Intellectual Property

  • September 30, 2014

    BD Stuck With $114M Antitrust Verdict After New Trial Denied

    A Texas federal judge on Tuesday rejected Becton Dickinson & Co.'s bid to ax a $113.5 million damages verdict in favor of Retractable Technologies Inc. and send the syringe market monopolization case back to a jury for a new trial, ruling that evidence presented during trial supported the jury's findings.

  • September 30, 2014

    John Wayne Estate's Suit Against Duke University Rejected

    A California federal judge on Tuesday sent packing John Wayne Enterprises LLC’s declaratory suit against Duke University over trademarks for alcoholic drinks bearing the late actor’s “Duke” nickname, ruling the court lacks jurisdiction over the North Carolina school’s because of its limited contacts in California.

  • September 30, 2014

    Influential Women In IP Law: Jennifer Albert

    Goodwin Procter LLP partner Jennifer Albert has made a name for herself over her 25-year career by taking on the IP unknown, including a case that produced the first precedential ruling under the proceedings created by the America Invents Act, landing her among Law360's Most Influential Women In IP Law.

  • September 30, 2014

    Wood Herron Attys Sanctioned For 'Reckless' IP Case Conduct

    A federal judge on Monday sanctioned two Wood Herron & Evans LLP attorneys for making misleading statements that the judge called "beyond reckless" while defending radar detector maker Escort Inc. in a patent suit.

  • September 30, 2014

    NetApp Wins $1.4M In Fees For 'Reckless' Patent Suit

    A Delaware federal judge has ordered a patent holding company to pay nearly $1.4 million in attorneys' fees to NetApp Inc. for engaging in a “reckless and wasteful” patent infringement lawsuit, saying the case is exceptional under the U.S. Supreme Court's recent Octane Fitness ruling.

  • September 30, 2014

    Marvell Faces $10M IP Claim As France Telecom's Trial Closes

    France Telecom SA slammed chipmaker Marvell Semiconductors Inc. as it wrapped its two-week patent infringement trial Tuesday, telling a California federal jury in closing arguments that Marvell should pay roughly $10 million for signing deals to supply mobile devices with 3G chips that infringed an error-correction patent.

  • September 30, 2014

    Fross Zelnick Dodges Buck Rogers Malpractice Claims

    A New York state appeals court on Tuesday ruled that a family trust failed to show a cause for claiming Fross Zelnick Lehrman & Zissu PC committed malpractice when the firm did not resolve a dispute over the trust’s ownership of the rights to comic-strip character Buck Rogers.

  • September 30, 2014

    3rd Circ. Won't Rehear Ex-Goldman Coder's $2.3M Fee Case

    Goldman Sachs Group Inc. need not pay the $2.3 million legal bill of a former computer programmer facing charges for stealing high-frequency-trading code, the Third Circuit said Monday, denying his bid to have the full appeals court reconsider his argument that Goldman's officer insurance covered all vice presidents like him.

  • September 30, 2014

    Apple Targets Aylus TV Streaming Patent For Review

    Apple Inc. on Monday filed a petition for inter partes review of an Aylus Networks Inc. wireless video streaming patent that its Apple TV digital media player is accused of infringing, arguing that the patent is obvious in light of a standard developed by Microsoft Corp.

  • September 30, 2014

    Fed. Circ. Slices Nonobvious Ruling In Golf Club Patent Row

    The Federal Circuit on Tuesday vacated a Patent Trial and Appeals Board ruling that certain claims in a golf club patent assigned to Dogleg Right Corp. aren’t obvious, saying the board failed to consider that the concept of pressing materials into a club was common knowledge when the invention was created.

  • September 30, 2014

    Crowell & Moring Snags Kelley Drye IP Pro In DC

    Crowell & Moring LLP has beefed up its Washington D.C. office with an intellectual property attorney with a specialty in advertising and consumer brand protection matters it lured from Kelley Drye & Warren LLP.

  • September 30, 2014

    Electronics Case Maker Wants Eclipse Patents Ruled Invalid

    Electronics case maker Incase Designs Corp. hit nonpracticing entity Eclipse IP LLC with a lawsuit in California federal court on Monday, saying it was responding to threats of litigation over its online ordering system and seeking a declaration that three of Eclipse’s patents are invalid and not infringed.

  • September 30, 2014

    Pinnacle Restores Distributor's Contract In Suit Settlement

    Pinnacle Foods Group LLC on Monday settled a contract and trade secrets suit in Florida federal court brought by Miami-based distributor Del Valle Brands Inc., agreeing to rescind its termination notices on exclusive Mexico and Caribbean distribution agreements for its various brands, including Duncan Hines.

  • September 30, 2014

    EU-Canada Deal's Cheese Provisions Enrage US Dairy Groups

    U.S. dairy industry organizations on Tuesday blasted the newly struck trade agreement between Canada and the European Union, crying foul over the deal's tightening of market access for U.S. cheese producers and its stringent geographical indication rules.

  • September 30, 2014

    Hyundai Slams Supplier's Bid To Toss Counterfeit Parts Row

    Hyundai Motor America Inc. on Monday urged a California federal judge to reject a bid to toss its suit accusing Pinnacle Group LLC of importing and selling Hyundai-branded auto parts and falsely marketing them as “genuine,” saying it isn’t trying to shut down competition but rather stop the illegal activity from continuing.

  • September 29, 2014

    MP3Tunes Exec Gets $48M EMI Verdict Slashed

    A New York federal judge cut record label EMI’s $48 million jury verdict against defunct music storage service MP3Tunes and its founder by about $33 million on Monday, ruling many of EMI’s claims were “just too big to succeed,” with little evidence for their key liability theories.

  • September 29, 2014

    IP Firm Says Rival Can’t Dodge 'Webb' Trademark Claim

    Pennsylvania intellectual property firm The Webb Law Firm PC on Monday asked a federal judge to nix a summary judgment motion lodged by a similary named West Virginia firm, arguing that it is a victim of trademark violation.

  • September 29, 2014

    Roy-G-Biv, ABB Settle Patent Case After Rare AIA Review

    Roy-G-Biv Corp. and engineering company ABB Inc., which were embroiled in a software patent infringement dispute that led to a landmark inter partes review finding, told a Texas federal court Monday that they agreed to settle the litigation and dismiss all claims with prejudice.

  • September 29, 2014

    Ford Sues Car Equipment Co. For Hacking, Copying Database

    Ford Motor Co. sued vehicle diagnostic equipment company Autel US Inc. and an affiliate on Monday in Michigan federal court, alleging Autel had hacked into one of Ford's software programs and copied information for use in its diagnostic tools.

  • September 29, 2014

    Justices Asked To Mull Jurisdiction In Wrench Patent Fight

    Taiwanese companies Porauto Industrial Co. Ltd. and Accuaire Corp. recently took their wrench patent row with another Taiwanese company to the U.S. Supreme Court, claiming the Federal Circuit had stumbled by not forcing a lower court to use its reasonableness standard in deciding whether the dispute should be litigated in Nevada.

Expert Analysis

  • An Update On The Status Of EU Unitary Patents

    Frank Peterreins

    There no longer appears to be much doubt that the EU Unified Patent Court Agreement will receive the minimum required ratification, however the schedule is stretching out. While implementation was initially expected in 2015, the Unified Patent Court and unitary patent now appear unlikely to be available before spring 2016, say Frank Peterreins and John Pegram of Fish & Richardson PC.

  • Fed. Circ. Wrestles With Conflicting Court And PTO Rulings

    Robert Sloss

    When a district court and the U.S. Patent and Trademark Office reach conclusions at odds with one another in a patent litigation, the litigants are forced to continue the fight until the situation gets sorted out. Within the past year, the Federal Circuit has issued three decisions that bring some clarity to this murky area, says Robert Sloss of Procopio Cory Hargreaves & Savitch LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Lessons From 2 Years Of AIA Post-Grant Proceedings

    Michael Kasdan

    With a growing body of inter partes review decisions to draw from, there are seven tips and strategies for petitioners to keep in mind when proceeding with an IPR, say Joseph Casino and Michael Kasdan of Wiggin and Dana LLP.

  • The Most Important New Changes To Russian IP Law

    Irina Stepanova

    New amendments bring Russian intellectual property law more into line with practices in other jurisdictions and will have a positive effect on the protection and enforcement of IP rights in Russia, says Irina Stepanova of Baker Botts LLP.

  • Good News For Originators Of Antibody Products

    Andrew Sharples

    In Eli Lilly and Company v. Human Genome Sciences Inc., the English Patents Court recently gave its interpretation of the EU Court of Justice’s most recent decision on supplementary protection certificates. In doing so, the court confirmed that SPCs are available based on patents with claims that define the product in functional terms only, say Andrew Sharples and Emma Muncey of EIP.

  • Trends From 2 Years Of AIA Post-Grant Proceedings

    Joseph Casino

    The last two years conclusively demonstrated that the American Invents Act's post-grant validity trial procedures have radically changed the patent litigation landscape. Such challenges have become ubiquitous and quite successful, say Joseph Casino and Michael Kasdan of Wiggin and Dana LLP.

  • Tests For Design Patent Infringement Post-Egyptian Goddess

    Anthoula Pomrening

    Whether prior art is considered in a design patent infringement analysis appears to be a function of the level of similarity between the patented design and the accused product, the crowded or uncrowded nature of the pertinent art and, frankly, the conscientious nature of a particular court, say attorneys with McDonnell Boehnen Hulbert & Berghoff LLP.

  • Fed. Circ. Intel Case Shows Perils Of Co-Owning Patents

    Matthew Siegal

    The Federal Circuit's recent decision in STC.UNM v. Intel Corp. provides patent co-owners a stark reminder that they should clearly and carefully identify their rights and obligations with respect to the co-owned patent — or face surprises, says Matthew Siegal of Stroock & Stroock & Lavan LLP.

  • Navigating Terms Of Degree Post-Nautilus

    Sunjeev Sikand

    While the case law on indefiniteness continues to evolve, recent rulings offer valuable insight into how one might use the U.S. Supreme Court decision in Nautilus Inc. v. Biosig Instruments Inc. as a tool to attack and defend claim terms of degree in litigation, and also provide some much-needed guidance to patent prosecutors when drafting claims, says Sunjeev Sikand of RatnerPrestia PC.