Intellectual Property

  • December 18, 2014

    5th Circ. Affirms $2.1M Verdict In Rap Song Rights Fight

    The Fifth Circuit on Thursday rejected a music publisher’s contention that it deserves a new trial or judgment in a long-running $2.1 million post-bankruptcy sale dispute over the rights to the song “Whoomp! (There It Is),” ruling the district court correctly nixed a new argument introduced after the trial.

  • December 18, 2014

    Alice Saves Amazon, Barnes & Noble From Not-So-Novel Idea

    A Delaware federal judge on Thursday invalidated a pair of digital file identification patents used to sue Inc. and Barnes & Noble Inc., ruling they described nothing more than an abstract idea under the U.S. Supreme Court’s Alice Corp. decision.

  • December 18, 2014

    Fed. Circ. Got Original-Patent Rule Wrong, Antares Says

    The Federal Circuit incorrectly interpreted the “original-patent rule” when it affirmed a lower court's denial of an injunction against Medac Pharma Inc. in Antares Pharma Inc.'s infringement suit, Antares said Thursday in its bid for a full-panel review of the appeals court's opinion on Antares' automatic drug injection patent.

  • December 18, 2014

    Alice Dooms Computer Education Patent, Judge Says

    A Delaware federal judge on Wednesday invalidated a patent covering a computer-aided learning system asserted by IpLearn LLC in a patent infringement suit against K12 Inc., finding the patent claimed only abstract ideas that can't be patented under the Supreme Court's Alice Corp. ruling.

  • December 18, 2014

    RICO Claims Against 'Patent Interceptor' Tossed By Judge

    A Delaware federal judge on Thursday threw out a U.S. Racketeer Influenced and Corrupt Organizations Act lawsuit Chinook Licensing DE LLC lodged against self-styled “patent interception” firm Iron Dome LLC for failing to state a claim, ruling that many of Chinook’s arguments were based on “flawed premises.”

  • December 18, 2014

    EU's Top Court Opens Door to Some Stem Cell Patents

    Europe’s high court on Thursday ruled that human stem cell technology is patentable for commercial and industrial uses as long as the stem cells are incapable of developing into a human being, giving International Stem Cell Corp. a win in its patent dispute with the British patent office.

  • December 18, 2014

    Alice Sinks 2 Patents In Netflix Row, But 3rd Patent Lives

    A California federal judge on Tuesday invalidated two content-on-demand technology patents asserted by OpenTV Inc. against Netflix Inc., saying they claimed nothing more than abstract ideas under the U.S. Supreme Court's Alice Corp. decision, but refused to nix a third patent.

  • December 18, 2014

    CMI Infringed Asetek Cooling Patent, Calif. Jury Finds

    A California federal jury on Wednesday found CMI USA Inc.’s Cool Master computer cooling systems infringed an Asetek Danmark A/S patent and awarded about $400,000 in damages after rejecting CMI’s invalidity defense.

  • December 18, 2014

    Mayo Settles Trade Secrets Suit With Former Exec

    Mayo Clinic LLC has settled for an undisclosed amount with a former top executive accused of defecting to competitor Quest Diagnostics Inc. with trade secrets, according to information obtained by Law360 on Thursday.

  • December 18, 2014

    ‘Crown Club’ Whisky Infringes 'Crown Royal,' Jury Says

    A Texas federal jury has found that a company selling “Crown Club” whisky in drawstring bags had violated the trademark rights to Diageo plc's Crown Royal — a brand of Canadian whisky sold in purple drawstring bags.

  • December 18, 2014

    Mylan Loses 4th Challenge Of Gilead Viread Patent

    The Patent Trial and Appeal Board on Wednesday rejected a petition from Mylan Pharmaceuticals Inc. to review one of Gilead Sciences Inc.’s patents related to HIV and hepatitis drug Viread, marking the board’s rejection of all four of Mylan’s bids for reviews of patents related to the drug.

  • December 17, 2014

    Many Biotech Patents At Risk After Fed. Circ. Myriad Ruling

    By striking down Myriad Genetics Inc. breast cancer test patents Wednesday, the Federal Circuit greatly expanded the reach of a U.S. Supreme Court decision on Myriad's patents on human genes and has thrown into question the validity of scores of patents involving natural material, attorneys say.

  • December 17, 2014

    Fed. Circ. Strikes Down More Myriad Cancer Test Patents

    The Federal Circuit ruled Wednesday that three Myriad Genetics Inc. breast cancer test patents are invalid for claiming patent-ineligible subject matter, another major setback for the company after the U.S. Supreme Court ruled last year that it could not patent human genes.

  • December 17, 2014

    Watson Beats Auxilium's Testim Patent Suit In Court Trial

    A New Jersey federal judge on Tuesday invalidated a patent related to Auxilium Pharmaceuticals Inc.'s Testim testosterone gel for men, saying that the patent fails for obviousness, derivation and improper inventorship, following a bench trial over Watson Laboratories Inc.'s attempt to create a generic version.

  • December 17, 2014

    Insurer Says It Doesn't Have To Cover Target In Copyright Suit

    Samsung Fire & Marine Insurance Co. Ltd. on Wednesday sued Target Corp. and lingerie maker Parisa USA in California, claiming it doesn't need to provide coverage to those companies in an underlying suit alleging they sold and manufactured copyright-infringing lingerie.

  • December 17, 2014

    Ex-Prenda Atty Now Suing Over Disability Discrimination

    One of the attorneys linked to “copyright troll” Prenda Law is now suing a slew of local businesses in Minnesota over alleged violations of the Americans With Disabilities Act, and court records indicate the actions have already caught the attention of one local judge.

  • December 17, 2014

    Samsung Points To Axed Apple Patent In $930M Award Appeal

    Samsung Electronics Co. Ltd. on Tuesday argued in its Federal Circuit appeal over a $930 million award handed to Apple Inc. that a recently affirmed rejection of one of Apple's patents-in-suit supports reversing at least $114 million of the award and vacating $35 million in royalties.

  • December 17, 2014

    ITC To Review Finnegan, Client $1.9M Spoliation Sanction

    The International Trade Commission on Tuesday announced its decision to review the $1.9 million in spoliation sanctions imposed upon Finnegan Henderson Farabow Garrett & Dunner LLP and its client for destroying and manipulating evidence in a trade secrets suit.

  • December 17, 2014

    Kind, Clif End Snack Bar Trade Dress Fight

    Rival snack bar makers Kind LLC and Clif Bar & Co. have wrapped up their trade dress dispute over the new look of Clif's Mojo bar, agreeing to a settlement centered on an altered package design that was palatable to both companies.

  • December 17, 2014

    PTAB Won't Review Orthophoenix Bone Tool Patents

    The patent board of the U.S. Patent and Trademark Office on Tuesday denied Wright Medical Technology Inc.’s requests for inter partes review of two bone-cutting patents held by Orthophoenix LLC, finding the medical device company hadn’t shown a reasonable chance of proving their claims obvious.

Expert Analysis

  • Inside New Fed. Circ. Practice Notes For Expedited Appeals

    Matthew Dowd

    Over the past several years, parties — especially in Hatch-Waxman litigation — have been more frequently seeking expedited appeals at the Federal Circuit. The court has taken notice, and its new practice notes should be seen as guidance to the bar that motions to expedite will be reviewed more critically by the court, says Matthew Dowd of Wiley Rein LLP.

  • FTC Centennial: How Health Care Antitrust Has Evolved

    Dionne Lomax

    In the 100 years since the Federal Trade Commission was established, the delivery of health care services — a profession some once argued should be exempt from antitrust scrutiny — has become one of the FTC's primary enforcement priorities. As the FTC embarks upon its second century, there are at least four emerging trends in health care antitrust enforcement, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Deposition In Inter Partes Review Is A Different Animal

    Douglas Robinson

    The differences between federal litigation procedure and inter partes review procedure have very important implications for deposition strategy in IPR. Think of the procedure as trial testimony, rather than a traditional deposition, says Douglas Robinson of Harness Dickey & Pierce PLC.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • Virtual Patent Marking — An Underutilized Tool

    Rajesh Noronha

    Despite its apparent benefits, it is understandable that virtual marking has not been widely adopted, since many questions remain about how one may comply with the applicable statutes when marking virtually, say Martin Bruehs and Rajesh Noronha of Dentons.

  • Some Hope For Software Patents Post-Alice

    Jacob Martinez

    California Institute of Technology v. Hughes Communications Inc. is significant not only because it is one of the few cases where a district court has reviewed software-related patent claims in light of Alice and found those claims to be patent-eligible, but also for the depth and breadth of the analysis by the patent-savvy California federal court, says Jacob Martinez of Chadbourne & Parke LLP.

  • What Lawyer-Novelists Learned From Being Lawyers

    Michael H. Rubin

    The consensus that emerged from my discussions with several lawyers who have become best-selling novelists is that the traits it takes to be a great lawyer are invaluable in crafting first-rate mysteries and thrillers. Both thriller authors and lawyers possess a concentrated attention to detail that allows them to create a logical framework for their story, brief or courtroom presentation, says Michael Rubin of McGlinchey Stafford PLLC.

  • How Fed. Circ. Should Address Plague Of Over-Redactions

    William Burgess

    Judges and panels of the Federal Circuit frequently express frustration with litigants who over-redact “confidential” material in their briefs, and recent developments suggest that the plague continues unabated. I suggest a simple fix — amend the Federal Circuit's rules to borrow a longstanding practice from the district courts, says William Burgess of Kirkland & Ellis LLP.

  • Inter Partes Review And A Soon-To-Expire Patent

    Don Steinberg

    Mindful that inter partes review proceedings are often brought in response to litigation, a patent owner may consider delaying assertion of a patent so that even if the defendant files an IPR proceeding very soon after receiving the complaint, the institution decision occurs after the patent has expired. This will ensure that the board utilizes the narrower Phillips standard when deciding whether to institute IPR, say attorneys with WilmerHale.

  • 2014 Year In Review Of US Biosimilar Activity

    Lisa Mueller

    2014 witnessed significant activity in the U.S. with respect to biosimilars — highlights include further debate over the naming of biosimilars, acceptance by the U.S. Food and Drug Administration of the first biosimilar application and publication of the “Purple Book,” say Lisa Mueller and Laura Opperman of Michael Best & Friedrich LLP.