Intellectual Property

  • September 22, 2014

    The Turtles Deal Big Blow To Sirius In $100M Royalties Fight

    Members of rock band the Turtles scored a major win in their $100 million royalties class action against Sirius XM Radio Inc. on Monday when a California federal judge ruled Sirius infringed copyrights by broadcasting songs recorded before 1972 without paying royalties for performance of the recording.

  • September 22, 2014

    Christie's Tries To Avert Rehearing Of Royalty Act Challenge

    Christie’s Inc., Sotheby’s Inc. and eBay Inc. Friday tried to steer the Ninth Circuit away from rehearing a class of artists' appeal of their challenge to California’s Resale Royalties Act, claiming there was no conflict between previous appeals decisions on what state actions were barred by the federal Commerce Clause.

  • September 22, 2014

    Fight Over Nortel $7.3B Liquidation Haul Nears End

    The long cross-border battle over how to dole out $7.3 billion raised by Nortel Networks Corp.'s liquidation entered the home stretch on Monday, with parties focusing on the intellectual property that accounted for the bulk of the proceeds brought in by the telecom's breakup.

  • September 22, 2014

    Fed. Circ. Scuttling Legit Declaratory Suits, Justices Told

    Saying that the Federal Circuit's "inflexible" approach to deciding whether courts can hear declaratory judgment suits unduly restricts such cases, StoneEagle Services Inc. has asked the U.S. Supreme Court to review a decision tossing its suit over the inventorship of an electronic payment system.

  • September 22, 2014

    Pantech Must Face Rockstar's IP Suit Over Android Phones

    A Texas federal judge on Monday refused to toss Apple Inc.-backed Rockstar Consortium US LP’s suit accusing Pantech Co. Ltd. of patent infringement by making and selling smartphones with Google Inc.’s Android operating system, saying Pantech’s arguments were already rejected in related suits.

  • September 22, 2014

    USPTO Nixes Numerous Re-Exams In Cisco Patent Dispute

    The U.S. Patent and Trademark Office has partially terminated re-examination proceedings for four communications network patents held by VirnetX Inc., saying a Texas federal judge's ruling on the validity of several of the patents' claims in a related suit precludes continuation of their re-examination.

  • September 22, 2014

    Covington Atty Seeks To Escape Subpeona In Nexium MDL

    A Covington & Burling LLP attorney blasted a bid by plaintiffs in an upcoming pay-for-delay trial in multidistrict litigation against AstraZeneca PLC and others over the heartburn drug Nexium to force him to offer live testimony via video feed, saying that a prerecorded deposition should suffice. 

  • September 22, 2014

    Diageo, Explorers Club Settle Suit Over Johnnie Walker Line

    Liquor giant Diageo PLC and New York City's famed Explorers Club have settled a legal dispute over use of the club's name on a special line of the distiller's Johnnie Walker whiskey, the parties announced Friday.

  • September 22, 2014

    LiveJournal Beats Copyright Suit With Safe Harbor Defense

    A California federal judge on Friday ruled in favor of social network operator LiveJournal Inc. in a copyright suit brought by Mavrix Photographs LLC over allegedly infringing photos that were posted to LiveJournal’s online community, saying the defendant is entitled to safe harbor protection in the case.

  • September 22, 2014

    Oracle, Myriad Resolve Java Software Licensing Dispute

    Oracle America Inc. and Swiss mobile software company Myriad Group AG said Monday they had settled their nearly four-year intellectual property and unfair competition dispute over Java technology, more than a year after the Ninth Circuit ruled that an arbitrator should decide whether Myriad could force arbitration.

  • September 22, 2014

    Dish, Fox Duel Over What Aereo Means For Hopper DVR Fight

    Dish Network Corp. and Fox Broadcasting Inc. are duking it out over whether the U.S. Supreme Court's recent Aereo ruling should spell doom for DVR features that let Dish subscribers stream recorded television shows over the internet.

  • September 22, 2014

    FTC's Top IP Atty Says SEP Abuse Still A Priority

    Antitrust enforcers may not have been making as much news lately for their efforts on standard essential patents, but that doesn't mean that they no longer have concerns over intellectual property owners possibly taking unfair advantage of those patents, the Federal Trade Commission's chief IP counsel said Monday.

  • September 22, 2014

    Alfresco Gets Open Text's Marketing Patents Nixed Under Alice

    A California federal judge on Friday invalidated two Open Text SA patents on methods of getting online customer feedback that Alfresco Software Ltd. was accused of infringing, ruling that they claim nothing more than abstract ideas under the U.S. Supreme Court's recent Alice Corp. decision.

  • September 22, 2014

    Par Pays $100M To Settle Suit Over Generic Heartburn Drug

    Par Pharmaceutical Cos. has agreed to pay $100 million to Salix Pharmaceuticals Inc. unit Santarus Inc. to resolve claims Par's generic version of the heartburn drug Zegerid infringed Santarus' patents, according to a Monday filing with the U.S. Securities and Exchange Commission.

  • September 22, 2014

    Activision Attacks Ex-Dictator Noriega's 'Absurd' IP Suit

    Activision Blizzard Inc. on Monday urged a California state judge to toss Manuel Noriega's "absurd" suit alleging the video game manufacturer illegally copied the deposed Panamanian dictator's image and likeness to portray a villainous character in “Call of Duty: Black Ops II” without permission.

  • September 22, 2014

    NCAA, Plaintiffs Seek Speedy Trial In Athlete Pay Appeal

    The National Collegiate Athletic Association on Friday urged the Ninth Circuit to speed up the briefing schedule in its appeal of a judge’s decision that it violated antitrust laws by conspiring to deprive college athletes of compensation for licensing their names, images and likenesses.

  • September 22, 2014

    BP Settles $146M Suit Over Deepwater Containment Design

    BP PLC has settled a $146 million suit in Texas federal court that accused the oil and gas giant of stealing a Florida man's proprietary design for a containment system allegedly used to stem the torrential subsea oil spill caused by the Deepwater Horizon disaster.

  • September 22, 2014

    Pfizer Pushes To Ax Rest Of Lipitor Pay-For-Delay Suit

    Pfizer Inc. and Ranbaxy Laboratories Ltd. urged a New Jersey federal judge on Friday to toss indirect purchasers' antitrust suit in multidistrict litigation challenging a purportedly anti-competitive patent infringement settlement between the companies over Lipitor, saying the claims were doomed after a similar direct purchaser action was recently dismissed.

  • September 22, 2014

    Redskins Should Have Sued USPTO, Not Indians: Blackhorse

    The group of American Indians who won the ruling earlier this year canceling the Washington Redskins trademark registrations urged a Virginia federal judge Monday to toss the team's appeal of the decision, saying the case was filed against the wrong defendants in the wrong court.

  • September 22, 2014

    Quinn Emanuel, Samsung Lose Bid To Lower $2M Leak Penalty

    A federal judge on Friday refused to reduce the $2 million in sanctions imposed on Quinn Emanuel Urquhart & Sullivan LLP and Samsung Electronics Co. Ltd. for disclosing confidential information during the Apple Inc. smartphone patent case, saying they hadn't shown the award was excessive.

Expert Analysis

  • Patent Exhaustion 1 Year After Kirtsaeng

    Alicia Carney

    Although the sample size of cases is presently small, it appears that last year's U.S. Supreme Court decision in Kirtsaeng v. John Wiley & Sons Inc. has at least weakened patent exhaustion's territorial requirement, says Alicia Carney of Fisch Sigler LLP.

  • Tips On Disclosing Embodiments In Patent Apps Overseas

    Stephen Keefe

    Getting too used to permissive rules for claim amendment support before the U.S. Patent and Trademark Office can catch up with American patent attorneys as they prosecute and enforce intellectual property rights abroad, says Stephen Keefe, an attorney with Rabin & Berdo PC and former patent examiner at the USPTO.

  • Purple Is The New Orange: A New Book On Biosimilars

    Christopher J. Betti

    While the U.S. Food and Drug Administration's Purple Book has been colloquially referred to as an “Orange Book equivalent,” the two contain distinct types of information — their differences reflect the unique nature of biologics and the 351(k) approval process, say attorneys at K&L Gates LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Should PTAB Apply Broadest Reasonable Construction In IPR?

    Eric Cohen

    Patent Trial and Appeal Board decisions that have applied the broadest reasonable interpretation standard should be analyzed before Congress passes legislation to require a different claim construction standard. A study is necessary to determine whether and how a different claim construction standard would have made any difference in the decisions, says Eric Cohen of Katten Muchin Rosenman LLP.

  • A Case To Study On Patent And Trade Dress Protection

    Anthony V. Lupo

    The Fourth Circuit's ruling in McAirlands Inc. v. Kimberly-Clark Corp. highlights the intersection of patent and trade dress protection — while utility patents provide inventors a limited monopoly over functional aspects of a product, trade dress affords potentially perpetual protection for nonfunctional designs that associate a product with a manufacturer or source, say attorneys at Arent Fox LLP.

  • 5 Things You Should Know About Post-Grant Review

    Jeff Vockrodt

    As with the wildly popular inter partes review, post-grant review offers the ability to challenge issued patents in a trial-like procedure before the Patent Trial and Appeal Board and obtain a final written decision within about 18 months. But there are some important differences between the processes, says Jeff Vockrodt of Hunton & Williams LLP.

  • Advertising On Social Media: How To Avoid Legal Problems

    Erin Hickey

    While marketing departments rapidly have embraced social media advertising, legal departments are cautious in giving them the green light. Trying to keep your company’s marketing timely and clever, while also making sure it is legal, can be a juggling act for many, say Erin Hickey and Nancy Ly of Fish & Richardson PC.

  • Generics Need Sword, Shield For 'Exceptional' Patent Case

    Jeffrey Hovden

    Following the U.S. Supreme Court decisions in Octane Fitness and Highmark, brands may find it easier to get exceptional-case fees and costs from generics. Generics — already struggling at the margin to maximize their litigation budgets — need to get a firm grip on this development so that they can avoid paying these fees, and maybe even turn the tables on their adversaries, says Jeffrey Hovden of Robins Kaplan Miller & Ciresi LLP.

  • What Alice Ruling Means For Software Entrepreneurs

    The U.S. Supreme Court ruling in Alice Corp. v. CLS Bank is important to software startups because it goes to the very core of the value that they deliver to the market, says Robert Sachs of Fenwick & West.