Intellectual Property

  • August 28, 2015

    Collecting Fees Still Tough After Octane, Highmark Cases

    More than a year after the U.S. Supreme Court’s Octane and Highmark decisions made it easier for courts to sanction nonpracticing entities and others that pursue meritless patent cases, lawyers say the rulings have helped accused infringers gain leverage to resolve weak cases earlier and get attorneys' fees awarded, but not to collect them.

  • August 28, 2015

    ITC Won’t Block Nokia Phone Imports In InterDigital IP Row

    The U.S. International Trade Commission determined on Friday that Microsoft Corp. and Nokia Corp. hadn’t infringed two of InterDigital Communications Inc.'s smartphone network connection patents and refused to block Nokia handsets from import and sale in the U.S.

  • August 28, 2015

    Apple Loses $15M Fees Bid In Voice Recognition IP Row

    A California federal judge on Friday refused to award Apple Inc. $15 million in attorneys' fees in an infringement suit brought by patent holding company Unwired Planet LLC over voice recognition technology, holding there was nothing exceptional about Unwired’s conduct during proceedings that warranted the amount.

  • August 28, 2015

    CaptionCall Slams En Banc Bid In $44M Patent Row

    CaptionCall LLC slammed a request that the full Federal Circuit review a decision to pause a $44 million patent infringement case while parallel proceedings play out at the Patent Trial and Appeal Board, saying Friday the request “borders on frivolous.”

  • August 28, 2015

    ‘Patent Troll’ Must Pay HTC, Motorola Atty Fees In IP Row

    A New York federal judge on Friday awarded partial attorneys’ fees to HTC Corp., Motorola Mobility LLC and BlackBerry Ltd. in a dismissed patent infringement suit brought by Advanced Video Technologies LLC, which the judge called a "patent troll” that must pay fees under the U.S. Supreme Court's Octane ruling.

  • August 28, 2015

    Texas Court Revives $1.9M Award Over Biotech Patent Project

    A Texas appellate court has reinstated a $1.875 million arbitration award against Phyton Biotech Inc. in a patent licensing dispute over technology used in treating excessive human growth hormone production, holding a trial court didn’t have the power to overturn the decision.

  • August 28, 2015

    Top 6 Football Intellectual Property Cases

    Are you ready for some … intellectual property? With the National Football League and National Collegiate Athletic Association football seasons right around the corner, here are the top six gridiron IP suits of the past few years, ranked.

  • August 28, 2015

    Omega Asks High Court To Review Costco Watch IP Row

    Swiss watchmaker Omega SA has urged the U.S. Supreme Court to review a Ninth Circuit decision clearing Costco Wholesale Corp. of copyright infringement allegations for importing unauthorized Omega watches and selling them in the U.S., saying the court should have determined whether it had engaged in copyright misuse.

  • August 28, 2015

    Jury Gives AT&T Win In Cellphone IP Row With Enovsys

    A California federal jury on Thursday found that AT&T Mobility LLC did not infringe two patents held by Enovsys LLC covering cellphone privacy technology and invalidated three of four asserted claims for one patent.

  • August 28, 2015

    Lupin, Allergan Get Support In Pay-For-Delay Fight At 1st Circ.

    Manufacturers and generic drug companies have rallied behind Lupin Pharmaceuticals Inc. and Allergan PLC in pay-for-delay litigation at the First Circuit, telling the court Thursday that Loestrin buyers' sweeping definition of “reverse payments” doesn’t fit with a recent U.S. Supreme Court decision.

  • August 28, 2015

    Pinterest Pushes Judge To Pin TM Infringement On Pintrips

    Pinterest Inc. urged a California federal judge on Friday to find that travel site Pintrips Inc. is infringing its trademark rights by inviting users to click a “pin” button similar to the one Pinterest offers its users, closing out a bench trial in the intellectual property feud.

  • August 28, 2015

    Brand Battles: Nestle, Viacom, Canada Goose

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestle battles with a cheese importer over Italian desserts, Viacom faces a fight over the name of an MTV series, and popular coat brand Canada Goose takes on an "American Goose."

  • August 28, 2015

    Ex-NFLer Says Nike Must Halt 'Lights Out' TM Infringement

    Former NFL linebacker Shawne Merriman urged a California federal judge on Thursday to brush aside Nike Inc.’s objections and enjoin the sportswear giant from using his using his trademarked “Lights Out” nickname or allowing another retailer to use the mark in connection with Nike products.

  • August 28, 2015

    PTAB Grants Review Of HP Patent, Denies 2 Other Reviews

    The Patent Trial and Appeal Board handed a mixed bag to Hewlett-Packard Co. on Thursday, instituting an America Invents Act review of one of the company’s technology patents challenged by a rival software maker but declining to institute reviews of two others.

  • August 28, 2015

    IP Firms Back Finnegan In Malpractice Fight Over Patent Work

    Lawyers shouldn’t be barred from representing multiple clients with similar inventions, major law firms in the IP realm like Morrison & Foerster LLP and Pillsbury Winthrop Shaw Pittman LLP have told Massachusetts’ highest court, arguing it would be harmful to both firms and inventors.

  • August 28, 2015

    Finjan Rejects Blue Coat's Alice Argument In $39M Case

    Finjan Inc. urged a California federal court Thursday to deny Blue Coat System Inc.’s bid to invalidate one of its Internet security patents under the U.S. Supreme Court’s Alice ruling to trim the $39 million verdict Finjan won, saying the claims are patent eligible under the precedential decision.

  • August 28, 2015

    Contract Claims Axed From DOE Subcontractor's $50M IP Suit

    A U.S. Department of Energy subcontractor’s $50 million infringement suit took another blow Thursday when a U.S. Court of Federal Claims judge tossed the contract breach claims because the government was not a party to the at-issue agreement, weeks after axing the trade secrets claims.

  • August 28, 2015

    Fed. Circ. Won't Rehear IP Case Following Office Depot Win

    The Federal Circuit on Thursday denied SpeedTrack Inc.’s bid for an en banc rehearing, nearly two months after the appeals court sided with Office Depot Inc. and others in a patent dispute over a website search function, according to an order issued by the clerk of the court.

  • August 28, 2015

    Ex-NFL Players Say EA Can't Wait Any Longer On High Court

    Retired NFL players claiming Electronic Arts Inc. illegally used their likenesses in “Madden NFL” video games asked a California federal judge on Thursday to deny the company a stay for a U.S. Supreme Court appeal, saying they're not getting any younger while discovery waits.

  • August 28, 2015

    Foreign Sales Nix Patent Rights, Fed. Circ. Told

    U.S. patent rights can be exhausted when an owner or its privy execute an authorized sale of a patented item while abroad, a printer cartridge refurbisher facing infringement claims told the full Federal Circuit on Thursday.

Expert Analysis

  • The Road Ahead For Kyle Bass's IPRs

    Kristel Schorr.jpg

    Interestingly, in Coalition for Affordable Drugs v. Acorda, the Patent Trial and Appeal Board was able to deny institution without addressing the issue of CFAD’s alleged abuse of process that was raised by the patent owner. But with more institution decisions in the queue, it may not be long before the issue is addressed, say members of Foley & Lardner LLP.

  • REJOINDER: Still An Inappropriate Reasonable Royalty Rule

    William C. Rooklidge

    In arguing in favor of the patentee obtaining as reasonable royalty damages the entire incremental profit earned by the alleged infringer on the smallest salable patent practicing unit, a recent Law360 guest article makes several arguments that are either incorrect or irrelevant, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • 7 Benefits Of Arbitration In A Patent Dispute


    A recent survey across various industries showed that 73 percent of companies agreed that arbitration is their preferred mechanism for dispute resolution. Arbitration of a patent dispute, especially those with international overtones and complicated subject matter, provides many of the benefits of a courtroom decision with some additional features, say JAMS member Ron Dimock and Michael Rubinger of Dimock Stratton LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Game Developers Now Need Strong IP Strategy

    Chinh H. Pham

    Historically, gaming companies have shied away from pursuing patent protection. However, as the market continues to expand and more video game companies emerge, ignoring patent protection can be perilous, says Chinh Pham of Greenberg Traurig LLP.

  • Obscure Russian Thesis Qualifies As Prior Art At PTAB

    Scott D. Marty

    The Patent Trial and Appeal Board recently provided important guidance when it found that a Russian doctoral thesis was sufficiently accessible to qualify as prior art in GlobalFoundries U.S. Inc. v. Zond LLC. The majority and dissent opinions shed light on how parties should approach qualifying and challenging similarly obscure printed publications, say Scott Marty and Jonathon Talcott of Ballard Spahr LLP.

  • FDA's Focus On Drug Appearance May Cause Ugly Problems

    Jeffrey A. Wolfson

    The U.S. Food and Drug Administration's recent final guidance on the size, shape and physical characteristics of generic-manufactured tablets may make pills easier for patients to swallow, but is not likely to help ongoing generic drug pricing and shortage problems in the supply chain, say Jeffrey Wolfson and Evert Tu at Haynes & Boone LLP.

  • PTAB Rule Changes Are A Good Start, But Limited

    Todd Patterson

    The U.S. Patent and Trademark Office recently proposed changes to the rules governing Patent Trial and Appeal Board trial proceedings. This is a good start to addressing some of the issues that have been raised by patent owners, practitioners and third parties. But many of the remaining issues will likely be resolved only through further legislation, say attorneys with Patterson & Sheridan LLP.

  • A Few Ways To Work Around The Brulotte Rule

    Glenn Robbins

    The U.S. Supreme Court in Kimble v. Marvel Entertainment LLC recently declined to overrule the much-criticized Brulotte rule that patent royalties may not continue past a patent’s expiration. But there are strategies that enable parties to a patent license agreement to tailor compensation and appropriately allocate risks whereby compensation could still extend beyond the patent’s term, says Glenn Robbins of Spencer Fane Britt & Browne LLP.

  • How To Protect IP In Energy Industry Joint Ventures

    Jennifer Roscetti

    Economically advantageous oil and gas joint ventures come with risks that originate from sharing intellectual property. One common theme of past disputes is the importance of understanding whether a change for your partner — such as forming a joint venture with a competitor or losing control of a subsidiary — means a change for you, say Jennifer Roscetti and Charles Collins-Chase of Finnegan Henderson Farabow Garrett & Dunner LLP.