Intellectual Property

  • October 30, 2014

    Adobe Bid For Extra IP Damages Over Wowza Hack In Doubt

    A California federal judge voiced skepticism Thursday over Adobe Systems Inc.'s request for enhanced damages in a lawsuit accusing Wowza Media Systems LLC of infringing Flash encryption patents, saying Thursday that he didn't think Wowza executives' hacking of Adobe's software was enough to prove willful infringement.

  • October 30, 2014

    BMS, Sanofi Get Gene Patent Partially Invalidated In IP Suit

    A Delaware federal judge invalidated part of a DNA technology patent Genetic Technologies Ltd. accused Bristol-Myers Squibb Co. and a Sanofi-Aventis SA unit of infringing because it merely described a natural law, dooming the claim under the U.S. Supreme Court’s landmark Mayo v. Prometheus decision.

  • October 30, 2014

    Merck Unit Says Fed. Circ. Erred In AllPure Patent Ruling

    Merck KGaA unit EMD Millipore Corp. urged the Federal Circuit to reconsider its decision that rival AllPure Technologies Inc. didn't infringe a device patent for withdrawing fluid from a container, saying Wednesday that the panel’s decision was contrary to “well-settled law” on prosecution history estoppel.

  • October 30, 2014

    Fed. Circ. Combines Samsung Appeals In $930M Apple IP Row

    The Federal Circuit on Wednesday consolidated two appeals by Samsung Electronics Co. Ltd. in its $930 million patent-infringement fight with Apple Inc., one disputing a judgment for damages stemming from a jury’s infringement verdict and the other challenging $1.9 million in court costs.

  • October 30, 2014 Ducks $6.7M Suit Over Anti-Counterfeiting Tech Inc. won’t have to fork over $6.7 million in royalties to Document Security Systems Inc. now that a New York federal judge granted the company summary judgment Tuesday in a battle over the use of counterfeit coupon detection technology.

  • October 30, 2014

    Louis Vuitton Wants 9th Circ. Call On 'Always Generic' Rule

    Louis Vuitton Moet Hennessy Inc. wants the Ninth Circuit to immediately weigh in on whether a Los Angeles jeweler can claim the term “Red Gold” as a trademark, saying a district judge issued an aberrational ruling that a generic term could transform into a trademark.

  • October 30, 2014

    9th Circ. To Rehear En Banc Artists' Royalty Act Appeal

    The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.

  • October 30, 2014

    K&L Gates Settles Malpractice Suit, Pulls High Court Appeal

    K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.

  • October 30, 2014

    11th Circ. Sends Trade Secret Dispute To Arbitration

    The Eleventh Circuit on Thursday sent to arbitration a dispute brought by U.S. Nutraceuticals LLC alleging that microalgae products maker Cyanotech Corp. breached an agreement by stealing confidential information.

  • October 30, 2014

    Judge Won’t Block Oil Industry Lobbying Website In TM Row

    A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.

  • October 30, 2014

    Toyota Must Hand Over Paice Deal In Hyundai, Kia IP Fight

    A Maryland federal judge on Wednesday allowed Paice LLC to share a confidential deal licensing patents to Toyota Motor Co. with its co-plaintiff in their suit accusing Hyundai Motor Co. and Kia Motors Corp. of ripping off their hybrid vehicle technology.

  • October 30, 2014

    KC And The Sunshine Band Don't Stop Copyright Suit

    A Florida judge on Wednesday allowed copyright and breach of contract claims against KC and the Sunshine Band by the estate of a former band member to go forward, while dismissing claims the band and its publishers breached fiduciary duty and misappropriated his image.

  • October 30, 2014

    Judge Nixes Sports Photo Patents As Abstract Under Alice

    A California federal judge has invalidated three patents on computerized methods of cataloging photos of participants in marathons and other sporting events, finding that they claim nothing more than an abstract idea under the U.S. Supreme Court's Alice Corp. decision.

  • October 30, 2014

    Pharrell, Robin Thicke Can't Kill 'Blurred Lines' Suit

    A California federal judge formally denied Robin Thicke and Pharrell Williams a quick win Thursday in the lawsuit over whether they lifted aspects of “Blurred Lines” from Marvin Gaye, saying the R&B legend's heirs might have a case.

  • October 30, 2014

    Pillsbury Snags ITC Expert From Goodwin Procter

    Pillsbury Winthrop Shaw Pittman LLP has bolstered its intellectual property practice with the addition of a former U.S. International Trade Commission investigator from Goodwin Procter LLP, the firm announced Wednesday.

  • October 30, 2014

    ITC Judge Recommends Import Ban On IP-Infringing Grills

    A U.S. International Trade Commission administrative law judge on Wednesday found that grills imported from China by a number of major U.S. retailers, including Sears Roebuck & Co., infringed patents for a two-in-one grill.

  • October 30, 2014

    GTAT Judge Intends To Unseal Records On Apple Spat

    The judge presiding over GT Advanced Technologies Inc.’s secretive bankruptcy on Thursday endangered a settlement of the contract dispute with Apple Inc. that destroyed GT's business, saying that a key document both companies want sealed should be made public.

  • October 30, 2014

    Gordon Ramsay Has Beef With Fraud Claims In Fat Cow Fight

    Lawyers for Gordon Ramsay told a Manhattan judge Thursday that fraud claims in a $10 million suit against the chef filed by the co-owner of their ill-fated Fat Cow Restaurant in Los Angeles are defective because plaintiff Rowen Seibel couldn't reasonably rely on Ramsey's allegedly duplicitous vows to pursue a viable trademark.

  • October 30, 2014

    Another Judge Nixes Stan Lee Media's Spider-Man Claims

    A second judge in as many days has rejected Stan Lee Media Inc.'s oft-asserted claim that it owns the rights to Spider-Man and other lucrative Marvel Comics characters created by its former president, booting the litigious company Thursday from a suit The Walt Disney Co. filed against a Pennsylvania theater.

  • October 30, 2014

    Fed. Circ. Backs Stay For AIA Review In Patent Dispute

    The Federal Circuit on Tuesday refused to take a second look at its decision to stay VirtualAgility Inc.'s patent case against Inc. and others during an America Invents Act business method patent review.

Expert Analysis

  • 7 Things To Know About 3rd-Party Submissions Of Art

    Shawna Lemon

    Large companies may tend to gravitate toward post-grant review, inter partes review or litigation for challenges to competitor's patents, but the relative cost of third-party submissions of art should be appealing to all potential challengers, say Sherry Murphy and Shawna Lemon of Myers Bigel Sibley & Sajovec PA.

  • New Guidelines Suggest A Friendlier European Patent Office

    Philip Cupitt

    While many of the changes in the latest European Patent Office guidelines reflect the current practice of the EPO’s boards of appeal, they also suggest that the first-instance departments of the EPO may be moving toward a less rigid and formalistic approach to some issues, say Philip Cupitt and Hazel Ford of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Evolution Of ADR: 30 Years Of Change

    Maria M. Sypek

    As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.

  • An Alternative Attack In Inter Partes Review

    Gaby Longsworth

    Limiting validity challenges to novelty or obviousness in inter partes reviews is a significant drawback to petitioners. One possible way of skirting this restriction, in certain circumstances, may be to challenge the priority claim of a patent, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • 4 Paths To Faster Patent Prosecution At The USPTO

    Rory Pheiffer

    The delay at the U.S. Patent and Trademark Office continues to be quite long, but fortunately the USPTO offers four options that allow most every patent applicant to significantly advance the pace of patent prosecution. While each of these programs has specific requirements for entry, those requirements are within the control of the applicant, say Rory Pheiffer and Lauren Ingegneri of Nutter McClennen & Fish LLP.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • A Close Look At The First 2 Post-Grant Review Petitions

    Lisa Mueller

    Not surprisingly, it took a while before the first petitions for post-grant review were filed, but LaRose Industries LLC and Toys “R” Us-Delaware Inc. filed in August, and Accord Healthcare Inc. filed in September. If one or both petitions are granted, one question will be whether the Patent Trial and Appeal Board will be able to issue a decision within the mandatory 12-18 months, says Lisa Mueller of Michael Best & Friedrich LLP.

  • New Patent Metrics For Management And Investors

    Stephen Glazier

    No consensus has formed regarding which metrics are best to compare, manage and communicate about mission-critical patent programs. We tested a variety of metrics and selected a new system derived entirely from publicly available raw data for all publicly traded companies, even though the raw IP data may be esoteric, awkward and unappreciated generally by management and investors, says Stephen Glazier of Akerman LLP.

  • Why Canada's Patent Prosecution Highway Is A Huge Success

    Elliott Simcoe

    Canada's Patent Prosecution Highway program has positioned the country as a highly cost-effective jurisdiction in which to procure patent protection with exceptional speed and efficacy, says Elliott Simcoe of Smart & Biggar.