Intellectual Property

  • August 31, 2016

    Takeda Says DC Circ. Drug Ruling Dangerous For Hatch-Waxman

    Takeda Pharmaceuticals USA Inc. and hedge funds that invested in it asked the D.C. Circuit Monday to reconsider its dismissal of their suit alleging the Food and Drug Administration violated patent protections when it approved a competing gout drug made by West-Ward Pharmaceuticals Corp., saying the decision turns Hatch-Waxman litigation on its head.

  • August 31, 2016

    'Meth Lab Cleanup' Can't Be A Trademark, Judge Says

    A federal judge ruled Tuesday that a Washington company that decontaminates former methamphetamine labs couldn’t claim trademark rights to “Meth Lab Cleanup,” declaring the phrase generic.

  • August 31, 2016

    ITC Won't Appeal ClearCorrect Patent Ruling To High Court

    The U.S. International Trade Commission has elected not to ask the U.S. Supreme Court to review a Federal Circuit decision that the ITC lacks the authority to block imports of digital files, the accused infringer in the closely watched patent case, ClearCorrect LLC, said Wednesday.

  • August 31, 2016

    BMW, Mercedes Hit With Digital Radio Infringement Suits

    BMW North America and Mercedes-Benz were each smacked with infringement suits Wednesday in Texas federal court by Digital Stream IP LLC, which accuses the automakers of using patented digital satellite radio technology without authorization.

  • August 31, 2016

    Darlene Love Drops Unusual Suit Over Christmas Song

    Iconic pop star Darlene Love has dropped an unusual lawsuit that claimed cable network HGTV violated her publicity rights — but not her copyrights — by using her 1960s Christmas tune in an advertisement without permission.

  • August 31, 2016

    Fed. Circ. Revives Patent On De-Icing Roads With Molasses

    The Federal Circuit on Wednesday revived a patent for a molasses byproduct used as a de-icing agent on roads, finding that the Patent Trial and Appeal Board didn’t present enough evidence to show that earlier sugar and rock salt-related inventions made the sugar-waste product obvious.

  • August 31, 2016

    Francis Ford Coppola Winery Sues Over Look-Alike Labels

    The company behind Francis Ford Coppola’s line of wines filed a trademark infringement lawsuit Tuesday claiming a smaller winemaker is selling a “Copa” brand in near-identical packaging.

  • August 31, 2016

    Lack Of Diligent Search Bars 2nd AIA Petition, PTAB Says

    A specialty gases supplier that got part of a patent invalidated then challenged it again on different grounds cannot pursue a new America Invents Act review, because the company did not do a “diligent” prior-art search the first time, the Patent Trial and Appeal Board has ruled.

  • August 31, 2016

    Ex-Sen. Levin Slams IRS Over Apple's $14.5B Irish Tax Bill

    Following the European Commission's finding that Apple owes €13 billion ($14.5 billion) in back taxes to Ireland, former U.S. Sen. Carl Levin denounced both Apple and the Internal Revenue Service, saying Tuesday that the revenue agency has let the software giant get away with avoiding taxes on American soil.

  • August 31, 2016

    VLP Adds IP Pro From Hogan Lovells As Partner In Calif.

    VLP Law Group LLP has added an intellectual property litigator previously with Hogan Lovells as a partner in its Silicon Valley office, the firm has announced.

  • August 31, 2016

    Sprint Wins $5M From Hackers In Cellphone-Resale Fraud Suit

    A Texas federal judge on Tuesday ordered three groups of alleged hackers to pay $5 million to Sprint over claims they cracked its computer networks, erased electronic serial numbers from 3 million Sprint cellphones later sold to major retailers and infringed Sprint’s trademarks.

  • August 31, 2016

    No Dispute 'Lexus' Photog Studio Infringed, Toyota Says

    Toyota Motor Corp. asked a Massachusetts federal judge on Wednesday for a quick win in a trademark infringement suit against a local wedding photography company called Lexus Studios Inc., arguing that there is no real dispute that the studio was trying to associate its own brand with the luxury car company.

  • August 30, 2016

    Cisco Accuses Arista Of Defying Import Ban On Infringing IP

    Cisco Systems Inc. has filed a complaint with the U.S. International Trade Commission against rival tech firm Arista Networks Inc., accusing it of violating a cease-and-desist order issued in a patent infringement suit decided earlier this year.

  • August 30, 2016

    Canon Tries To Ditch Flash Memory Patent Case

    Canon Inc. asked a California federal judge to toss Technology Properties Ltd. LLC's memory card reader patent infringement case, arguing at a hearing Tuesday that its products don't contain the technology described in the court's claim limitations and that prior art would render TPL's broad interpretation of those claims invalid.

  • August 30, 2016

    Jay Z Snags $8K In Attys' Fees In Logo Suit Scuffle

    A New York federal judge on Monday granted Jay Z  $8,000 in attorneys’ fees in a lawsuit filed by an artist who claims to have helped create the logo for Roc-A-Fella Records, after the plaintiff and his attorney were sanctioned in December for failing to produce discoverable evidence.

  • August 30, 2016

    Samsung Gets AIA Reviews Of 2 Semiconductor Patents

    The Patent Trial and Appeal Board agreed Tuesday to institute America Invents Act inter partes reviews of two semiconductor circuitry patents, finding that petitioner Samsung has demonstrated that the asserted claims are likely unpatentable.

  • August 30, 2016

    Stanford, Student Group Beat Fraternity In Trademark Fight

    Stanford University and a student group beat Theta Chi Fraternity Inc.’s trademark infringement suit over the group’s use of a play on Theta Chi’s name Tuesday when a California federal judge ruled that the fraternity’s lack of popularity meant its mark wasn’t necessarily famous.

  • August 30, 2016

    FDA Clears Sandoz Biosimilar Of Amgen's Enbrel

    The U.S. Food and Drug Administration on Tuesday approved Sandoz Inc.’s biosimilar for Amgen Inc.’s immunosuppressant Enbrel to treat certain types of arthritis and psoriasis, bringing the number of biosimilars the agency has approved to three.

  • August 30, 2016

    Shell Ducks Engineer's En Banc Bid In Benzene Patent Row

    The Federal Circuit on Monday denied a petition for en banc review brought by an engineer who unsuccessfully sued Shell Oil Co. for patent infringement over a process for producing benzene.

  • August 30, 2016

    Under Armour Dodges ‘Healthbox’ TM Suit

    Healthbox Global Partners LLC on Monday dropped its trademark lawsuit against Under Armour Inc. that alleged the outerwear company's new electronic fitness tracker infringed on the health care consulting company’s “Healthbox” mark.

Expert Analysis

  • Forward Citations As A Patent Value Metric

    Goran Grbic

    In the constant struggle to find valuable patents more efficiently in patent evaluation, different patent metrics are considered, discussed, re-evaluated and occasionally benchmarked. We have benchmarked the value of forward citations — the metric that seems to be mentioned the most — using data from our evaluation of thousands of patents and from public sources on U.S. patent litigation, says Goran Grbic of Chipworks Inc.

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • State Of Texas Legal Market: Oil And Gas IP Cases Are Up

    Paul Morico

    The Texas Uniform Trade Secrets Act has made it easier to bring trade secret actions and provided certainty to misappropriation claims. With the fall in oil prices, firms are using this as another tool toward warding off declining revenues, says Paul Morico, co-chairman of the energy IP practice group at Baker Botts LLP.

  • In Search Of Objective Evidence Success At PTAB

    Kerry Flynn

    Patent owners are still struggling with how to present objective evidence of nonobviousness to the Patent Trial and Appeal Board that is sufficiently persuasive. We can learn from the few successful attempts, say Kerry Flynn, chief IP counsel for Vertex Pharmaceuticals Inc., and Stacy Lewis and Tom Irving of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • State Of Texas Legal Market: Litigation Trends

    Michael K. Hurst

    Litigation in the Texas energy sector has increased substantially as a result of the drop in oil prices. The trends reflect a market reality where all participants, including contractors, insurers, lenders, partners and employees, are forced to embrace “lower for longer” pricing, say Michael Hurst and Jonathan Childers of Lynn Pinker Cox Hurst LLP.

  • 5 Tips For Effective Patent Searching

    Jennifer Gallagher

    The bottom line to any patent search technique is staying efficient yet effective. Keyword searches were once the only technique available to help lawyers advise their clients’ business decisions. Today, semantic analysis, classification codes and text-clustering provide many crucial advantages, says Jennifer Gallagher of Innography Inc.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • State Of Texas Legal Market: It Isn’t Just About Oil

    Geoff Schuler

    Some market watchers believe that law firms with significant energy-related practices have experienced precipitous declines in revenue and profits due to the dip in oil prices. Yet, firms continue to be bullish on Texas, and those still looking for a point of entry will jump at the right opportunity, say consultants with LawVision Group LLC.

  • The Complexity Of Trademarks In The Marijuana Business

    Tanya Curcio

    Because marijuana is still classified as an illegal substance under the federal Controlled Substances Act, protecting trademarks for marijuana-related goods and services is complicated at best — and sometimes impossible, says Tanya Curcio of Vorys Sater Seymour and Pease LLP.