Intellectual Property

  • March 31, 2015

    GT Strikes Deal For $45M Ch. 11 Asset Sale

    A unit of sapphire maker GT Advanced Technologies Inc. requested a New Hampshire bankruptcy court's blessing Tuesday for a $45 million sale of sapphire furnaces and the maintenance of an IP licensing deal, which would hand off furnaces originally intended to make screens for Apple Inc. phones to an unknown Chinese buyer.

  • March 31, 2015

    'Three's Company' Play Is Protected Parody, Judge Says

    A New York federal judge ruled Tuesday that a dark off-Broadway play riffing on "Three's Company" was a parody protected by the fair-use doctrine, not an infringement of the iconic 1970s sitcom.

  • March 31, 2015

    NY Court Revives MPEG LA's $4M Converter Box Royalty Suit

    A New York appeals court on Tuesday revived patent-pool manager MPEG LA LLC’s bid to rope the owners of GXI International LLC into a breach of contract suit seeking to extract nearly $4 million from the company for television converter box royalties, finding that the business's owners were involved enough to be named as alter ego defendants.

  • March 31, 2015

    ITC To Investigate Ericsson Patent Complaints Against Apple

    The U.S. International Trade Commission said Monday it will investigate whether Apple Inc. violated trade laws by importing electronics that may infringe on several Ericsson Inc. patents, as a bitter legal battle between the two tech giants continues to play out.

  • March 31, 2015

    High Court Appears Split On 'Good Faith' Patent Defense

    The U.S. Supreme Court appeared split on Tuesday on whether to uphold a Federal Circuit ruling that a company's good faith belief that a patent is invalid can serve as defense to induced infringement, with the justices debating whether the defense is grounded in patent law or wrongly excuses liability.

  • March 31, 2015

    Amazon, Retailers Get DVD Parental Control IP Suit Trimmed

    A California federal judge ruled Monday that DVD players that contain parental control features sold by Amazon.com Inc. and other electronics retailers do not infringe a patent held by Guardian Media Technologies, a decision that cuts the litigation in half.

  • March 31, 2015

    McDermott Patent Pros Take IP Team To Paul Hastings

    Two ex-McDermott Will & Emery LLP intellectual property aces on Monday made official their move to Paul Hastings LLP, bringing with them a half dozen other former McDermott IP partners to Paul Hastings' Palo Alto and Washington, D.C., offices.

  • March 31, 2015

    Judge Won't DQ Milberg & DePhillips In Surfboard IP Row

    A California federal judge on Monday refused to disqualify Milberg & DePhillips PC from representing a celebrity surfer and co-owner of Kookbox Surfboards Inc. in a suit alleging he’s using the company’s trademark in a separate venture, saying the firm doesn’t have confidential information that’s adverse to Kookbox from the earlier trademark filing.

  • March 31, 2015

    Intellectual Ventures Rips Alice Attack In Symantec IP Suit

    Intellectual Ventures I LLC blasted a bid by Symantec Corp. to invalidate three antivirus software patents as abstract under the U.S. Supreme Court's Alice framework after the company was hit with a $17 million infringement verdict, arguing Monday that Symantec's argument would mean that no software is patentable.

  • March 31, 2015

    Viacom Wants Court To ID Owners Of 'Nick' Streaming Site

    Viacom Inc. is pushing a federal judge to force PayPal Inc. and various others to turn over the identities of whoever launched NickReboot.com, the now-defunct streaming service for classic episodes from Viacom's Nickelodeon cable network.

  • March 31, 2015

    EBay Gets Online Auction Patent Nixed Under Alice

    EBay Inc. has short-circuited an infringement suit filed by patent-holding company Advanced Auctions LLC as a California federal judge invalidated Advanced Auctions’ online auction patent, ruling it covers an abstract idea and is unpatentable under the Alice Corp. standard.

  • March 31, 2015

    Ranbaxy, AstraZeneca Say Plaintiffs Lack Basis For New Trial

    Ranbaxy Inc. and AstraZeneca PLC urged a Massachusetts federal court Monday to deny a bid by plaintiffs who lost a recent pay-for-delay class action trial over the heartburn drug Nexium to file a supplemental submission, saying it provided no basis for a new trial.

  • March 31, 2015

    Filmmakers Blast Stroock Arbitration Bid In $32M Row

    A production company that hit Stroock & Stroock & Lavan LLP with a $32 million legal malpractice suit in California called the firm’s recent attempt to force arbitration “confusing” and “inaccurate,” saying it never signed a retainer agreement the firm claims compels arbitration.

  • March 31, 2015

    Colo. Resort Settles With J. Crew Over 'Broadmoor' Mark

    J. Crew Group Inc. has agreed to settle a trademark infringement lawsuit with Colorado resort The Broadmoor that accused the retailer of selling Broadmoor-branded men's outerwear that infringed its apparel-related marks, according to a legal brief filed Tuesday.

  • March 31, 2015

    EA Faces Patent Suit Over Multiplayer Gaming

    Technology incubator Acceleration Bay LLC sued Electronic Arts Inc. Monday in Delaware federal court for allegedly infringing on six patents in its multiplayer video games, including FIFA 15, NHL 15 and Tiger Woods PGA Tour 14.

  • March 31, 2015

    Fed. Circ. Revives Generic Benicar Exclusivity Challenge

    In a precedential opinion, the Federal Circuit on Tuesday revived a suit by Apotex Inc. that sought a judgment that its generic version of Daiichi Sankyo Inc.'s hypertension drug Benicar will not infringe a patent that Daiichi had disclaimed, saying that the lower court wrongly determined that no controversy existed.

  • March 31, 2015

    Heinz Loses Bid To Kill 'Smart Balance' Frozen Food TM

    The H.J. Heinz Co., which makes Weight Watchers "Smart Ones" frozen meals, has lost a long-running fight to block the makers of "Smart Balance" spread from registering their brand name as a trademark for frozen foods and snacks.

  • March 31, 2015

    6th Circ. Told Larry Flynt's Attys Schemed Against Brother

    Larry Flynt’s brother on Friday urged the Sixth Circuit to revive his legal malpractice suit against his former long-time lawyer, Paul Cambria, and his firm, Lipsitz Green Scime Cambria LLP, saying the attorneys “orchestrated” a plan to squeeze him out of an adult-themed store in Cincinnati with the Hustler trademark.

  • March 31, 2015

    GSK Urges 3rd Circ. To Nix $121M Damages In Paxil Row

    GlaxoSmithKline PLC has defended its push for the Third Circuit to vacate about $121 million in damages against the company, saying that the award is based on an unqualified expert witness whom Mylan Inc. used in its suit accusing GSK of breaching an exclusivity agreement over generic Paxil.

  • March 30, 2015

    Mid-Continent Says Magistrate Erred In $63M Coverage Fight

    Mid-Continent Casualty Co. on Friday urged a Texas federal court to reject a magistrate judge's recommendation and grant its bid to dismiss a suit claiming it must pay part of a $63 million judgment an architectural firm won after suing a defunct homebuilder for using its designs without permission.

Expert Analysis

  • Patent Reform — Texas Style

    Richard Smith

    On the heels of initiatives by other states, Texas may soon have its own statute addressing demand letters that allege patent infringement. Of particular interest in the recently filed bill are the registration and disclosure requirements for certain patent infringement claims, says Richard Smith, an intellectual property attorney.

  • TTAB Litigation Just Got More Complicated, More Expensive

    Jane Shay Wald

    Perhaps most frustrating about the decision in B&B Hardware Inc. v. Hargis Industries Inc. was the U.S. Supreme Court's dismissive approach to the very real concern that Trademark Trial and Appeal Board proceedings are incredibly different from district court infringement cases, says Jane Shay Wald of Irell & Manella LLP.

  • 3rd Circ. Keeps Open Possible Fracking Carveout Challenge

    Emily B. Thomas

    Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.

  • YourBrand.Sucks: How To Deal With The New GTLD

    Andrea Calvaruso

    The launch of the .sucks generic top-level domain is of particular concern to brand owners. But all is not necessarily lost for companies who are not willing or able to purchase domain names in the .sucks registry, say Andrea Calvaruso and Ana Correa of Kelley Drye & Warren LLP.

  • Adventures In Post-Alice Wonderland

    Ji-Yong Chung

    Just like Alice used magical tonics to escape from her predicaments in Wonderland, patent practitioners can create a potion to escape misguided application of the U.S. Supreme Court's Alice test for subject matter eligibility. To discover the ingredients, we must embark on a tour of post-Alice decisions from the Federal Circuit, district court and Patent Trial and Appeal Board, says Ji-Yong Chung, an attorney with Snyder Clark Lesc... (continued)

  • SEPs Don't Need A Different Reasonable Royalty Analysis

    Aaron Fahrenkrog

    The introduction of a single fact — standardization — has thrown reasonable royalty analyses into deep and unnecessary complexity. Using our “footprint” methodology, reasonable royalty damages for standard-essential patents can be calculated the same way as in any other case, say attorneys with Robins Kaplan LLP.

  • BPCIA: How Long Is The Party, And Do I Have To Dance?

    Leslie-Anne Maxwell

    A California federal court's recent ruling in Amgen Inc. v. Sandoz Inc. is the first to interpret two key provisions of the Biologics Price Competition and Innovation Act and, if upheld on appeal, will have a tremendous impact on the patent litigation strategies of both reference product sponsors and biosimilar applicants going forward, say attorneys with Cantor Colburn LLP.

  • 'Chicago Mix' — Generic Popcorn Blend Or Trademark?

    Lora Friedemann

    Small popcorn manufacturer Candyland Inc. claims that industry giants using its registered “Chicago Mix” mark are infringers, but Cornfields Inc. and Snyder’s-Lance Inc. have asserted that “Chicago mix” is the generic name for a blend of caramel and cheese popcorn. Notably, Candyland’s use of the trademark on its website is less than ideal from a trademark owner’s perspective, says Lora Friedemann of Fredrikson & Byron PA.

  • The Demise Of SAWS And The Power Of Public Attention

    Kate Gaudry

    Less than three months after our first Law360 article on the U.S. Patent and Trademark Office's secret Sensitive Application Warning System program, SAWS was shut down. We see this as a very strong success story as to the results that can be obtained through active involvement and full engagement, say Kate Gaudry and Thomas Franklin of Kilpatrick Townsend & Stockton LLP.

  • 3 Ways To Curb Insider Threats Without Alienating Employees

    Thom Ottoson

    Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.