Intellectual Property

  • August 1, 2015

    Trade Ministers Fail To Break TPP Deadlock

    A feverish effort to wrap up the landmark Trans-Pacific Partnership came up short Friday as top negotiators failed to bridge the gaps on the accord’s most controversial provisions, including pharmaceutical patents and rules governing dairy trade.

  • July 31, 2015

    11th Circ. Upholds Yellow Pages Photo Infringement Verdict

    The Eleventh Circuit Thursday affirmed a Florida federal court's $123,000 judgment against Yellow Pages Group LLC following a jury verdict, saying there were sufficient facts at trial to support a finding that YPG willfully infringed copyrighted photos belonging to Yellow Pages Photos Inc.

  • July 31, 2015

    USPTO Patent Guidance Has Attys Fearing Wave Of Rejections

    New guidance issued by the U.S. Patent and Trademark Office on Thursday about patent eligibility in light of recent U.S. Supreme Court decisions appears to mean that many potential inventions are unpatentable abstract ideas, leaving attorneys concerned that it will become increasingly difficult to get patents.

  • July 31, 2015

    9th Circ. Won't Revive Antitrust Suit Against ICANN

    The Ninth Circuit on Friday refused to revive an antitrust and trademark infringement suit accusing the Internet Corporation for Assigned Names and Numbers of holding a monopoly on the domain-name market, saying there was no sign ICANN willfully acquired control of that market.

  • July 31, 2015

    Intellectual Property Pulse: Apple, The Doobie Brothers

    More than 180 intellectual property complaints were filed in federal courts across the U.S. during the past week. Here, Law360 takes a look at the biggest patent, trademark and copyright suits of the week and the firms that filed them — which included Capshaw DeRieux LLP, Owen Wickersham & Erickson PC and Freedman and Taitelman LLP.

  • July 31, 2015

    Covidien Urges Supreme Court To Hear 'Secret' Prior Art Row

    Medical supplier Covidien PLC has asked the U.S. Supreme Court to intervene in a $176 million patent dispute with a unit of Johnson & Johnson, arguing an appeals court improperly considered a “secret” prototype when deciding its surgical device patents were obvious.

  • July 31, 2015

    Westfield Beats Trade Secret Misappropriation Claims

    Insurance broker Westfield Insurance Co. has prevailed in a suit alleging it unlawfully shared former agent Wellington F. Roemer Insurance Co.'s proprietary information and trade secrets with one of Roemer's competitors, with an Ohio state judge ruling that there is no evidence to show Westfield disclosed or used the information.

  • July 31, 2015

    9th Circ. Revives Ray Charles Foundation Copyright Suit

    The Ninth Circuit on Friday reversed a lower court’s dismissal of a suit brought by the Ray Charles Foundation challenging the late singer’s heirs’ attempt to reclaim copyrights for dozens of songs, ruling that the foundation had standing since it receives royalties from the copyrights held by Warner/Chappell Music.

  • July 31, 2015

    Brand Battles: Seattle Seahawks, Chevron, Comic-Con

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Seattle Seahawks aim to sack a "12"-related mark, Chevron keeps fighting its decadelong battle to register gas station trade dress, and the high-profile dispute between rival "Comic Con" shows spills over into TTAB.

  • July 31, 2015

    Ex-Commodores Guitarist Wins Docs But Not Sanctions

    A Florida federal court on Friday ordered the Grammy Award-winning band the Commodores to produce documents in its suit accusing former lead guitarist and co-founder Thomas McClary of improperly using the band's name in marketing and performances, but refused to sanction the band over a discovery delay.

  • July 31, 2015

    Fed. Circ. Won't Revive ParkerVision's $173M Qualcomm Win

    The Federal Circuit on Friday struck a major blow to ParkerVision Inc.'s efforts to revive its nearly $173 million jury verdict against Qualcomm Inc., finding that a district court wasn't confused when it said a ParkerVision expert didn't adequately show Qualcomm infringed smartphone circuit technology patents. 

  • July 31, 2015

    $1B Uber Trade Secrets Row Remanded To State Court

    A California federal judge on Wednesday sent a $1 billion suit accusing Uber Technologies Inc. of stealing technology to create the popular service back to California state court after dismissing a conversion claim, saying that it was preempted by the Copyright Act.

  • July 31, 2015

    Michael Jordan Needn't Rehash Claims In Ad Row: Judge

    An Illinois federal judge advised Michael Jordan on Friday to stop bringing up the same arguments in his likeness suit against Jewel Food Stores Inc. over a magazine ad, refusing to let the basketball star respond to the grocery chain’s request for sanctions.

  • July 31, 2015

    Fed. Circ. Says Judge Got X-Ray Patent Wrong, Revives Suit

    The Federal Circuit on Friday reversed a lower court’s decision that Blue Ridge X-ray Co. Inc. did not infringe a patent for a high-voltage transformer belonging to X-ray maker Sociedad Espanola de Electromedicina y Calidad SA, after finding that the judge's decisions were based on an incorrect claim construction.

  • July 31, 2015

    Orlando Solar Bears Say TM Plaintiff Unresponsive

    Owners of the Orlando Solar Bears minor league hockey team told a Florida federal court on Friday that the alleged trademark holder for the team’s “Solar Bears” logo has refused to respond to requests for information and documents in his infringement suit and should be sanctioned.

  • July 31, 2015

    Fed. Circ. Revives Newegg's Fee Bid In E-Commerce IP Row

    The Federal Circuit on Friday revived Newegg Inc.'s bid to obtain attorneys' fees from patent licensing company Pragmatus Telecom LLC, which had accused Newegg of infringing its patent for an online chat service, ruling the online retailer was a prevailing party in the underlying suit.

  • July 31, 2015

    Google Can't Escape Architect's $120M Trade Secret Suit

    Google Inc. must face the bulk of an architect's claims that the tech titan stole his trade secrets valued at $120 million for a process to design and build more cost-effective, environmentally sustainable buildings after a California judge Friday rejected Google's arguments that the architect wasn't party to their agreements.

  • July 31, 2015

    Ex-Haynes And Boone Atty Shakes Off $20M Malpractice Row

    A California federal judge on Friday dismissed an inventor’s $20 million malpractice suit against a former Haynes and Boone LLP partner for allegedly botching a semiconductor patent licensing agreement, after the inventor agreed to voluntarily dismiss his claims.

  • July 31, 2015

    RaceTech Says Horse Race Betting Patents Survive Alice

    Gambling machine maker RaceTech LLC told a Kentucky federal judge on Thursday that horse racing venue Kentucky Downs LLC and a rival gambling technology company can’t invalidate its historical racing patents, arguing that a patent examiner already approved the claims under the U.S. Supreme Court’s Alice decision. 

  • July 31, 2015

    NCAA Granted Stay To Delay Student-Athlete Pay By 9th Circ.

    The Ninth Circuit agreed Friday to pause an injunction requiring the National Collegiate Athletic Association to lift its ban on universities compensating male football and basketball players until the court rules on the merits of the antitrust challenge to the policy.

Expert Analysis

  • EU High Court Sets Important SEP Precedent

    Axel Gutermuth

    The EU high court's recent ruling in Huawei Technologies Co. Ltd. v. ZTE Corp. provided a significant amount of guidance on standard-essential patents, injunctions and abuse of dominance but addresses only some of the legal questions that SEP holders and alleged infringers face in these situations, and even the questions addressed are in part expressed in very broad terms inviting different interpretations, say Axel Gutermuth and C... (continued)

  • A Review Of PTAB Cases Involving Secondary Considerations

    Kevin Moran

    Patent owners have so far experienced little success arguing secondary considerations in inter partes review and covered business method review proceedings, almost invariably failing to meet the Patent Trial and Appeal Board’s exacting standards for establishing a nexus between the alleged secondary considerations and the claims at issue, say attorneys with Michael Best & Friedrich LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Gilbert Hyatt's Epic Tax Battle Is Far From Over

    Annie H. Huang

    Inventor Gilbert Hyatt has been embattled with the California Franchise Tax Board over residency status and the conduct of FTB auditors for over 20 years. While Hyatt will make a second trip to the U.S. Supreme Court, the court's review will be limited to governmental immunity issues, and it would not be surprising if Hyatt and California continue their battle for another decade or two, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Tips For Succeeding At Oral Argument In Inter Partes Review

    Gregory Porter

    Oral hearings before the Patent Trial and Appeal Board in inter partes review proceedings are a relatively new phenomenon confronting patent attorneys, but a number of best practices have already emerged, say attorneys with Andrews Kurth LLP.

  • A DMCA Win For Online Service Providers In Colo.

    Pierre Grosdidier

    A Colorado federal court's recent decision in BWP Media USA Inc. v. Clarity Digital Group LLC means that online service providers can benefit from the Digital Millennium Copyright Act safe harbor even when their own employees upload infringing copyrighted material on the OSPs' websites, says Pierre Grosdidier of Haynes and Boone LLP.

  • How To Get To Federal Circuit Rule 36

    Rachel Hughey

    Under Federal Circuit Rule 36, the court may issue a judgment affirming the lower tribunal’s decision without a written opinion. In this article, Rachel Hughey, co-leader of Merchant & Gould PC's appellate practice, offers tactics for appellees seeking to place themselves in the best positions to obtain Rule 36 affirmances.

  • The Latest Inappropriate Reasonable Royalty Rule Of Thumb

    William C. Rooklidge

    A California federal court's recent order in Good Technology Corporation v. MobileIron Inc. characterized the defects in the expert’s methodology as factual in nature. It is clear, however, that a methodology that gives the patentee 100 percent of the suppositious licensee’s expected profits as damages is impermissible as a matter of law, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • An Update On Athlete Publicity Rights In Sports Broadcasts

    Robert Freeman

    As cases involving an athlete's right of publicity in performance recordings — like the recent suits targeting ESPN — unfold, it will be interesting to see what effect, if any, signed releases of the athlete’s right of publicity have on the courts’ decisions and their copyright preemption analyses, say Robert Freeman and Erica Esposito of Proskauer Rose LLP.

  • Assessing Vicarious Liability Exposure After Akamai

    Stephen Hash

    While it is undoubtedly true that Akamai, as well as its predecessors, have made it difficult for patentees to prove infringement in multiple-actor scenarios, and correspondingly easy for defendants to avoid infringement, the Federal Circuit has seemingly left a window of opportunity for patentees, say Stephen Hash and Christopher Granaghan of Vinson & Elkins LLP.