Intellectual Property

  • October 2, 2015

    Defense Calls for Discovery Sanctions in Cochran Firm IP Tiff

    A former partner of the late Johnnie Cochran asked a California federal judge Friday to sanction the director of the Cochran Firm PC for refusing to hand over discovery materials about a back-office facility in Alabama at issue in a trademark fight over the use of the Cochran name.

  • October 2, 2015

    Acacia Unit Settles Medical Patent Suits With CR Bard

    An Acacia Research Corp. unit said Friday it has settled litigation and reached a patent license agreement with C.R. Bard Inc. to resolve patent litigation in Delaware and New Jersey federal courts.

  • October 2, 2015

    USPTO Not Backing Down From TM Fight With Alabama Judge

    The U.S. Patent and Trademark Office has quietly found itself in an unusual showdown that trademark experts haven't seen before: fighting back against a federal judge who ordered the Trademark Trial and Appeal Board to erase one of its precedent-setting opinions.

  • October 2, 2015

    Samsung Wins Emergency Stay Of $548M Award In Fed. Circ.

    Apple Inc. will have to wait for Samsung Electronics Co. to shell out a $548 million judgment it was ordered to pay after the Federal Circuit on Friday granted a temporary stay of the judgment’s enforcement, as the labyrinthine patent war between the smartphone giants rages on.

  • October 2, 2015

    Costco Fights For 2nd Circ. Appeal Of Tiffany Counterfeit Win

    Costco Wholesale Corp. urged the Second Circuit Thursday to deny Tiffany & Co.'s bid to dismiss Costco's appeal of a lower court's judgment that it sold counterfeit jewlery, saying facts pertinent to its counterclaims are still in dispute and cannot be resolved post-trial.

  • October 2, 2015

    4th Circ. Says AIA Challenge Is Fed. Circ.'s Domain

    The Fourth Circuit on Friday granted the U.S. Patent & Trademark Office's request to send an inventor's appeal challenging the constitutionality of the agency's inter partes review process to the Federal Circuit, which the agency says holds exclusive jurisdiction over challenges stemming from the reviews.

  • October 2, 2015

    Nova Hit With Fees After Accusing Dow, Its Attys Of Fraud

    A Delaware federal judge on Wednesday awarded attorneys’ fees to Dow Chemical Co. after finding Nova Chemicals Corp. used "extreme tactics" in filing a suit that alleged Dow and its attorneys had perpetrated fraud in a separate intellectual property case.

  • October 2, 2015

    Fed. Circ. Asked To Apply New Exhaustion Rule To Patents

    A printer cartridge reseller told an en banc Federal Circuit panel Friday that patent owners lose their rights after making authorized foreign sales of the patented item, arguing in a battle with Lexmark International Inc. that there is “no geographical distinction” for patent exhaustion under years of common law and a 2013 Supreme Court decision.

  • October 2, 2015

    Canon Can't Get PTAB To Nix Intellectual Ventures Patent

    Canon lost its bid on Friday to have the Patent Trial and Appeal Board declare Intellectual Ventures’ patent, which deals with scanners that reduce distortion during high-speed image signal transmission, as unpatentable.

  • October 2, 2015

    US Foods Says Sales Aces Took Confidential Info To Rival

    U.S. Foods Inc. has accused its direct rival Performance Food Group Co. of poaching two of its top sales employees, who absconded with confidential information and used the information to lure away U.S. Foods customers in violation of nonsolicitation pacts, according to an Illinois federal court suit filed Thursday.

  • October 2, 2015

    Fed. Circ. Denies Google Rehearing Bid In IP Contract Row

    A Federal Circuit panel on Friday rebuffed Google Inc.'s request that it review its ruling rejecting the tech giant's bid to reinstate a jury verdict that an inventor who sued the company for patent infringement breached a contract with his former employer by obtaining the patents.

  • October 2, 2015

    ITC Asked To Probe Linen Imports Over Fabric Patent Claims

    A Texas company that bills itself as the largest domestic supplier of bed linens asked the U.S. International Trade Commission on Thursday to investigate whether two textile companies in North Carolina and India have been manufacturing and importing certain luxury sheets that infringe its patent.

  • October 2, 2015

    Reckitt Loses Reconsideration Bid In Mucinex Antitrust Row

    Reckitt Benckiser Inc.’s bid to escape an antitrust and contract breach lawsuit filed by URL Pharma Inc. over a right to sell generic Mucinex has again fallen short, with a Pennsylvania federal judge refusing to reconsider an earlier decision.

  • October 2, 2015

    Fed. Circ. Says Sandoz Didn't Infringe Cancer Drug Patent

    Novartis AG subsidiary Sandoz Inc. didn’t infringe Spectrum Pharmaceuticals Inc. and the University of Strathclyde’s patent for the cancer drug Fusilev when filing an application to make a generic version of the drug, the Federal Circuit affirmed Friday.

  • October 2, 2015

    Twitter, Yahoo, Others Win Some Fees In MDL Patent Suit

    Units of patent licensing firm Acacia Research Corp. and j2 Global Communications Inc. must pay Twitter, Yahoo and others a portion of their attorneys’ fees in multidistrict litigation over the alleged infringement of several message management patents, with an Illinois federal judge on Thursday partly declaring the case as exceptional.

  • October 2, 2015

    Fed. Circ. Resurrects Scientist's Seagate Inventorship Suit

    The Federal Circuit on Friday revived a former Seagate Technology LLC semiconductor scientist's suit against the company alleging that he was wrongly omitted as an inventor on six patents, ruling for the first time that injury to person's reputation confers standing to sue over inventorship.

  • October 2, 2015

    Brand Battles: MasterCard, LG, World Trade Center

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Daimler and MasterCard fight over the carmaker's soon-to-launch transportation app, Swatch and LG get wound up over a 'watch,' and a new front opens in the ongoing fight over World Trade Center trademarks.

  • October 2, 2015

    ParkerVision Can't Revive $173M Qualcomm Win At Fed. Circ.

    The Federal Circuit denied on Friday ParkerVision Inc.'s latest attempt to reinstate a $173 million jury verdict it won against Qualcomm Inc. that a judge threw out, rejecting the company's petition for rehearing and holding that there is no evidence to support its argument that Qualcomm infringed.

  • October 2, 2015

    InCom Says Disney Knew It Violated MagicBand Patent

    InCom Corp. on Thursday urged a California federal judge to deny The Walt Disney Co's motion to toss a suit alleging Disney has been illegally using InCom's attendance tracking system patents to monitor attendance and purchase history in parks with its MagicBand system, claiming Disney knew it was infringing the patents.

  • October 2, 2015

    Fed. Circ. Won’t Rehear Stay Of Ultratec's $44M IP Award

    The Federal Circuit said Friday it won’t reconsider its July ruling backing a trial court’s decision to pause a patent infringement case after several telephone closed-captioning patents over which CaptionCall LLC was ordered to pay Ultratec Inc. $44 million were found invalid by the Patent Trial and Appeal Board.

Expert Analysis

  • Rebutting 101 Rejections Asserting 'Idea Of Itself': Part 1

    Brian J. Emfinger

    Courts have recognized four categories of abstract ideas that include "an idea 'of itself.'" Some of the concepts previously held to be patent-ineligible abstract ideas are more specific while others are much broader, and one can easily envision an examiner citing to one of these broad concepts to support a rejection under Section 101, particularly with respect to computer- and software-implemented innovations, says Brian Emfinger ... (continued)

  • Batmobile Copyright: When Functional Element Is A 'Character'

    Karen A. Henry

    The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.

  • How Fed. Circ. Views Obviousness-Type Double-Patenting

    Jeremy Lowe

    The Federal Circuit’s decisions this year in Gilead v. Natco Pharma and G.D. Searle v. Lupin Pharmaceuticals show that obviousness-type double-patenting remains an effective mechanism to protect the public from patentees gaining unjustified patent term extensions by filing duplicative patents having different expiration dates, say attorneys with Axinn Veltrop & Harkrider LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Approach To '2nd Medical Use' Claims Varies Across EU

    Alastair McCulloch

    A number of recent court decisions have highlighted important gaps and a lack of consensus between key EU member states on the law regarding infringement of second medical use patents. The rulings also demonstrate how differences in the drug dispensing and reimbursement systems between different EU countries can influence the nature of the relief available, say attorneys with Jones Day.

  • LifeScan May Be Why Patent Exhaustion Had No Pulse In Nero

    Gino Cheng

    What aspects of the patent exhaustion doctrine does the Federal Circuit’s recent holding in JVC Kenwood Corp. v. Nero Inc. develop, and how far does it move the mile marker? Far from a drive, Judge Pauline Newman’s opinion represents a carefully coordinated pick-and-roll, says Gino Cheng of Winston & Strawn LLP.

  • Safe Harbor Protects Supplier Of Active Ingredient For ANDA

    Brian Coggio

    The Federal Circuit in Shire LLC v. Amneal Pharmaceuticals LLC recently clarified the law on whether entities who merely assist an abbreviated new drug application filer are liable for inducing infringement. Prior holdings — both district court and Federal Circuit — were somewhat inconsistent on this issue, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • 10 Marketing Tips From A Young Partner Perspective

    Richard Segal.jpg

    No one ever told you in law school that once you received the highly coveted associate job in a big firm, that to really succeed at that job and climb the ranks quickly you need to take on a second job — marketing, says Richard Segal of Kluger Kaplan Silverman Katzen & Levine PL.

  • Section 101: Should Clear And Convincing Standard Apply?

    Vera Elson

    While it appears that the majority of district courts that have considered the issue have reasoned that the clear and convincing standard should not apply to a Section 101 analysis, there is a split of authority and continued uncertainty, say Vera Elson and Sara Rose of Wilson Sonsini Goodrich & Rosati PC.

  • Single-Judge Institution May Undermine Purpose Of IPR

    Andrew Piatnicia

    The U.S. Patent and Trademark Office recently proposed a nonvoluntary pilot program under which a single patent judge, rather than a panel of three, would decide whether to institute an inter partes review. This program's approach — currently open to public comment — could significantly increase litigation expense and undercut fairness for both sides in an IPR, says Andrew Piatnicia of Piatnicia Legal.