Overall
Key cases
Industries
Intellectual Property
Labor & Employment
Corporate
Practice Areas
Intellectual Property
-
May 17, 2013
Warner Bros. Beats IP Suit Over Batman Movie Software
Warner Bros. Entertainment Inc. on Thursday escaped an unusual trademark suit over the fictional “clean slate” software featured in the movie “The Dark Knight Rises” when an Indiana judge ruled consumers would not confuse it with a real software product of the same name.
-
May 17, 2013
USPTO Revamps Rejected-Patent Review Program
The U.S. Patent and Trademark Office on Friday unveiled a revamped version of a popular program launched last year to reduce patent pendency by giving examiners a limited amount of time to consider responses filed after the rejection of a patent application.
-
May 17, 2013
Motorola Didn't Infringe Wireless Headset Patent, Jury Says
A Texas federal jury said Thursday that Motorola Mobility Inc. did not infringe Effingo Wireless Inc.'s patents for wireless headset assemblies and also determined that Effingo's patent claims were invalid.
-
May 17, 2013
Kohler Ordered To Pay $9.6M In Generator Patent Trial
A Massachusetts federal jury on Wednesday ordered Kohler Co. to pay $9.6 million in damages after finding the company's marine power generators include patent-infringing exhaust systems designed to reduce emissions.
-
May 17, 2013
AbbVie Targets Hetero Over Generic Norvir Plans
AbbVie Inc. on Wednesday hit Hetero USA Inc. in Delaware federal court with allegations that the generics maker infringes several patents with its planned generic version of HIV treatment Norvir.
-
May 17, 2013
ITC OKs Ericsson Bid For Docs From Samsung's Korean Firm
A U.S. International Trade Commission judge on Thursday asked a federal court to allow Ericsson Inc. to seek discovery from a Korean law firm that a prosecuted a Samsung Electronics Co. Ltd. 4G LTE patent that Ericsson is accused of infringing.
-
May 17, 2013
Summit 6 Wants $2M More After $15M Samsung Patent Verdict
A technology licensing company that won a $15 million patent infringement verdict last month against Samsung Electronics Co. Ltd. asked a Texas federal judge on Friday to award it $2 million more in prejudgment interest.
-
May 17, 2013
Galderma Settles Pimple Drug Patent Suit With Par
Swiss skincare company Galderma SA and Par Pharmaceutical Inc. told a Texas federal court Friday they had reached a settlement over allegations that the generics maker sought to market a knockoff of Galderma's Epiduo acne treatment.
-
May 17, 2013
Michael Jordan Calls Foul On Image Row Sanction Bid
Basketball legend Michael Jordan on Thursday slammed an attempt for sanctions by Safeway Inc. and one of its Chicago-area grocery units in a right to publicity suit, saying that their allegations that he had destroyed evidence were lies.
-
May 17, 2013
USPTO Asks To Toss Suit Over Biz Method Definition
The U.S. Patent and Trademark Office on Thursday sought the dismissal of Versata Software Inc.'s complaint alleging the office uses too broad a definition of a business method patent in a new patent review program, saying the suit is barred by the America Invents Act.
-
May 17, 2013
Toyota, Others Denied Sanctions For 'Frivolous' NPE Suit
A Texas federal judge on Wednesday denied Toyota Motor Corp. and other automakers' bid to throw out nonpracticing entity Rydex Ltd.'s patent infringement lawsuit and award attorneys' fees as punishment for filing what the carmakers describe as a "frivolous" suit.
-
May 17, 2013
Facebook Claims Ignorance Of Patent In 'Like' Button Suit
Facebook Inc. urged a Virginia federal judge Friday to throw out a patent-holding company's suit alleging that its "Like" button and other sharing features infringe two social media patents, saying the company hasn't proven Facebook knew about the patent before it was hit with the suit.
-
May 17, 2013
Steptoe Nabs Trio Of Patent Litigators For Chicago Office
Steptoe & Johnson LLP has strengthened its intellectual property practice in Chicago with the addition of three patent litigators with experience in the medical device and energy industries, it announced Thursday.
-
May 17, 2013
Playboy Denied Injunction In 'Bunny' Mark Row
An Illinois federal judge Wednesday denied Playboy Enterprises International Inc.'s bid for a preliminary injunction against a beverage company alleged to have infringed Playboy's famous "bunny" mark, and stayed the case pending the resolution of a parallel state-court lawsuit.
-
May 17, 2013
Allergan Targets Strides, Agila Over Generic Eye Drops
Senju Pharmaceutical Co. Ltd., Kyorin Pharmaceutical Co. Ltd. and Allergan Inc. hit Strides Inc. and Agila Specialties Private Ltd. with a patent infringement lawsuit in Delaware federal court Wednesday over their plans to market a generic version of Allergan's Zymar and Zymaxid conjunctivitis eye drops.
-
May 17, 2013
HP Deflects Blame In 'Chubby Checker' Penis-Size App Suit
Hewlett Packard Co. on Thursday distanced itself from "The Chubby Checker," a penis-size calculator targeted in singer Chubby Checker's trademark infringement lawsuit in Florida, arguing software developers who created and named the now-defunct Palm application may be held liable, but not HP.
-
May 17, 2013
Q&A With Kenyon & Kenyon's Michelle Marsh
Many who witnessed the introduction of other generic top-level domains flounder are not convinced this new round of extensions will be any different. But, trust me, this is different, says Michelle Mancino Marsh, chairman of Kenyon & Kenyon LLP's fashion, apparel and footwear law practice.
-
May 16, 2013
USPTO Cuts Threaten To Hobble Already Stressed Agency
Budget cuts at the U.S. Patent and Trademark Office due to sequestration and reduced fee revenue, which the office said Thursday totaled around $240 million, have alarmed attorneys who say the reductions will hurt patent quality and the office's ability to function.
-
May 16, 2013
Purdue Puts Generic OxyContin Suits To Rest
Purdue Pharma LP on Thursday settled its suits against KVK-Tech Inc. and Varam Inc. in New York multidistrict litigation over plans to market a generic version of painkiller OxyContin.
-
May 16, 2013
Powerwave's Ch. 11 Sale Approved After Creditors Strike Deal
A fight between the creditors committee and the senior secured lender in the Powerwave Technologies bankruptcy case over a disappointing $17 million bid for the company was resolved Thursday when the two sides came to a last-minute settlement that will allow the Chapter 11 sale to go forward but still provide a small return for unsecured creditors.
Expert Analysis
-
Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
-
New USPTO Fee Rules, New Patent Prosecution Strategies
The U.S. Patent and Trademark Office's recently revised patent prosecution fee structure encourages quick and compact prosecution by raising fees for prosecution that requires significant examiner time, says Carl Schwartz of Quarles & Brady LLP.
-
When And How To Consider Hiring In-House IP Counsel
When deciding whether to hire in-house intellectual property counsel, a company should consider its IP strategy and its IP budget. If a company is spending $250,000 or more on outside IP legal fees per year, it is at least worth considering hiring in-house patent counsel, says Scott Smith of Dorsey & Whitney LLP.
-
Why 'Escape From Tomorrow' Likely Won't Make It To Theaters
"Escape From Tomorrow," a movie that premiered at the Sundance Film Festival this year, was shot on-site at Disney World without the permission or knowledge of The Walt Disney Co. Disney didn't file suit, but it appears that the strategy of silence has largely paid off up to this point, says Brent Lorentz of Winthrop & Weinstine PA.
-
What To Do Before, During And After IP Mediation
Intellectual property mediation provides parties with the power to transfer the control of the outcome of their dispute from jurors back to where it most appropriately resides — with the parties themselves. But too many litigators and too many parties approach mediation as if it is a burden to be shouldered rather than an opportunity to be embraced, say Samuel Miller and Vernon Winters of Sidley Austin LLP.
-
K-V Case Tests Limits Of ITC Jurisdiction
As illustrated by the recent K-V Pharmaceutical Co. case, the U.S. International Trade Commission will likely closely review complaints that could usurp the power of another federal agency and potentially undermine that agency's application of its own rules, say Eric Fues and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.
-
An Update On Joint Infringement In Cloud Computing
Assuming a feature of cloud-based email service warrants patent protection, a method claim may need to cover the conduct of two or three entities that act in concert to put the email application into service. For claims of that sort, the Akamai decision makes proving induced infringement easier, says Steven Amundson of Frommer Lawrence & Haug LLP.
-
Supreme Court Got It Right In Seed Dispute
On May 13, the U.S. Supreme Court unanimously affirmed the Federal Circuit and ruled that a farmer infringed Monsanto Co.’s patents for Roundup Ready seeds by growing subsequent, unauthorized generations beyond the first, authorized planting. The court did not set clear limits on the holding, which may be the source of controversy going forward, say attorneys with McAndrews Held & Malloy Ltd.
-
Calif. To Draw The Lines In Disparagement Liability
The California Supreme Court's upcoming decision in Hartford Casualty Insurance Co. v. Swift Distribution Inc. will resolve a hot debate about the scope of implied disparagement liability under California law, likely determining whether insurers must defend lawsuits involving allegations of intellectual property infringement, unfair competition and false advertising, says Tyler Gerking of Farella Braun & Martel LLP.
-
CLS Bank Ruling Provides No Guidance On Patent Eligibility
The decision in CLS Bank International v. Alice Corp. Pty. Ltd. spotlights the Federal Circuit’s serious divisions on Section 101 analysis. In the face of these divisions, decisions by Federal Circuit panels as to patent eligibility of specific claims under Section 101 will continue to be inconsistent, say Charles Macedo and David Goldberg of Amster Rothstein & Ebenstein LLP.