Intellectual Property

  • December 22, 2014

    PTAB Nixes Warsaw Spine Implant Patent In AIA Review

    The Patent Trial and Appeal Board has ruled that Warsaw Orthopedic Inc.’s patent on a spinal implant device is invalid as obvious, handing a win in an America Invents Act review proceeding to petitioner NuVasive Inc., which was accused of infringing the patent.

  • December 19, 2014

    K&L Gates IP Partner Decamps After Client DQ Fight

    Former K&L Gates LLP partner Charles Holland has left the firm’s Palo Alto, California,  office for a position at Strategic Innovation IP Law Offices, less than three months after K&L Gates was accused of representing both sides of a patent infringement suit with ties to Holland.

  • December 19, 2014

    Ch. 11 Case For Skin Treatment Co. Thrown Out

    A Delaware bankruptcy judge threw out Derma Pen LLC’s Chapter 11 case Friday, ruling there was no evidence the skin treatment seller was in financial distress when it filed and that its petition was simply a tactic to disrupt a lawsuit over ownership of the trademark for its primary products.

  • December 19, 2014

    Pandora Tries To Ax Rockers' IP Suit Under Free Speech Law

    Pandora Media Inc. urged a California federal judge Friday to toss copyright class action claims brought by members of the 1960s rock band The Turtles alleging the online radio company infringed copyrights for pre-1972 songs, saying the rockers are claiming nonexistent rights to threaten Pandora's free speech rights.

  • December 19, 2014

    Brand Battles: Detroit Pistons, Apple, JetBlue

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Detroit Pistons have a "bad" time trying to register the nickname of their late '80s dynasty, Apple spells out why it challenged an apple image, and JetBlue leaves an applicant feeling "blu."

  • December 19, 2014

    Mylan Can Ask Fed. Circ. To Weigh Hatch-Waxman Jurisdiction

    A federal judge has allowed Mylan Pharmaceuticals Inc. to file an interlocutory appeal to the Federal Circuit of his decision that the company is subject to jurisdiction in Delaware in a suit over generic versions of AstraZeneca AB drugs, saying the case raises a novel issue in Hatch-Waxman law.

  • December 19, 2014

    Bankrupt Aereo Gets Green Light To Stage Asset Auction

    A New York bankruptcy judge on Friday refused to halt Aereo Inc.'s plan to auction assets including intellectual property and equipment among as many as 17 potential buyers, some said to be significant competitors of broadcasters who had put on a full-court press to block the bidding.

  • December 19, 2014

    Ex-Kedem Biz Partner Ducks Sanctions In Egg Cooker IP Row

    A Florida federal judge on Friday denied Kedem LLC's request to sanction its former business partner Team International Group America Inc. for failing to produce requested information about product sales in Europe in Kedem's patent infringement and breach of contract suit against the kitchenware maker.

  • December 19, 2014

    Samsung Tells High Court Memory Cartel Suit Should Survive

    Samsung Electronics Co. Ltd has urged the U.S. Supreme Court to reject Panasonic Corp.’s bid to rebury Samsung’s antitrust suit alleging Panasonic restrained competition through a patent-licensing deal on secure digital memory cards, arguing that the Ninth Circuit rightly found that Samsung alleged a single continuing violation.

  • December 19, 2014

    Becton Didn't Hold Monopoly Power, Judge Rules

    A Texas federal judge denied Retractable Technologies Inc.'s attempt to add a charge of monopoly power to a jury's 2013 verdict against Becton Dickinson and Co., saying that Becton's declining 50 percent market share constituted a "proper basis" justifying the jury's conclusion that it lacked monopoly standing.

  • December 19, 2014

    Microsoft Shells Out $23M To Settle VirnetX Patent Case

    Microsoft Corp. on Friday said it would pay $23 million and drop a challenge to one of VirnetX Inc.’s network security patents to end VirnetX’s infringement suit in Texas federal court claiming Microsoft breached a $200 million licensing agreement.

  • December 19, 2014

    Fed. Circ. Revives DataTern Database Patent Suit

    A Federal Circuit panel on Friday gave DataTern Inc. a second chance in its database storage patent infringement suits against MicroStrategy Inc. and its clients, ruling that a lower court relied on an incorrect claim construction when it tossed the cases.

  • December 19, 2014

    Reckitt Asks Judge To Again Consider Axing Suboxone Suit

    Reckitt Benckiser Inc. has urged a Pennsylvania federal judge to reconsider his decision to allow Suboxone buyers to pursue claims that the drugmaker violated antitrust law by using a "product-hopping" scheme to delay generic competition for the opiate addiction treatment.

  • December 19, 2014

    Amazon Fire Phone Infringes Messaging Patent, Tech Co. Says Inc. was slapped Thursday with a suit in Texas federal court, accusing the e-retail giant of ripping off Dynamic Hosting Company LLC's internet messaging patents through its Amazon Fire Phone.

  • December 19, 2014

    Full Fed. Circ. Won't Eye Indefiniteness In Google IP Case

    The full Federal Circuit on Thursday declined to review a decision that patents asserted against Google Inc. and Apple Inc. are indefinite, turning aside patentee Interval Licensing LLC's argument that the ruling is a "troubling" shift in patent law that could potentially derail "every single case."

  • December 19, 2014

    Fed. Circ. Slashes Stryker’s $210M Patent Damages Award

    The Federal Circuit on Friday slashed a $210 million award to Stryker Corp. after Zimmer Inc. allegedly infringed three of its surgical irrigation patents, ruling that while Zimmer infringed the patents, a judge wrongly tripled a jury award because the infringement wasn’t willful.

  • December 19, 2014

    Colo. Resort Sues J. Crew Over 'Broadmoor' Mark

    Colorado resort The Broadmoor hit J. Crew Group Inc. with a trademark infringement suit in federal court on Friday, alleging the clothing company's Broadmoor-branded men's outerwear infringes on its resort and apparel-related marks.

  • December 19, 2014

    Tech Cos. Slam Ford's Claim They Misled PTO In Patent Row

    Two technology companies have urged a Washington federal judge to reject Ford Motor Co.’s contention that they intentionally deceived the U.S. Patent and Trademark Office in a row accusing the automaker of ripping off electronics systems patents, saying Ford hasn’t provided any evidence for its claim in three years.

  • December 19, 2014

    Google Sues Miss. AG For MPAA-Linked 'Campaign Of Threats'

    A day after Google accused the Motion Picture Association of America of orchestrating a secret attack through Mississippi State Attorney General Jim Hood, the search giant formally lodged a suit accusing Hood of carrying out an unlawful “sustained campaign of threats against Google.”

  • December 19, 2014

    AllPure Says Fed. Circ. Needn't Revisit Device Patent Ruling

    AllPure Technologies Inc. has urged the Federal Circuit to reject a full-panel rehearing bid from rival EMD Millipore Corp., a unit of Merck KGaA whose device patent for withdrawing fluid from a container the appellate panel has ruled AllPure did not infringe.

Expert Analysis

  • Changes Are Coming To Pleading Rules In Patent Cases

    Nathan Greenblatt

    The fundamental reforms to patent pleading rules will not roll out for at least several months. Is there anything that litigants can do in the meantime to weed out weak cases? Yes — in fact, judges already have substantial power to police pleadings, says Nathan Greenblatt of Sidley Austin LLP.

  • Spain’s New Copyright Law Hurts Consumers

    James Cooper

    Spain’s recent enactment of an ancillary copyright law appears likely to pull off an extraordinary feat — simultaneously limiting the number of people who will see the news by forcing Google Inc. and other aggregators to close shop, and weakening publishers’ incentives to gather and report on the news in the first place, says James Cooper, director of research and policy at the Law & Economics Center at George Mason University School of Law.

  • FTC Section 5 In 2014: An Unexpected Attack, A New Frontier

    Carl Hittinger

    This year has given us two good examples of how the Federal Trade Commission’s push to exercise its Section 5 authority in new areas is rarely uncontroversial, say Carl Hittinger and Jeffry Duffy of BakerHostetler.

  • The State Of Technology-Assisted Review In 2014

    Gabriela Baron

    The rule of thumb that can be gleaned from this year’s case law is that parties should address the use of technology-assisted review early on in the discovery process since a failure to do so may later be used against them, says Gabriela Baron of Xerox Litigation Services.

  • Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

    Jonathan Watkins

    Though the U.S. Supreme Court in Actavis provided a general framework for lower courts to utilize in evaluating reverse payment cases, it expressly deferred to lower courts the task of “structuring” the rule-of-reason analysis announced in the case. Over the last year, trial courts have taken divergent views, says Jonathan Watkins of Zelle Hofmann Voelbel & Mason LLP.

  • The 'Transformation' Of The Copyright Fair Use Test

    Rollin Ransom

    Lawyers are frequently asked to clear copyright issues for new works, and when a new work is based on an existing work, the different approaches that the courts have adopted in analyzing fair use can significantly complicate the analysis. Assuming the lawyer concludes the work is "transformative," she must also decide the significance to afford to such conclusion, says Rollin Ransom of Sidley Austin LLP.

  • A Murky Trade Secret Landscape: What Employers Can Do

    Robert Hanna

    The Arizona Supreme Court’s recent decision in Orca Communications Unlimited LLC v. Noder permitting common law tort claims for misappropriation of confidential information that do not fall under the definition of trade secret may indicate a trend toward state courts reconsidering their positions on this issue, say Robert Hanna and Stephanie Rzepka of Tucker Ellis LLP.

  • USPTO Is Rejecting Potentially Life-Saving Inventions

    Lane Womack

    The Mayo-Myriad-Alice trilogy of U.S. Supreme Court decisions is impacting many much less controversial patents. Denying patent protection to treatments for cancer, AIDs and tuberculosis because they are based on unpatentable concepts is unwise, if not dangerous, say Bernard Chao, an assistant professor at the University of Denver Sturm College of Law, and Lane Womack, an attorney at Kilpatrick Townsend & Stockton LLP.

  • Reasonable Royalties: All About That Base ... Or That Rate

    DeForest McDuff

    The Federal Circuit’s recent opinion in Ericsson Inc. v. D-Link clarified certain conceptual points that, while generally consistent with past opinions, provide practitioners with more insight into the court’s broader view of acceptable reasonable royalty methodologies. In particular, the court acknowledged that apportionment can indeed occur within the base or the rate, subject to certain constraints, say DeForest McDuff and Justi... (continued)

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)