Intellectual Property

  • January 23, 2015

    Jury Clears Adobe In Photoshop Patent Row With Everyscape

    A Massachusetts federal jury on Friday said Adobe Systems Inc.’s flagship Photoshop application did not infringe two EveryScape Inc. patents covering color correction of an image, determining the patent claims were invalid.

  • January 23, 2015

    Estee Lauder Wins $1.8M In Counterfeit MAC Cosmetics Suit

    An Arizona federal judge on Thursday granted Estee Lauder Cosmetics Ltd. summary judgment in its trademark infringement suit against Get Your MAC On LLC over the online cosmetic seller's distribution of counterfeit MAC cosmetics, ordering the company to pay over $1.8 million in damages.

  • January 23, 2015

    Google Settles Street View Patent Infringement Suit

    Google Inc. on Friday settled a patent infringement suit filed by Transcenic Inc. in Delaware federal court, which alleged that the tech giant's websites and applications using street-level digital maps infringed its patent.

  • January 23, 2015

    Nexium Ruling Offers Road Map For Pay-For-Delay Classes

    The First Circuit's decision to uphold class certification in the Nexium pay-for-delay litigation despite the presence of some uninjured members in the group may be a hollow victory for the heartburn-drug purchasers after their recent loss at trial, but the ruling offers a boost for other plaintiffs as a bevy of antitrust class actions over pharmaceutical patent settlements forge ahead.

  • January 23, 2015

    Ex-Schlumberger Atty Backs Anti-SLAPP Law's Use In IP Suit

    A former Schlumberger Ltd. chief intellectual property lawyer told a Texas appeals court that the state's anti-strategic lawsuit against public participation statute was properly used to dismiss the majority of a lawsuit alleging she masterminded a rival company’s patent infringement suit.

  • January 23, 2015

    Effexor Buyers To Join 3rd Circ. Appeal Against Wyeth, Teva

    A class of direct purchasers of antidepressant Effexor XR on Friday notified a New Jersey federal judge that they plan a Third-Circuit appeal of his decision to dismiss their claim against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for the drug, a week after a number of other Effexor buyers announced a similar intent to appeal.

  • January 23, 2015

    Brand Battles: RCA, Warner Bros., Asiago Cheese

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, two remnants of once-proud electronics company RCA continue to duke it out over the famous name, Warner Bros. cites a trademark-protected quote from "The Wizard of Oz," and the official Italian trade group behind "Asiago" fights back after the name is deemed a generic type of cheese.

  • January 23, 2015

    Stanford Says PTAB Wrong To Nix Prenatal Testing Patent

    Stanford University urged a California federal judge on Friday to overrule a U.S. Patent and Trademark Office finding that its prenatal testing patent is invalid, arguing that the Patent Trial and Appeal Board wrongly found that the invention lacks a written description.

  • January 23, 2015

    Economists, Docs Back Actavis In Namenda Injunction Row

    A slew of economists, physicians and drug industry groups have urged the Second Circuit to overturn the New York attorney general's injunction requiring Actavis PLC to continue selling a version of dementia drug Namenda, with several amici saying the injunction will stifle innovation. 

  • January 23, 2015

    Software Co. TapLogic Hit With Patent Suit Over Soil App

    Agriculture consulting firm Agri-Labs Holdings LLC slammed software company TapLogic LLC with a patent infringement suit Thursday in Indiana federal court, saying its smartphone app infringed Agri-Lab's patented method for using smartphones to log soil samples with GPS coordinates.

  • January 23, 2015

    Ex-PilePro CFO Gets Former Firm DQ'd In IP Theft Case

    A Texas federal judge on Thursday ruled Shumway Van & Hansen can’t represent PilePro LLC in a suit alleging its former chief financial officer stole millions in intellectual property, saying the firm’s previous work for the executive while he was still a PilePro employee was a “clear conflict of interest.”

  • January 23, 2015

    SF Noodle House Says Upstart Rival Copied Logo, Name

    Noodles Raw Catering LLC on Thursday launched a suit in California federal court accusing fellow San Francisco-based restaurant operator Saison Group LLC's soon-to-open Fat Noodle restaurant of infringing the trademark for its Chubby Noodle eatery.

  • January 23, 2015

    Blue Calypso, Groupon Spar Over Stay Following AIA Rulings

    Groupon Inc. and other companies have urged a Texas federal judge to maintain a stay put in place pending appeals of the outcome of a review that invalidated most claims at the center of Blue Calypso Inc.’s consolidated suits accusing the companies of infringing its peer-to-peer advertising patents.

  • January 23, 2015

    Commil Urges High Court To Nix 'Good Faith' Patent Defense

    Commil USA LLC filed its opening brief at the Supreme Court Friday in its case against Cisco Systems Inc. over whether a "good faith belief" that a patent is invalid can serve as a defense to induced infringement, saying the defense conflicts with the high court’s precedent.

  • January 23, 2015

    Aereo Says Broadcasters Are Trying To Stifle Its Asset Sale

    Defunct Aereo Inc. on Thursday accused the broadcasters who vanquished the would-be internet television pioneer of overkill by seeking to sabotage its upcoming Chapter 11 auction, even though Aereo has ceased all commercial operations for good.

  • January 23, 2015

    IP Group Of The Year: Durie Tangri

    Durie Tangri LLP secured a ruling that Google Inc.'s massive book digitization program is fair use under copyright law and has successfully invalidated several patents using the U.S. Supreme Court's Alice decision in the last year, landing the firm among Law360's Intellectual Property Practice Groups of the Year.

  • January 23, 2015

    Medtronic Can Withhold Trade Secrets At $561M IRS Trial

    A U.S. Tax Court judge on Thursday greenlighted redactions Medtronic Inc. had made to witness reports to keep proprietary information off the books in its upcoming trial against the Internal Revenue Service over a $561 million tax dispute involving a Puerto Rican subsidiary.

  • January 23, 2015

    Rolls-Royce Targets Rapper Royce Rizzy In Trademark Suit

    Rolls-Royce Motor Cars Ltd. is suing Georgia rapper Royce Rizzy, formerly known as Rolls Royce Rizzy, for trademark infringement in New Jersey federal court claiming his stage name and apparel sold on his website infringe and dilute the automaker's “famous and distinctive” mark.

  • January 23, 2015

    Google, Apple, Sony Hit Over Pre-1972 Songs

    Apple Inc., Google Inc, Sony Corp. and several other providers of online radio are now facing the same problem Sirius XM has for more than a year: class actions claiming they're illegally refusing to pay for pre-1972 recordings.

  • January 22, 2015

    Nike Ripped Off Jordan ‘Jumpman’ Logo, Photographer Says

    A former photographer for Life magazine on Thursday hurled a copyright infringement suit at Nike Inc. in Oregon federal court, accusing the footwear giant of making its own copycat version of his photo of Michael Jordan, which has since become the iconic “Jumpman” logo for the company.

Expert Analysis

  • 'IPA' Really Could Have Been A Trademark For Beer

    Steven Klein

    Can one brewery sue another to stop it from using a stylized version of “IPA,” a familiar acronym for the popular style of beer known as India Pale Ale? As you may have heard, the Lagunitas Brewing Co. just tried — and it didn’t go so well. But things could have worked out very differently if Lagunitas had raised its claims back in 1995, says Steven Klein of Stoel Rives LLP.

  • Top 5 Developments In Reverse Payments Over The Last Year

    Ryan Marth

    Last year, the reverse payments conversations grew hotter with courts divided and the law evolving. What is more, those conversations have caught on abroad, with developments occurring in Europe and Canada. 2015 will better define what is and is not an illegal reverse payment, say Ryan Marth and Matthew McFarlane of Robins Kaplan LLP.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Don't Underestimate The Copyright Trolls

    Jorge Espinosa

    Despite the negative publicity and the obvious resistance by some courts, we are likely to continue to see a stream of cases by alleged “copyright trolls,” says Jorge Espinosa of Espinosa Trueba PL.

  • New Considerations For File Wrapper Estoppel

    Michael Ye

    A potential good-news, bad-news story would be a patent owner granted denial of a patent challenger’s inter partes review petition at the Patent Trial and Appeal Board, but later faced with a reduced scope of claim coverage because of statements it made in the preliminary response or otherwise in the proceeding, say attorneys with Andrews Kurth LLP.

  • How High Court Teva Ruling Will Affect Patent Litigants

    Stacey L. Cohen

    The U.S. Supreme Court's decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. to provide deference to the “evidentiary underpinnings” of district courts’ claim construction rulings makes clear that factual determinations in patent cases should not be treated differently than those in other areas of the law, say Stacey Cohen and Devin Kothari of Skadden Arps Slate Meagher & Flom LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 2

    Randy Kahnke

    While the world of patentable subject matter shrinks, the world of trade secret protection may be expanding, say attorneys with Faegre Baker Daniels LLP.

  • State Of The Union Sets Stage For Privacy Legislation

    Mauricio Paez

    President Obama used the powerful State of the Union platform to advocate for new privacy legislation previously outlined during the days leading up to the address. The speech may have marked a new phase in the political discourse concerning privacy and cybersecurity, say attorneys with Jones Day.

  • Top 5 Software-Patenting Issues For Life Science Companies

    John Dragseth

    As life science companies navigate this new world of big data, they face numerous software-patenting challenges that are very different from the typical life sciences patent work, says John Dragseth of Fish & Richardson PC.

  • High Court Likely To Reverse Commil V. Cisco

    Robert Masters

    The U.S. Supreme Court recently granted certiorari in Commil USA LLC v. Cisco Systems Inc., and — given the court's recent history in reviewing cases from the Federal Circuit — there is little doubt that the circuit court's holding that “evidence of an accused inducer’s good-faith belief of invalidity may negate the requisite intent for induced infringement” soon will be tempered, if not overturned, say Anand Patel and Robert Maste... (continued)