Intellectual Property

  • June 30, 2016

    The Top 7 Copyright Rulings Of 2016: A Midyear Review

    It's been a big first half of the year in the world of copyright law, with major rulings on copyright trolling, pre-1972 recordings, music sampling and the fair use doctrine. Here are the seven you need to know about, and why.

  • June 30, 2016

    Google Renews Sanctions Bid For Oracle Atty In Java IP Suit

    Google Inc. is revisiting accusations that an attorney representing Oracle Corp. in its blockbuster Java code infringement suit against Google revealed confidential financial information in open court, telling a California federal court Wednesday it wants sanctions now that the trial is over.

  • June 30, 2016

    Sinclair Lacked License, Malice In Copyright Row, Judge Says

    A Maryland federal judge on Wednesday rejected Sinclair Broadcast Group's argument that it had an implied license to use a media consulting company style guide but did not agree the television company had acted with "actual malice" in a copyright infringement dispute.

  • June 30, 2016

    Fla. Co. Settles Abbot Test Strip RICO Suit For $9K

    A New York federal judge Wednesday signed off an agreement for Florida’s National Medical Management to pay Abbott Laboratories $8,900 to end accusations that it sold “gray market” diabetes test strips as part of a larger Racketeer Influenced and Corrupt Organizations Act suit.

  • June 30, 2016

    Sony Gets Another Aplix Patent Nixed In AIA Review

    Sony has notched another victory in its challenge to patents that its PlayStation 4 controller and Playstation Vita are accused of infringing, as the Patent Trial and Appeal Board on Wednesday found claims in a hand-held device patent were invalid.

  • June 29, 2016

    EFF Urges Sanctions Against Blue Spike Over IP Suit Docs

    The Electronic Frontier Foundation is urging a Texas federal judge to sanction Blue Spike LLC and its counsel Garteiser Honea PC for opposing its motions to intervene and unseal documents in Blue Spike’s suit accusing Audible Magic Corp. of infringing its digital fingerprinting patents.

  • June 29, 2016

    'Patent Troll' Lawyers Broke Deal, Litigation Funder Says

    A U.K. litigation funder sued the Chicago intellectual property boutique firm representing a company called the “original patent troll,” accusing the practice Wednesday of borrowing millions of dollars to pursue cases but failing to hand over the funder's cut of fees.

  • June 29, 2016

    FTC Urges Pa. Judge Not To Extend Deadline For Abbvie Docs

    The Federal Trade Commission on Tuesday hit back at Abbvie Inc.’s Monday assertion that the agency is bringing up “new purported discovery disputes” in a pay-for-delay suit over the testosterone treatment AndroGel, urging a Pennsylvania federal judge not to allow Abbvie to delay resolution of Abbvie’s outstanding privilege challenges.

  • June 29, 2016

    Pom Wins TM Victory Over Competitor's 'Pom' Flavor Name

    A California federal judge handed a trademark win to Pom Wonderful LLC on Wednesday, saying Oregon-based beverage maker Pur Beverages Inc. couldn’t prove the word “pom” was generic, while also ruling Pom Wonderful’s use of a heart-shaped “o" did not deviate far enough from its "POM" trademark to constitute abandonment of the mark.

  • June 29, 2016

    Lamictal Pay-For-Delay Row Shouldn't Be Paused, Buyers Say

    Buyers of the anticonvulsant drug Lamictal urged a New Jersey federal judge on Tuesday not to pause discovery in the pay-for-delay case against GlaxoSmithKline and Teva following the U.S. Supreme Court's recent request that the U.S. solicitor general weigh in on the suit.

  • June 29, 2016

    IBM Keeps Patent Champ Status With Over 7,400 New Issues

    IBM Corp. retained its long-running title as the top patent owner in the U.S. in 2015, when the technology giant was issued more than 7,400 utility patents by the U.S. Patent and Trademark Office, according to a Wednesday report.

  • June 29, 2016

    Patent Holder Brief A Paper Caper, Sprint Tells Fed Circ.

    Sprint accused patent-holding company Prism Technology of attempting to “paper over” errors in a Nebraska trial that resulted in a $30 million infringement judgment against the wireless carrier, telling the Federal Circuit Tuesday to toss the award.

  • June 29, 2016

    Medtronic Gets Bosch Patent Dismissals Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions from 2015 that invalidated three Robert Bosch Healthcare Systems Inc. patents related to telehealth technology, in a win for competitor Medtronic Inc. unit Cardiocom LLC, which Bosch had claimed infringed the patents through its electronic data collection system.

  • June 29, 2016

    Houston College Of Law Backs Name Change After IP Suit

    Houston College of Law, formerly known as South Texas College of Law, said Wednesday its new name will not create confusion with the University of Houston Law Center, which sued the school on Monday, claiming the new name and color scheme infringe its marks and brand.

  • June 29, 2016

    USPTO To Expedite Reviews Of Cancer Treatment Patent Apps

    The director of the U.S. Patent and Trademark Office on Wednesday said the agency would fast-track reviews of patent applications related to cancer treatment as part of an effort to support President Barack Obama’s “cancer moonshot” effort battling the disease.

  • June 29, 2016

    Fed. Circ. Calls USPTO Reasoning 'Fallacious' In Patent Case

    The Federal Circuit revived claims in a television mount patent Wednesday, while taking an opportunity to knock the U.S. Patent and Trademark Office for the “fallacious” reasoning in one of its arguments defending a Patent Trial and Appeal Board decision.

  • June 29, 2016

    CFTC Urged To Focus On Risk With Automated Trading Rules

    A group of associations representing market participants have sent a letter to the U.S. Commodity Futures Trading Commission urging the agency to focus on risk control with its proposed rules to regulate automated and algorithmic trading, and to limit its access to sensitive source code.

  • June 29, 2016

    Attys Liable In $8M Antonelli Malpractice Row, Tech Co. Says

    A tech company that won an $8 million malpractice judgment against Antonelli Terry Stout & Kraus LLP over a botched patent application challenged two attorneys' argument that they should not be held personally liable, telling the Second Circuit on Tuesday that the trial court had erroneously cleared him.

  • June 29, 2016

    Group Wins PTAB Review Of Acacia Unit's Air Bag Patent

    The Patent Trial and Appeal Board has agreed to institute an inter partes review of all the challenged claims of a vehicle air bag patent held by a subsidiary of licensing firm Acacia Research Corp., finding that industry group Unified Patents will likely show at least one claim is unpatentable.

  • June 29, 2016

    Fitbit Alleges Jawbone Misrepresented Product In IP Row

    Fitbit Inc. told a California federal judge on Tuesday that its competitor Jawbone is misrepresenting the way its own products work in an attempt to skirt patent infringement claims, furthering an ongoing intellectual property rivalry between the wearable tech manufacturers.

Expert Analysis

  • Some Fed. Circ. Guidance On Procedural Safeguards For PTAB

    Joseph E. Palys

    Post-grant proceedings before the Patent Trial and Appeal Board often entail procedural battles over the proper scope of positions taken by the parties and the board. The Federal Circuit's recent decisions in SAS v. ComplementSoft and Genzyme v. Biomarin shed light on such Administrative Procedure Act issues, say attorneys with Paul Hastings LLP.

  • Pre-Claim Construction 101 Motions: Tips For Both Sides

    Evelyn C. Mak

    Since Alice, more than 15 pre-Markman Section 101 motions were denied as procedurally premature. Patent challengers and owners must therefore focus their briefing not only on the substantive question of patent eligibility, but also on whether the motion is procedurally ripe before Markman, say Evelyn Mak and Christine Capuyan of WilmerHale.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • Biologic Patents Are Under Attack

    Terry G. Mahn

    Biologic drug manufacturers are facing a confluence of disparate forces chipping away at once formidable patent estates, and although biosimilar entrants benefit directly from these pressures on their brand counterparts, the public has the most to gain from the emergence of a competitive market for biologic drugs, says Terry Mahn at Fish & Richardson PC.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Move Over, Enfish — Bascom Is Latest Post-Alice Tool

    Jayme Partridge

    For the third time since Alice, the Federal Circuit has upheld the validity of claims challenged under Section 101 as being patent-eligible. In Monday's Bascom v. AT&T decision, the court required a more robust analysis under step two of the Alice test, providing an avenue for patent owners to overcome an invalidity challenge under 101, say attorneys with Patterson & Sheridan LLP.

  • Inside DOD's Reasonable Approach To Data Rights Rule

    W. Jay DeVecchio

    The U.S. Department of Defense’s long-awaited proposed rule — which makes significant changes to the ways contractors have conducted “data rights” business for almost 50 years — mostly turns the badly written 2012 National Defense Authorization Act's Section 815 into a workable framework. But two particularly troublesome potential pitfalls remain, say Jay DeVecchio and Locke Bell of Morrison & Foerster LLP.

  • Claim Construction At PTAB And Its Effect On District Courts

     Andrew R. Sommer

    When faced with claim construction decisions from other districts or judges, many courts give “reasoned deference” to the earlier opinion, and have applied a similar rubric to evaluating Patent Trial and Appeal Board claim construction decisions. Others, however, appear to have amplified the deference. Still others have refused to give any deference, says Andrew Sommer of Winston & Strawn LLP.

  • A New Standard For Attorneys’ Fee Awards In Copyright Cases

    Barry I. Slotnick

    While the U.S. Supreme Court's recent attorneys' fees decision in Kirtsaeng v. John Wiley & Sons — which directs lower courts to give significant weight to a losing party’s objectively unreasonable litigation position — is likely to deter some meritless copyright litigation, the inability to collect a fee award from an impecunious litigant sometimes requires other methods of deterrence, say Barry Slotnick and Tal Dickstein of Loeb & Loeb LLP.

  • Alice May Be Back From Wonderland

    Ronald G. Embry

    The Federal Circuit and the U.S. Patent and Trademark Office are moving in substantially the same direction at the same time, which may move U.S. patent practice back to a more moderate and discerning Alice implementation, says Ronald Embry of Patterson & Sheridan LLP.