Intellectual Property RSS

  • April 18, 2014

    Barnes & Thornburg Nabs Akin Gump Appellate Pro

    Barnes & Thornburg LLP announced Thursday that it had picked up an appellate and trial lawyer from Akin Gump Strauss Hauer & Feld LLP who handles intellectual property, bankruptcy, insurance, white collar and labor matters to enhance its litigation department in Los Angeles.

  • April 18, 2014

    2nd Circ. Won't Rehear $1B Antitrust Suit Against Microsoft

    The Second Circuit on Thursday refused to reconsider its decision affirming the dismissal of MiniFrame Ltd.'s $1 billion antitrust suit against Microsoft Corp. on the grounds that the Israeli PC-sharing software company failed to show that Microsoft’s Windows licensing rules constituted anti-competitive conduct.

  • April 18, 2014

    Samsung Experts Debunk Study Behind Apple's $2B Damages

    Two Samsung Electronics Co. Ltd. experts tore apart a consumer study Apple Inc. used to justify a $2.19 billion damages demand in its patent trial against Samsung, saying Friday that the study doesn't show consumers bought smartphones because of the patented features Samsung allegedly copied.

  • April 18, 2014

    Perkins Coie Nabs Bingham Privacy, IP Group Head In Calif.

    Perkins Coie LLP has bolstered its Internet privacy and class action capabilities by adding to its Palo Alto, Calif., office the former co-chair of Bingham McCutchen LLP's privacy and intellectual property groups, the firm said Wednesday.

  • April 18, 2014

    Logo Designer Takes Baltimore Ravens Suit To High Court

    A logo designer has asked the U.S. Supreme Court to review the Fourth Circuit's ruling freeing the Baltimore Ravens and NFL Enterprises LLC from paying him royalties for alleged infringement of his design, saying the appeals court erred in finding the defendants' use of the design in historical footage fit within the fair-use doctrine of the Copyright Act.

  • April 18, 2014

    High Court Fight Pits FDA Rules Against False Ad Claims

    Pom Wonderful LLC is expected to argue to the U.S. Supreme Court on Monday that its competitor Coca-Cola Co.'s juice label misled consumers in practice even if it complied with U.S. Food and Drug Administration rules, testing the extent to which the agency's regulations should block private lawsuits between companies.

  • April 18, 2014

    Beefed-Up Patent Troll Bill Being Eyed By Senate

    Members of the Senate Judiciary Committee are still hashing out language for legislation aimed at cracking down on so-called patent trolls, but a draft version of amendments under consideration made public Friday suggests the measure could resemble a sweeping bill passed by the House.

  • April 18, 2014

    Apple Knocked For 'Patent Troll' Proxy War Against Google

    The massive nonpracticing entity Rockstar Consortium US LP appears to be designed by Apple Inc. to interfere with rival Google Inc.'s Android software business, a judge said Thursday, in a decision an expert says shows that Apple is behaving like a patent troll despite decrying the tactics of such companies.

  • April 18, 2014

    Solicitor General Can Argue In Pom, 8 Other High Court Cases

    The U.S. Supreme Court said Friday that the U.S. solicitor general can participate as amicus curiae next week in oral arguments in nine cases, including Pom Wonderful LLC's suit accusing competitor Coca-Cola Co.'s juice label of misleading consumers.

  • April 18, 2014

    Court Sides With USPTO Over Refusal To Grant AIA Reviews

    A Virginia federal judge on Friday nixed an attempt by a company that makes software for auto dealerships to overturn a decision by the U.S. Patent and Trademark Office not to conduct an inter partes review of several disputed patents, finding that Congress intended to keep appeals of such decisions out of district court.

  • April 18, 2014

    Insurers Not Liable For Sports Co.'s $3M Noncompete Row

    A New York appeals court on Thursday freed two insurers from footing a $3.2 million judgment against a sports equipment company accused of lifting trade secrets after luring a competitor's employee, finding the policies did not cover violations of a corporation's privacy rights.

  • April 18, 2014

    Edwards Says Valve Ban Should Stand, Citing Scare Tactics

    Edwards Lifesciences AG urged the Federal Circuit on Thursday not to stay an order barring most U.S. sales of Medtronic Inc.'s allegedly infringing heart valve systems, disregarding Medtronic’s “alarmist” claims that patients will die as mere scare tactics and proposing a “properly tailored injunction.”

  • April 18, 2014

    DirecTV Hit With Patent Suit Over Set-Top Boxes

    ViXS Systems Inc. is accusing several technology companies, including Entropic Communications Inc. and DirecTV LLC, of importing set-top boxes and other products that infringe four of its patents, according to a complaint filed Thursday with the U.S. International Trade Commission.

  • April 18, 2014

    Brand Battles: MPAA, Diageo, 'Wizard Of Oz'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Motion Picture Association of America defends its mark-protected ratings symbols, booze behemoth Diageo goes after Sutter Home over a "Royal" mark, and Warner Brothers' fight to defend its "Wizard of Oz" trademarks continues.

  • April 18, 2014

    Salsa Composer Sues Music Publishers For Royalty Theft

    A Venezuelan salsa composer filed suit Wednesday in Florida state court accusing two music publishers and their owners of selling his music, including pieces not under contract, through online stores and failing to pay him royalties.

  • April 18, 2014

    Chief Justice Denies Teva's Bid To Block Generic MS Drugs

    The chief justice of the U.S. Supreme Court on Friday refused Teva Pharmaceutical Industries Ltd.'s bid for an order temporarily restoring a lower court's injunction delaying two generic-drug companies from launching versions of its multiple sclerosis drug Copaxone, saying Teva hasn't shown it would be irreparably harmed if denied such relief.

  • April 18, 2014

    GoDaddy's 'Bad Judgment' DQ Bid Not Sanctionable: Judge

    A California federal judge on Friday blasted GoDaddy Inc.’s now-failed bid to disqualify the judge overseeing a cybersquatting suit against it as an extremely bad judgment call, but ruled it was not made in bad faith to justify sanctioning the web host. 

  • April 18, 2014

    Mylan Hit With IP Suit Over Generic Cholesterol Drug

    Kowa Company Ltd. on Thursday sued Mylan Inc. in Pennsylvania federal court, claiming Mylan’s application to market a generic version of the cholesterol-lowering drug Livalo violates three of Kowa’s patents.

  • April 18, 2014

    IMS Wants Ballard Spahr Off Patent Suit Against Rival

    IMS Health Inc. urged a Delaware federal judge on Thursday to prevent Ballard Spahr LLP from representing Symphony Health Solutions Corp. in a patent infringement battle over patient record analytics software, claiming the law firm represented its predecessor in past litigation over one of the patents-in-suit.

  • April 18, 2014

    Rising Star: Axinn Veltrop's Chad Landmon

    Axinn Veltrop & Harkrider LLP's Chad Landmon recently helped Actavis Inc. strike a settlement deal with Shire LLC allowing Actavis to market a generic version of the lucrative drug Intuniv and previously secured a courtroom win over the U.S. Food and Drug Administration for Watson Laboratories Inc., landing himself among Law360's top intellectual property attorneys under 40.

Expert Analysis

  • 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.

  • Low Examiner Allowance Rates, High Patent Term Adjustments

    Kate Gaudry

    Our study of patent term adjustment data for 19,470 patents granted since Jan. 1, 2008, shows that allowance-rate variability translates into another marked variability with regard to PTA. Given that PTA is awarded in response to prolonged examination, it reflects the antithesis of compact prosecution, say Kate Gaudry and Daniel Cummings of Kilpatrick Townsend and Stockton LLP.

  • Trademark Protection In China: We Can't Always Blame China

    Paolo Beconcini

    Not all of the alleged shortcomings of trademark protection in China are attributable to malicious political will, as many foreign companies seem to believe. A review of many trademark cases that have gained notoriety abroad shows how unprepared the foreign company actually was, says Paolo Beconcini of Carroll Burdick & McDonough LLP.

  • Proving Harm In Trademark Cases Post-Herb Reed

    Beth Goldman

    The Ninth Circuit's recent decision in Herb Reed Enterprises LLC v. Florida Entertainment Management Inc. has shifted the balance against plaintiffs seeking a preliminary injunction in the trademark context to be in line with the trend in patent cases. The party seeking an injunction must proffer some evidence of irreparable harm, and can no longer rely on the presumption, say Beth Goldman and Daniel Justice of Orrick Herrington & Sutcliffe LLP.

  • A New Dimension In IP Law: 3-D Printing

    George Lewis

    The new world of 3-D printing raises many new and old questions about how to use intellectual property as part of a business model. Utility patents, copyrights, design patents and trade dress offer relevant, adaptable protection options, and each has its own set of pros, cons and considerations, say Paige Stradley and George Lewis of Merchant & Gould.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • A Quick Guide To East Texas' Fast Track For Patent Cases

    Lionel Lavenue

    Some of the early commentary on the Eastern District of Texas' new alternative case management procedure for patent cases focused on how it might be “bad news” for some nonpracticing entities taking that approach. A deeper dive, however, reveals that, while Track B might benefit parties accused of infringing a patent in some situations, in others, it might even benefit parties asserting their patents, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Is TTAB Replacing Fraud With Lack Of Bona Fide Intent?

    Judith Grubner

    The Trademark Trial and Appeal Board has recently held that applicants did not possess an objectively supported “bona fide intent,” when there was little or no documentation to evidence a plan to use the mark in commerce at the time of application. Such scrutiny is at odds with the Lanham Act and U.S. Patent and Trademark Office regulations, say Judith Grubner and Kathleen Waitzman of Arnstein & Lehr LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.