Intellectual Property

  • August 31, 2015

    Niro Haller Fights Toshiba's Bid For Sanctions In Patent Case

    Niro Haller & Niro Ltd. is fighting back against Toshiba Corp.'s claim it's entitled to $2 million in fees and costs in a recently ended patent dispute, telling a Delaware federal court the firm should not be sanctioned and there was nothing exceptional about the case.

  • August 31, 2015

    Oil Co. Wins $1M Attys' Fees In Drilling System Patent Suit

    A Texas federal judge on Friday granted more than $1 million in attorneys' fees to Omron Oilfield & Marine Inc. after tossing National Oilwell Varco LP’s suit against it for alleged infringement of an automatic drilling system patent.

  • August 31, 2015

    Merck Seeks Stop Of Royalty Payments For Diabetes Patents

    Merck Sharp & Dohme Corp. on Friday asked a Delaware federal judge to either invalidate or find that it no longer needs to pay royalties on 10 patents related to its Januvia and Janumet treatments for Type II diabetes, arguing the patents were either invalid or not specific enough to warrant continued payments.

  • August 31, 2015

    Utah High Court Revives InnSys Trade Secrets Suit

    The Utah Supreme Court on Monday revived a trade secrets lawsuit that defense industry tech firm InnoSys Inc. had filed against a former employee, declaring that companies deserve a presumption of harm when their trade secrets are stolen.

  • August 31, 2015

    Amazon Beats Sex Toy Bid In Fire TV Trademark Spat

    A Florida federal judge refused Friday to order discovery on which sex toys are sold by Inc., ruling the question irrelevant to a trademark lawsuit claiming the retail giant's “Fire TV” is confusingly similar to porn site called “FyreTV.”

  • August 31, 2015

    Judge Keeps Gray Reed Atty Out Of Medtronic Patent Row

    A Texas federal judge on Friday stood by his decision to disqualify a Gray Reed & McGraw PC attorney from representing a doctor suing Medtronic Inc. for patent infringement, concluding the plaintiff’s legal team has a well-staffed team of other medical device lawyers.

  • August 31, 2015

    5 Insights From 3M General Counsel Ivan Fong

    Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.

  • August 28, 2015

    Do The Proposed AIA Rule Changes Go Far Enough?

    The U.S. Patent and Trademark Office recently proposed new rules for America Invents Act reviews that would allow patent owners to introduce expert testimony in their responses, while leaving many other aspects of the proceedings unchanged. IP Law360's expert panel weighs whether these proposals go far enough to address the concerns of patent owners and attorneys.

  • August 28, 2015

    Collecting Fees Still Tough After Octane, Highmark Cases

    More than a year after the U.S. Supreme Court’s Octane and Highmark decisions made it easier for courts to sanction nonpracticing entities and others that pursue meritless patent cases, lawyers say the rulings have helped accused infringers gain leverage to resolve weak cases earlier and get attorneys' fees awarded, but not to collect them.

  • August 28, 2015

    ITC Won’t Block Nokia Phone Imports In InterDigital IP Row

    The U.S. International Trade Commission determined on Friday that Microsoft Corp. and Nokia Corp. hadn’t infringed two of InterDigital Communications Inc.'s smartphone network connection patents and refused to block Nokia handsets from import and sale in the U.S.

  • August 28, 2015

    Apple Loses $15M Fees Bid In Voice Recognition IP Row

    A California federal judge on Friday refused to award Apple Inc. $15 million in attorneys' fees in an infringement suit brought by patent holding company Unwired Planet LLC over voice recognition technology, holding there was nothing exceptional about Unwired’s conduct during proceedings that warranted the amount.

  • August 28, 2015

    CaptionCall Slams En Banc Bid In $44M Patent Row

    CaptionCall LLC slammed a request that the full Federal Circuit review a decision to pause a $44 million patent infringement case while parallel proceedings play out at the Patent Trial and Appeal Board, saying Friday the request “borders on frivolous.”

  • August 28, 2015

    ‘Patent Troll’ Must Pay HTC, Motorola Atty Fees In IP Row

    A New York federal judge on Friday awarded partial attorneys’ fees to HTC Corp., Motorola Mobility LLC and BlackBerry Ltd. in a dismissed patent infringement suit brought by Advanced Video Technologies LLC, which the judge called a "patent troll” that must pay fees under the U.S. Supreme Court's Octane ruling.

  • August 28, 2015

    Texas Court Revives $1.9M Award Over Biotech Patent Project

    A Texas appellate court has reinstated a $1.875 million arbitration award against Phyton Biotech Inc. in a patent licensing dispute over technology used in treating excessive human growth hormone production, holding a trial court didn’t have the power to overturn the decision.

  • August 28, 2015

    Top 6 Football Intellectual Property Cases

    Are you ready for some … intellectual property? With the National Football League and National Collegiate Athletic Association football seasons right around the corner, here are the top six gridiron IP suits of the past few years, ranked.

  • August 28, 2015

    Omega Asks High Court To Review Costco Watch IP Row

    Swiss watchmaker Omega SA has urged the U.S. Supreme Court to review a Ninth Circuit decision clearing Costco Wholesale Corp. of copyright infringement allegations for importing unauthorized Omega watches and selling them in the U.S., saying the court should have determined whether it had engaged in copyright misuse.

  • August 28, 2015

    Jury Gives AT&T Win In Cellphone IP Row With Enovsys

    A California federal jury on Thursday found that AT&T Mobility LLC did not infringe two patents held by Enovsys LLC covering cellphone privacy technology and invalidated three of four asserted claims for one patent.

  • August 28, 2015

    Lupin, Allergan Get Support In Pay-For-Delay Fight At 1st Circ.

    Manufacturers and generic drug companies have rallied behind Lupin Pharmaceuticals Inc. and Allergan PLC in pay-for-delay litigation at the First Circuit, telling the court Thursday that Loestrin buyers' sweeping definition of “reverse payments” doesn’t fit with a recent U.S. Supreme Court decision.

  • August 28, 2015

    Pinterest Pushes Judge To Pin TM Infringement On Pintrips

    Pinterest Inc. urged a California federal judge on Friday to find that travel site Pintrips Inc. is infringing its trademark rights by inviting users to click a “pin” button similar to the one Pinterest offers its users, closing out a bench trial in the intellectual property feud.

  • August 28, 2015

    Brand Battles: Nestle, Viacom, Canada Goose

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestle battles with a cheese importer over Italian desserts, Viacom faces a fight over the name of an MTV series, and popular coat brand Canada Goose takes on an "American Goose."

Expert Analysis

  • When Courts Invoke Equitable Tolling In Noncompete Cases

    G. Mark Edgarton

    Two recent district court decisions in Kansas and Washington provide insight regarding the circumstances in which courts may extend the term of a restrictive covenant beyond the time period specified in an employment agreement, say Mark Edgarton and Sophie Wang of Choate Hall & Stewart LLP.

  • Using Patents To Secure Repeat Customers

    Andrea Merin

    The aftermarket for consumable products — e.g., disposable printer cartridges, razor cartridges, single-serving coffee pods — can be significant and oftentimes more profitable than the sales of the corresponding base products. The high profit margins, however, create an incentive for generic imitations. Fortunately, patent protection can help deter competitors, say Larry Green and Andrea Merin of Wolf Greenfield & Sacks PC.

  • The Road Ahead For Kyle Bass's IPRs

    Kristel Schorr.jpg

    Interestingly, in Coalition for Affordable Drugs v. Acorda, the Patent Trial and Appeal Board was able to deny institution without addressing the issue of CFAD’s alleged abuse of process that was raised by the patent owner. But with more institution decisions in the queue, it may not be long before the issue is addressed, say members of Foley & Lardner LLP.

  • REJOINDER: Still An Inappropriate Reasonable Royalty Rule

    William C. Rooklidge

    In arguing in favor of the patentee obtaining as reasonable royalty damages the entire incremental profit earned by the alleged infringer on the smallest salable patent practicing unit, a recent Law360 guest article makes several arguments that are either incorrect or irrelevant, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • 7 Benefits Of Arbitration In A Patent Dispute


    A recent survey across various industries showed that 73 percent of companies agreed that arbitration is their preferred mechanism for dispute resolution. Arbitration of a patent dispute, especially those with international overtones and complicated subject matter, provides many of the benefits of a courtroom decision with some additional features, say JAMS member Ron Dimock and Michael Rubinger of Dimock Stratton LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Game Developers Now Need Strong IP Strategy

    Chinh H. Pham

    Historically, gaming companies have shied away from pursuing patent protection. However, as the market continues to expand and more video game companies emerge, ignoring patent protection can be perilous, says Chinh Pham of Greenberg Traurig LLP.

  • Obscure Russian Thesis Qualifies As Prior Art At PTAB

    Scott D. Marty

    The Patent Trial and Appeal Board recently provided important guidance when it found that a Russian doctoral thesis was sufficiently accessible to qualify as prior art in GlobalFoundries U.S. Inc. v. Zond LLC. The majority and dissent opinions shed light on how parties should approach qualifying and challenging similarly obscure printed publications, say Scott Marty and Jonathon Talcott of Ballard Spahr LLP.

  • FDA's Focus On Drug Appearance May Cause Ugly Problems

    Jeffrey A. Wolfson

    The U.S. Food and Drug Administration's recent final guidance on the size, shape and physical characteristics of generic-manufactured tablets may make pills easier for patients to swallow, but is not likely to help ongoing generic drug pricing and shortage problems in the supply chain, say Jeffrey Wolfson and Evert Tu at Haynes & Boone LLP.

  • PTAB Rule Changes Are A Good Start, But Limited

    Todd Patterson

    The U.S. Patent and Trademark Office recently proposed changes to the rules governing Patent Trial and Appeal Board trial proceedings. This is a good start to addressing some of the issues that have been raised by patent owners, practitioners and third parties. But many of the remaining issues will likely be resolved only through further legislation, say attorneys with Patterson & Sheridan LLP.