Intellectual Property

  • October 22, 2014

    Lupin, Amneal Lose Bid To Reverse Birth Control IP Ruling

    The Federal Circuit on Wednesday shot down Lupin Ltd. and Amneal Pharmaceuticals LLC’s bid to reverse a lower court’s finding that Warner Chilcott Co. LLC’s patent for the oral contraceptive Lo Loestrin Fe wasn’t shown to be obvious, finding the appellants’ arguments “unpersuasive.”

  • October 22, 2014

    SanDisk Fights Cert Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

  • October 22, 2014

    Tessera Wants Judge To Enforce $30M Patent Deal, Nix Trial

    Tessera Inc. is pushing a California federal judge to enforce a $30 million settlement it reached in February with Advanced Semiconductor Engineering Inc. in a patent-infringement suit, claiming ASE has “settler's remorse” and asking the court to call off a Nov. 10 trial, according to filings this week.

  • October 22, 2014

    Unwired Planet Wins Apple Report From $1B Samsung Victory

    A California federal judge has ordered Apple Inc. to hand over a damage analysis from its nearly $1 billion victory over Samsung Electronic Co. Ltd., granting patent group Unwired Planet LLC a victory in its battle with Apple Inc. over mobile device patents.

  • October 22, 2014

    US Talks Can't Extend Patent Law To Foreign Sales: Fed. Circ.

    The Federal Circuit on Wednesday upheld a $1.5 million judgment against Pulse Electronics Corp. for infringing three Halo Electronics Inc. transformer patents used in domestic products, but said that U.S. patent laws don't apply to units sold internationally even if negotiations for foreign sales occurred in the U.S.

  • October 22, 2014

    ‘Massacre’ Rocker’s IP Claims At Risk Over Shoddy Complaint

    A California federal judge Wednesday said he'd likely toss a former Brian Jonestown Massacre guitarist's countersuit in a spat over who owns the copyright to several of the rock band's works, including one used on “Boardwalk Empire,” saying the guitarist needed to be clearer in his pleadings.

  • October 22, 2014

    Quanta Doesn't Nix Restricted Sales, Lexmark Tells Fed. Circ.

    Lexmark International Inc. on Tuesday urged the Federal Circuit to overturn a decision that the company’s inkjet cartridge return program is invalid under patent law, arguing that a U.S. Supreme Court ruling the lower court relied on did not overrule the appeals court’s previous finding on restricted sales.

  • October 22, 2014

    Jury Clears Apple In $94M Patent Suit Over IPhones, IPads

    Apple Inc. triumphed in GPNE Corp.'s $94 million patent trial Wednesday when a California federal jury unanimously found that the tech titan's iPhones and iPads didn't infringe two data-communications patents, though Apple failed to convince jurors that those patents are invalid.

  • October 22, 2014

    Atty Pulls Forgery Claims In Young Law Malpractice Tiff

    A Pennsylvania lawyer representing a stonework company that sued the Young Law Group in state court for taking on a trademark case without solid knowledge of intellectual property law has withdrawn accusations that an attorney at the firm forged a signature on a settlement agreement.

  • October 22, 2014

    Effexor Buyers Want Another Chance In Antitrust Suit

    Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.

  • October 22, 2014

    Google Says Nortel Shouldn't Block Docs In Rockstar IP Row

    Google Inc. on Tuesday became the latest company to urge a Delaware bankruptcy judge to reject a bid by defunct Nortel Networks Inc. to grant it protection against subpoenas it has received in connection with patent infringement litigation involving Rockstar Consortium LP, the buyer of Nortel's patent portfolio.

  • October 22, 2014

    Amazon, Apple, Dropbox Sued Over Networking Patent

    Google Inc., Apple Inc., and Inc. were among several tech businesses sued on Tuesday in Texas federal court by Vantage Point Technology Inc., which claims services such as Google Drive and iCloud violate a patent covering a method for transferring documents over the Internet.

  • October 22, 2014

    Nexium Jury Hears From Walgreens Exec On Generics

    A Walgreen Co. executive testified Wednesday at a pay-for-delay trial over AstraZeneca PLC’s Nexium that the heartburn treatment did face competition for prescriptions from several other similar drugs, but emphasized that cheaper generic versions were only available for a few lower dosages.

  • October 22, 2014

    Gov't Asks High Court To Eye 'Good-Faith' Patent Defense

    The federal government has urged the U.S. Supreme Court to take up Commil USA LLC’s petition over whether parties accused of inducing infringement should be able to use a good-faith belief in a patent’s invalidity as a defense, saying that such a holding undermines the Patent Act’s effectiveness.

  • October 22, 2014

    ITC Agrees To Review Construction Of Sleep-Aid Patents

    The U.S. International Trade Commission has agreed to review a pair of claim constructions made in a case alleging sleep disorder devices imported by BMC Medical Co. violated patents held by ResMed Corp., according to a notice published in Wednesday's Federal Register.

  • October 21, 2014

    'Goodfellas' Actor Sues For $250M Over 'Simpsons' Likeness

    "The Godfather: Part II" and "Goodfellas" actor Frank Sivero slapped Fox Television Studios Inc. with a $250 million intellectual property suit in California state court on Tuesday, claiming a mobster character on Fox's "The Simpsons" is based on his performances in those films.

  • October 21, 2014

    ‘Jemima' Heirs Scolded For Exhumation Bid In PepisCo Row

    An Illinois federal judge on Tuesday threatened possible sanctions against the great-grandchildren of an actress who played Aunt Jemima in their $2 billion royalty suit against PepsiCo. Inc., denying their request to exhume their grandmother because it was based on a parody obituary.

  • October 21, 2014

    Actavis Wins Bid To Keep Parts Of Antitrust Suit Under Seal

    A New York federal judge, citing concerns of competitive disadvantage, on Tuesday ordered that profit projections and other financial information remain confidential in the New York attorney general's suit accusing Actavis PLC and Forest Laboratories LLC of product-hopping antitrust claims over dementia drug Namenda.

  • October 21, 2014

    Ex-Yahoo Worker Can't Duck Patent Row Under Anti-SLAPP

    A former Yahoo Inc. employee must face a suit alleging he stole a patent from the tech giant when he founded his own startup, a California judge ruled Tuesday rejecting the ex-worker’s argument that Yahoo’s trade secrets and patent suit violated his free speech rights.

  • October 21, 2014

    Ericsson Seeks Clarity On Injunctions In Apple, Samsung Row

    Ericsson Inc. urged the Federal Circuit on Monday to use an appeal by Apple Inc. that seeks to bar Samsung Electronics Co. Ltd. from including features in its smartphones that a jury found to infringe Apple's patents to clarify proof requirements for patent holders seeking injunctions.

Expert Analysis

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • IPR And CBM — You May Be In For A Trip To The Fed. Circ.

    Erin Dunston

    Due to the popularity of inter partes review and covered business method review and the likelihood of appeal, it is important to realize while in an IPR or CBM that you are functionally fighting two battles — the one at hand and the Federal Circuit one likely to follow, say Erin Dunston and Philip Hirschhorn of Buchanan Ingersoll & Rooney PC.

  • Design Patent Damages Might Be More Than You Expected

    Scott Breedlove

    For many litigators and in-house counsel who regularly deal with utility patents, the design patent is less familiar territory. But design patents can be a valuable tool. Inventors should consider protecting both the overall design and designs of specific components, as both may implicate substantial damages if infringed, say Scott Breedlove and Seth Lindner of Vinson & Elkins LLP.

  • Keys To IP Collaborations With Universities: Part 2

    Ross Garsson

    By better understanding and considering the research institution’s infrastructure and policies upfront, attorneys and executives can identify and address issues that could otherwise derail partnerships with a for-profit corporation, and thus foster successful collaboration, say attorneys with Greenberg Traurig LLP.

  • We Need A Specialized Patent Trial Court

    William Watkins

    The U.S. is the only country in the world where standard juries are used in patent cases. With patent trolls imposing huge costs on the economy and crippling our power to innovate, Americans should be willing to consider major changes in how we decide patent cases, says William Watkins, a research fellow at The Independent Institute.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • The Latest On Preliminary Injunctions In Trademark Cases

    Richard Kirkpatrick

    For many years, preliminary injunctions have long been the standard remedy of choice to challenge and stop trademark infringements at an early stage, but that long tradition may be in for a big change, says Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • Understanding Alice: Step 1 Of Mayo Analysis At PTAB

    Stephen Schreiner

    While the U.S. Patent and Trademark Office and patent practitioners continue to grapple with the U.S. Supreme Court’s Alice v. CLS Bank decision, last month two panels of the Patent Trial and Appeal Board issued decisions in covered business method patent reviews that illustrate very different approaches to the Section 101 inquiry, say attorneys with Goodwin Procter LLP.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.