Intellectual Property

  • September 15, 2014

    Robin Thicke Backpedals On Gaye's Impact On 'Blurred Lines'

    Singer Robin Thicke told a deposing attorney in Marvin Gaye's children's copyright suit that he lied to interviewers about his megahit “Blurred Lines” being inspired by the rhythm and blues legend, with Thicke explaining he had been on alcohol and drugs during the songwriting and exaggerated his creative role, according to documents filed Monday.

  • September 15, 2014

    Band Seeks Legal Death Blow In $100M Sirius Royalties Fight

    Members of rock band The Turtles suing Sirius XM Radio Inc. in a $100 million class action over unpaid royalties urged a California federal judge Monday to rule in their favor on the suit’s key issue — whether state law grants artists performance rights for songs recorded before 1972.

  • September 15, 2014

    United Reaches Deal With Arista, Sony In Royalties Fight

    United Air Lines Inc. reached a deal with units of Arista Records Inc., Sony Corp. and other record labels that said the airline cheated them out of royalties for music used in its in-flight entertainment, according to an order in New York federal court on Monday.

  • September 15, 2014

    CBS Hit With $1.3M Verdict In Personal Audio Patent Suit

    A Texas federal jury on Monday ordered CBS Corp. to pay $1.3 million in damages after finding that it infringed a patent on disseminating media content that patent licensing firm Personal Audio LLC has asserted against numerous media companies and podcasters.

  • September 15, 2014

    Toyota Stole Research Co.'s Survey Methods, Jury Hears

    A Dallas market research firm told a Texas federal jury Monday that Toyota Motor Sales USA Inc. misappropriated its trade secrets related to a multicultural and multilingual survey of minority groups, kicking off a trial that accuses the automaker of exploiting proprietary research strategies.

  • September 15, 2014

    Fed. Circ. Snubs Hitachi's Retrial Bid In TV Patent Row

    The Federal Circuit on Monday shot down Hitachi Consumer Electronics Co Ltd.’s bid for judgment or a new trial in its case against TPV Technology Ltd. over digital broadcasting patents, refusing to disturb a jury’s finding that TPV hadn’t infringed and that two of the patents were invalid.

  • September 15, 2014

    Teva, AstraZeneca Want Expert Nixed From Nexium Trial

    Drugmakers Teva Pharmaceutical Industries Ltd. and AstraZeneca PLC on Friday asked a Massachusetts federal judge to bar a pharmaceutical expert from testifying at an upcoming pay-for-delay antitrust class action trial over Nexium, saying the witness' calculation of reasonable royalty rates was unreliable.

  • September 15, 2014

    Fed. Circ. Won't Consider Sales Ban On Generic Latisse

    The Federal Circuit on Friday refused to reconsider its decision to lift an injunction on generic versions of Allergan Inc.'s eyelash growth stimulant Latisse after previously ruling that two patents covering the drug were obvious in light of prior art.

  • September 15, 2014

    Energy Drink Co. Calls Monster A 'Trademark Bully'

    Trademark happy Monster Energy Co. was hit with a preemptive lawsuit on Monday over a threat letter it sent to a small Montana drink maker — a suit that calls Monster a “trademark bully.”

  • September 15, 2014

    Publicity Rights Can Be Assigned, Calif. Appeals Court Says

    Publicity rights can be assigned to other parties — and those parties can litigate those rights — a California appeals court found in a published ruling Friday, reversing a lower court's decision to nix Timed Out LLC's misappropriation-of-rights case against cosmetic surgery company Youabian Inc.

  • September 15, 2014

    7th Circ. Fair Use Ruling Rips 2nd Circ.'s Cariou Decision

    The Seventh Circuit ruled Monday that T-shirts mocking a Wisconsin mayor were covered by the fair use doctrine — but took the opportunity to sharply criticize the Second Circuit's controversial fair use ruling last year against photographer Patrick Cariou.

  • September 15, 2014

    Cowan Attys Urge Court To Toss Inventor's Malpractice Suit

    Cowan Liebowitz & Latman PC on Monday urged a New York federal court to sanction an inventor and toss her malpractice suit alleging the firm shared her inventions, saying she constantly ignores court orders to stop making discovery demands outside the scope of her claims.

  • September 15, 2014

    USPTO Telework Whistleblowers Describe 'Severe' Abuse

    Amid a congressional investigation and newly released whistleblower reports describing "severe" problems with patent examiners being paid for not doing work, the U.S. Patent and Trademark Office said Friday that it will take "any measures necessary" to improve its telework program.

  • September 15, 2014

    Gilead, Indian Generic Cos. Reach Deals Over Hep C Drug

    Gilead Sciences has reached deals with seven generic drug manufacturers in India to sell cheaper versions of its $1,000-per-pill hepatitis C drug Sovaldi, roughly a month after the company won the rights to the groundbreaking medicine, it said in a Monday announcement.

  • September 15, 2014

    EBay To Seek Sanctions Over Dropped Patent Re-Exam Suit

    Landmark Technology LLC on Monday dropped a suit claiming that eBay Inc. "maliciously" challenged the validity of its e-commerce patents in re-examinations, but eBay said it will still seek to have Landmark sanctioned under a law barring suits that target constitutionally protected activity.

  • September 15, 2014

    Life Tech, Illumina Settle DNA Patent Row

    Life Technologies Corp. and Illumina Inc. on Friday agreed to settle with undisclosed terms their disputes over DNA amplification and analysis patents, ending Life Tech’s Federal Circuit appeal of a California federal judge’s decision siding with Illumina.

  • September 15, 2014

    Walgreen Blasts 'Chutzpah' Of Attys' Fee Bid In Pfizer MDL

    Walgreen Co. urged a New Jersey federal court Friday to deny class counsel a cut of the fees from Walgreen's antitrust settlement with Pfizer Inc. over its epilepsy treatment Neurontin, saying class counsel in the multidistrict litigation actively worked against Walgreen after it opted out of the class.

  • September 15, 2014

    Uber Calls Ride Data Proprietary In Pa. Service Fight

    Uber Technologies Inc.'s Pennsylvania unit told regulators Friday that its bid to provide ride-sharing services on an experimental basis in the state should not be derailed by its refusal to provide trip data during hearings, calling the data a trade secret.

  • September 15, 2014

    Dow Jones Is Owed $5M Over Headline Theft, Judge Says

    A federal magistrate said Monday that Wall Street Journal owner Dow Jones & Co. should be awarded the full $5 million it's seeking from an audio news service called Ransquawk, which was found liable this year for instantaneously rebroadcasting news headlines without permission.

  • September 15, 2014

    Fed. Circ. Affirms Symantec Win In Security Patent Row

    The Federal Circuit on Monday handed a win to security software maker Symantec Corp. in a patent infringement suit brought against it and two other companies by Finjan Inc., affirming a lower court ruling that they did not infringe on two patents for protecting computers from hostile downloads.

Expert Analysis

  • Takeaways For Generics After Octane And Highmark

    Charles J. Andres Jr.

    The U.S. Supreme Court’s replacement of a “rigid” circuit court rule in Highmark Inc. v. Allcare Health Management System Inc. and Octane Fitness LLC v. Icon Health & Fitness Inc. with a more flexible standard has ample precedent, thus although fee-shifting awards as an equitable remedy should still be the exception we anticipate their frequency to increase, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • A Powerful Patent Prosecution Tool: Challenging Assertion

    Christopher Hall

    A patent examiner makes an assertion in an office action that seems disconnected from the facts at hand. You present an alternative, but the discussion is simply swept aside by the examiner. There is a sometimes overlooked formal mechanism that we find very effective in cases with, shall we say, challenging examination, says Christopher Hall of Womble Carlyle Sandridge & Rice LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • IP Has To Learn How To Survive In A 3D-Printable World

    Bradley Ellis

    Desktop 3D printing is experiencing rapid triple-digit growth. This manufacturing revolution will severely test the current legal regime for protection of intellectual property and brand names in much the same way the advent of the digital age challenged the music, film and publishing industries, says Bradley Ellis of Sidley Austin LLP.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • Now Arriving: New Wave Of Patent Validity Challenges

    Clifton E. McCann

    The first petition for post-grant review was filed in the U.S. Patent and Trademark Office on Aug. 5, 2014. Despite the delayed start, these proceedings will help challengers resolve disputes and open new markets, says Clifton McCann of Thompson Hine LLP.

  • What FTC Is Saying In 1st Post-Actavis Pay-For-Delay Case

    Steven Sunshine

    The Federal Trade Commission’s complaint in FTC v. AbbVie Inc. marks a key development because it is the first FTC reverse-payment case to be filed in the wake of Actavis. It also represents a departure from the FTC’s approach in these cases in that it alleges that the underlying patent infringement litigation was baseless and motivated by anti-competitive purposes, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • At The ITC, Even The Rulemaker Has To Follow The Rules

    Christopher May

    The Federal Circuit's recent decision in Align Technology Inc. v. U.S. International Trade Commission highlights a loophole in current ITC rules — limitations on the ITC’s ability to review the denial of summary determination motions on threshold issues — that the commission is likely to consider closing, says Christopher May of McDermott Will & Emery LLP.

  • A Look At Constitutional Challenges To Redskins Decision

    Richard Crudo

    Although the ruling in the Washington Redskins trademark case has garnered much fanfare, Pro-Football Inc.’s constitutional challenges to that decision and Section 2(a) of the Lanham Act have received relatively little attention, say Vinita Ferrera and Richard Crudo of WilmerHale.