Intellectual Property

  • September 23, 2016

    TMZ, Warner Bros. Dodge Suit Over Jared Leto Video

    Celebrity gossip site TMZ escaped a copyright infringement suit Friday brought by actor and musician Jared Leto for publishing a clip where he swears about Taylor Swift in his home studio, when a California federal court said Leto doesn’t own the copyright to the video.

  • September 23, 2016

    Fed. Circ. Shuts Down Another Avenue For PTAB Appeals

    The Federal Circuit ruled Friday that it cannot review the Patent Trial and Appeal Board’s holding that former owners of patents are permitted to challenge them in inter partes reviews, in a split decision carving out another type of PTAB ruling not subject to appellate review.

  • September 23, 2016

    Fed. Circ. OKs Cell Carriers' Alice Win Over 'Translator' Patent

    In a win for accused infringers Sprint Corp., T-Mobile US Inc. and other carriers, the Federal Circuit on Friday affirmed a district court's ruling that a patent on a method of sending communications between different types of media is invalid under Alice because it claims only the abstract idea of translation.

  • September 23, 2016

    Mylan Asks High Court To Rule On Venue For ANDA Cases

    The conduct by defendants up to the time a lawsuit is filed, not speculation about what they may do in the future, should dictate the proper venue for where patent infringement suits under the Hatch-Waxman Act may be filed, generics maker Mylan Inc. has told the U.S. Supreme Court in a closely watched case concerning jurisdiction.

  • September 23, 2016

    HP Says Oracle Using Discovery In Bid To Spy On Its Business

    HP told a California federal judge Thursday that Oracle is abusing discovery in its suit alleging HP support companies distributed copyrighted Oracle code, trying to spy on HP’s business operations, while Oracle said in the joint letter that HP isn't fulfilling its discovery obligations.

  • September 23, 2016

    Software Co. Sues Ex-Ally Under New Trade Secrets Law

    Manufacturing software maker Visim Inc. filed suit in Delaware federal court Wednesday accusing Plex Systems Inc. of stealing proprietary software and algorithms that were covered by confidentiality agreements, in violation of the Defense of Trade Secrets Act of 2016.

  • September 23, 2016

    Stay In Ex-Goldman Coder's Suit Against FBI Is Clarified

    A New Jersey federal judge clarified an opinion staying malicious prosecution claims brought by a former Goldman Sachs Group Inc. programmer who beat a federal conviction over stolen source code, saying Thursday that the accused FBI agent can raise immunity defenses pending the outcome of a related state court appeal.

  • September 23, 2016

    BigLaw Allergy To 'Sorry' On Display In Orrick Sanction Spat

    There are lots of ways to say “I’m sorry,” but BigLaw excels at finding ways around the mea culpa, experts said, despite copious research pointing to the professional — and legally strategic — benefits of a heartfelt apology.

  • September 23, 2016

    Fed. Circ. Says Sprint Patents Wrongly Axed Under Nautilus

    The Federal Circuit on Friday reversed a district judge’s ruling that six Sprint patents on Voice over internet Protocol technology asserted against Cox Communications are invalid as indefinite under the U.S. Supreme Court’s Nautilus ruling, finding that they provide sufficient clarity.

  • September 23, 2016

    Del. Judge Threatens To Tap A Referee In PilePro Battles

    Part of a global feud between founders of a company built around construction piling patents inched ahead in Delaware’s Chancery Court Friday, with a vice chancellor acknowledging that the case has bitter out-of-court dimensions and cautioning he might call in a referee if pretrial delays mount.

  • September 23, 2016

    High Court Asked To Nix PTAB Power To Start AIA Reviews

    Ethicon has urged the U.S. Supreme Court to hear its challenge of the Patent Trial and Appeal Board’s practice of having the same panel that opens an America Invents Act review decide it, arguing it contradicts the law that created the review process.

  • September 23, 2016

    Fed. Circ. Backs DirecTV, Amazon Alice Wins On Streaming IP

    The Federal Circuit on Friday affirmed a lower court’s decisions that two streaming media patents asserted against Amazon.com Inc., DirecTV LLC and the major sports leagues are invalid for claiming only abstract ideas under the U.S. Supreme Court’s Alice decision.

  • September 23, 2016

    Copyright Theft Is Grounds For Deportation, Board Says

    A federal immigration appeals board ruled Friday that copyright infringement is the kind of "crime involving moral turpitude" that can lead to deportation.

  • September 23, 2016

    Madonna’s Copyright Accuser Gets $720K Fee Award Nixed

    A California judge Friday reversed her decision requiring a music publisher that unsuccessfully sued Madonna for infringement over a horn-riff sample to pay the singer’s $720,000 in legal costs, determining the claims were not frivolous or objectively unreasonable after the Ninth Circuit mandated reconsideration.

  • September 23, 2016

    FDA Approves Amgen's Humira Biosimilar

    The U.S. Food and Drug Administration on Friday approved Amgen Inc.’s Amjevita, a biosimilar of AbbVie Inc.’s immunosuppressant Humira — the world’s best-selling drug — for which the two companies are already caught up in patent infringement litigation.

  • September 23, 2016

    Cray Loses Bid To Nix Raytheon IP Infringement Suit

    Cray Inc. lost out on a bid to nix a patent infringement suit from defense contractor Raytheon Inc. Wednesday, after US District Judge Rodney Gilstrap ruled that Cray had sufficient ties to Texas to allow the allegations to move forward.

  • September 23, 2016

    Terix, Execs On Hook For Oracle's $58M Asset Transfer Suit

    A California federal judge on Thursday refused to throw out Oracle America Inc.’s lawsuit accusing Terix Computer Co. and its executives of manipulating assets to wriggle free of a $57.7 million copyright judgment, saying Oracle’s complaint was replete with allegations to support its claims.

  • September 23, 2016

    Fed. Circ. Scraps $10.8M Power Strip Patent Win

    The Federal Circuit on Friday tossed a Nevada federal jury’s $10.8 million patent infringement verdict and kicked the matter back, holding that the lower court erred in how it construed a claim term for a power strip patent.

  • September 23, 2016

    Turtles' Lawyers Denied Cut of $210M Sirius XM Settlement

    A California federal judge on Friday refused to give attorneys for 1960s rock band The Turtles a cut of a $210 million settlement inked between Sirius XM Radio Inc. and the major record labels over so-called pre-1972 recordings, saying he had no power to do so.

  • September 23, 2016

    Health Hires: BakerHostetler, Hinckley Allen, Ballard Spahr

    BakerHostetler has added a life sciences litigator from Fish & Richardson PC to its intellectual property group, Hinckley Allen & Snyder LLP has brought on a veteran federal prosecutor, and Ballard Spahr LLP has rehired a former associate who spent the last two years at University of Pennsylvania-run hospitals as counsel on privacy matters.

Expert Analysis

  • Clinton Vs. Trump On IP Law

    Jack Hicks

    At the presidential debate Monday night, we will hear about the distinct policy differences between Democratic nominee Hillary Clinton and Republican nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But this election also will set the tone for the future of intellectual property law, says Jack Hicks of Womble Carlyle Sandridge & Rice LLP.

  • What The Fed Circ. Says About IPR Estoppel

    Mindy Sooter

    While the exact scope of the inter partes review estoppel provision has not been decided by the Federal Circuit, the issue has been raised by parties to appellate proceedings. In those cases, both the Federal Circuit and the U.S. Patent and Trademark Office have indicated that the estoppel might be narrower than many previously assumed, say Mindy Sooter and Gregory Lantier of WilmerHale.

  • A Powerful ITC Tool For Fighting Counterfeits, Knockoffs

    Aarti Shah

    In fighting counterfeits and knockoffs, do not overlook the option of obtaining a general exclusion order from the U.S. International Trade Commission. The procedure offers significant advantages over district court litigation, trademark registration with U.S. Customs and Border Patrol, and working through website-specific processes, say Aarti Shah, a former senior investigative attorney at the ITC, and James Wodarski of Mintz Levi... (continued)

  • An Opportunity For Patentee To Win PTAB Appeal

    Gregory S. DeLassus

    The Patent Trial and Appeal Board is affirmed far more often than it is reversed at the Federal Circuit, and arguments about procedural defects with the PTAB process have proven particularly unsuccessful. However, arguments about the burden of production might well be an exception. This point is neatly illustrated in two recent cases — Natural Alternatives and Dynamic Drinkware, says Gregory DeLassus of Harness Dickey & Pierce PLC.

  • 10 Considerations When Advertising On Social Media

    David Kluft

    For the most part, the same rules that govern traditional advertising also govern commercial speech on social media. But there are some issues that seem to arise more commonly or even exclusively in the context of social media advertising. What are these issues and how do you think through them? Here are 10 questions to get you started, says David Kluft of Foley Hoag LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • The Potential For Litigation In New Era Of Biosimilars

    Christian Frois

    In recent years, there has been widespread litigation surrounding generic entry across a wide range of therapeutic classes. As biosimilars are now becoming available in the U.S., should we expect similar litigation? The answer is not that simple given the economics of biosimilars as well as some key differences between biologic and chemical drugs, say Christian Frois, Richard Mortimer and Alan White of Analysis Group Inc.

  • Do All Roads Lead To The ITC?

    Carl C. Charneski

    The U.S. International Trade Commission is evidencing the effects of globalization. Six out of the 10 investigations instituted in June 2016 listed foreign companies as co-complainants. Three of those are particularly interesting, says Carl Charneski, counsel at Brinks Gilson Lione and a former administrative law judge at the ITC.

  • Staying Out Of Treble Trouble: Clues From Samsung Case

    Austin Champion

    A judge in the Eastern District of Texas recently became the first federal judge to award enhanced damages for willful patent infringement under the U.S. Supreme Court's Halo standard. Imperium v. Samsung is a strong reminder that treble enhanced damages under Section 284 remain unquestionably on the table for egregious infringement, say Austin Champion and Michael Barbee of Griffith Bates Champion & Harper LLP.

  • Whose Line, Drawing Or Plan Is It Anyway?

    Amy Goldsmith

    Before entering a negotiation, it is imperative for architects and real estate owners to understand how copyright protection intersects with architectural works. Failure to recognize boundaries may lead to litigation over whether an architect may use the plans again or whether a developer may modify the plans if the architect’s services are terminated before the project is finished, say attorneys with Tarter Krinsky & Drogin LLP.