Intellectual Property

  • November 26, 2014

    Williams-Sonoma, Ex-Employee Settle Trade Secrets Row

    Home retail giant Williams-Sonoma Inc. notified a Tennessee federal court that it has reached a settlement to end litigation with a former employee it had accused of passing confidential business plans and pricing information to competing home goods company, Arhaus LLC.

  • November 26, 2014

    Apple Wins Ongoing Smartphone Patent Royalties From Samsung

    A California federal judge ruled Tuesday that Apple Inc. is entitled to ongoing royalties from Samsung Electronics Co. Ltd. following a patent infringement verdict this year, closing the book on the district court case and spurring an immediate appeal from Samsung.

  • November 26, 2014

    Qualcomm Asks Fed. Circ. To Nix Patents In ParkerVision Row

    Qualcomm Inc. has urged the Federal Circuit to uphold a Florida federal court's decision to nix a $173 million jury award for ParkerVision Inc. in a smartphone technology patent infringement case, and lodged a cross-appeal arguing ParkerVision's patents should have been found invalid in addition to not being infringed.

  • November 25, 2014

    CVS, Rite Aid Settle Walgreens' Mobile Refill Patent Suit

    Retail pharmacy giants CVS Caremark Co. and Rite Aid Corp. have settled Walgreen Co.’s claims that its rivals were infringing its patent for refilling prescriptions using a mobile device, with CVS agreeing to an injunction against using the technology, according to documents filed Tuesday.

  • November 25, 2014

    Samsung Can't Put Microsoft Royalty Row On Hold For Appeal

    After denying Samsung Electronics Co.’s bid to send its patent licensing contract dispute to arbitration, a New York federal judge on Tuesday refused to stay the case while Samsung seeks a Second Circuit appeal, ruling Samsung “completely failed” to show it was likely to succeed.

  • November 25, 2014

    Judge Tosses $105M Patent Verdict Against Fairchild

    A California federal judge Tuesday tossed a jury's $105 million verdict against Fairchild Semiconductor International Inc. and ordered a new trial on damages for Power Integrations Inc.'s claims that Fairchild infringed two power-supply patents, saying jurors didn't decide the award based solely on the patented features.

  • November 25, 2014

    Chrysler Slams Decades-Old ‘Scat Pack’ Mark Spat

    Chrysler Group LLC fired back at a suit accusing it of infringing an auto parts supplier’s trademark by using the term “Scat Pack” for parts and accessories, telling a California federal judge that consumers wouldn’t confuse its iconic Scat automotive parts with parts produced by a small company.

  • November 25, 2014

    3rd-Ever AIA Post-Grant Review Bid Lauched By Cattle Group

    The third petition ever filed under the America Invents Act's post-grant review program was lodged Friday by the American Simmental Association, a cattle breeding industry group seeking to invalidate a patent covering livestock valuation.

  • November 25, 2014

    IP MVP: WilmerHale's Bill Lee

    WilmerHale's Bill Lee secured $410 million in damages for Apple Inc. in two separate patent trials against arch rival Samsung Electronics Co. Ltd. and got a $368 million infringement verdict against Apple set aside in another case, earning a spot among Law360's Intellectual Property MVPs for the fourth straight year.

  • November 25, 2014

    Ex-PilePro CFO Seeks To Disqualify Firm In IP Theft Case

    A former chief financial officer of manufacturing company PilePro LLC, who allegedly left the company and made off with its patents, asked a Texas federal judge Monday to disqualify the company’s attorneys, Shumway Van & Hansen, because the firm represented him while he was still an employee.

  • November 25, 2014

    Tessera's $128M IP Arbitration Award Upheld By Calif. Court

    A California appeals court on Tuesday rejected Amkor’s attempts to overturn a $128.3 million arbitration judgment in favor of Tessera Inc. over a patent licensing agreement, ruling the arbitrators were allowed to award Tessera royalties for Amkor’s use of the technology after the deal was terminated.

  • November 25, 2014

    Hershey's Win Final In IP Suit Against UK Candy Importer

    A California federal judge on Monday rebuffed a candy importer’s bid to escape a permanent ban on selling Mars Inc. and Nestle SA-produced sweets that The Hershey Co. contends infringe its marks.

  • November 25, 2014

    2nd-Ever Post-Grant Review Ends In Settlement

    The Patent Trial and Appeal Board on Monday approved a settlement between Accord Healthcare Inc. and drugmakers Helsinn Healthcare SA and Roche Palo Alto LLC over a patent on nausea drug Aloxi, ending the second-ever post-grant review proceeding under the America Invents Act.

  • November 25, 2014

    Dish Can't Make Insurers Cover Patent Dispute, 10th Circ. Says

    A Tenth Circuit panel on Tuesday rejected Dish Network Corp.’s attempt to get its insurers to cover its defense against patent infringement claims brought by billionaire investor Ronald A. Katz over an automated Dish telephone system, ruling the policies didn’t cover injuries related to the broadcasting business.

  • November 25, 2014

    Samsung Hit With TM Suit Over 'Milk' Streaming Music Service

    Samsung Electronics was sued for trademark infringement in New York federal court Monday by a multimedia firm called Milk Music, which claims Samsung stole its name for the company’s recently launched Milk Music Internet radio service.

  • November 25, 2014

    Judge Nixes Spine Surgery Patents, Citing Nautilus

    A California federal judge has ruled that two patents on spinal surgery devices asserted against Alphatec Spine Inc. are invalid as indefinite, ruling that although the patents would not be invalid under an older indefiniteness standard, they are under the U.S. Supreme Court's recent Nautilus decision.

  • November 25, 2014

    PTAB Offers Roadmap For Claim Amendments In AIA Reviews

    The Patent Trial & Appeal Board has issued guidance on how patent owners can amend claims in America Invents Act reviews, opening the door for patent owner PPC Broadband Inc. to make rare amendments in Corning Optical Communications RF LLC’s inter partes review of PPC’s coaxial cable patent.

  • November 25, 2014

    Judge Won't Toss Redskins Trademark Cancellation Suit

    A Virginia federal judge on Tuesday denied a bid by a group of American Indians to toss a suit brought against them by the Washington Redskins challenging the U.S. Patent and Trademark Office's ruling that the team's name is disparaging to Native Americans.

  • November 25, 2014

    Sears Wants Knockoff Windshield Blade Suit Wiped Away

    Retailers Sears Holdings Corp. and Big Lots Inc. told an Illinois federal judge on Monday that copyright, fraud and trade secrets claims do not belong in a patent suit accusing the companies of selling knockoff windshield wiper blade connectors, saying the claims have not been adequately pled.

  • November 25, 2014

    Tech Cos. Back Google In High Court Street View IP Row

    Dell Inc., eBay Inc. and others have thrown their support behind Google Inc.'s bid for the U.S. Supreme Court to consider whether a court can presume a patent claim merits a broad interpretation despite amendments to overcome an earlier rejection, saying a Federal Circuit ruling encourages ambiguous claim amendment language.

Expert Analysis

  • What To Know About Extending Patent Term In Southeast Asia

    James Kinnaird

    For pharmaceutical products, the most general form of extended patent protection available in Southeast Asia is currently data exclusivity, says James Kinnaird of Marks & Clerk.

  • 3 Takeaways From Post-Octane Fitness Cases

    Megan Woodworth

    A review of recent district court opinions assessing motions for attorneys' fees under Section 285 provides some support for the prediction that the U.S. Supreme Court’s decision in Octane Fitness would result in an increase in attorney fee awards to prevailing defendants, say Megan Woodworth and Megan Wood of Dickstein Shapiro LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • 10 Ways To Avoid Or Limit Institution In An AIA Proceeding

    Jason Stach

    The post-institution phase of an inter partes review, covered business method review or post-grant review is not where a patent owner wants to be. These 10 strategies for avoiding or limiting the scope of an instituted America Invents Act proceeding have proven successful to date, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Is Stockpiling Protected By Hatch-Waxman Safe Harbor?

    Brian Coggio

    Stockpiling of generic drugs to allow commercial introduction immediately after patent expiration is considered an act of infingement, but infringement suits contesting this conduct are almost nonexistent. The stockpiling of biologics and biosimilars, which are usually more expensive and take longer to produce than typical generics, may bring this dormant issue to the forefront, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Brand Owner-Friendly UDRP Decision Reinterprets Bad Faith

    Monica Richman

    The recent decision in Milly LLC v. Mrs. Jello LLC provides an interpretation of the Uniform Domain-Name Dispute-Resolution Policy that allows a panel, in certain circumstances, to find that a respondent has registered and used a domain name in bad faith even though the domain name may have been acquired initially in good faith, say Carol Anne Been and Monica Richman of Dentons.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.