Intellectual Property

  • June 30, 2016

    Qualcomm Sues Meizu In China Over Wireless Technology

    Qualcomm Inc. on Thursday said that it has filed patent infringement suits against Meizu Technology Co. Ltd. in the intellectual property courts in Beijing and Shanghai, alleging that the Chinese consumer electronics company is infringing its patents that cover features and technologies relating to 3G, or third generation, and LTE, or Long Term Evolution, wireless communications standards.

  • June 30, 2016

    Nucap Blasts Bosch’s Antitrust Arguments In Brake IP Fight

    Nucap Industries Inc. asked an Illinois federal judge Wednesday to toss Robert Bosch GmbH's antitrust counterclaims in a suit accusing Bosch’s U.S. unit of stealing the auto parts supplier’s designs for brake components, slamming Bosch’s theory that Nucap leveraged its position in one parts market to monopolize another.

  • June 30, 2016

    $45M Ends Medtronic-NuVasive Patent Saga

    NuVasive Inc. said Thursday it has agreed to pay $45 million to Medtronic PLC to settle the rival medical device makers’ long-running patent dispute, putting to bed years of fighting over patents related to spine implant technology.

  • June 30, 2016

    GNC Can't Ax ThermoLife Patent Row

    A licensee's yearslong delay in suing GNC Corp. over patents for amino acids delivery devices will not nix ThermoLife International LLC's infringement suit, but will limit the sports nutrition company's damages period, a California federal judge has ruled.

  • June 30, 2016

    Judge In Houston Law School Name Dispute Recuses Himself

    The federal judge in Texas overseeing a trademark dispute between two Houston law schools regarding a name change recused himself from the lawsuit on Thursday, court records show.

  • June 30, 2016

    Choice Hotels Wins $1.6M Default In 'Quality' TM Row

    A Texas federal judge on Thursday awarded Choice Hotels International Inc. more than $1.6 million in a default judgment against a former Choice Hotels franchisee that allegedly continued using Choice's "Quality" trademark after their agreement ended.

  • June 30, 2016

    Comcast Pushes For Injunction To Keep Rovi Patent Row In NY

    Comcast Corp. continued efforts Wednesday to convince a New York federal judge to block Rovi Corp. from pursuing patent claims outside the state, insisting the entertainment company’s legal actions in Texas and elsewhere would cause it irreparable harm.

  • 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

    A California federal judge on Wednesday allowed Google Inc. to proceed with accusations that an attorney representing Oracle Corp. in its blockbuster Java code infringement suit against Google revealed confidential financial information in open court, granting Google’s request to move for 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.

Expert Analysis

  • 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.

  • 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.

  • Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

    Jonathan Berman

    In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.

  • Agile Software Development Brings New Contracting Issues

    Derek J. Schaffner

    Creating software using an agile software development methodology is rapidly gaining popularity based on the notion that ASD yields workable code sooner and in a more efficient manner. There are contractual mechanisms that clients can implement to reduce the uncertainty under ASD while still reaping the benefits of this collaborative development method, says Derek Schaffner of Mayer Brown LLP.

  • What You Should Know About The Defend Trade Secrets Act

    Patrick J. Coyne

    Nothing passes Congress during an election year. Well, the Defend Trade Secrets Act of 2016 did. In some ways, the act is unexceptional. In other ways, however, it is exceptional. Perhaps the single most important provision is the availability of ex parte seizure orders, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Right Of Publicity For NBA Player's Tattooed Torso? Maybe

    Daniel Wallach

    One of the most ingenious marketing ideas to emerge in the aftermath of the Cleveland Cavaliers' stunning NBA Championship is a T-shirt replicating J.R. Smith's heavily tattooed upper body. If Smith has not consented to the use of his image or likeness, he may have viable claims under Ohio's right-of-publicity statute, says Daniel Wallach of Becker & Poliakoff PA.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • Damage Analysis Is Key To Settling Complex Cases

    Karen Willcuts

    An understanding of the damage model and the facts and figures to back it up is crucial to a successful mediation in commercial cases. This is true for both plaintiffs counsel and defense counsel, says Karen Willcutts, former associate judge for Dallas County and an arbitrator at JAMS ADR.

  • Fed. Circ. TLI Decision Is Not A Step Backward From Enfish

    Gautham Bodepudi

    There are some questioning whether the Federal Circuit took a step backward with its decision in TLI v. AV Automotive, decided just five days after Enfish clarified the proper framework in which to determine whether a claim is abstract for step one of the Alice test. However, taking a closer look, the TLI court moved the Enfish line of reasoning forward, says Gautham Bodepudi of IP Edge.