Intellectual Property

  • January 29, 2015

    Patent Troll Study Shouldn't Slow Reforms, FTC's Brill Says

    Even though the Federal Trade Commission is hoping to have its study of patent assertion entities done by the end of the year, neither lawmakers nor enforcers should wait to take action to improve the patent system or take on illegal behavior, FTC Commissioner Julie Brill said Thursday.

  • January 29, 2015

    Cablevision Sues Verizon Over 'Fastest Wi-Fi' Ads

    Cablevision Systems Corp. on Thursday hit rival Verizon Communications Inc. with a false advertising suit in New York federal court, alleging Verizon’s recent advertising in the New York area promising the “fastest Wi-Fi” is a deliberate falsehood meant to undercut Cablevision’s business.

  • January 29, 2015

    Protegrity Gets Flak For Bid To Centralize Patent Battles

    Protegrity Corp. argued before the U.S. Judicial Panel on Multidistrict Litigation on Thursday to consolidate nearly 20 patent infringement cases in Connecticut federal court, but continued to face opposition on both the consolidation front and choice of venue.

  • January 29, 2015

    Alice Helps Mercedes Land Driver Impairment Patent Win

    An Illinois federal judge on Thursday granted victory to Mercedes-Benz USA LLC in an intellectual property battle with Vehicle Intelligence and Safety LLC, ruling that a patent claim for detecting driver impairment was merely an abstract idea under the U.S. Supreme Court's Alice standard.

  • January 29, 2015

    Schlumberger Wants Former In-House Atty DQ'd In Patent Row

    Schlumberger Ltd. asked a Texas federal judge to disqualify attorneys representing Parallel Separation Innovations LLC in its suit alleging Schlumberger infringed a shale drilling equipment patent, arguing Thursday that the oilfield company's former in-house counsel now working for PSI’s parent wasn't properly walled off from the case.

  • January 29, 2015

    Judge Slams Timing Of Plea To Update Zynga IP Claims

    A California federal judge on Thursday bashed technology development company Segan LLC's bid to update allegations that Zynga Inc.'s online games infringed a network-display patent, saying it “doesn't seem fair” for Segan to change its infringement theories so soon before the case's summary judgment phase.

  • January 29, 2015

    Juror Bias Claim Rejected In Emblaze-Apple IP Battle

    A California federal judge on Thursday rejected Israeli software firm Emblaze Ltd.’s attempt to undo a jury’s verdict that Apple Inc. didn’t induce ESPN Inc., Major League Baseball and others to infringe Emblaze’s video live-streaming technology, ruling there was no evidence the jury foreman was biased.

  • January 29, 2015

    PTAB Denies Toyota Bid To Join Mercedes' Patent Cases

    The U.S. Patent Trial and Appeal Board on Thursday denied Toyota Motor Corp.’s inter partes review petitions to join two corresponding Mercedes-Benz USA LLC cases, saying the company had failed to show that a joinder would be appropriate.

  • January 29, 2015

    Copyright Case Targeting Patent Attys Ends With Settlement

    A long-running case in which academic publishers sued attorneys who used their articles in patent applications ended with a settlement Wednesday, closing out a suit the U.S. Patent and Trademark Office said could have caused “serious harm” to the patent system.

  • January 29, 2015

    SanDisk Wins Jury Verdict In Patent Dispute With Round Rock

    A Delaware federal jury on Wednesday found that two patents held by patent holding company Round Rock Research LLC covering flash drives and memory cards were invalid, following an eight-day trial in a patent infringement case against SanDisk Corp.

  • January 29, 2015

    Exide Unveils Settlement That Could Speed Ch. 11 Exit

    Exide Technologies Inc. told a Delaware bankruptcy judge Thursday that senior secured and unsecured creditors in the case had come to a settlement over antitrust, intellectual property and pension concerns that appears to end months of wrangling and could hasten and simplify the battery giant's exit from Chapter 11.

  • January 29, 2015

    FTC’s Provigil Pay-For-Delay Suit Passes Actavis Test: Judge

    A Pennsylvania federal judge on Wednesday ruled that the Federal Trade Commission’s pay-for-delay suit against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • January 29, 2015

    Octane Seeks $2M In Fees From Icon After High Court Ruling

    Octane Fitness LLC on Wednesday urged a Minnesota federal judge to make Icon Health & Fitness Inc. pay Octane's $2 million legal bill, following Octane's victory in the U.S. Supreme Court that made it easier for courts to award fees for meritless patent cases.

  • January 29, 2015

    Delia's Floats $2.5M Stalking Horse Deal For Trademarks

    Investors that bought the Alloy Apparel line from Delia’s Inc. in 2013 now want the liquidating retailer’s trademarks too, offering $2.5 million to pick up the intellectual property and possibly reunite the Delia’s and Alloy brands, according to court papers.

  • January 29, 2015

    Immunomedics Sidesteps Securities Fraud Suit

    New Jersey-based biopharmaceutical company Immunomedics Inc. on Thursday turned back allegations that it misled investors by concealing the deterioration of a major licensing agreement after a federal judge ruled the company was under no obligation to disclose anything short of the contract’s termination to investors.

  • January 29, 2015

    NCAA Athletes Should Get Publicity Pay, SAG Tells 9th Circ.

    The Screen Actors Guild-American Federation of Television and Radio Artists urged the Ninth Circuit on Wednesday to affirm a ruling that said college athletes must be paid for use of their images, saying attempts to diminish laws protecting an individual’s right of publicity could be “ruinous” to performers’ careers.

  • January 29, 2015

    Urban Outfitters, Hot Topic Sued For Flouting 'Vinyl' Mark

    Urban Outfitters Inc. and Hot Topic Inc. were slapped Wednesday with a trademark infringement lawsuit by a marketing executive who accuses them of selling shirts that steal the slogan “The Plural of Vinyl is Vinyl.”

  • January 29, 2015

    USPTO Wrongly Rejected Digital Camera IP, Fed. Circ. Says

    The Federal Circuit on Thursday reversed the U.S. Patent and Trademark Office's rejection of a patent application covering the transmission of digital camera information, saying the patent office lacked enough evidence to support its finding and attempted to introduce an argument for rejection on appeal.

  • January 29, 2015

    Citigroup, MetLife Use Alice To Kill Price Quote Patent

    A Delaware federal judge on Tuesday invalidated a patent on a computerized method of generating price quotes for financial products, ruling that it claims nothing more than an abstract idea under the U.S. Supreme Court's Alice ruling, in a win for Citigroup Inc., MetLife Inc. and others.

  • January 29, 2015

    Electronic Arts Tries To Sack NFL Legend’s Publicity Suit

    Electronic Arts Inc. urged a California judge Thursday to toss a suit by Cleveland Browns football legend Jim Brown alleging EA violated his publicity rights by using his likeness in its Madden NFL video games after he expressly denied permission, saying free speech laws protect the use.

Expert Analysis

  • Secret Patent-Examination Program: Rare But Consequential

    Kate Gaudry

    The fact that the number of applications subjected to the U.S. Patent and Trademark Office's Sensitive Application Warning System program is relatively low does not alter the fact that the program is highly questionable under constitutional and administrative law norms, say Kate Gaudry and Adam Charnes of Kilpatrick Townsend & Stockton LLP.

  • Brand Owners Can Make Trademark Tacking Stick

    Mark Mutterperl

    The U.S. Supreme Court’s recent unanimous decision in Hana Financial Inc. v. Hana Bank — the court’s first substantive trademark decision in a decade — brings the relatively unknown tacking doctrine to the forefront of the debate over how to protect marks that subtly evolve over the course of decades, say attorneys with Bracewell & Giuliani LLP.

  • USPTO And Courts Must Clarify Design-Utility Boundary

    Yin Huang

    Missing from the newfound enthusiasm for design patents is sufficient attention to the legal relationship between design patents and their utility-oriented cousins, says Yin Huang of Charles Colman Law PLLC.

  • 'IPA' Really Could Have Been A Trademark For Beer

    Steven Klein

    Can one brewery sue another to stop it from using a stylized version of “IPA,” a familiar acronym for the popular style of beer known as India Pale Ale? As you may have heard, the Lagunitas Brewing Co. just tried — and it didn’t go so well. But things could have worked out very differently if Lagunitas had raised its claims back in 1995, says Steven Klein of Stoel Rives LLP.

  • Top 5 Developments In Reverse Payments Over The Last Year

    Ryan Marth

    Last year, the reverse payments conversations grew hotter with courts divided and the law evolving. What is more, those conversations have caught on abroad, with developments occurring in Europe and Canada. 2015 will better define what is and is not an illegal reverse payment, say Ryan Marth and Matthew McFarlane of Robins Kaplan LLP.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Don't Underestimate The Copyright Trolls

    Jorge Espinosa

    Despite the negative publicity and the obvious resistance by some courts, we are likely to continue to see a stream of cases by alleged “copyright trolls,” says Jorge Espinosa of Espinosa Trueba PL.

  • New Considerations For File Wrapper Estoppel

    Michael Ye

    A potential good-news, bad-news story would be a patent owner granted denial of a patent challenger’s inter partes review petition at the Patent Trial and Appeal Board, but later faced with a reduced scope of claim coverage because of statements it made in the preliminary response or otherwise in the proceeding, say attorneys with Andrews Kurth LLP.

  • How High Court Teva Ruling Will Affect Patent Litigants

    Stacey L. Cohen

    The U.S. Supreme Court's decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. to provide deference to the “evidentiary underpinnings” of district courts’ claim construction rulings makes clear that factual determinations in patent cases should not be treated differently than those in other areas of the law, say Stacey Cohen and Devin Kothari of Skadden Arps Slate Meagher & Flom LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 2

    Randy Kahnke

    While the world of patentable subject matter shrinks, the world of trade secret protection may be expanding, say attorneys with Faegre Baker Daniels LLP.