Intellectual Property

  • May 22, 2015

    Founder Of Facebook's Oculus Stole IP, Ex-Partners Claim

    A Hawaii-based partnership claimed in a suit in California federal court Wednesday that Facebook's Oculus VR Inc. and its founder Palmer Luckey violated a 2011 contract to develop a 3D virtual reality headset for them and claimed the resulting prototype as his own.

  • May 22, 2015

    Sirius’ Gripe With Pre-‘72 Cert. Is Nonsense, Turtles Say

    The Turtles rock band urged a California federal judge Friday to certify a class of owners of pre-1972 songs that they say Sirius XM Radio Inc. played without paying royalties, contending that the satcaster’s argument that the licensing situation for each record is individualized “makes zero sense.”

  • May 22, 2015

    Corning's Inequitable Conduct Claim Over AIA Review OK'd

    A judge has allowed Corning Optical Communications RF LLC to amend its answer to a cable connector patent suit by PPC Broadband Inc. to add a counterclaim that PPC committed inequitable conduct by not disclosing information about an America Invents Act review during a re-examination.

  • May 22, 2015

    PTAB Knocks Down Online Travel Search Patent

    Six claims of a patent for a metasearching online system challenged by travel websites such as Expedia Inc. and Priceline.com Inc. were found Friday to be unpatentable.

  • May 22, 2015

    Texas House OKs Bill To Punish Bad Faith Patent Demands

    The Texas House on Friday unanimously passed a bill allowing the state’s attorney general to bring suit against nonpracticing entities that send misleading demand letters, as well as creating a possible $50,000 civil penalty for bad faith patent infringement claims.

  • May 22, 2015

    Recliner Part Maker Didn't Flout Patent, Jury Says

    A Maryland federal jury has determined recliner part maker Changzhou Kaidi Electrical Co. Ltd. and its U.S. sales arm did not infringe a patent held by rival Okin America Inc. covering linear actuators, a patent Okin had also unsuccessfully asserted against Kaidi before the U.S. International Trade Commission.

  • May 22, 2015

    Comcast Says Sprint's Attys Misled Jury In $28M IP Suit

    Comcast Cable Communications LLC told a Delaware federal judge that Sprint Communications Co. LP’s counsel Shook Hardy & Bacon LLP misled a jury into awarding Sprint $28 million in a row alleging Comcast ripped off its fiber optic delivery systems, arguing one of the firm’s attorneys used inaccurate claim constructions.

  • May 22, 2015

    Brand Battles: 1-800-Flowers.com, Facebook, Texas Rangers

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, 1-800-Flowers.com and Edible Arrangements argue over whether a pineapple flower can function as a trademark, Facebook takes on “Designbook,” and the Texas Rangers go after the company behind “Dublin Dr. Pepper.”

  • May 22, 2015

    Fed. Circ. Clears Microsoft In Speech Software Patent Case

    The Federal Circuit on Friday upheld a victory for Microsoft Corp. in a suit by Allvoice Developments US LLC over a speech recognition patent, finding that Microsoft did not infringe most claims and that others are not patent-eligible because they cover only software instructions, not a tangible object.

  • May 22, 2015

    Hedge Fund Hits 'Ridiculous' Horizon Patent With AIA Review

    Hedge fund manager Kyle Bass, whose America Invents Act reviews of drug patents are under scrutiny by Congress, filed a new petition Thursday taking aim at a patent on Horizon Pharma PLC's arthritis medication Vimovo, which he called a "ridiculous" attempt to patent a combination of common drugs.

  • May 22, 2015

    Nokia Tells ITC It Didn't Infringe InterDigital Network Patents

    Nokia Corp. asked the International Trade Commission on Thursday to review an administrative law judge's ruling that it and Microsoft Corp. infringed two of InterDigital Communications Inc.'s smartphone network-connection patents, arguing in a redacted filing the infringement determination was at odds with a prior decision.

  • May 22, 2015

    Medtronic Fights IRS Over Sealed Docs In $561M Tax Row

    Medtronic Inc. has pushed back against the IRS' urging the U.S. Tax Court to publicly open hundreds of documents in a dispute over a $561 million deficiency, saying the agency objected to their confidentiality without having raised the issue with the medical device maker.

  • May 22, 2015

    Irell's Own Docs Favor DQ In 'Dirty Grandpa' Row, Court Told

    A defendant in a trademark suit over upcoming comedy film “Dirty Grandpa” starring Robert DeNiro and Zac Efron told a California federal court that Irell & Manella LLP’s own filings raise ethical concerns and support his bid to disqualify the firm.

  • May 22, 2015

    Native Americans Again Aim To Exclude NFL Team's Evidence

    Native Americans embroiled in a dispute with the Washington Redskins’ owner over the team’s trademark registrations on Thursday told a federal court that previously unproduced evidence allegedly backing the significance of two Native American organizations that do not oppose the name was submitted too late.

  • May 22, 2015

    Actavis Faces Patent Suit Over Generic Opioid

    Recro Technology LLC slapped Actavis Laboratories FL Inc. with a patent infringement suit in Delaware federal court on Thursday, claiming Actavis’ proposed generic version of the pain medication Zohydro ER violates Recro's patents.

  • May 22, 2015

    Miramax Hit With Copyright Suit Over Sherlock Holmes Movie

    The estate of Arthur Conan Doyle smacked Miramax with a copyright infringement lawsuit Friday over the studio’s upcoming film “Mr. Holmes,” just under a year after a federal appeals court ruled that the character of Sherlock Holmes was mostly in the public domain.

  • May 22, 2015

    Magna Wants TRW Held Liable For Car Camera Infringement

    Magna Electronics Inc. is asking the U.S. International Trade Commission to revise an April determination finding that even though fellow General Motors LLC supplier TRW Automotive US LLC indirectly infringed Magna’s driver assistance camera patent, the competitor is not liable due to a “good faith” belief of invalidity.

  • May 22, 2015

    2nd Circ. Says Actavis Can't Pull Old Namenda

    The Second Circuit upheld an injunction Friday blocking Actavis PLC from pulling an older version of Namenda from shelves before generic drugmakers can launch their own version of the Alzheimer's treatment in July, handing a major antitrust win to New York's attorney general.

  • May 21, 2015

    Calif. Justices Urged To Reconsider Pay-For-Delay Ruling

    Watson Pharmaceuticals Inc. on Thursday urged the California Supreme Court to dismiss it from drug buyers’ suit claiming Bayer Corp. illegally paid Watson and other generic manufacturers $400 million to delay launching their own version of Cipro.

  • May 21, 2015

    JPMorgan Likely To See June Rulings In Cybersecurity IP Suit

    U.S. District Judge Alvin K. Hellerstein said Thursday he is shooting for the end of June to rule on dismissal bids related to the two cybersecurity software patents still in play in litigation brought by intellectual property licensing outfit Intellectual Ventures II LLC against JPMorgan Chase & Co.

Expert Analysis

  • Katy Perry Faces Choppy Waters: 'Left Shark' TM Refused

    Amanda Alameddine

    Katy Perry has run into trademark trouble in her attempt to register a "Left Shark" design mark. Here's what happened, and what you can do to avoid a similar fate, says Amanda Alameddine of Buchalter Nemer.

  • Fed. Circ. Guidance For Means-Plus-Function Software Claims

    Dev Batta

    The Federal Circuit's recent decision in EON Corp. IP Holdings LLC v. AT&T Mobility LLC clarifies that when claiming a software-implemented invention in means-plus-function form, an applicant should not rely on the Katz exception and should almost always disclose at least one algorithm for each means-plus-function limitation, says Dev Batta of Locke Lord LLP.

  • Tips For Protecting Intellectual Property In The Oil Patch

    Stephen Stein

    Whether oil prices are rising or falling, the vulnerability to intellectual property litigation is a critical issue for energy providers in the U.S. and across the globe. And it is important to recognize that patents are not the only IP consideration for an industry that spends billions of dollars annually on research and development needs, says Stephen Stein of Thompson & Knight LLP.

  • Emerging IP Issues In The African Marketplace

    Beau Jackson

    The dynamic economic growth occurring across Africa presents new challenges and opportunities in the intellectual property context, say Beau Jackson of Adduci Mastriani & Schaumberg LLP and Jarrad Wood, a student at American University Washington College of Law.

  • How Patent Reform Could Affect Claim Construction In IPR

    Craig Countryman

    The U.S. Patent and Trademark Office currently gives claims in unexpired patents their “broadest reasonable construction” in all post-grant proceedings, as it does during ordinary examination. The Federal Circuit recently approved this approach, but some in Congress have a different view, say Craig Countryman and Michael Rosen of Fish & Richardson PC.

  • Does The Periscope App Infringe Copyright?

    Michael Nilsson

    Suppose I go to see my beloved Washington Nationals and use the new Periscope app to record the game on my phone and send it live to some or all of my Twitter followers, or others. Have I actually violated copyright law? What about Twitter, which owns Periscope? What about my wireless carrier? The answers to these questions aren’t easy, says Michael Nilsson of Harris Wiltshire & Grannis LLP.

  • Trade Dress Protection Not In Great Shape For Great Shapes

    Martin Schwimmer

    While the Federal Circuit's trade dress and design patent analyses are correct in Apple Inc. v. Samsung Electronics Co. Ltd., the decision suggests an unworkable tension between the two doctrines, say Martin Schwimmer and Jordan Garner of Leason Ellis LLP.

  • ITC Complainants Must 'Do The Math’ For Domestic Industry

    Alexander Chinoy

    In Lelo Inc. v. U.S. International Trade Commission, the Federal Circuit rejected the notion that showing the “qualitative” significance of a patent owner’s domestic investments can overcome an absence of evidence as to the “quantitative” significance of those investments, providing important guidance for future complainants, say Alexander Chinoy and Ahmed Mousa of Covington & Burling LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • Hague Agreement Enhances Benefits Of US Design Patents

    Clifton McCann

    Design patents are one of the better values among the various forms of intellectual property protection available in the United States. And their value and effectiveness increased on May 13, when the United States’ accession to the Hague Agreement entered into force, say Clifton McCann and David Jaglowski of Thompson Hine LLP.