Intellectual Property

  • May 27, 2015

    Fairchild, Power Integrations Tussle In Converter Trial

    Rival chipmakers Fairchild Semiconductor Corp. and Power Integrations Inc. launched the latest round of their long-running patent feud Wednesday, each seeking to convince a Delaware federal jury that the other had violated patents used in energy-efficient power converters.

  • May 27, 2015

    Fitbit Slapped With Trade Secrets Suit Ahead Of IPO

    Ahead of its initial public offering, Fitbit Inc. was hit with a lawsuit on Wednesday in California state court by rival Jawbone, which accused the maker of wearable fitness trackers of poaching employees and stealing trade secrets in order to “decimate” its competitor.

  • May 27, 2015

    Acorda Hits Back At Hedge Fund Manager In PTAB Challenge

    Acorda Therapeutics Inc. pushed back Tuesday against a challenge to its multiple sclerosis drug Ampyra by an organization with close ties to a hedge fund manager, telling the Patent Trial and Appeal Board that a patent for the medicine is valid.

  • May 27, 2015

    Baker Botts Seeks To Uphold Bar On $41M Malpractice Award

    Baker Botts LLP has asked the Dallas Court of Appeals to uphold a jury's verdict from last year relieving them of responsibility in a patent malpractice trial brought by ex-client Axcess International Inc., saying that the jury was right to find that the company was time-barred from collecting a $41 million verdict.

  • May 27, 2015

    Capital One Redoubles Efforts In Intellectual Ventures Beef

    A special master erred by finding two of Intellectual Ventures I LLC’s mobile banking patents legitimate, Capital One Financial Corp. contended Tuesday, in a dual filing where it also argued against a dismissal of its antitrust counterclaims against IV.

  • May 27, 2015

    Apple Blasts Smartflash Bid For $1.6B In Patent Case

    Apple Inc. fired back Tuesday to Smartflash's post-trial bid for enhanced damages, which would triple the $533 million the jury ordered Apple to pay for infringing Smartflash patents for storing digital media to $1.6 billion, calling Smartflash’s motion "extraordinary" and "over-reaching."

  • May 27, 2015

    Tech Investors Fight 'Crap Cleaner' Evidence Wipe Sanctions

    Several tech investors urged a California federal court Wednesday to relieve them from hefty monetary sanctions imposed on them and their former Jackson Lewis PC attorneys after a judge found they destroyed evidence with "Crap Cleaner" software in Clear-View Technologies Inc.'s suit alleging the investors conspired to steal its intellectual property.

  • May 27, 2015

    Turtles Win Class Cert. In $100M Royalties Row With Sirius

    A California federal judge on Wednesday granted class certification in a long-running, $100 million royalties dispute between the Turtles and Sirius XM Radio Inc., ruling the rock band’s proposed class could also include other owners of pre-1972 songs that the satcaster played.

  • May 27, 2015

    Thompson Coburn Snags Ex-Arent Fox Automotive Pro For LA

    Thompson Coburn LLP said Wednesday it has recruited for its Los Angeles office, a former Arent Fox LLP partner with experience advising Asian companies and automotive clients on cross-border transactions, intellectual property litigation and more.

  • May 27, 2015

    High Court Calls For Judges To Get Tough On Patent Trolls

    The U.S. Supreme Court made clear in a decision Tuesday that it believes frivolous suits by patent trolls are a problem and that courts have tools to rein them in, which attorneys say could result in judges more aggressively policing suits by nonpracticing entities.

  • May 27, 2015

    FDA Beats Otsuka Suit Over Abilify Generics

    The U.S. Food and Drug Administration acted permissibly when it approved generic versions of Otsuka Pharmaceutical Co. Ltd.’s antipsychotic Abilify despite remaining market exclusivity for the blockbuster product, a Maryland federal judge ruled Wednesday.

  • May 27, 2015

    Ford Gets Noninfringement Ruling On Abandoned Claims

    A federal judge ruled Tuesday that Ford Motor Co. did not infringe on 30 patents as a matter of law after a holding company abandoned the claims it filed against the automotive giant.

  • May 27, 2015

    Copyright Suit Dismissed After Attorney Is A No-Show

    A New York federal judge on Tuesday tossed a copyright infringement case brought by music label Wall Street Entertainment LLC after the company’s lawyer was a no-show at a scheduled settlement conference.

  • May 27, 2015

    Fox, Universal Accused Of Ripping Off Soundtrack Musicians

    The world’s largest musicians’ union has lodged a California federal suit accusing Twentieth Century Fox Film Corp., Universal City Studios LLC and other movie studios of wrongfully reusing the soundtracks for blockbusters such as “Titanic” and “Die Hard” in other movies and TV shows.

  • May 27, 2015

    Xerox, Others Slam Scanner ‘Patent Troll’ IP In PTAB Review

    Lexmark Corp., Ricoh Americas Corp. and Xerox Corp. blasted a nonpracticing entity for offering a "nonsensical" defense of two document-scanning patents during a Patent Trial and Appeals Board hearing Wednesday, maintaining the claimed inventions just combine decades-old prior art.

  • May 27, 2015

    NJ Justices Won't Hear Dispute Over Generic Drug Settlement

    The New Jersey Supreme Court has declined to review KVK-Tech Inc. and Amrutham Inc.’s bid to overturn a ruling on their settlement with rival pharmaceutical company Novel Laboratories Inc. that bars them from advancing a powder-based version of the brand-name laxative Suprep.

  • May 27, 2015

    Hogan Lovells Expands IP Practice With Ex-Bracewell Atty

    Hogan Lovells announced that it has expanded its intellectual property, media and technology practice with the addition of a former Bracewell & Giuliani LLP partner with a global IP practice focused on the energy industry as partner in its Houston office.

  • May 26, 2015

    SG Tells High Court It Backs Oracle In IP Row With Google

    The U.S. Solicitor General on Tuesday said the U.S. Supreme Court shouldn't hear Google Inc.'s appeal of a lower court ruling that held aspects of Oracle Corp.'s Java programming language can be protected by copyright, according to a filing made publicly available Tuesday.

  • May 26, 2015

    Apple Does Not Infringe 3 Of 4 Unwired Patents, Judge Rules

    A California federal judge ruled Friday that Apple Inc. does not infringe on three cellular and voice recognition patents held by a Nevada company, but allowed a case on a fourth patent to proceed.

  • May 26, 2015

    Attys React To High Court's Induced Infringement Ruling

    On Tuesday, the U.S. Supreme Court ruled a good faith belief that a patent is invalid is not a defense to induced infringement. Here, attorneys tell Law360 why the decision in Commil USA LLC v. Cisco Systems Inc. is significant.

Expert Analysis

  • Supreme Court Simplifies Induced Infringement Litigation

    Colleen Tracy James

    If Justice Antonin Scalia’s view had prevailed in Commil USA LLC v. Cisco Systems Inc., litigating over whether a potential infringer had a good-faith belief in the invalidity of a patent would be very ambiguous. How would one prove he has a good-faith belief that a patent is invalid? This defense would presumably have created a de facto lower threshold for invalidity as a defense to inducement, say Colleen Tracy James and Neil DuC... (continued)

  • FDA Biosimilar Policy: More Questions, More Answers

    Jennifer M. Dienes

    The U.S. Food and Drug Administration's latest draft guidance on biosimilars, which contains new questions and answers not previously provided by the FDA, arrives on the heels of last month's release of three other biosimilar guidance documents, which also included a Q&A regarding implementation of the Biologics Price Competition and Innovation Act, say attorneys at K&L Gates LLP.

  • A Closer Look At Google's New Patent Program

    Kevin Christensen

    Google Inc.’s Patent Purchase Program provides a novel means to acquire patents and, potentially, combat litigation from nonpracticing entities. Whether it will limit NPE activity may not be known for several years, but the program will provide Google with valuable information on NPE activity that it may not otherwise possess, say Kevin Christensen and Deepa Sundararaman of Berkeley Research Group LLC.

  • USPTO Is On The Lookout For Ethical Misconduct

    Michael E. McCabe Jr.

    Almost every day, online legal publications run articles on the latest motion for, or court decision on, some form of attorney misconduct. Certain words in these decisions and news articles are known to capture the attention of the U.S. Patent and Trademark Office’s disciplinary police — including “frivolous,” “willful,” “nonsensical" and "should have known," says Michael McCabe of Funk & Bolton PA.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • 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.