Intellectual Property

  • August 21, 2014

    Random House Blasts Sanctions Bid in Facebook Author Suit

    Random House Inc. and the writers of a book about the founding of Facebook Inc. fired back at a call for sanctions by a former classmate of Mark Zuckerberg, contending that his sanctions bid in a false advertising and defamation suit against the publisher is “frivolous,” according to a filing in the First Circuit on Wednesday.

  • August 21, 2014

    7th Circ. Revives Architect's Suit Over Worker's Design Claims

    The Seventh Circuit on Thursday revived an architectural company's suit accusing a former employee of falsely claiming credit on his website for designing five buildings, ruling the plaintiff could invoke the Lanham Act even though the plaintiff's claim concerned services, not goods.

  • August 21, 2014

    Samsung Strikes Out In Bid To Nix Apple Patents Under Alice

    A federal judge on Thursday denied a motion by Samsung Electronics Co. Ltd. arguing that under the U.S. Supreme Court's Alice Corp. decision, two Apple Inc. smartphone patents are invalid for claiming abstract ideas, ruling that Samsung waited too long to raise the issue.

  • August 21, 2014

    Crocs Nabs Reviews Of Two Molded Shoe Patents

    A U.S. Patent and Trademark Office board on Wednesday granted requests by Crocs Inc. to institute inter partes reviews of two molded shoe patents owned by children's footwear company Polliwalks Inc., finding there was a reasonable likelihood Crocs would prevail on the challenged claims.

  • August 21, 2014

    Pa. High Court Snubs Cryogenic Co.'s Trade Secret Appeal

    The Supreme Court of Pennsylvania on Thursday refused to hear an appeal challenging a lower court's decision that schematic drawings, customer databases and other material related to devices for low temperature scientific research are entitled to trade secret protection.

  • August 21, 2014

    DC Court Dumps Greenpeace Spy Suit Against Dow, Sasol

    A D.C. appeals court on Thursday upheld a lower court’s dismissal of a suit brought by Greenpeace Inc. alleging The Dow Chemical Co. and Sasol North America Inc. stole confidential records about its environmental campaigns, saying the group couldn’t show the companies invaded its privacy.

  • August 21, 2014

    USF&G Defeats Coverage For $35M Fendi Trademark Win

    A New York federal judge on Wednesday freed U.S. Fidelity & Guaranty Co. from covering a $35 million award to luxury goods maker Fendi Adele SRL in trademark infringement litigation against a seller of counterfeit handbags, ruling the damages did not stem from advertising injuries.

  • August 21, 2014

    TD Bank Can't Access Commerce CEO's Emails In IP Fight

    A New Jersey federal judge on Thursday said TD Bank NA can't access most emails between Commerce Bancorp LLC's founder and parties associated with his book, which allegedly infringes TD Bank's copyright, but granted access to the emails not protected under attorney-client privilege.

  • August 21, 2014

    Valero Again Fends Off Tax Assessor's Bid For Refinery Data

    Valero Energy Corp. won another battle against property tax assessors Thursday when a Texas appeals court ruled the company does not have to disclose sensitive financial data and trade secrets relating to one of its refineries because the information is not needed to determine the asset's value.

  • August 21, 2014

    Kohl's, Target Settle Wolf Run's Messaging Patent Suit

    Kohl's Department Stores Inc. and Target Corp. have agreed to settle with undisclosed terms lawsuits brought by Wolf Run Hollow LLC, which claimed they violated a messaging patent that has been wielded against numerous banks and businesses over the years, according to documents filed Thursday in Texas federal court.

  • August 21, 2014

    DuPont Slaps SunEdison With Solar Paste Patent Suit

    DuPont Co. slapped solar technology company SunEdison Inc. and its subsidiary NVT LLC with an infringement suit in Delaware federal court on Monday, alleging they are infringing on its thick-film paste patent by importing and selling certain solar modules.

  • August 21, 2014

    Tech Giants Back Fed. Circ. Limits On ITC Patent Authority

    Google Inc., Microsoft Corp. and a host of other technology companies have urged the full Federal Circuit to uphold a panel decision that barred the U.S. International Trade Commission from hearing induced patent infringement cases when a product only infringes after importation.

  • August 21, 2014

    Judge Slams Yelp's $2M Damages Claim In Fake Review Suit

    A California federal judge on Thursday criticized Yelp Inc.'s request for $2 million in damages in its suit accusing a Florida businessman of infringing the site's trademark and violating his user agreement by selling fake reviews, saying it looks like Yelp is seeking a windfall to which it isn't entitled.

  • August 21, 2014

    Cargill Says Ex-Worker Jumped Ship With Trade Secrets

    Cargill Inc. slapped a former employee with a trade secrets suit in Colorado federal court Thursday, claiming he pocketed highly confidential and proprietary information on his way out the door that he'll inevitably disclose in his new position with Cargill competitor JBS USA.

  • August 21, 2014

    PersonalWeb Sanctions Trimmed In IP Battle With Google

    A California magistrate judge has awarded $124,000 in sanctions to Google Inc. after it sufficiently showed that plaintiff PersonalWeb Technologies LLC deleted emails relevant to its suit accusing Google and YouTube LLC of infringing patents for data processing systems.

  • August 21, 2014

    Rockstar Blocked From Immediate Appeal In Google IP Suit

    A California federal judge on Wednesday shot down Rockstar Consortium US LP’s bid to immediately appeal its failed dismissal attempt of Google Inc.’s patent suit, finding the review wasn’t merited because Google had shown the court had jurisdiction under Federal Circuit precedent.

  • August 21, 2014

    NCAA Appeals Ruling Over Athlete Pay Ban

    The National Collegiate Athletic Association on Wednesday asked the Ninth Circuit to review a California federal judge’s decision that it violated antitrust laws by forbidding college athletes' compensation for the use of their names, images and likenesses.

  • August 21, 2014

    NJ Travel Co. Accuses Rival Of Poaching Trade Secrets

    A New Jersey hospitality company sued one of its rivals in federal court on Wednesday, claiming the competitor sent an employee to pose as a customer to glean detailed information about its trade secrets and proprietary business information.

  • August 21, 2014

    Fed. Circ. OKs AbbVie's Double-Patenting Win In Humira Case

    The Federal Circuit on Thursday affirmed a lower court ruling invalidating a Mathilda and Terence Kennedy Institute of Rheumatology Trust arthritis treatment patent for double-patenting, freeing AbbVie Inc. from having to license the patent for its blockbuster anti-inflammatory drug Humira.

  • August 21, 2014

    Hartford, Cosmetics Co. End Coverage Suit Over Dior Claims

    A Florida federal judge dismissed a suit Thursday involving Hartford Casualty Insurance Co. and a cosmetics manufacturer over coverage of defense costs stemming from the company's trademark and unfair competition litigation with Parfums Christian Dior SA, after the company and insurer settled.

Expert Analysis

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Plain Prosecution Bar May Not Cover Inter Partes Reviews

    Bruce Wexler

    In Endo Pharmaceuticals Inc. v. Amneal Pharms Inc., a New York federal court recently rejected an attempt by generic defendants to prevent litigation counsel for the innovator company from participating in related inter partes review proceedings, absent explicit language in a protective order. This issue will continue to arise unless care is exercised in negotiating protective orders, say Bruce Wexler and Jason Christiansen of Paul Hastings LLP.

  • IP In A Financial Center: Ireland Vs. Cayman Islands

    Ramesh Maharaj

    The portable nature of intellectual property allows it to be readily structured in jurisdictions such as the Cayman Islands or Ireland to maximize returns. Whether a particular jurisdiction is well suited for the IP requires analysis of where the IP is to be sold or licensed in the future and how any returns from such activities are to be treated, say Ramesh Maharaj and Petrina Smyth of Walkers Global.

  • Disc Drive Ruling May Make ITC Less Attractive To NPEs

    Sten Jensen

    If affirmed by the U.S. International Trade Commission, the administrative law judge's ruling in Optical Disc Drives would continue the trend of recent decisions heightening the domestic industry requirement for nonpracticing entities, say Sten Jensen and Jordan Coyle of Orrick Herrington & Sutcliffe LLP.

  • 7 Reasons Delaware Is A Hot Spot For IP Litigation

    Eric Hutz

    The fact that the District of Delaware has consistently been one of the top jurisdictions for patent cases shows that the patent bar and patent holders have confidence in the court’s ability to handle complex patent litigation in a quick and efficient manner. But the statistics alone do not fully explain Delaware’s continued popularity, says Eric Hutz of Novak Druce Connolly Bove & Quigg LLP.

  • AIA Hasn't Really Changed Pretrial Landscape

    Peter Chassman

    How has the America Invents Act changed the behaviors of nonpracticing entities and the plight of the defendants that they sue? The biggest effect likely will be on those cases that actually go to trial. But since most of these cases settle before trial, the big-picture answer is “not much,” says Peter Chassman of Winston & Strawn LLP.

  • Greater Opportunity To Prove Priority Of Invention

    Damian R. LaPlaca

    The Federal Circuit ruling in Troy v. Samson will incentivize parties who lose interference proceedings before the Patent Trial and Appeal Board to collect additional evidence and develop different theories to convince a district court that they are entitled to priority of invention, say Damian LaPlaca and Robert Callahan of Nelson Kinder and Mosseau PC.

  • Beyond The Redskins: Other Names, Logos Are At Risk

    Richard LaBarge

    With the football season about to kick off, debates renew about the U.S. Patent and Trademark Office's June decision to cancel trademark registrations of the Washington Redskins on the grounds that the name is disparaging to Native Americans. Seven teams are potential targets for trademark cancellation on the same grounds, says Richard LaBarge of Marshall Gerstein & Borun LLP.

  • On The Way To ​A Better Patent System

    Robert Stoll

    We now have a few ways to kill a bad patent, quickly and relatively cheaply. But now is not the time to consider expanding the newly minted post-grant procedures — we need to see whether these new systems are working as intended, and whether there are unforeseen consequences, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner of patents.

  • VIDEO: No Holding That Software Cannot Be Patented

    "The Alice decision does not mean that software is not eligible for patent protection. In fact the court never even mentioned software in its decision," says Fenwick & West LLP partner Robert Sachs, discussing implications the U.S. Supreme Court ruling in Alice Corp. v. CLS Bank.