Intellectual Property

  • October 17, 2014

    Dish, Fox Each Say Aereo Backs Their Claims In DVR Fight

    Dish Network Corp. and Fox Broadcasting Inc. faced off in a California federal courthouse Friday, each arguing that the U.S. Supreme Court's recent Aereo ruling supports its bid for a quick win in their fight over whether Dish's Internet-streaming DVR features infringe Fox's copyrights.

  • October 17, 2014

    11th Circ. Axes Fair Use Ruling Over GSU Digital Copies

    The Eleventh Circuit on Friday vacated a decision holding that digital excerpts of books from Oxford University Press Inc. and two other academic publishers provided to students at Georgia State University were protected by fair use, finding a lower court should have used a more “holistic” fair-use analysis.

  • October 17, 2014

    Mass Mutual Sues JPMorgan Over 'RetireSmart' Rights

    Massachusetts Mutual Life Insurance Co. on Friday asked a federal judge to cancel JPMorgan Chase & Co.’s trademarks for its “SmartRetirement” services and called for a declaration that the insurer’s own retirement services under the name "RetireSmart" don’t infringe those marks.

  • October 17, 2014

    9th Circ. Revives Copyright Suits After Alaska Stock Ruling

    The Ninth Circuit on Friday revived suits against Houghton Mifflin Harcourt Publishing Co. and Pearson Education Inc. in a follow-up to its ruling that a copyright registration for a collective work also includes registrations for the included works, even if each author isn’t identified.

  • October 17, 2014

    Brand Battles: Apple Fights To Register 'Siri' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, rival guitar makers accuse Gibson of trying to monopolize electric guitars with a dubious trademark registration, the NFL hints that it might put up a fight against efforts to re-register the name of the long-dead XFL and Apple appeals to the board after being refused a "Siri" registration.

  • October 17, 2014

    Ferrari Fans Say Facebook, Carmaker Stole Valuable Pages

    A multimillion-dollar lawsuit filed against Facebook Inc. and Ferrari SpA on Tuesday in California Superior Court says the social network and automaker worked together to misappropriate two popular Ferrari fan pages from their creators, posing the question of who has ownership rights over Facebook fan pages.

  • October 17, 2014

    USPS Gets PTAB To Eye Return Mail Patent As Abstract

    The U.S. Patent and Trademark Office’s patent appeal board on Thursday agreed to institute an America Invents Act review of a patent covering a system for handling dead letters, finding that the U.S. Postal Service had shown a reasonable likelihood that the patent covers only an abstract idea.

  • October 17, 2014

    Littler Takes Aim At Claim Processing Patent In AIA Review

    Facing a patent infringement suit, employment law firm Littler Mendelson PC asked the Patent Trial and Appeal Board Thursday to invalidate Bashen Corp.'s patent on a system of processing equal employment opportunity claims, saying it covers nothing more than an abstract idea.

  • October 17, 2014

    Influential Women In IP Law: Lori Lesser

    Lori Lesser of Simpson Thacher & Bartlett LLP specializes in how intellectual property is handled in major corporate transactions, pioneering that practice in BigLaw and quickly becoming one of the top names in the profession, earning a place among Law360's Influential Women In IP Law.

  • October 17, 2014

    Monster Eyes Fight Over Marshawn Lynch's 'Beast Mode' TM

    NFL superstar Marshawn Lynch is trying register his "Beast Mode" nickname as a trademark for selling energy drinks and candy, but trademark-aggressive Monster Energy Co. is indicating that it's going to try to block him from doing so.

  • October 17, 2014

    Covidien Earns Injunction Against J&J Unit's Ultrasonic Shears

    A Connecticut federal judge has issued a ruling preventing a Johnson & Johnson unit from selling an ultrasonic surgical product that allegedly infringes Covidien PLC patents, Covidien said Friday.

  • October 17, 2014

    Fed. Circ. Tosses $15M Patent Verdict Against VeriFone

    The Federal Circuit on Friday threw out CardSoft LLC's $15.4 million patent infringement verdict against credit card payment terminal maker VeriFone Inc., finding that the lower court had used the wrong claim construction and that CardSoft had never argued that VeriFone infringes under the right one.

  • October 17, 2014

    Beastie Boys Atty Claims Monster Infringement 'Devious'

    A Monster Energy Co. employee who used five Beastie Boys songs in a promotional video without the hip-hop group’s permission acted with “devious” intent, an attorney for the band told a New York federal judge Friday, seeking to preserve a recent $1.7 million copyright infringement verdict.

  • October 17, 2014

    Pantech Files For Ch. 15 Relief Amid Korean Debt Workout

    South Korean mobile phone manufacturer Pantech Co. Ltd. sought shelter in Georgia bankruptcy court Thursday to protect itself from 15 intellectual property lawsuits as it attempts to cut a debt load of more than $500 million through its home country’s insolvency laws.

  • October 17, 2014

    Fed. Circ. Clears Dow In Bayer Seed Patent Suit

    The Federal Circuit on Friday let stand a Delaware federal judge's ruling that because Dow AgroSciences LLC had a valid license to make its herbicide-resistant Enlist E3 seed, it did not infringe several patents held by Bayer CropScience AG.

  • October 17, 2014

    IP Professors Q&A: Richmond Law's Christopher Cotropia

    Multiple industries may end up losing all access to the patent system because of the patentable subject-matter eligibility cases — particularly Myriad and Alice. The pendulum has definitely swung to the anti-patent side of the fence, says Christopher Cotropia, director of the University of Richmond School of Law's Intellectual Property Institute.

  • October 17, 2014

    Haynes And Boone Adds IP, Energy Partners In Houston

    Haynes and Boone LLP has bolstered its Houston office by adding an intellectual property partner from Pillsbury Winthrop Shaw Pittman LLP and an energy commodities partner most recently from Barclays Bank PLC, the firm has announced.

  • October 17, 2014

    Cartier Wins Ruling To Block Counterfeit Goods Websites

    A U.K. judge on Friday sided with Compagnie Financiere Richemont SA — the owner of Cartier and other luxury brands — and issued a first-ever ruling that ISPs must block access to websites selling counterfeit goods.

  • October 16, 2014

    Knowles Wins ITC Suit Over Microphone Patents

    GoerTek Inc. silicon microphone parts used in headsets and earphones infringe three patents owned by rival acoustic components makers Knowles Electronic LLC, a U.S. International Trade Commission judge has ruled, recommending the GoerTek imports be banned.

  • October 16, 2014

    Getty Images Can't Block Microsoft's Bing Image Widget

    Getty Images Inc. on Thursday lost a bid to block Microsoft Corp.'s Bing Image Widget tool that allegedly displays copyrighted Getty images without permission after a New York federal judge found that Microsoft has already disabled the widget.

Expert Analysis

  • 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.

  • A Shift Toward Fee Awards In Delaware

    Joel Sayres

    Four recent Delaware decisions granting fees or sanctions against patent assertion entities may reflect a larger judicial exasperation with PAE tactics that all too often waste court resources and inflict unnecessary costs and burdens on defendants, says Joel Sayres of Faegre Baker Daniels LLP.

  • If High Court Reverses Teva, Litigation Costs May Increase

    Irena Royzman

    The policy arguments presented to the U.S. Supreme Court in Teva Pharmaceuticals USA Inc. v. Sandoz Inc., which was argued Wednesday, are off-base. In fact, increased deference to lower court claim construction determinations is more likely to increase litigation costs than decrease them, say Irena Royzman and Aron Fischer of Patterson Belknap Webb & Tyler LLP and Maggie Wittlin, an associate-in-law at Columbia Law School.

  • 7th Circ. Ruling Makes Fair Use Even More Unpredictable

    Alan Friedman

    In Kienitz v. Sconnie Nation LLC, the Seventh Circuit recently criticized and distinguished itself from a major fair use ruling that the Second Circuit issued in 2013. This could create incentives to forum shop with respect to works distributed nationwide in which jurisdiction and venue lies in both the Second and Seventh circuits, says Alan Friedman of Fox Rothschild LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • A Guide To Understanding Fed. Circ.'s VirnetX Opinion

     Aaron Fahrenkrog

    Please do not panic over the Federal Circuit’s recent ruling in VirnetX v. Apple Inc. It does not spell the end of damages in patent cases. It does not change the existing paradigm about how to support a damages model with evidence. It does not even foreclose the use of the Nash bargaining solution, say attorneys with Robins Kaplan Miller & Ciresi LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.