Intellectual Property

  • March 27, 2015

    Dillard's Underwear Model Loses Image Rights Appeal

    An underwear model who sued Dillard's Inc. and a modeling agency for using his image on underwear packaging without his permission was left empty handed after a Texas appeals court nixed his $4,500 jury award, ruling the statute of limitations had passed on his claim.

  • March 27, 2015

    Cresta Urges ITC Review In TV Tuner Infringement Dispute

    Cresta Technology Corp. on Thursday filed a public version of its U.S. International Trade Commission petition urging review of a decision finding Samsung Electronics Co. Ltd. and other TV manufacturers did not infringe two of its silicon TV tuner patents.

  • March 27, 2015

    Brand Battles: McDonald's, Amazon, Neil Diamond

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald's takes on lobster macaroni and cheese, Amazon "fires" at unauthorized smartphone cases, and it "ain't no big surprise" that Neil Diamond is taking on a "Sweet Caroline" imposter.

  • March 27, 2015

    Marvell Says Teva Applies In High Court Bluetooth Patent Row

    Accused Bluetooth patent infringer Marvell Semiconductor Inc. continued its push for the U.S. Supreme Court to review a Federal Circuit ruling that vacated the patent licensor’s stipulation of noninfringement, arguing the decision can’t be squared with the high court’s Teva ruling.

  • March 27, 2015

    Troll Bill Threatens To Weaken All Patents, GCs Say

    In-house counsel for IBM Corp., United Technologies Corp. Aerospace Systems, Juniper Networks Inc. and others said at a conference Friday that they are worried that a bill in Congress aimed at thwarting so-called patent trolls will actually weaken all patents and hurt their business.

  • March 27, 2015

    Wells Fargo Hits Rival's Trade Secrets Suit With Like Claims

    Wells Fargo Insurance Services USA Inc., sued over trade secrets an executive allegedly stole from former employer Hylant Group Inc., launched counterclaims Thursday that a former Wells Fargo employee now working at the rival insurance brokerage disclosed trade secrets and solicited customers and staff from Wells Fargo.

  • March 27, 2015

    Provigil Pay-For-Delay Suit Survives Reconsideration Bid

    A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • March 27, 2015

    ITC Launches Investigation Of Lithium-Ion Battery Materials

    The U.S. International Trade Commission has announced an investigation into claims that certain lithium metal oxide cathode materials and lithium metal-ion batteries used in power tools infringe patents asserted by BASF Corp. and UChicago Argonne LLC.

  • March 27, 2015

    Microsoft, CVS, JPMorgan Sued Over Geolocation Patents

    Microsoft Corp., CVS Caremark Corp., JPMorgan Chase & Co., Wells Fargo Bank NA and HEB Grocery Co. LP were sued Thursday in Texas federal court over claims that they ripped off a patented geolocation system. 

  • March 27, 2015

    Ford Drives Off With Win In Patent, Trade Secret Trial

    Ford Motor Co. beat a $275 million patent infringement suit on Thursday when a Washington federal jury found that the automaker did not infringe four electric systems patents asserted by Eagle Harbor Holdings LLC, which was also found liable for misappropriating Ford's trade secrets.

  • March 27, 2015

    Rader Fishman, Co-Founding Partner Settle Competing Suits

    Claims that Michigan-based Rader Fishman & Grauer PLLC co-founder Ralph Rader bilked nearly $2 million from the intellectual property boutique have been settled as of Friday, as have Rader’s claims that the firm owes him $1.6 million related to his exit after a stroke.

  • March 27, 2015

    US Prods China On Murky Banking Sector Rules At WTO

    After much cajoling from a litany of business groups, the U.S. government has begun pressing China to shed more light on the controversial rules placing restrictions the use of foreign technology in its banking sector, according to a World Trade Organization document circulated Thursday.

  • March 27, 2015

    CRB Decision Stiffed Producers, Fattened MPAA, DC Circ. Told

    A company representing cable television producers urged a D.C. Circuit panel Friday to nix a Copyright Royalty Board decision allegedly stiffing it on millions in broadcast royalties from 2000 to 2003, saying the CRB arbitrarily gave Motion Picture Association of America most of the revenue.

  • March 27, 2015

    Meat Co. Wants Immediate Ban On Tyson's Ball Park Hot Dogs

    Meat products company Parks LLC is pushing for an immediate ban on Tyson Foods Inc.'s new high-end line of Ball Park hot dogs called “Park's Finest,” arguing that the recently debuted brand name amounts to a literal false claim that Tyson's franks are sold by Parks.

  • March 27, 2015

    Volvo Wins $1M Atty Fees In Child Safety Seat IP Row

    A New Jersey federal judge on Thursday granted Volvo Car Corp.'s bid for nearly $1 million in attorneys’ fees in a suit accusing the automaker of ripping off a child safety seat patent, saying there was no “reasonable basis" for the suit to have been filed because the products differ heavily.

  • March 27, 2015

    High Court Could End Long Ban On Expired-Patent Royalties

    The U.S. Supreme Court will soon hear arguments in a case that could discard a 50-year-old rule barring royalty agreements that continue after a patent expires, a move attorneys say would reshape patent licensing negotiations by clearing the way for longer deals with more complex terms.

  • March 27, 2015

    USPTO Raises Page Limits In 1st Round Of AIA Rule Changes

    The U.S. Patent and Trademark Office is increasing the page limits for some filings in America Invents Act reviews, effective immediately, in the first of a series of rule changes that will be rolled out in the coming months, the office said Friday.

  • March 26, 2015

    Motorola, Intellectual Ventures Meet In 3rd IP Battle

    Intellectual Ventures LLC and Motorola Mobility LLC clashed again Thursday in Delaware federal court, where the now-familiar foes commenced another trial over alleged patent infringement by Motorola technology.

  • March 26, 2015

    Fed. Circ. Shields Some Patent App Revivals From APA Review

    The Federal Circuit ruled Thursday that third-parties to a patent cannot use the Administrative Procedure Act to challenge U.S. Patent and Trademark Office decisions to revive patent applications that were abandoned because of late filings, rejecting a challenge to an application covering the injectable pain reliever Ofirmev.

  • March 26, 2015

    'Terrified' Fed. Circ. Will Follow High Court, Michel Says

    After being repeatedly reversed by the U.S. Supreme Court, the Federal Circuit appears "absolutely terrified" of further rebukes and will now scrupulously follow the high court's dictates, including deferring to lower courts on claim construction, the appeals court's former chief judge said Thursday.

Expert Analysis

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • An Assessment Of The Commil Briefings And Potential Fallout

    Matthew Berkowitz

    If the Federal Circuit’s decision is affirmed by the U.S. Supreme Court in Commil USA LLC v. Cisco Systems Inc. — set for oral argument Tuesday — it may all but eliminate induced infringement under Section 271(b) as a viable theory of infringement liability, says Matthew Berkowitz of Kenyon & Kenyon LLP.

  • Patent Reform — Texas Style

    Richard Smith

    On the heels of initiatives by other states, Texas may soon have its own statute addressing demand letters that allege patent infringement. Of particular interest in the recently filed bill are the registration and disclosure requirements for certain patent infringement claims, says Richard Smith, an intellectual property attorney.

  • TTAB Litigation Just Got More Complicated, More Expensive

    Jane Shay Wald

    Perhaps most frustrating about the decision in B&B Hardware Inc. v. Hargis Industries Inc. was the U.S. Supreme Court's dismissive approach to the very real concern that Trademark Trial and Appeal Board proceedings are incredibly different from district court infringement cases, says Jane Shay Wald of Irell & Manella LLP.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • YourBrand.Sucks: How To Deal With The New GTLD

    Andrea Calvaruso

    The launch of the .sucks generic top-level domain is of particular concern to brand owners. But all is not necessarily lost for companies who are not willing or able to purchase domain names in the .sucks registry, say Andrea Calvaruso and Ana Correa of Kelley Drye & Warren LLP.

  • Adventures In Post-Alice Wonderland

    Ji-Yong Chung

    Just like Alice used magical tonics to escape from her predicaments in Wonderland, patent practitioners can create a potion to escape misguided application of the U.S. Supreme Court's Alice test for subject matter eligibility. To discover the ingredients, we must embark on a tour of post-Alice decisions from the Federal Circuit, district court and Patent Trial and Appeal Board, says Ji-Yong Chung, an attorney with Snyder Clark Lesc... (continued)

  • SEPs Don't Need A Different Reasonable Royalty Analysis

    Aaron Fahrenkrog

    The introduction of a single fact — standardization — has thrown reasonable royalty analyses into deep and unnecessary complexity. Using our “footprint” methodology, reasonable royalty damages for standard-essential patents can be calculated the same way as in any other case, say attorneys with Robins Kaplan LLP.

  • BPCIA: How Long Is The Party, And Do I Have To Dance?

    Leslie-Anne Maxwell

    A California federal court's recent ruling in Amgen Inc. v. Sandoz Inc. is the first to interpret two key provisions of the Biologics Price Competition and Innovation Act and, if upheld on appeal, will have a tremendous impact on the patent litigation strategies of both reference product sponsors and biosimilar applicants going forward, say attorneys with Cantor Colburn LLP.

  • 'Chicago Mix' — Generic Popcorn Blend Or Trademark?

    Lora Friedemann

    Small popcorn manufacturer Candyland Inc. claims that industry giants using its registered “Chicago Mix” mark are infringers, but Cornfields Inc. and Snyder’s-Lance Inc. have asserted that “Chicago mix” is the generic name for a blend of caramel and cheese popcorn. Notably, Candyland’s use of the trademark on its website is less than ideal from a trademark owner’s perspective, says Lora Friedemann of Fredrikson & Byron PA.