Intellectual Property

  • November 26, 2014

    PTAB Bars Inventor From Proceeding Pro Se In AIA Review

    The Patent Trial and Appeal Board has refused to allow BakerHostetler to withdraw from representing LCS Group LLC in an inter partes review proceeding brought by Shire Development LLC challenging a binge-eating disorder treatment patent, saying the patent's inventor can't represent himself.

  • November 26, 2014

    NY Firm Sues Ex-Partner For Stealing Client Files, Chairs

    New York law firm Yuen Roccanova Seltzer & Sverd PC sued a former partner in New York state court Wednesday, claiming that the day before he planned to resign, he stole client files, a computer, a desk, three chairs and four file cabinets to furnish his new office.

  • November 26, 2014

    Power Integrations Says Fairchild Lied In Patent Trial

    Power Integrations Inc. on Wednesday urged a Delaware federal judge to overturn a jury’s 2012 ruling that it infringed a patent held by rival Fairchild Semiconductor Inc., arguing new evidence shows Fairchild offered false testimony at the trial.

  • November 26, 2014

    Revolving-Door Roundup: Gibson Dunn, Holland & Knight, Irell

    November was a relatively slow month for attorneys moving between the public and private sectors, with only four job-hoppers, in comparison to last month's dozen and a half. But the crop still included stars like a top lawyer for the state of New Jersey and a leading aide to New York Gov. Andrew Cuomo.​

  • November 26, 2014

    PTAB Says Same Prior Art May Lead To Different AIA Results

    In a setback for Mitsubishi Plastics Inc., the Patent Trial and Appeal Board has ruled that if two America Invents Act review petitions challenging the same patent cite the same prior art but use different arguments, the board can reach different conclusions on whether to institute reviews.

  • November 26, 2014

    Both Parties In 'Happy Birthday' Rights Row Vie For Quick Win

    A Warner Music Group Corp. unit and the plaintiff alleging the unit’s copyright for “Happy Birthday to You” is bunk each asked a California federal judge on Tuesday to gift them a quick win in the putative class action over the ubiquitous song. 

  • November 26, 2014

    IP MVP: Erise IP's Jason Mudd

    Erise IP’s Jason Mudd was one of the attorneys to help Garmin International Inc. win the first-ever decision issued under the U.S. Patent and Trademark Office’s new inter partes review process and represented Ford Motor Co. in other high-profile cases, landing him a spot on Law360's list of Intellectual Property MVPs.

  • November 26, 2014

    9th Circ. Urged To Scrap 'Innocence Of Muslims' Injunction

    A chorus of technology companies, news organizations and online rights groups threw their support behind Google Inc. on Tuesday, telling the Ninth Circuit to overturn its controversial ruling that forced the tech giant to pull an anti-Islam video from YouTube.

  • November 26, 2014

    Amazon Returns Fire Over Porn Site's Injunction Bid

    Amazon.com Inc. trashed the owner of pornography streaming site FyreTV on Tuesday in Florida federal court, calling it a nearly defunct business with a slim chance of success in a suit alleging Amazon’s “Fire TV” video streaming device infringed its trademark.

  • November 26, 2014

    Brand Battles: L'Oreal, Paramount, Monster Energy, Gap

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, L'Oreal has trouble winning an unusual trademark for its perfume, the title of upcoming movie from Paramount Pictures draws a challenge from the ever-present Monster Energy, and retailer Gap takes on a "GAP."

  • November 26, 2014

    Fed. Circ. Clears Samsung, Others In Java Patent Case

    The Federal Circuit on Wednesday affirmed a lower court's ruling that a slew of mobile device makers, including Samsung Electronics Co. and Microsoft Corp., did not infringe three patents related to the Java programming language owned by Nazomi Communications Inc.

  • November 26, 2014

    Williams-Sonoma, Ex-Employee Settle Trade Secrets Row

    Home retail giant Williams-Sonoma Inc. notified a Tennessee federal court that it has reached a settlement to end litigation with a former employee it had accused of passing confidential business plans and pricing information to competing home goods company Arhaus LLC.

  • November 26, 2014

    Apple Wins Smartphone Patent Royalties From Samsung

    A California federal judge ruled Tuesday that Apple Inc. is entitled to ongoing royalties from Samsung Electronics Co. Ltd. following a patent infringement verdict this year, closing the book on the district court case and spurring an immediate appeal from Samsung.

  • November 26, 2014

    Qualcomm Asks Fed. Circ. To Nix Patents In ParkerVision Row

    Qualcomm Inc. has urged the Federal Circuit to uphold a Florida federal court's decision to nix a $173 million jury award for ParkerVision Inc. in a smartphone technology patent infringement case, and lodged a cross-appeal arguing ParkerVision's patents should have been found invalid in addition to not being infringed.

  • November 25, 2014

    CVS, Rite Aid Settle Walgreens' Mobile Refill Patent Suit

    Retail pharmacy giants CVS Caremark Co. and Rite Aid Corp. have settled Walgreen Co.’s claims that its rivals were infringing its patent for refilling prescriptions using a mobile device, with CVS agreeing to an injunction against using the technology, according to documents filed Tuesday.

  • November 25, 2014

    Samsung Can't Put Microsoft Royalty Row On Hold For Appeal

    After denying Samsung Electronics Co.’s bid to send its patent licensing contract dispute to arbitration, a New York federal judge on Tuesday refused to stay the case while Samsung seeks a Second Circuit appeal, ruling Samsung “completely failed” to show it was likely to succeed.

  • November 25, 2014

    Judge Tosses $105M Patent Verdict Against Fairchild

    A California federal judge Tuesday tossed a jury's $105 million verdict against Fairchild Semiconductor International Inc. and ordered a new trial on damages for Power Integrations Inc.'s claims that Fairchild infringed two power-supply patents, saying jurors didn't decide the award based solely on the patented features.

  • November 25, 2014

    Chrysler Slams Decades-Old ‘Scat Pack’ Mark Spat

    Chrysler Group LLC fired back at a suit accusing it of infringing an auto parts supplier’s trademark by using the term “Scat Pack” for parts and accessories, telling a California federal judge that consumers wouldn’t confuse its iconic Scat automotive parts with parts produced by a small company.

  • November 25, 2014

    3rd-Ever AIA Post-Grant Review Bid Lauched By Cattle Group

    The third petition ever filed under the America Invents Act's post-grant review program was lodged Friday by the American Simmental Association, a cattle breeding industry group seeking to invalidate a patent covering livestock valuation.

  • November 25, 2014

    IP MVP: WilmerHale's Bill Lee

    WilmerHale's Bill Lee secured $410 million in damages for Apple Inc. in two separate patent trials against arch rival Samsung Electronics Co. Ltd. and got a $368 million infringement verdict against Apple set aside in another case, earning a spot among Law360's Intellectual Property MVPs for the fourth straight year.

Expert Analysis

  • What To Know About Extending Patent Term In Southeast Asia

    James Kinnaird

    For pharmaceutical products, the most general form of extended patent protection available in Southeast Asia is currently data exclusivity, says James Kinnaird of Marks & Clerk.

  • 3 Takeaways From Post-Octane Fitness Cases

    Megan Woodworth

    A review of recent district court opinions assessing motions for attorneys' fees under Section 285 provides some support for the prediction that the U.S. Supreme Court’s decision in Octane Fitness would result in an increase in attorney fee awards to prevailing defendants, say Megan Woodworth and Megan Wood of Dickstein Shapiro LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • 10 Ways To Avoid Or Limit Institution In An AIA Proceeding

    Jason Stach

    The post-institution phase of an inter partes review, covered business method review or post-grant review is not where a patent owner wants to be. These 10 strategies for avoiding or limiting the scope of an instituted America Invents Act proceeding have proven successful to date, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Is Stockpiling Protected By Hatch-Waxman Safe Harbor?

    Brian Coggio

    Stockpiling of generic drugs to allow commercial introduction immediately after patent expiration is considered an act of infingement, but infringement suits contesting this conduct are almost nonexistent. The stockpiling of biologics and biosimilars, which are usually more expensive and take longer to produce than typical generics, may bring this dormant issue to the forefront, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Brand Owner-Friendly UDRP Decision Reinterprets Bad Faith

    Monica Richman

    The recent decision in Milly LLC v. Mrs. Jello LLC provides an interpretation of the Uniform Domain-Name Dispute-Resolution Policy that allows a panel, in certain circumstances, to find that a respondent has registered and used a domain name in bad faith even though the domain name may have been acquired initially in good faith, say Carol Anne Been and Monica Richman of Dentons.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.