Intellectual Property

  • April 23, 2015

    Canadian Hacker Gets 18 Months In $100M Microsoft IP Theft

    A Canadian man involved in an international hacking ring was sentenced to 18 months in federal prison on Thursday for stealing more than $100 million in intellectual property and other proprietary business data from Microsoft Corp. and others, according to Delaware federal court records.

  • April 23, 2015

    License Deal Not Enough To Win Patent Suit, Judge Says

    California Commerce Club is the real winner in a dispute with a casino poker game patent holder, even though its supplier signed a licensing agreement for the patents it allegedly infringed while litigation was ongoing, a California federal judge found Wednesday.

  • April 23, 2015

    Charter Tells Del. Chancery Avaya Can't Halt NJ Suit

    Cable giant Charter Communications Inc. asked a Delaware Chancery judge Thursday to deny Avaya Inc.’s request to halt a New Jersey lawsuit over a contract dispute stemming from patent litigation, which was filed the same day as a practically identical action in Delaware Superior Court.

  • April 23, 2015

    HDT Global Accused Of Stealing IP For Contamination Shelters

    A Canadian company accused U.S. defense contractor HDT Global of infringing its patent for a mobile decontamination shelter in a suit filed Thursday in Ohio federal court.

  • April 23, 2015

    Game Over For EA's Challenge To $4.9M IP Verdict

    A Texas federal judge on Thursday rejected Electronic Arts Inc.’s bid to quash a jury’s $4.9 million verdict for infringing an anti-piracy software patent held by Uniloc Luxembourg SA, ruling that while Uniloc may have tweaked its strategy, it remained consistent throughout trial.

  • April 23, 2015

    Greenberg Traurig Faces Sanctions Bid In Telemundo IP Row

    LaTele Television CA asked a Florida federal court Wednesday to sanction a Greenberg Traurig LLP attorney representing Telemundo Communications Group LLC for allegedly duping the court into allowing additional discovery in a copyright row over Telemundo's programming.

  • April 23, 2015

    USPTO Due Fees On Certain Challenges, 4th Circ. Says

    The Fourth Circuit said Thursday that any dissatisfied challengers to Trademark Trial and Appeal Board decisions who pursue district court reviews must cover all fees incurred by the U.S. Patent and Trademark Office in the proceeding regardless of which side ultimately prevails.

  • April 23, 2015

    'Paw Patrol' Toy Co. Gets Toon Ripoff Claims Trimmed

    A California federal judge on Thursday trimmed a toymaker’s suit alleging Viacom Inc. and toy manufacturer Spin Master Ltd. stole his idea for a team of talking rescue dogs with their “Paw Patrol” cartoon, saying federal copyright law preempted a Florida state law misappropriation claim against the toy company.

  • April 23, 2015

    InterDigital Trims Nokia Patent Case After ZTE Verdict

    Citing a noninfringement verdict this week in a different case against ZTE Corp., InterDigital Communications Inc. on Thursday dropped some of its patent claims against Nokia Corp., leaving only one patent at issue in a trial set to begin Monday in Delaware.

  • April 23, 2015

    ‘Bryant Park Hotel’ TM Not Enforceable, NYC Developer Says

    A condominium and hotel development that was welcomed to its midtown Manhattan neighborhood last week with a $50 million trademark infringement lawsuit fired back on Wednesday, arguing the Bryant Park Hotel shouldn’t get an injunction because its trademark is too weak to enforce.

  • April 23, 2015

    Holland & Knight Ducks Sanctions Volley In TM Suit

    A Florida federal judge on Thursday nixed Mobile Promotions Network LLC’s bid to sanction Holland & Knight LLP for representing a website design company in a “frivolous” trademark row, saying there were “some isolated incidents” where customers were confused by the alleged infringement.

  • April 23, 2015

    Celgene Drugs Join Hedge Fund's AIA Patent Hit List

    In its latest challenge to a drug patent under the America Invents Act, an organization tied to hedge fund manager Kyle Bass on Thursday took aim at a patent covering several Celgene Corp. drugs, bringing the number of drugmakers that have had patents challenged by his fund to six.

  • April 23, 2015

    NY IP Group Backs En Banc Review Of 1st AIA Decision

    The New York Intellectual Property Law Association urged the full Federal Circuit to review the Cuozzo Speed Technologies LLC case, the first-ever America Invents Act review, saying the panel was wrong to hold that decisions to institute AIA reviews can never be reviewed.

  • April 23, 2015

    Urban Outfitters Unfairly Trying To Cut Damages, Navajos Say

    The Navajo Nation told a federal judge Wednesday that Urban Outfitters Inc. is unfairly using its own shortcomings responding to discovery requests to limit potential damages in the tribes' suit over the retailer's allegedly illegal usage of the "Navajo" mark on its products.

  • April 23, 2015

    Oracle Knocks Out 3 Thought Inc. Patents In AIA Reviews

    The Patent Trial and Appeal Board ruled Thursday that three Thought Inc. data storage patents are invalid as obvious or anticipated, in a win for accused infringer Oracle Corp., which challenged them in America Invents Act reviews.

  • April 23, 2015

    2 Container Monitoring Patents Invalidated Under Alice

    A New Jersey federal judge has invalidated two Wireless Media Innovations LLC shipping container patents for claiming abstract ideas, sinking two suits brought by the company against terminal operators it accused of infringing the patented technology.

  • April 23, 2015

    Disney Hit With Patent Suit Over MagicBand System

    InCom Corp. hit The Walt Disney Co. with a patent infringement lawsuit in California district court on Thursday, alleging the Mickey Mouse creator has been illegally using InCom's attendance tracking system patents to monitor attendance and purchase history in parks with its MagicBand system.

  • April 23, 2015

    Honigman Miller Snags Patent Pro For Ann Arbor Office

    Honigman Miller Schwartz and Cohn LLP has strengthened its Ann Arbor, Michigan, patent practice with the addition of a former Brinks Gilson & Lione shareholder who has more than 25 years of experience, according to a recent announcement.

  • April 23, 2015

    Hershey Near Deal With Same-Name Lawmaker In TM Dispute

    The Hershey Co. and a Maryland state lawmaker named Steve S. Hershey, who is being accused of infringing the confectionery company's famous brown and white trade dress by making campaign signs that mimicked the company's chocolate bar wrappers, announced Wednesday they have hammered out a tentative agreement to end the dispute.

  • April 23, 2015

    Toyota Settles Copyright Suit Over BB King Commercial

    Toyota Motor Sales USA agreed to settle a copyright suit Thursday, just one day after it argued that a Nevada federal judge had misconstrued copyright law by failing to find that a man who wrote a book about returning a stolen guitar to B.B. King is barred from suing the automaker over a commercial with the same plot.

Expert Analysis

  • Merits Of An XML-Based Invention Disclosure Standard

    Sunjeev Sikand

    Although deploying an extensible markup language invention disclosure system takes work, organizations that set up such a system will generally reap the rewards a year or two down the road, say Sunjeev Sikand of RatnerPrestia PC, Robin Hunziker of General Electric Global Research, and James Leonard of Price Heneveld LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • For Biosimilars Under Medicare, It Is Just The Beginning

    Preeya N. Pinto

    The U.S. Food and Drug Administration has yet to designate any biosimilar products as “interchangeable” and, although the Centers for Medicare and Medicaid Services' position on the Medicaid Drug Rebate Program is broadly applicable to all biosimilars, it remains unclear whether CMS will treat all biosimilars equally under Medicare, say attorneys at King & Spalding LLP.

  • Expert Can Make Or Break Inherent Anticipation Case

    James Gumina

    Often the best way to establish inherency is to have your expert replicate the prior art and test the results to demonstrate the presence of the missing claim element. This can, however, be a risky proposition, says James Gumina of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Farewell, Entire Market Value Rule

    Aaron Fahrenkrog

    Entire market value rule, thank you for your efforts in patent damages jurisprudence, but you are no longer needed. You may have taken a glimmer of hope from the Federal Circuit’s opinion in Ericsson, where you received praise and vitality as a “substantive legal rule” derived from the damages statute, but Ericsson’s exposure of your underlying principles may be your undoing, say attorneys with Robins Kaplan LLP.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • The ITC’s Secret Domestic Industry Issue

    Elizabeth Niemeyer

    When a patent owner keeps the identity of its domestic industry licensee a secret, it can compromise the U.S. International Trade Commission’s ability to receive information it needs in order to determine whether to issue a remedial order designed to protect that industry, say Elizabeth Niemeyer and Smith Brittingham IV of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Don’t Forget To Request PTAB Authorization For Motions

    Michael Siekman

    Although it appears that the Patent Trial and Appeal Board is employing a more flexible and less formalistic approach to considering motions filed without prior authorization and granting requests for extensions of time, it is still a best practice to follow the board’s rules and request authorization, say Michael Siekman and Chelsea Loughran of Wolf Greenfield & Sacks PC.

  • Time To Re-Evaluate Your TLD Strategy

    Sheri Falco

    It is clear that many marks owners have not yet maximized the trademark protections built into the new top-level domain program, says Sheri Falco, general counsel of ICM Registry LLC.

  • Practical Guidelines For IP Portfolio Management

    Michael Moore

    By establishing a process for regular review of patent portfolio filing and management decisions and by engaging with appropriate stakeholders in the process, a patent owner can bring discipline, judgment and strategic thinking to management of its portfolio, says Michael Moore, intellectual property and deputy general counsel at Rambus Inc.