Intellectual Property

  • July 22, 2014

    US Foods Accuses Ex-Managers Of Conspiring With Rival

    US Foods Inc. on Monday sued rival Latina Boulevard Foods LLC and former employees in Illinois federal court, alleging that Latina poached US Foods managers, who shared their former employer's trade secrets and conspired to snatch away its customers.

  • July 22, 2014

    No Deal In Stryker's Suit Over $3M Scheme, Judge Says

    A Michigan federal judge on Tuesday refused to enforce an alleged settlement between Stryker Corp., Biomet Inc. and a former Stryker employee the company's contract suit accused of costing Stryker $3 million by sabotaging its ability to compete, finding no proof that a deal had been reached.

  • July 22, 2014

    Walgreen Says Rival Pharmacy Poached Ex-Employees

    Walgreen Co. on Monday sued competitor Pharmacy Solutions Inc. in Idaho federal court, accusing its rival of poaching managers who possess trade secrets from an Idaho business specializing in home infusion therapy that Walgreen had acquired only months before.

  • July 22, 2014

    Closer Eye On Software Patents Boosting Clarity, USPTO Told

    Though recent U.S. Supreme Court rulings have not provided much help, the U.S. Patent and Trademark Office's efforts to more closely scrutinize software patents is reducing the incentive for patent applicants to seek vague, broad claims, experts told USPTO officials at a forum Tuesday.

  • July 22, 2014

    HP, Palm Settle Trademark Suit Over 'Chubby Checker' App

    Chubby Checker has reached an undisclosed settlement with Hewlett-Packard Co. and Palm Inc. in a case accusing a penis size measurement app called “The Chubby Checker” of infringing the famous musician's trademark, according to papers filed in California federal court Tuesday.

  • July 22, 2014

    Warner Bros. Can't DQ Greenberg Glusker In $80M 'Hobbit' Suit

    A California federal judge on Tuesday denied Warner Bros. Home Entertainment Inc.’s bid to keep Greenberg Glusker Fields Claman & Machtinger LLP from representing J.R.R. Tolkien's estate in an $80 million copyright suit over "The Lord of the Rings"-themed gambling games, saying Greenberg made concessions that mooted the motion.

  • July 22, 2014

    Benihana Scores Double Win In Trademark, Libel Suits

    Private equity-owned Japanese restaurant chain Benihana Inc. escaped two separate suits Tuesday after a Delaware federal judge agreed to dismiss both Benihana of Tokyo Inc.'s claims that it violated a merger agreement with foreign trademark applications and a defamation suit lodged by the restaurant founder's widow.

  • July 22, 2014

    Spansion Targets Macronix Patents In PTAB Review Petitions

    Flash memory maker Spansion Inc. said Monday it had launched three petitions at the Patent Trial and Appeal Board to invalidate three Macronix International Co. Ltd. patents for nonvolatile memory products being used in a U.S. International Trade Commission investigation.

  • July 22, 2014

    WTO Dispute Roundup: Russia-EU Feuds Advance, GPX Intact

    In Law360's latest roundup of proceedings before the World Trade Organization's Dispute Settlement Body, two import policy fights between the European Union and Russia head for adjudication, members formally adopt WTO findings on a controversial U.S. trade law, and the U.S. and China continue sparring over banking regulations.

  • July 22, 2014

    BMW's Swiveling Headlights Targeted In Patent Suit

    A BMW Group unit was hit with a lawsuit on Monday alleging its movable headlights that can turn to illuminate the road around curves is stolen technology that infringes on a patent owned by another company, according to a complaint filed in Delaware federal court.

  • July 22, 2014

    Ex-Hotfile CEO Says He Can't Be Sued In US Court

    The chief executive of defunct file-sharing site Hotfile Corp. urged a Florida federal judge Monday to dismiss a copyright infringement lawsuit lodged by McGraw-Hill Education and other text book publishers, saying he couldn't be sued in the U.S. court.

  • July 22, 2014

    Fewer Companies Slashing IP Budgets, Report Says

    Intellectual property budgets at U.S. companies are being cut less drastically, according to a report released on Tuesday by foreign patent filing service provider Inovia, which found that only 33 percent of companies are working on a reduced budget going into 2014 as compared with about 66 percent three years ago.

  • July 22, 2014

    Vedder Price Snags Merck Patent Pro For NY Office

    Vedder Price PC has added the former legal director of patents for pharmaceutical giant Merck & Co. Inc. to the intellectual property group at its New York office, the firm announced Monday.

  • July 22, 2014

    Citing 'Post-It,' TTAB Refuses Trademark For 'Flag-It!'

    Citing the widespread fame of 3M Co.'s Post-it notes, the Trademark Trial and Appeal Board has refused to register the term “Flag-it!” for a line of similar adhesive-backed labels.

  • July 22, 2014

    IP Exchange Opens For Trading With JPMorgan Patents

    A Chicago-based company that operates a stock-market-like financial exchange for intellectual property announced Monday that it has opened for trading on its first patent offerings, contracts that give the rights to patents on prepaid debit card technology owned by JPMorgan Chase Bank NA.

  • July 22, 2014

    Michael Jackson's Estate Seeks To Trim 3-D Patent Claims

    The estate of Michael Jackson urged a Nevada federal judge on Monday to toss part of an infringement suit over technology used to create a hologram version of the King of Pop during the 2014 Billboard Music Awards, saying that one asserted patent describes different technology than was used at the award show. 

  • July 21, 2014

    Kilpatrick Snags IP, Employment Experts From K&L Gates

    Kilpatrick Townsend & Stockton LLP said Monday it has lured two lawyers from K&L Gates LLP with expertise in intellectual property, employment and competition matters, as well as class actions, to round out its California office in Silicon Valley.

  • July 21, 2014

    No Domestic Industry For Realtek Patent, ITC Says

    The U.S. International Trade Commission on Monday largely upheld an administrative law judge’s decision finding that Realtek Semiconductor Corp. could not turn to the ITC to enforce a patent for integrated circuit chip technology, ruling that Realtek had not demonstrated a domestic industry.

  • July 21, 2014

    Google Can't Shake Rockstar Search-Engine Patent Suit

    A Texas federal judge on Monday refused to toss Rockstar Consortium US LP Inc.'s suit accusing cellphone companies of infringing seven of its patents by making and selling mobile devices using Google Inc.'s Android operating system, ruling Rockstar's claims are sufficiently specific.

  • July 21, 2014

    LG Must Arbitrate With Wi-LAN In TV Patent Suit

    LG Electronics Inc. will have to face technology patent licensing company Wi-LAN Inc. in arbitration in a dispute over whether certain LG television models infringe patents it doesn’t own, a New York federal judge ruled Monday.

Expert Analysis

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • PTAB Adopts Dueling Evidentiary Standards

    Sunjeev S. Sikand

    The need to rely upon routine business practice — and for application of a consistent evidentiary standard — to establish a reference’s public accessibility is particularly acute in the Internet age. It would benefit practitioners and their clients if the Patent Trial & Appeal Board recognized the tension in its rulings and offered clearer guidance, says Sunjeev Sikand of RatnerPrestia.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • A Brief History Of Unreasonable Royalties

    Daniel Brean

    A fresh reading of Section 284 of the 1952 Patent Act would reaffirm its compensatory nature and discard artificial legal constructs — like that in Georgia-Pacific Corp. v. United States Plywood Corp. — that restrict the plain meaning of the term “reasonable royalty,” says Daniel Brean of The Webb Law Firm PC.

  • Keys To IP Collaborations With Universities: Part 1

    Lance Anderson

    Despite the benefits of working with academia, there remain significant distinctions in the core missions between research institutions and for-profit companies. Without understanding these distinctions, for-profit companies often run the risk of frustrating relationships, or worse, compromising their own intellectual property positions, say attorneys with Greenberg Traurig LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • A Framework For Drafting Global Patent Applications

    Stephen Keefe

    Putting market strength and patent strength on a sliding scale, and using strength in one area to prop up weakness in the other area, the two criteria can form a framework to help optimize globally oriented patent drafting, says Stephen Keefe of Rabin & Berdo PC.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Can A Domain Name Trump Trademark Rights?

    Roberta Horton

    Courts seemingly have not faced a domain name registrant’s claims to enjoin use of a subsequently adopted trademark. Yet, there is hope for the registrant. By using the name prominently to distinguish goods and services, and seeking federal registration, the domain name holder should make a good case for prevailing in a dispute with a junior trademark user, say attorneys with Arnold & Porter LLP.