Intellectual Property RSS

  • April 24, 2014

    Jury Awards ViaSat $283M In Satellite Patent Row

    A California federal jury on Thursday awarded ViaSat Inc. $283 million in damages after finding that Space Systems/Loral LLC infringed three of ViaSat's patents relating to satellite networking communications technology and breached the parties' contract.

  • April 24, 2014

    Judge Trims Emblaze's Streaming Patent Suit Against Apple

    A California federal judge on Thursday trimmed Israeli software firm Emblaze Ltd.'s suit against Apple Inc. accusing the technology giant of infringing a video and audio-streaming patent, declining to invalidate the patent but ruling that Apple had not willfully infringed Emblaze’s technology.

  • April 24, 2014

    Eclipse's Patent Suit Needn't Cite An Infringing Product

    PayByPhone Technologies Inc. lost its bid to dismiss nonpracticing entity Eclipse IP LLC's suit alleging PayByPhone's mobile parking payment products violate three Eclipse patents, when a California federal judge ruled Thursday that Eclipse's complaint needn't identify a specific infringing product.

  • April 24, 2014

    Baker Botts Owes $50M For Patent Flub, Jury Told

    A former Baker Botts LLP client who claims the firm shared confidential information about its patent applications with its chief competitor asked a Texas state court jury on Thursday for $50 million plus punitive damages for the firm’s alleged coverup of the conflict of interest.

  • April 24, 2014

    EU Experts Hopeful About New Unitary Patent System

    A host of European Union officials and experts expressed cautious optimism at a conference Thursday that the EU's new unitary patent system will improve patent litigation in the bloc.

  • April 24, 2014

    Texas Builder Sues Ex-VPs For Swiping Clients, Workers, IP

    A Houston construction company sued two of its former vice presidents, one of whom used to be an Andrews Myers PC attorney, in Texas court Thursday, alleging they teamed up to start a competing business using proprietary trade secrets, poached employees and stole customers.

  • April 24, 2014

    Ex-USPTO Head Urges Resistance To Patent Troll Bills

    The former director of the U.S. Patent and Trademark Office called on current U.S. patent officials Thursday to resist the push for legislation aimed at cracking down on so-called patent trolls, which he said would undermine patent rights.

  • April 24, 2014

    EA, Zynga Say Gametek Patent No More Than Abstract Idea

    Electronic Arts Inc., Zynga Inc. and two other video game companies urged a California federal judge on Thursday to end Gametek LLC's lawsuits accusing them of infringing its patent on in-game purchases, arguing that the patent covers an abstract idea that's been part of gaming for hundreds of years.

  • April 24, 2014

    Fed. Circ. Judge Says Congress Must Resolve Split Rulings

    The Federal Circuit's sharply split decisions on contentious issues such as when software is eligible for a patent suggest that those issues raise policy concerns that Congress is in a better position than judges to resolve, the court's longest-tenured judge said at a policy conference on Thursday.

  • April 24, 2014

    Merchant & Gould Snags Corporate Patent Ace In Atlanta

    Merchant & Gould PC has deepened its intellectual property bench with the addition of a patent prosecution specialist who has a decade of corporate counsel experience and is looking to make inroads in the technology, aerospace and defense industries, the firm announced Monday.

  • April 24, 2014

    Figure Skater Baiul's Likeness Suit Falls Through The Ice

    A New York federal judge on Thursday tossed figure skater Oksana Baiul's claims that NBCUniversal Media LLC and others used her name and likeness in an advertising campaign without her consent, finding the defendants hadn't engaged in any unauthorized uses of Baiul's image for commercial purposes.

  • April 24, 2014

    SunTrust, GE Slapped With Online Banking Patent Suits

    General Electric Capital Corp. and SunTrust Banks Inc. were hit with two separate lawsuits in Delaware federal court Wednesday that accuse their online banking systems of infringing Joao Bock Transaction Systems LLC's patent on secure transaction technology.

  • April 24, 2014

    Fed. Circ. Stays Out Of USPTO Decisions To Open AIA Reviews

    The Federal Circuit said Thursday it doesn't have jurisdiction to hear appeals of U.S. Patent and Trademark Office decisions on instituting inter partes reviews, which were created by the America Invents Act, shooting down such appeals by St. Jude Medical Inc., Procter & Gamble Co. and a car-dealership software maker.

  • April 24, 2014

    Actavis Reaches Deal With Pfizer To Sell Generic Celebrex

    Actavis PLC said Thursday it has reached an agreement with Pfizer Inc. to end all outstanding patent litigation over the arthritis drug Celebrex, paving the way for the Ireland-based pharmaceutical giant to begin marketing its generic version of the drug in December.

  • April 24, 2014

    Microsoft, Google Sued Over Search, Intrusion Patents

    Microsoft Corp., Google Inc. and others were hit with infringement suits in Delaware federal court on Wednesday that allege the companies have violated patents for search engines and intrusion detection methods.

  • April 24, 2014

    Fla. Aerospace Co. Says Employee Stole Data, F-16 Parts

    A Miami aerospace company sued one of its engineers in Florida state court on Monday, alleging he stole computers, fighter plane parts and intellectual property belonging to the company, third-party defense contractors and the U.S. military.

  • April 24, 2014

    Ex-Patent Holder Can't Appeal USPTO Ruling, Fed. Circ. Says

    A Federal Circuit panel on Thursday quashed a challenge by a former patent holder to the U.S. Patent and Trademark Office’s rejection of a bloodless catheter patent, ruling he did not have standing to sue because he no longer owned the patent.

  • April 24, 2014

    Rising Star: Kirkland & Ellis' F. Christopher Mizzo

    Kirkland & Ellis LLP attorney F. Christopher Mizzo has represented heavyweights including GlaxoSmithKline PLC and Apple Inc. in complex patent disputes before district court and the U.S. International Trade Commission, earning him a spot among on Law360’s list of top intellectual property attorneys under 40.

  • April 24, 2014

    Aeropostale Says Rival H&M Stole 'Live Love Dream' TM

    Retail chain Aeropostale Inc. hit rival H&M Hennes & Mauritz AB with a trademark infringement lawsuit in New York federal court Thursday, accusing the company of selling items emblazoned with “Live Love Dream” and other Aeropostale trademarks.

  • April 23, 2014

    Nissan Hit With Infringement Suit Over Control Panel Patents

    A New York-based patent holder targeted Nissan North America Inc. in an infringement suit in Delaware federal court on Wednesday, alleging that the manufacturer’s cars come equipped with phone and radio services that may be remotely controlled, in violation of three control panel patents.

Expert Analysis

  • USPTO Guidance Brings US In Line With Global Policy

    Jason Rutt

    The new U.S. Patent and Trademark Office guidance talks about natural products not being patent-eligible unless they are "markedly different" from that which occurs in nature. The guidance attempts to sidestep some of the perceived illogicalities in the U.S. Supreme Court's Myriad decision and uses a format that aligns it more closely with world patenting, says Jason Rutt of Rouse.

  • Legal Evolution: Back To Business

    Michael S. Lipps

    More often, smaller rivals are taking market share from the largest law firms. In this context, these smaller rivals are not small — they are super-regional firms with between 201 and 750 attorneys, large enough to serve the needs of a global corporation at a better value. And as they grow, they need to be sure they don’t make the same mistakes as the firms from which they’ve taken market share, says Michael Lipps of LexisNexis.

  • How To Get Out Of Dodge: Patent Venue Transfer Strategies

    Rob Isackson

    Although venue motions should typically be filed quite early on in the proceedings, there is an inherent tension between the need to move promptly and the need to develop a factual record sufficient to satisfy the applicable burden in court. Recent Federal Circuit jurisprudence highlights some of the important tactical considerations that parties should account for in shaping a potential transfer strategy, say Rob Isackson and Robert Uriarte of Orrick Herrington & Sutcliffe LLP.

  • ITC On Digital Imports: Takeaways For Software, Media Cos.

    Aarti Shah

    The U.S. International Trade Commission's much-awaited decision in Certain Digital Models confirms that the ITC can provide a powerful remedy for software, publishing and media companies whose intellectual property rights have been violated. However, those wishing to take advantage of this decision should craft their discovery requests carefully, and consider the timing of when they file complaints, says Aarti Shah, a partner with Mintz Levin Cohn Ferris Glovsky and Popeo PC and former senior investigative attorney at the ITC.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Courts Split On Applying Therasense To Summary Judgment

    Scott Breedlove

    District courts remain split on how to apply Therasense’s intent standard to motions for summary judgment of no inequitable conduct. Parties pleading inequitable conduct should bear in mind that they cannot simply focus on developing evidence that demonstrates the strength of the inference of deceptive intent — they must demonstrate why the patentee’s alternative inferences of no deceptive intent are, in fact, not reasonable, say Scott Breedlove and Andrew Allen of Vinson & Elkins LLP.

  • An Accused Infringer’s Guide To Parallel Proceedings

    Jeffrey Totten

    By managing the timing of post-grant proceedings, an accused infringer may increase its chances of negating a damages award in parallel district court litigation. Taking measures to actively create circumstances like those in Fresenius v. Baxter is a way to insure against a potentially large patent infringement judgment, say Jeffrey Totten and Elizabeth Laughton of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Nash Bargaining May Not Be Right For Patent Damages

    Thomas Varner

    A recent Law360 Expert Analysis article described use of the Nash bargaining solution as “a step in the right direction” in “establishing economic and scientific rigor” as required by courts in patent damages analysis. But using the NBS raises a number of concerns, such as reliance on the NBS’ idealized framework, the need for subjective adjustments to the NBS profit split based on the Georgia-Pacific factors, and the lack of empirical royalty rate data to verify the reliability of the NBS, says Thomas Varner of Economists Incorporated.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.