Intellectual Property

  • October 20, 2014

    GM Joins Apple In Jones Day DQ Bid

    General Motors Co. on Friday joined Apple Inc. in pushing for Jones Day to quit working for a battery-part maker in its infringement suit against LG Chem Ltd., which makes GM car batteries, saying the firm is representing a client that could take out two GM factories in Michigan.

  • October 20, 2014

    Fed. Circ. Won't Rehear $13B IP Case Against Visa, MasterCard

    The Federal Circuit on Friday declined to grant a rehearing of its recent decision to toss a $13 billion suit in which SmartMetric Inc. had accused Visa Inc. and MasterCard International Inc. of infringing a network technology patent.

  • October 20, 2014

    Full Fed. Circ. Won't Review BMS Hepatitis Drug Patent Ruling

    The full Federal Circuit refused Monday to review a decision invalidating a Bristol-Myers Squibb Co. hepatitis B drug patent as obvious, even though the compound it was based on was later found to be toxic, but several judges argued strongly that the ruling makes it too hard to show a patent is not obvious.

  • October 20, 2014

    Ch. 11 Watchdog Rips GTAT's $25M Critical-Vendor Bid

    The U.S. government’s bankruptcy monitor slammed GT Advanced Technologies Inc.’s request for $25 million in spending power to keep supplies coming from vendors it has refused to identify because of a confidentiality pact with its estranged partner Apple Inc.

  • October 20, 2014

    Tech Giants Attack ITC's Patent Ruling On Digital Data

    Business groups whose members include Google Inc., Apple Inc. and other major tech-industry players urged the Federal Circuit to reverse the International Trade Commission’s decision in a suit concerning Invisalign patents that it has jurisdiction over digital downloads, saying Friday that allowing the ruling to stand would hurt global commerce.

  • October 20, 2014

    Influential Women In IP Law: Victoria Maroulis

    Quinn Emanuel Urquhart & Sullivan LLP partner Victoria Maroulis leads the firm's Silicon Valley office and was the lead attorney defending Samsung Electronics Co Ltd. in the bruising smartphone patent war it fought with Apple Inc., making her one of Law360's 20 Most Influential Women In IP Law.

  • October 20, 2014

    TPP Catches Flak From Aussie Pols As Talks Forge Ahead

    As negotiators convened in Canberra, Australia, for the latest round of talks to close the Trans-Pacific Partnership, a slew of civil society organizations and Australian lawmakers voiced opposition to the deal on Monday, flagging numerous trouble spots such as the recently leaked draft intellectual property chapter.

  • October 20, 2014

    Robin Thicke Tackles ‘Blurred Lines’ IP Claims In LA Court

    Singer Robin Thicke and producer Pharrell Williams urged a California federal judge on Monday to rule that their megahit “Blurred Lines” doesn't infringe copyrighted material from rhythm-and-blues legend Marvin Gaye, arguing Gaye's family can only assert ownership of a specific composition, not general musical ideas.

  • October 20, 2014

    WTO Dispute Roundup: Car Tariff, Biotech Spats Heat Up

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body, the European Union's case against Russian car tariffs heads to a panel, the U.S. agitates for progress on a decade-old biotechnology dispute, and Cuba accuses the U.S. of dragging its feet in a festering fight over intellectual property rights.

  • October 20, 2014

    Ford Accused Of Being A 'Bully' In Trademark Sanction Bid

    Auto paint services company RS International LLC is pushing for sanctions against Ford Motor Co., accusing the automotive giant of being a “bully” by continuing to pursue a declaratory judgment suit over the trademark for “Royal Shield” in bad faith.

  • October 20, 2014

    Cargill Can't Win 1-Year Work Ban Against Former Exec

    A federal judge on Monday refused to grant Cargill Inc. an injunction that would have barred a former executive from working at rival JBS USA for a year, saying the food giant failed to prove he had threatened to disclose trade secrets to his new company.

  • October 20, 2014

    Airbus Tries To Torpedo Bell Helicopter Sales In IP Row

    Airbus Helicopters urged a D.C. federal judge on Monday to prevent Bell Helicopter Textron Inc. from selling light helicopters with infringing landing gear, alleging the competitor paraded Airbus' design as its own and caused irreparable harm to the company's reputation.

  • October 20, 2014

    Dr. Reddy's Settles On Eve Of Nexium Pay-For-Delay Trial

    Dr. Reddy's Laboratories Ltd. agreed Sunday to help drug buyers make their pay-for-delay case against AstraZeneca PLC and two generic-drug makers as part of a settlement inked on the eve of trial in the antitrust class action.

  • October 20, 2014

    Google Takes Aim At Rockstar Patents In AIA Reviews

    Google Inc. on Friday urged the U.S. Patent and Trademark Office's patent appeals board to institute inter partes reviews of a pair of smartphone technology patents belonging to Rockstar Consortium U.S. LP and one of its units, saying the technology is unpatentable in light of prior art.

  • October 20, 2014

    Fed. Circ. Slams Fee-Shifting Requirement In Pfizer IP Suit

    The Federal Circuit on Monday ruled that a California federal court exceeded its discretion when it required biotech firm AntiCancer Inc. to pay the attorney fees of defendants Pfizer Inc. and Crown Bioscience Inc. so that the firm could bolster its patent infringement case amid a tight case schedule.

  • October 20, 2014

    France Telecom Fights Marvell's Bid To Invalidate Patent

    France Telecom SA fought back Monday against Marvell Semiconductor Inc.'s bid to invalidate a data correction patent after a $1.7 million jury verdict against Marvell, calling up its intellectual property expert to tell a California federal judge that the invention contains more than a mathematical formula.

  • October 20, 2014

    U. of Chicago Hit With Copyright Claim Over Translation

    The University of Chicago Press, the largest university press in the country, is facing copyright infringement claims over English translations of 17th-century Spanish author María de Zayas y Sotomayor.

  • October 20, 2014

    Auto Parts Co. Says Competitor Stole Clients, Wiped Info

    Car parts supplier National Auto Parts Inc. is accusing several former employees of raiding its computer files and defecting to a competitor who used the confidential information to steal away customers, according to a complaint filed in Illinois federal court Friday.

  • 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.

Expert Analysis

  • 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.

  • 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.