Intellectual Property

  • February 13, 2016

    Supreme Court Justice Antonin Scalia Dies At 79

    U.S. Supreme Court Justice Antonin Scalia, who served on the nation’s high court for almost 30 years, died on Saturday, the court's chief justice confirmed.

  • February 12, 2016

    Supreme Court Urged To Rule On PTAB Overreach Question

    The owner of an invalidated telephone communications patent has asked the U.S. Supreme Court to rule on whether the Federal Circuit erred by saying it could not weigh in on whether the Patent Trial and Appeal Board wrongly granted an America Invents Act review of the patent.

  • February 12, 2016

    Phone Reseller Says Insurer Must Cover It In Sprint Suit

    A phone reseller on Friday hit a Liberty Mutual unit with a suit in Maryland federal court, saying the insurer must provide defense costs for an underlying suit brought by Sprint alleging the company took part in a scheme to illegally sell unlocked iPhones. 

  • February 12, 2016

    Fed. Circ.'s Lexmark Ruling Boosts Power Of Patent Owners

    The Federal Circuit's decision on Friday to retain limits on patent exhaustion is a win for patent owners like Lexmark, allowing them to exert control over products after they're sold, but the thorny issue is likely on its way to the U.S. Supreme Court, attorneys say.

  • February 12, 2016

    USPTO Tells Fed. Circ. Ethicon's Stent IP Claims Are Invalid

    The U.S. Patent and Trademark Office has defended a decision that found several claims in an Ethicon drug-eluting stent patent to be obvious, telling the Federal Circuit on Thursday the claimed invention simply combined elements from earlier patents.

  • February 12, 2016

    CoreLogic, Morgan Stanley End Trade Secrets Release Feud

    CoreLogic and Morgan Stanley have settled the data broker’s appeal hoping to avoid disclosing trade secrets that helped fuel Prudential’s fraud claims against Morgan Stanley deriving from more than $1 billion in residential mortgage-backed securities, a New Jersey appeals court said Friday.

  • February 12, 2016

    FDA Rebuffs Allergan On Generic Restasis Tests

    The U.S. Food and Drug Administration has rejected Allergan’s latest attack on its standards for generic versions of dry-eye blockbuster Restasis, asserting “clear legal authority” to approve copycats that aren’t tested in humans, according to a letter released Friday.

  • February 12, 2016

    Adidas Wins Bid To Block Skechers 'Knockoffs' Sales

    Adidas America Inc. won a bid to block Skechers USA Inc. from selling three lines of shoes when an Oregon federal judge ruled in the trademark dispute on Friday that Skechers had created a "knockoff" of an iconic Adidas design, and that the copycat could hurt the original's sales.

  • February 12, 2016

    'Redskins' Mark Is Dehumanizing To Natives, 4th Circ. Told

    About 45 Native American organizations across the country, five legal organizations and the Navajo Nation filed three separate briefs in the Fourth Circuit on Thursday saying that the Washington Redskins’ team name is disparaging, psychologically damaging and dehumanizing to indigenous peoples.

  • February 12, 2016

    Most PTAB Petitions Involve Underlying Litigation: Report

    A vast majority of patent disputes in America Invents Act reviews also involve underlying patent litigation, according to a new study, which suggests that the Patent Trial and Appeal Board should thus use the same claim construction standard as federal courts.

  • February 12, 2016

    Apotex, Lupin Settle Paxil Infringement Fight

    Apotex Inc. and rival Lupin Ltd. have settled their patent infringement suit over the antidepressant drug Paxil pursuant to undisclosed terms, according to a Texas federal judge who dismissed the suit Friday.

  • February 12, 2016

    FCC Set-Top Proposal Endangers Copyright, Groups Say

    A group of pay-TV proponents warned Federal Communications Commission Chairman Tom Wheeler that his set-top box proposal poses serious copyright concerns, according to a filing on Thursday that described the meeting.

  • February 12, 2016

    Gucci Says Bank Of China Owes Docs, Defied Freeze In IP Row

    Gucci America Inc. and other luxury designers told a New York federal court Thursday that state-run Bank of China did not substantially comply with subpoenas for information on account holders accused of selling counterfeit goods and let them run off with more than $2 million while their assets were supposed to be frozen.

  • February 12, 2016

    'Havana Club' Row Back In Spotlight Amid Obama's Cuba Pivot

    The U.S. government’s ongoing campaign to ease its commercial tension with Cuba has reignited a dispute over the rights to the “Havana Club” rum trademark, putting the Obama administration squarely in the crossfire of a heated battle that dates back to the early days of the Cold War.

  • February 12, 2016

    Brand Battles: Olive Garden Fights For 'Pasta Pass' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Olive Garden appeals after an examiner refused to register its “Never Ending Pasta Pass,” Universal faces a fight to register "Sherlock Homeboy," and Marriot and Delta Air Lines square off over upscale airport lounges.

  • February 12, 2016

    Capital One Can't Try Again On Antitrust Market, IV Says

    Intellectual Ventures has asked the Federal Circuit to block Capital One from pursuing certain antitrust claims against it, arguing that a Maryland federal judge failed to give binding effect to another court's ruling that the licensing entity's financial services patents did not make up a viable antitrust market.

  • February 12, 2016

    Icon Of IP: Kirkland's Dale Cendali

    Long before she argued at the U.S. Supreme Court, and before she became a go-to copyright and trademark litigator for the likes of Oracle, J.K. Rowling, Nike and others, Kirkland & Ellis LLP's Dale Cendali got her big break with the O.J. Simpson case. No, not that O.J. Simpson case.

  • February 12, 2016

    Cascades Says Samsung Buried It In Pointless Documents

    Samsung and the company accusing it of conspiring to avoid licensing a cellphone patent traded jabs in California federal court Friday, as Cascades Innovations complained the tech giant has dumped thousands of irrelevant documents on it.

  • February 12, 2016

    Swiss Cos.' Tire Pressure Patent Invalid, Fed. Circ. Hears

    Continental Automotive Systems told the Federal Circuit on Thursday that two Swiss companies’ patent on a tire pressure monitoring system is obvious and anticipated by prior art, asking the court to go beyond a Patent Trial and Appeal Board ruling and invalidate the entire patent.

  • February 12, 2016

    Apple, Verizon, AT&T Hit With $7B Twin Suits Over VoIP IP

    A patent holding company has launched two intellectual property suits in Nevada federal court accusing Apple, Verizon and AT&T of infringing its patents covering voice-over-Internet-protocol technology and seeking more than $7 billion in damages, based on a 1.25 percent royalty of the companies’ profits over the past five years.

Expert Analysis

  • Trends For Fintech Patents At The PTAB

    Elliot C. Cook

    The claim survival rates for patents for financial technologies are much lower in covered business method review proceedings than in inter partes review proceedings, even for patents within the same technology center classification, say Elliot Cook and Jeffrey Berkowitz of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • Right Of Publicity Challenges In The Land Of Lincoln

    J. Michael Keyes

    In the most recent challenge against Avvo.com — a Seattle-based lawyer information and rating site — an Illinois attorney alleges that her own, and other lawyers', rights of publicity have been violated. However, if past court rulings are indicative of future results, her class action faces some pretty long odds, says J. Michael Keyes, a partner at Dorsey & Whitney LLP.

  • Takeaways From Revival Of Pangang Trade Secret Prosecution

    Daniel Prince

    Last month, prosecutors filed a third superseding indictment against Pangang. The trade secrets case is particularly instructive for what it suggests about the U.S. Department of Justice’s views regarding the ongoing debate concerning the U.S. government’s ability to effect service on foreign corporations without a U.S. presence, say attorneys with Paul Hastings LLP.

  • The Limited Impact Of Provisional Patent Rights

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    Since being introduced with the passage of the American Inventor’s Protection Act in 1999, provisional rights have rarely been asserted or granted. The Federal Circuit's ruling this week in Rosebud v. Adobe — its first precedential decision on the "actual notice" requirement — illustrates how reluctant courts are to grant this “extraordinary remedy.” It may be time to consider a statutory amendment, say Matthew Dowd and Justin Crot... (continued)

  • Investing In The Marijuana Industry: Where We Stand

    John Bessonette

    Companies — and their investors — continue to face a myriad of risks associated with uncertainty over future regulatory developments concerning the marijuana industry. As large states like California and Ohio prepare for legalization initiatives, however, the trend toward increasing liberalization and associated comfort levels of investors seems likely to continue, say John Bessonette and Tai Aliya of Kramer Levin Naftalis & Frankel LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • What PTAB Says About Functional Claiming

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    Yesterday, Michael Stein of BakerHostetler explained how structural claim limitations may be used effectively to avoid the alleged problems created by the use of functional limitations in software patents. In this article, he looks at the cases that have been identified by the U.S. Patent and Trademark Office as key Patent Trial and Appeal Board decisions involving functional claim limitations.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • How Structural Claim Limitations Can Save Software Patents

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    Michael Stein of BakerHostetler discusses how structural claim limitations may be used effectively to avoid the alleged problems created by the use of functional limitations in software patents.