Intellectual Property

  • October 26, 2016

    Judge Rejects 3M’s Claim Patent Suit Is Barred By Laches

    A Delaware federal judge has denied a bid by bandage maker 3M Co. to have him rule that Andover Healthcare Inc.’s patent infringement suit against it — filed after 12 years — is barred by the so-called laches defense, saying there are questions regarding whether 3M was prejudiced by the delay, according to an order unsealed on Tuesday.

  • October 26, 2016

    USPTO Seeks Public Comment On Patent Examiner Time Goals

    The U.S. Patent and Trademark Office is seeking public comments on the average amount of time that patent examiners should spend on each application, according to a notice published Tuesday in the Federal Register.

  • October 26, 2016

    Camera Data Patent MDL About Software, Manufacturers Say

    Digital camera manufacturers urged a D.C. federal judge Wednesday to look at the invention a German patent holding company says they infringed in consolidated multidistrict ligation as based around software rather than hardware, in an effort to argue there’s no innovation here worth protecting.

  • October 25, 2016

    IRS Says Facebook Must Comply With Summonses In Tax Row

    The Internal Revenue Service urged a California federal judge Tuesday to enforce the agency's seven summonses against Facebook Inc. seeking information on how the social media giant transfers rights from its worldwide business through Facebook Ireland, saying the requests are clear and not overly broad.

  • October 25, 2016

    Orlando IP Firm Opens South Florida Office

    The Rapacke Law Group, a young Orlando, Florida-based intellectual property firm, has continued its expansion in the state with a new office in Fort Lauderdale.

  • October 25, 2016

    St. Jude, Medtronic Sued Over Heart Valve Patents

    A heart doctor who claims his artificial heart valve technology impressed television-famous Dr. Mehmet Oz accused St. Jude Medical and Medtronic Inc. of copying the work from two of his patents with their own devices, according to a pair of suits in Texas on Tuesday.

  • October 25, 2016

    NJ Judge Sends Medical Device Co.'s Coverage Spat To Pa.

    A New Jersey federal judge on Tuesday granted Federal Insurance Co.’s bid to transfer to Pennsylvania federal court hernia mesh maker Tela Bio Inc.’s suit seeking coverage for a competitor’s underlying trade secrets action.

  • October 25, 2016

    J&J Asks Justices To End Circuit Split On Expert Misconduct

    A Johnson & Johnson unit has asked the U.S. Supreme Court to end a four-way circuit split over when an expert’s false testimony should justify a new trial, arguing the Federal Circuit erred in allowing Rembrandt Vision Technologies LP a new trial over alleged infringement of its contact lens patent.

  • October 25, 2016

    Snapchat Sued For TM Infringement By Snap Interactive

    The company behind Snapchat, which recently changed its name to Snap Inc., was hit Tuesday with a trademark lawsuit in New York federal court by another social media company named Snap Interactive.

  • October 25, 2016

    Ex-Boston Guitarist Didn't Make Ads In TM Dispute, Jury Told

    The former Boston guitarist facing a trademark and breach of contract suit for allegedly holding himself out as an "original" member of the band wasn't consulted about ads, CD stickers or promotional posters where he was described that way, a car dealership owner told a federal jury Tuesday.

  • October 25, 2016

    Yelp Can Use 'We Know Just The Place' Slogan, Judge Says

    A federal judge on Tuesday refused to bar Yelp from using the slogan “We Know Just the Place,” ruling the review site likely hadn’t infringed the trademark rights of a property management firm that uses the same tagline.

  • October 25, 2016

    Justices Asked To Review Fed. Circ. Authority Over USPTO

    A Silicon Valley software company has asked the U.S. Supreme Court to find that the Federal Circuit has routinely imputed patent law claims into lawsuits that challenge the U.S. Patent and Trademark Office’s procedures in order to exert jurisdiction over the cases.

  • October 25, 2016

    Notification Patent Asserted Against UPS Deemed Abstract

    A Georgia federal judge has denied a bid by a telecommunications technology company that she reconsider her earlier invalidation of the asserted claims of an online notification patent asserted against United Parcel Service Inc., holding that she was right the first time to deem them to be abstract.

  • October 25, 2016

    Loop AI Atty Calls Judge's Sanction Threat Baseless

    The lawyer representing artificial intelligence startup Loop AI on Monday told a California judge overseeing an acrimonious trade secrets case that his sanction threat against her was based on communications with another judge that were never reflected in the court record, violating her right to due process.

  • October 25, 2016

    ATopTech Can't Prove Estoppel After $30M IP Verdict

    A California federal judge declined Monday to gut a $30 million intellectual property jury verdict via a finding of equitable estoppel in a fight between two Silicon Valley companies that make software used to design computer chips, Synopsys Inc. and ATopTech Inc.

  • October 25, 2016

    Ford Wins PTAB Dismissal Of More Hybrid Vehicle Claims

    The U.S. Patent Trial and Appeal Board has invalidated as obvious a number of claims challenged by Ford Motor Co. in inter partes review relating to a hybrid vehicle patent, saying they relate too closely to pre-existing patents and vehicle control methods.

  • October 25, 2016

    10th Circ. OKs Testimony On Bankruptcy In Royalty Case

    The Tenth Circuit ruled Tuesday that Mitchell International Inc. doesn’t owe royalties to Vehicle Market Research Inc. over a valuation program for car insurers, finding that the introduction of evidence about differing bankruptcy valuations by the owner of VMR didn't flout a previous Tenth Circuit ruling — especially since the testimony was introduced by the owner's own lawyer.

  • October 25, 2016

    Quinn Emanuel Adds IP Pro From Ropes & Gray In NY Office

    Quinn Emanuel Urquhart & Sullivan LLP has hired a patent litigator previously with Ropes & Gray LLP as a partner in its New York office, the firm announced on Tuesday.

  • October 25, 2016

    2nd Circ. Revives $48M Verdict Against MP3Tunes Founder

    The Second Circuit weighed in Tuesday on the long-running legal battle over defunct music site MP3Tunes, reviving a $48 million jury verdict against the service’s founder with a precedential ruling on the contours of the Digital Millennium Copyright Act’s safe harbor.

  • October 25, 2016

    Rainmaker Q&A: Greenberg Traurig's Richard Edlin

    Once, I moved into a client's house for about 10 days and we prepped for a deposition at all hours of the day and night. It wasn’t really necessary, except that it made him feel better and put him in a much more positive frame of mind, says Richard Edlin, vice chairman at Greenberg Traurig LLP.

Expert Analysis

  • More Than Lip (Sync) Service: McRO's Guidance For USPTO

    Mark Raskin

    The Federal Circuit's decision last month in McRO v. Bandai Namco reiterated and reconfirmed certain rules on patent eligibility — and should form the basis for the U.S. Patent and Trademark Office to update its 2014 interim eligibility guidance, says Mark Raskin of Mishcon de Reya New York LLP.

  • Antibody And Epitope Patent Prosecution Tips: Part 1

    Payam Moradian

    Patents to antibodies are valuable since pharmaceutical companies market and sell antibodies as therapeutic drugs, like Humira, Erbitux and Avastin. Payam Moradian of Keleti & Moradian LLP reviewed recently issued U.S. patents to formulate strategies for prosecuting patent applications claiming an antibody.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • High Court Can Restore Some Sanity To Design Patents

    Joshua D. Wolson

    Apple v. Samsung is about more than just these two technology titans. It offers the U.S. Supreme Court an opportunity to address design patent damages for the first time in over 120 years, says Joshua Wolson of Dilworth Paxson LLP.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Recent Decisions Clarify Reach Of IPR Petitioner Estoppel

    Barbara McCurdy

    When inter partes review first came into force, many would-be petitioners were wary of its seemingly broad estoppel provision. But as some recent decisions from the Federal Circuit, district courts and the Patent Trial and Appeal Board have shown, it is not all doom and gloom for a petitioner who fails to invalidate some or all challenged claims in an IPR, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow G... (continued)

  • Copyright's Role In The Internet Of Things

    John A. Polito

    Since internet-of-things products contain software and software is protectable under copyright, copyright law will become an increasingly prevalent means by which manufacturers look to protect their intellectual property, say attorneys with Morgan Lewis & Bockius LLP.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.