Intellectual Property

  • August 29, 2014

    Amazon Not Liable For Affiliates' IP Violations: 9th Circ. Inc. is not vicariously liable for copyright infringement based on the conduct of Amazon Associates — participants in the online sales giant’s affiliate-marketing program — who use copyrighted photos without permission on their websites, the Ninth Circuit ruled Friday when affirming a district court decision.

  • August 29, 2014

    Ford, Affinity Pare Judge-Skewered Objections In Patent Row

    Ford Motor Co. and Affinity Labs Inc. issued a joint filing on Friday showing which evidence each doesn’t want the other to present in their dispute over sound-system patents, reconciling somewhat after a Texas federal judge demolished the “smorgasbord of objections” sent to the court.

  • August 29, 2014

    John Wayne Estate Wants Fulbright DQ'd From Duke TM Suit

    John Wayne Enterprises LLC fired away at Fulbright & Jaworski LLP for not halting its representation of Duke University in a California federal court suit over trademarks related to alcoholic drinks bearing the late actor’s “Duke” nickname, saying the firm has gained access to the plaintiffs' confidential material and litigation strategy.

  • August 29, 2014

    Sandoz's Remodulin Generic Infringes UTC Patent, Judge Says

    A New Jersey federal judge on Friday found that Sandoz Inc.’s proposed generic version of the hypertension drug Remodulin infringes one of two United Therapeutics Corp. patents, rejecting Sandoz's contention that contested claims of both patents are invalid.

  • August 29, 2014

    Archer & Greiner Wants $1M From Mouthguard Co. For IP Case

    New Jersey firm Archer & Greiner PC has filed suit in Pennsylvania federal court against mouthguard manufacturer Brain-Pad Inc., saying Brain-Pad still owes $1.15 million in legal fees incurred in Archer's successful defense against claims that the company's product infringed on an earlier patent.

  • August 29, 2014

    9th Circ. Boots Oracle's Bid For $1.3B In SAP Software Suit

    The Ninth Circuit on Friday ruled that Oracle Corp. can accept $356 million from SAP AG for infringing Oracle's software copyrights or head to a new trial on damages but can't reinstate the $1.3 billion awarded by the jury in the case.

  • August 29, 2014

    Takeda Challenges Claim Construction Rule At High Court

    Takeda Pharmaceutical Co. Ltd. has asked the U.S. Supreme Court to nix the Federal Circuit’s reversal of an infringement finding against Zydus Pharmaceuticals USA Inc. over its planned generic of the acid reflux drug Prevacid SoluTab, arguing the appeals court shouldn’t be allowed to freshly review claim constructions.

  • August 29, 2014

    Wells Fargo Loses Bid To Bar Insurer From 'ABD' Name

    A California federal judge on Thursday rejected Wells Fargo & Co.’s bid to bar ABD Insurance & Financial Services Inc. from using the name "ABD," saying that while Wells Fargo owns a valid trademark, it hasn’t shown that it is likely to suffer irreparable harm without an injunction.

  • August 29, 2014

    Pet Jersey Co. Tells High Court To Nix Design Patent Row

    Pet jersey manufacturers Hunter MFG LLP and CDI International Inc. urged the U.S. Supreme Court to reject an appeal lodged by rival designer MRC Innovations Inc. seeking to revive its infringement suit, saying no conflict with precedent exists.

  • August 29, 2014

    Brand Battles: Exxon Mobil, Frito-Lay, McDonald's

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Exxon Mobil keeps on enforcing its interlocking XX design, Frito-Lay is displeased with a marketing firm called "Crackerjack," and McDonald's files appeals after losing a bid to register its restaurant facades.

  • August 29, 2014

    Fed. Circ. Partly Invalidates Arlington's Connector Patent

    The Federal Circuit on Friday found that several claims in Arlington Industries Inc.’s electrical connector patent were obvious, marking a favorable ruling for its rival Bridgeport Fittings Inc. in the competitors’ ongoing intellectual property battle.

  • August 29, 2014

    Ericsson, IBM Hit Intellectual Ventures In AIA Petitions

    Ericsson Inc. and IBM Corp. urged the Patent Trial and Appeal Board Thursday to scrutinize more patents owned by major patent licensing firm Intellectual Ventures Management LLC, filing separate America Invents Act review petitions challenging patents on 4G LTE and web security technology.

  • August 29, 2014

    Apple To Bring Denial Of Samsung Injunction To Fed. Circ.

    Apple Inc. said Friday that it would appeal to the Federal Circuit a California federal judge's refusal to permanently ban Samsung Electronics Co. Ltd. from selling several mobile phones and tablets that a jury recently found infringed Apple’s patents.

  • August 29, 2014

    Stan Lee Media Asks 10th Circ. To Toss Disney Fee Award

    Stan Lee Media Inc. told a Colorado federal court Thursday that it plans to appeal a $240,000 attorneys' fee award handed to Walt Disney Co. in case over the rights to several Marvel superhero characters, adding another twist to the companies’ ongoing legal saga.

  • August 28, 2014

    Kilpatrick Townsend Partner Nominated As Next 'IP Czar'

    President Barack Obama has nominated Danny Marti, managing partner of Kilpatrick Townsend & Stockton LLP's Washington, D.C., office, to become the second U.S. Intellectual Property Enforcement Coordinator after the "IP czar" post remained empty for more than a year, the firm said Thursday.

  • August 28, 2014

    WildTangent Says Alice Ruling Dooms Ultramercial Ad Patent

    The U.S. Supreme Court's Alice Corp. ruling barring patents on computer-implemented abstract ideas means that Ultramercial Inc.'s patent on online advertising technology is invalid, accused infringer WildTangent Inc. told the Federal Circuit on Wednesday.

  • August 28, 2014

    Fed. Circ. Says Disobeyed Order Not Enough To Kill IP Suit

    The Federal Circuit on Thursday vacated the dismissal of an infringement suit accusing Fry’s Electronics and a video game device manufacturer of flouting a patent over a gun-shaped video game controller, saying a Texas federal judge wrongly tossed the suit because the patent holder failed to comply with a court order. 

  • August 28, 2014

    Apotex Says Generic Paxil Suit Should Be Tossed

    Apotex Inc. asked a New Jersey federal court to throw out a contract suit against it by rival Mylan Inc., claiming the company can’t show Apotex acted with malice in continuing to sell generic versions of the antidepressant Paxil that it obtained from GlaxoSmithKline PLC.

  • August 28, 2014

    Clif Trade Dress Ruling 'Call To Infringers,' 2nd Circ. Told

    Snack bar maker Kind LLC told the Second Circuit Thursday that a New York federal judge wrongly denied it a preliminary injunction blocking rival Clif Bar & Co. from using new, allegedly trade dress-infringing packaging, saying the overall look of its product was not properly considered.

  • August 28, 2014

    E-Cig Maker Can't Block Rival's Alleged Rip-Off, Judge Says

    A California federal judge on Thursday rejected e-cigarette maker Spark Industries LLC's bid for a preliminary injunction barring competitor Kretek International Inc. from using packaging that allegedly copies Spark's trade dress, saying that the generic Sparks' packaging is easily distinguishable from Kretek's packaging.

Expert Analysis

  • Inside The 3 Busiest Patent Litigation Forums

    Daniel Winston

    Knowing how the Eastern District of Texas, the Northern District of California, and the District of Delaware vary in case scheduling and stay practices will help practitioners determine if filing a petition for inter partes review or covered business method review is the right strategy, say Daniel Winston and Robert Shames of Choate Hall & Stewart LLP.

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • Ebola, ZMapp, And The §101 Guidance

    Gregory S. DeLassus

    As the world cheers what appears to be the early success of ZMapp, the experimental anti-Ebola virus antibodies developed by San Diego-based biotech startup MappBio, one consideration that has not gotten much press-ink is the relevance of U.S. patent law to this startling and inspiring technology, says Greg DeLassus of Harness Dickey & Pierce PLC.

  • India Enters The 'Pay-For-Delay' Fray

    Seth Silber

    India’s newly proactive competition authority has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anti-competitive effects, and its analysis of such agreements is likely to parallel the enforcement policies in the United States, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • The Fee-Shifting Climate After Octane And Highmark

    Russell Cass

    Two U.S. Supreme Court cases — Octane Fitness v. Icon Health & Fitness and Highmark v. Allcare Health Management Systems — have loosened the requirements for fee-shifting awards in patent cases, but as certain decisions show, an award of attorneys’ fees is far from automatic, say Russell Cass and Kimberly Farbota of Sidley Austin LLP.

  • Trademark Law Leaves Legal Marijuana Sellers High And Dry

    Molly M. Crandall

    In what other industry can one establish a legal business, but not obtain federal trademark protection for its goods and services? The closest analogy is to legal brothel services in Nevada — yet, Nevada brothels have obtained federal registrations for their trademarks, say Molly Crandall and Laura Ernst of Brooks Kushman PC.

  • Post-AbbVie: Written Description And Functional Claiming

    Elizabeth Weiswasser

    The Federal Circuit’s opinion in AbbVie Deutschland GmbH & Co. v. Janssen Biotech Inc. is an important refinement of decades of jurisprudence as it continues to grapple with the validity of claims to classes of biologic and chemical compounds defined by their function rather than structure, say Elizabeth Weiswasser and Megan Wantland of Weil Gotshal & Manges LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Redskins Appeal Trademark Case — With A Twist

    Arsi Hagos

    Although the Washington Redskins’ most recent appeal was expected, the circumstances surrounding this appeal are significantly different from their appeal over a decade ago, says Arsi Hagos, a special assistant U.S. attorney in the District of Columbia.