Intellectual Property

  • November 24, 2014

    Marvell Tells Fed. Circ. To Kill $1.5B Patent Verdict

    Marvell Technology Group Ltd. has again urged the Federal Circuit to reverse a record $1.54 billion judgment against it for allegedly infringing disk drive patents owned by Carnegie Mellon University, saying the huge award "cries out for reversal."

  • November 24, 2014

    Don't Review Invalidation Of Apotex Patent, Fed. Circ. Told

    UCB Inc. urged the full Federal Circuit Friday not to reconsider a decision that an Apotex Inc. blood pressure drug patent is invalid due to inequitable conduct by the company's founder and chairman, calling Apotex's argument that the panel was wrong a "fundamental mischaracterization" of the facts.

  • November 24, 2014

    AstraZeneca Can't End Nexium Pay-For-Delay Trial

    A Massachusetts federal judge on Monday refused to allow AstraZeneca PLC and Ranbaxy Inc. to end a pay-for-delay trial over the heartburn drug Nexium, saying the case should go before a jury, while Teva Pharmaceutical Industries Ltd. opted to settle with the plaintiffs.

  • November 24, 2014

    Wal-Mart, Home Depot, Others Hit With Pool-Warmer TM Suit

    Wal-Mart Stores Inc., Home Depot Inc. and several other retailers were hit with a lawsuit on Friday claiming they’ve been selling trademark-infringing swimming pool-heating devices.

  • November 24, 2014

    Corning Optical Gets 3 Cable Patents Nixed In AIA Reviews

    The Patent Trial and Appeal Board on Friday invalidated three patents for coaxial cable connectors held by PPC Broadband Inc. that had been challenged by rival Corning Optical Communications RF LLC, saying the challenged claims were unpatentable in light of prior art.

  • November 24, 2014

    Steel Co. Denied Quick Win On Counterclaims Against Exec.

    A New Jersey judge on Friday refused partial summary judgment to SAS Stressteel Inc. on accusations that its former president violated an employment agreement by obscuring his involvement in other companies and commandeered business opportunities from the steel distributor.

  • November 24, 2014

    Apple, Intel Back Microsoft In Row Over Landmark RAND Ruling

    Microsoft Corp. has earned support from tech giants such as Apple Inc., Intel Corp, and Hewlett-Packard Inc. in its bid to get the Ninth Circuit to affirm a decision that Motorola Inc. breached an obligation to license its standard-essential patents to Microsoft on fair, reasonable and non-discriminatory terms.

  • November 24, 2014

    Aereo Plans To Shop Infringing Streaming IP In Ch. 11

    Aereo Inc.’s disruptive television streaming technology could fetch a substantial price in a bankruptcy auction despite having been ruled by the U.S. Supreme Court to violate the copyrights of broadcasters, an attorney for the shuttered startup said Monday.

  • November 24, 2014

    Justices Asked To Weigh TM Suit Over Batman Movie Software

    A software developer that makes a program called Clean Slate is urging the Supreme Court to revive a trademark lawsuit over a fictional program of the same name featured in the movie "The Dark Knight Rises," saying it shouldn’t matter that Warner Bros. doesn’t actually sell software.

  • November 24, 2014

    'Dark Horse' Writer Loses Bid For Atty Sanctions

    A Missouri federal judge on Friday denied sanctions sought by a songwriter behind Katy Perry’s hit “Dark Horse” against attorneys in a copyright suit over the song, ruling sanctions are not warranted for a reference the attorneys made to Kesha's unrelated sexual assault suit against him.

  • November 24, 2014

    USTR Stumps For Better IP Protection Ahead Of India Summit

    U.S. Trade Representative Michael Froman on Monday set the stage for the first U.S.-India trade summit in more than four years with a call for New Delhi to shore up its intellectual property regime, which has long been a thorn in the side of the pharmaceutical industry and other patent holders.

  • November 24, 2014

    Inventor Hits Mercedes With Latest Keyless Ignition Suit

    Mercedes-Benz USA was hit with patent infringement litigation in Texas federal court Friday by a man who claims to have pioneered the technology behind the keyless ignition system and who has filed 27 other suits in federal court over the same patent this year.

  • November 21, 2014

    Aereo's Gone, But Internet TV Is Here To Stay

    Aereo Inc. ended its three-year copyright battle with a bankruptcy filing, but the trend that the streaming startup so publicly represented — the increasing popularity of novel, Internet-based services for access to video content — isn't going anywhere.

  • November 21, 2014

    Phoenix Seeks To Cap $10M Software Claim At $500K

    Phoenix Payment Systems Inc. told a Delaware bankruptcy judge Thursday that a $10 million claim lodged by a rival card transaction company over old software code should be capped at $500,000, saying it should not be forced to set aside the full sum while litigation plays out.

  • November 21, 2014

    Private Copyright Cop Sued For Bogus DMCA Subpoenas

    Copyright enforcement group Rightscorp Inc. was hit with a class action Friday accusing it of violating consumer protection laws and issuing objectively baseless Digital Millennium Copyright Act subpoenas to online downloaders.

  • November 21, 2014

    After Facebook Fails, Google Shoots For Photo Patent Review

    Google Inc. took a stab at a patent for transmitting and characterizing digital images, asking the Patent Trial and Appeal Board for an inter partes review of the patent just two months after the board rejected a similar petition by Facebook Inc., according to a filing entered on Friday.

  • November 21, 2014

    Altair Clinches New Damages Trial In MSC Secrets Fight

    A Michigan federal judge has ordered a new trial on damages in MSC Software Corp.'s case claiming former employees breached confidentiality agreements and misappropriated trade secrets when they left for rival Altair Engineering Inc., calling MSC's $26.4 million damages win “excessive.”

  • November 21, 2014

    NuScience Atty Tests Judge's Patience At IP Sanctions Hearing

    A California federal judge Friday upbraided an attorney representing supplement maker NuScience Corp. in its trade secrets brawl with Iowa brothers who brewed a rival supplement, lambasting him for repeating information, in a hearing over the company’s bid to sanction the brothers for leaking secrets.

  • November 21, 2014

    Nexium Pay-For-Delay Plaintiffs Can't Prove Conspiracy

    A Massachusetts federal judge on Friday narrowed the plaintiffs’ theories in a pay-for-delay trial against AstraZeneca PLC and two generic producers over the heartburn drug Nexium, ruling there wasn’t enough evidence to find that the generic companies had conspired together.

  • November 21, 2014

    Westinghouse Data Patent Again Targeted For AIA Review

    An inspection equipment company on Thursday filed a petition seeking an America Invents Act review of a Westinghouse Electric Co. LLC data analysis patent, marking its second attempt this year after the Patent Trial and Appeal Board rejected the original petition as too complicated to evaluate in the statutory timeframe.

Expert Analysis

  • 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.

  • Tips For Dealing With Competing IPR And ITC Deadlines

    James Dowd

    For parties that are litigating in the U.S. International Trade Commission under Section 337, the existence of a co-pending inter partes review proceeding can give rise to competing timelines, and potentially conflicting outcomes, with a variety of strategic consequences, say James Dowd and Jacob Oyloe of WilmerHale.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • Twombly, Iqbal And The Demise Of Form 18

    Jason Murata

    Now that the Judicial Conference of the U.S. has unanimously approved abolishment of Rule 84 and Form 18, patent litigants may be only one year away from facing significant changes to how patent infringement is pled. Presumably, the Twombly and Iqbal standards would apply to direct patent infringement complaints, just as they currently apply to indirect infringement claims, say Jason Murata and Ryan Cook of Axinn Veltrop & Harkrider LLP.

  • Post-Grant Review May Impact Biosimilars Litigation

    Marsha Gillentine

    Post-grant review may prove to be an important forum for companies that do not want to wait until after filing their biosimilar applications to challenge the validity of relevant patents, say Marsha Gillentine and Rebecca Hammond of Sterne Kessler Goldstein & Fox PLLC.