Intellectual Property

  • July 24, 2014

    Vimeo Urges 2nd Circ. To Reverse Judge's DMCA Rulings

    Video-sharing service Vimeo LLC has warned the Second Circuit that a New York federal judge's recent interpretations of the Digital Millennium Copyright Act in its row with music publishers and record companies could burden online service providers with massive liability over their users' actions.

  • July 24, 2014

    GoDaddy Users' Domain Names Ruled Too Close To Oscars Marks

    The Academy of Motion Picture Arts & Sciences, which presides over the yearly film awards known as the Oscars, won a bid on Thursday to have 88 Web domain names registered to users of GoDaddy Inc. declared confusingly similar to its own trademarks, according to an order filed in California federal court.

  • July 24, 2014

    Fox, NBC, FilmOn Drop 9th Circ. Appeals After Aereo Ruling

    Fox Television Stations Inc. and NBCUniversal Media LLC agreed Thursday with FilmOn X LLC to drop Ninth Circuit appeals over whether streaming television content over the Internet constitutes a "public performance" of networks' copyrighted works after the U.S. Supreme Court settled the issue in its recent Aereo Inc. ruling.

  • July 24, 2014

    Stryker Can't Ax Counterclaims In Customer Sabotage Row

    A Michigan federal judge shot down Stryker Corp.'s attempt to nix an ex-employee's counterclaims concerning a noncompete agreement in a suit over an alleged scheme to harm the company's relationships with customers, finding Thursday that the allegations were not a “mirror image” of the company’s own breach of contract claim.

  • July 24, 2014

    TSMC Must Detail Trade Secrets In Fraud Claim Against Tela

    Taiwan Semiconductor Manufacturing Co. Ltd. must add specific details about the trade secrets Tela Innovations allegedly misappropriated for its own patent applications in order for TSMC’s fraud claim to survive, a California federal judge ruled Thursday.

  • July 24, 2014

    NCAA, EA Win OK For $60M College Athlete Class Deals

    A California federal judge indicated on Thursday that she will preliminarily approve $60 million in settlements in college athletes' cases accusing the National Collegiate Athletic Association and Electronic Arts Inc. of improperly using their likenesses in video games, but sidelined the NCAA's effort to include antitrust claims in the release.

  • July 24, 2014

    DOJ Pushes Congress To Make Illegal Streaming A Felony

    The U.S. Department of Justice repeated on Thursday previous administration requests that lawmakers push illegal online streaming of copyrighted content from a misdemeanor to a felony — notably, a provision that was part of the highly controversial and unsuccessful Stop Online Piracy Act.

  • July 24, 2014

    Big Statutory Fines Kill Innovation, Help Trolls: Tech Cos.

    The tech industry's lobbying group told a congressional panel Thursday that steep statutory damages available under copyright law were chilling innovation and empowering so-called copyright trolls.

  • July 24, 2014

    Biosimilars Clarity Coming As FDA Eyes Sandoz Application

    The U.S. Food and Drug Administration's acceptance of a biosimilar application from Novartis AG unit Sandoz Inc. is a landmark event that should finally lead to answers about how the copycat products will be named and deemed interchangeable with their branded counterparts, experts say.

  • July 24, 2014

    Hyundai, Kia Can't Add Defenses In Hybrid IP Row

    A Maryland federal judge on Thursday denied Hyundai Motor Co. and Kia Motors Corp.’s bid to amend their contentions of patent invalidity in a suit accusing the automakers of ripping off hybrid vehicle technology, saying the companies should have included their indefiniteness defense in their original filing.

  • July 24, 2014

    FDA Gives Equivalent Rating To Perrigo's Testosterone Gel

    The U.S. Food and Drug Administration on Thursday granted Perrigo Co. an AB therapeutic equivalent rating for its testosterone gel, concluding that the generics maker's product is therapeutically equivalent to AbbVie's AndroGel and effectively mooting a suit by Perrigo seeking such a determination.

  • July 24, 2014

    Twitter, Yahoo Lead MDL Fee Fight Against Patent Cos.

    Twitter Inc., Yahoo Inc. and a slew of other defendants in multidistrict litigation over patents being asserted by two patent-holding companies asked an Illinois federal court to declare the case “exceptional” in a bid to shift the suit’s fees, saying the patent holders triggered costly and unnecessary litigation.

  • July 24, 2014

    McDonald's Triumphs Over Fuel Provider In Trademark Row

    An individual hoping to trademark “BioMcDiesel” has been shot down by the Trademark Trial and Appeal Board, which ruled that people would likely confuse the proposed biofuel mark with McDonald Corp.’s family of “Mc” trademarks.

  • July 24, 2014

    Fed. Circ. Says ITC Can Decline Nokia Infringement Argument

    The Federal Circuit ruled Thursday that the U.S. International Trade Commission does not have to let Nokia Inc. present an argument that it didn't infringe patented wireless technology, despite a previous order that a dissenting justice says obligates the commission to hear Nokia's contention.

  • July 24, 2014

    Janssen Hits Mylan With Generic Prezista Patent Suit

    Janssen Products LP on Wednesday hit generic-drug maker Mylan Pharmaceuticals Inc. with a lawsuit in New Jersey federal court over Mylan’s plans to make and market its generic versions of the HIV medication Prezista.

  • July 24, 2014

    Mt. Gox Parent Blocked From Auctioning Domain

    A federal judge in Seattle has temporarily stopped the parent of bankrupt bitcoin exchange Mt. Gox from auctioning off the domain name, finding that letting the sale proceed would hinder her ability to award potential damages in a $75 million contract suit against the company over licensing its intellectual property.

  • July 24, 2014

    A&E Hit With Trademark Suit Over 'Duck Dynasty' Camo Gear

    A&E Television Networks LLC was smacked with a trademark infringement lawsuit Tuesday over merchandise for the show "Duck Dynasty" emblazoned with the quote "My favorite color is camo" — a tagline that's allegedly already owned by a small Florida apparel company.

  • July 24, 2014

    NJ Turnpike Authority Accuses Pizza Chain Of Copying Logo

    The New Jersey Turnpike Authority launched a suit Monday in New Jersey federal court alleging Florida-based pizza chain Jersey Boardwalk Franchising Co. Inc. is infringing its Garden State Parkway Logo trademark and engaging in unfair competition.

  • July 24, 2014

    Dechert Picks Up IP, Life Science Pro From Goodwin Procter

    Dechert LLP has beefed up its intellectual property roster in New York by adding a Goodwin Procter LLP attorney with a background in handling matters involving the life science sector.

  • July 24, 2014

    Google Dodging Disclosure In Patent Row, Rockstar Says

    Rockstar Consortium LP, a patent-licensing group backed by tech giants including Apple Inc. and Microsoft Inc., urged a Texas federal judge to reject prior art references by Google intended to invalidate the seven asserted patents, saying that Google's tactic violates discovery rules.

Expert Analysis

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Misconceptions About The European Unitary Patent

    Ilya Kazi

    Some believe the EU's proposed unitary patent system will make obtaining European protection cheaper, but the cost of obtaining and maintaining patent protection in Europe will be higher under the unitary patent system for most users, say Ilya Kazi and Caroline Warren of Mathys & Squire LLP.

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.

  • Post-Grant Review Evidence 1 Year After Commil

    Jacqueline Lee

    While the Federal Circuit’s decision last year in Commil USA LLC v. Cisco Systems Inc. — which addressed the standard for proving induced infringement — seems unrelated to efforts to put evidence of post-grant review proceedings before a jury, a handful of recent decisions indicate that Commil may provide defendants just enough of a boost to begin to overcome hurdles to admissibility, say attorneys with Jones Day.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • PTAB Adopts Dueling Evidentiary Standards

    Sunjeev S. Sikand

    The need to rely upon routine business practice — and for application of a consistent evidentiary standard — to establish a reference’s public accessibility is particularly acute in the Internet age. It would benefit practitioners and their clients if the Patent Trial & Appeal Board recognized the tension in its rulings and offered clearer guidance, says Sunjeev Sikand of RatnerPrestia.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • A Brief History Of Unreasonable Royalties

    Daniel Brean

    A fresh reading of Section 284 of the 1952 Patent Act would reaffirm its compensatory nature and discard artificial legal constructs — like that in Georgia-Pacific Corp. v. United States Plywood Corp. — that restrict the plain meaning of the term “reasonable royalty,” says Daniel Brean of The Webb Law Firm PC.