointing a New York federal judge to its recently closed purchase of a South Dakota FM radio station that the company claims should slash the rate.

  • June 29, 2015

    Actress Ends High-Profile 'Muslims' Case Against Google

    The actress who won a "dubious" copyright ruling forcing Google Inc. to pull an anti-Islam video from YouTube has formally ended her closely watched case, a little over a month after the Ninth Circuit decisively ruled against her.

  • June 29, 2015

    AT&T Stay Bid Unopposed In Sidley Blown-Deadline Case

    The winner of a $40 million patent infringement verdict against AT&T Inc. told the Federal Circuit on Friday that it doesn’t oppose AT&T’s request to stay the mandate as it petitions the Supreme Court, but it did take exception to the company’s reasoning for the request.

  • June 29, 2015

    Latham & Watkins Beats Malicious Prosecution Claims

    A California appeals court ruled in favor of Latham & Watkins LLP on Friday in a malicious prosecution suit stemming from an underlying trade secrets dispute, finding that the interim adverse judgment rule precludes the former Flir Systems Inc. executives’ claims.

  • June 29, 2015

    Director Has No Separate Copyright In Movie, 2nd Circ. Says

    The Second Circuit on Monday ruled that a movie director can't own a separate copyright on his contribution to a film, expressly endorsing the Ninth Circuit's high-profile ruling last month in Garcia v. Google in the process.

  • June 29, 2015

    Fed. Circ. Says Only Final AIA Decisions Are Appealable

    The Federal Circuit has ruled again that the Patent Trial and Appeal Board’s decisions to institute, deny or vacate America Invents Act reviews after they have been instituted cannot be appealed, saying it only has the authority to hear appeals of the PTAB's final decisions on patentability.

  • June 29, 2015

    BMG, Cox Must Turn Over Docs In Music Copyright Row

    A Virginia federal judge on Friday ordered BMG Rights Management LLC to release some documents Cox Enterprise Inc. had sought in a copyright infringement suit alleging it disregarded notices that its users illegally downloaded songs, and instructed Cox to produce some subscribers’ personal information.

  • June 29, 2015

    High Court Denies Ultramercial's Bid For Alice Clarification

    The U.S. Supreme Court on Monday declined to hear Ultramercial LLC's appeal of a decision that invalidated its online advertising patent as an abstract idea, rejecting the company's argument that the long-running case represented an opportunity for the high court to clarify its landmark Alice decision.

  • June 29, 2015

    Recent Rulings Shed Light On Fed. Circ's Approach To Teva

    The Federal Circuit issued two decisions this month applying the U.S. Supreme Court's Teva standard for reviewing claim construction rulings, and although the results were different, the cases give a first look at how different underlying facts impact deference to district courts, attorneys say.

  • June 29, 2015

    Honigman Scores Ex-Takeda IP Counsel, Paul Hastings Atty

    Honigman Miller Schwartz and Cohn LLP has bolstered its intellectual property department with the addition of two new partners, Takeda Pharmaceuticals International Co.’s former chief IP counsel and an ex-Paul Hastings LLP attorney, marking the latest in a series of moves for the Detroit-based law firm.

Expert Analysis

  • Music In Politics — Copyright And Lanham Act In The Mix

    Since Frank Sinatra helped John F. Kennedy get elected to the presidency in 1960, every candidate has used popular music to help inspire voters. But the copyright laws and Lanham Act do not give them free rein to use musician’s work without license — and musicians have started to fight back. Entertainment attorney Allen Grodsky explores the trend.

  • Post-Grant Challenges In Life Sciences: A Midyear Assessment

    Raymond Miller

    Inter partes reviews and post-grant reviews have only begun to affect the life sciences industries. While petitions filed by hedge fund-like entities have grabbed headlines, highlighting the law of unintended consequences of post-grant proceedings and causing uncertainty in the industry, the vast majority of IPRs have been filed by generic and branded competitors, say Raymond Miller and Nicole Stakleff of Pepper Hamilton LLP.

  • The Commil Decision And What It Leaves Unanswered

    J. Karl Gross

    Throughout the Commil USA LLC v. Cisco Systems Inc. opinion, the U.S. Supreme Court treated knowledge and intent as binary concepts — the accused inducer either possessed knowledge and intent or it did not. Unfortunately, this understanding does not reflect the realism of litigation in the district courts, says J. Karl Gross of Leydig Voit & Mayer Ltd.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Weigh TMs Before Reacting To NLRB McDonald’s Complaints

    Allyson Fair

    Until a resolution is reached in the National Labor Relations Board's McDonald’s USA LLC case, companies and employment lawyers focusing on how to frame the franchisor/franchisee relationship should keep in mind that trademark issues are intertwined with the joint liability question, says Allyson Fair of Sideman & Bancroft LLP.

  • How A Funding Provision For PTO Almost Derailed The AIA

    Aaron Cooper

    Four years ago this week, the House voted for the America Invents Act. Much has been written about the legislative history of the AIA, but one story that is rarely told concerns how the bill — which had passed the Senate 95-5 and was approved by the House Judiciary Committee 32-3 — almost never made it to the House floor, says Aaron Cooper, of counsel at Covington & Burling LLP and former chief counsel for intellectual property and... (continued)

  • 4 Life Science Innovations That Give Life To Patent Growth

    Kevin M. Granahan

    With a rapidly increasing and largely inelastic demand resulting from health-conscious and aging populations throughout the world and the relative availability of capital, the life sciences industry is in an enviable position regarding patent growth — especially when compared with other industries competing for revenues, say Kevin Granahan and David Magagna at Fox Rothschild LLP.

  • A Rare 'Spaghetti' Software Code Copyright Decision

    Jeffrey Kass

    Can licensed code be embedded in other code and still receive copyright protection? Jury decisions like the recent U2logic Inc. v. American Auto Shield LLC case in Colorado may provide some guidance and help software developers protect their valuable programs, says Jeffrey Kass of Polsinelli PC.

  • Filing Intent-To-Use TM App? Be Prepared To Prove Intent

    Andrea Jasinek

    The Federal Circuit’s recent decision in M.Z. Berger & Co. v. Swatch AG serves as a cautionary tale for hastily filed intent-to-use trademark applications, says Andrea Jasinek of Stoel Rives LLP.

  • 3 Potential Consequences Of Losing Rule 84 And The Forms

    Leeron Morad

    As Dec. 1 approaches, prospective plaintiffs involved in patent disputes would do well to consider the pending changes to Federal Rule of Civil Procedure 84 and the Appendix of Forms when deciding when to file complaints and what to allege, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.