Intellectual Property

  • July 6, 2015

    Ford Helped Steal Machine Design From Bidder, Suit Says

    Ford Motor Co. was hit with a trade secrets suit in Illinois court on Thursday alleging the auto giant shot down Bertsche Engineering Corp.’s bid on a contract for a cutting-edge metal-working machine and then helped the winning bidder steal Bertsche’s design.

  • July 6, 2015

    Shire Says Fed. Circ. Misapplied Teva Deference Standard

    Shire Development LLC has asked the full bench of the Federal Circuit to review an earlier decision that overturned a patent win in the drugmaker’s favor, arguing the appellate court incorrectly applied the patent review standard recently set by the U.S. Supreme Court in Teva v. Sandoz.

  • July 6, 2015

    Fed. Circ. Told To Reject Joint Infringement Review Bid

    Limelight Networks Inc. has pushed back against Akamai Technologies Inc.'s bid for a full Federal Circuit review of a recent ruling that multiple parties can be held jointly liable for patent infringement only in rare situations, saying the appellate court's decision was on the money.

  • July 6, 2015

    Gould & Ratner Nabs Loeb & Loeb Atty To Head Its IP Group

    Chicago-based Gould & Ratner LLP has brought on a former Loeb & Loeb LLP attorney who serves clients in the life sciences, technology and telecommunications industries to chair its intellectual property group and to be a partner in its litigation and business counseling and transactional practices.

  • July 6, 2015

    Ex-Goldman Coder Gets Theft Conviction Reversed

    A New York state judge on Monday overturned the conviction of former Goldman Sachs Group Inc. programmer Sergey Aleynikov, who was accused of stealing the financial giant’s computer code for its high-frequency trading platform, marking the second time a court has set aside a guilty verdict against him.

  • July 2, 2015

    Supreme Court Justices Held Stock In Cos. Involved In Cases

    Financial disclosures from the U.S. Supreme Court Thursday show several justices held stakes in companies involved in cases last year, including Chief Justice John Roberts, who owned at least $250,000 in Time Warner Inc. stock when it was involved in the American Broadcasting Company v. Aereo case.

  • July 2, 2015

    Fed. Circ. Nixes Atty Fee Award To Orbis In IP Dispute

    The Federal Circuit refused to let Orbis Corp. collect attorneys’ fees from Buckhorn Inc. on Thursday after Orbis beat a container patent suit filed by Buckhorn, even though the company had been allowed to collect $2.8 million in fees from a co-plaintiff.

  • July 2, 2015

    Apple Dodges Potential $1.6B Award In Smartflash IP Suit

    A Texas federal judge on Thursday said Apple Inc. did not willfully infringe media storage patents held by Smartflash LLC, nullifying a jury’s determination of willful infringement which Smartflash asserted entitled it to have a $533 million damages award tripled to $1.6 billion.

  • July 2, 2015

    Unfinished Navy Vessels Cut From FastShip Patent Suit

    Several U.S. Navy ships have been let off the hook in FastShip LLC’s patent suit, after the U.S. Court of Federal Claims found that the vessels’ allegedly infringing components were unfinished when FastShip’s patents expired.

  • July 2, 2015

    Fed. Circ. Chops $100M Off Schlumberger Patent Verdict

    The Federal Circuit on Thursday threw out about $100 million of a $124 million damages award that oil field services provider Schlumberger Ltd. won in a patent suit against rival Ion Geophysical Corp., ruling that lost profits cannot be awarded for damages resulting from contracts performed abroad.

  • July 2, 2015

    Daiichi Sankyo Loses Patent Term Adjustment Challenge

    The Federal Circuit on Thursday rejected a pharmaceutical company’s challenge to the way the U.S. Patent and Trademark Office calculated patent term adjustments for two of its patents on treating dead tissue, saying the agency’s decision wasn’t unreasonable.

  • July 2, 2015

    Brand Battles: Bayer, Philips, HBO, Red Bull

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Bayer's Phillips' Milk of Magnesia and Koninklijke Philips come to blows, HBO takes on Sling Media over a “Slingshot,” and Red Bull is “red” in the face over soft-drink mark.

  • July 2, 2015

    8th Circ. Urged Not To Rehear $42M NFL Player IP Deal

    The settling plaintiffs in a $42 million settlement between the NFL and nearly 25,000 players over the use of players' likenesses in NFL-sponsored TV shows told the Eighth Circuit on Thursday not to rehear the case, despite several former players’ request for a rehearing.

  • July 2, 2015

    Verizon Prevails As Judge Axes Spherix Patent Under Nautilus

    Verizon Communications Inc. has beaten a suit alleging it infringed a Spherix Inc. modular networking data patent that was acquired from Rockstar Consortium U.S. LP, with a Virginia federal judge ruling Wednesday that the patent is indefinite under the framework established by the U.S. Supreme Court's Nautilus ruling. 

  • July 2, 2015

    Fla. Jury Clears IP Firm Of Malpractice In Legal Fees Flap

    A Florida federal jury on Thursday found in favor of intellectual property firm Stein Law PC on malpractice charges brought by a medical supply company, but rejected a series of counterclaims the firm brought related to alleged contract breaches.

  • July 2, 2015

    Dentons DQ’d Over Verein Conflict In Gap Patent Case

    A U.S. International Trade Commission judge took the “drastic remedy” of disqualifying Dentons US LLP from representing an Ohio company in a patent suit against Gap Inc., saying the Swiss verein structure of the firm did not prevent lawyers from breaching their duty of loyalty to Gap, a longtime client.

  • July 2, 2015

    3M Rival Seeks Punitive Damages For 'Baseless' IP Suit

    Moldex-Metric Inc. wants punitive damages from 3M Co. for allegedly trying to monopolize military contracts for earplugs with a “baseless” patent suit, according to a filing Wednesday in a Minnesota federal court suit that accuses 3M of a pattern of edging out the competition. 

  • July 2, 2015

    FTC Asks Court To Review AbbVie Pay-For-Delay Dismissal

    The Federal Trade Commission asked a Pennsylvania federal judge Wednesday to consider taking a second look at a May ruling that gutted the agency’s pay-for-delay suit against AbbVie Inc. over testosterone drug AndroGel, following a recent Third Circuit decision in a similar case.

  • July 2, 2015

    Wilson Hits Back In Football Helmet Strap Patent Suit

    Sports equipment maker Wilson Sporting Goods Co. asked a Texas federal court Thursday to toss a patent infringement suit lodged against it by SportStar Athletics Inc., saying the football helmet chin-strap in question does not violate the asserted patents.

  • July 2, 2015

    Hyundai Ripped Off Adaptive Headlight Tech, Suit Says

    Hyundai Motor America was hit with a patent infringement lawsuit on Wednesday alleging that at least two of its vehicle models contain built-in adaptive, self-leveling headlight technology that infringes on a headlight maker’s patents, according to a complaint filed in Delaware federal court.

Expert Analysis

  • An 'Exceptional Case' One Year After Octane: Part 1

    Timothy P. Cremen

    Now that we have reached the one-year anniversary of the U.S. Supreme Court's decisions on fee-shifting in patent cases, it is worth looking back at the history of fee-shifting and how the Federal Circuit and various district courts have applied Octane and Highmark, say attorneys with Paul Hastings LLP.

  • Music In Politics — Copyright And Lanham Act In The Mix

    Since Frank Sinatra helped John F. Kennedy get elected to the presidency in 1960, every candidate has used popular music to help inspire voters. But the copyright laws and Lanham Act do not give them free rein to use musician’s work without license — and musicians have started to fight back. Entertainment attorney Allen Grodsky explores the trend.

  • Post-Grant Challenges In Life Sciences: A Midyear Assessment

    Raymond Miller

    Inter partes reviews and post-grant reviews have only begun to affect the life sciences industries. While petitions filed by hedge fund-like entities have grabbed headlines, highlighting the law of unintended consequences of post-grant proceedings and causing uncertainty in the industry, the vast majority of IPRs have been filed by generic and branded competitors, say Raymond Miller and Nicole Stakleff of Pepper Hamilton LLP.

  • The Commil Decision And What It Leaves Unanswered

    J. Karl Gross

    Throughout the Commil USA LLC v. Cisco Systems Inc. opinion, the U.S. Supreme Court treated knowledge and intent as binary concepts — the accused inducer either possessed knowledge and intent or it did not. Unfortunately, this understanding does not reflect the realism of litigation in the district courts, says J. Karl Gross of Leydig Voit & Mayer Ltd.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • Weigh TMs Before Reacting To NLRB McDonald’s Complaints

    Allyson Fair

    Until a resolution is reached in the National Labor Relations Board's McDonald’s USA LLC case, companies and employment lawyers focusing on how to frame the franchisor/franchisee relationship should keep in mind that trademark issues are intertwined with the joint liability question, says Allyson Fair of Sideman & Bancroft LLP.

  • How A Funding Provision For PTO Almost Derailed The AIA

    Aaron Cooper

    Four years ago this week, the House voted for the America Invents Act. Much has been written about the legislative history of the AIA, but one story that is rarely told concerns how the bill — which had passed the Senate 95-5 and was approved by the House Judiciary Committee 32-3 — almost never made it to the House floor, says Aaron Cooper, of counsel at Covington & Burling LLP and former chief counsel for intellectual property and... (continued)

  • 4 Life Science Innovations That Give Life To Patent Growth

    Kevin M. Granahan

    With a rapidly increasing and largely inelastic demand resulting from health-conscious and aging populations throughout the world and the relative availability of capital, the life sciences industry is in an enviable position regarding patent growth — especially when compared with other industries competing for revenues, say Kevin Granahan and David Magagna at Fox Rothschild LLP.

  • A Rare 'Spaghetti' Software Code Copyright Decision

    Jeffrey Kass

    Can licensed code be embedded in other code and still receive copyright protection? Jury decisions like the recent U2logic Inc. v. American Auto Shield LLC case in Colorado may provide some guidance and help software developers protect their valuable programs, says Jeffrey Kass of Polsinelli PC.

  • Filing Intent-To-Use TM App? Be Prepared To Prove Intent

    Andrea Jasinek

    The Federal Circuit’s recent decision in M.Z. Berger & Co. v. Swatch AG serves as a cautionary tale for hastily filed intent-to-use trademark applications, says Andrea Jasinek of Stoel Rives LLP.