Intellectual Property

  • August 26, 2016

    Appeals Court Questions Royalty Pact For Beats Headphones

    A California appeals court considering whether to revive claims that Dr. Dre’s Beats Electronics cut the designer behind its first headphones out of royalties for subsequent models asked Friday if the designer’s deal was murky and why a patent on his work also covers another Beats product.

  • August 26, 2016

    TQ Delta Says Tech IP Passes Alice Test In Verizon Suit

    Digital subscriber line technology company TQ Delta LLC urged a Delaware federal judge Friday to not invalidate its patents for high-speed communication technology in infringement suits against Verizon, Comcast and other telecom companies, arguing the patents are valid under the U.S. Supreme Court’s Alice ruling.

  • August 26, 2016

    Gilstrap Kills 2 Intellectual Ventures Patents Under Alice

    Judge Rodney Gilstrap of the Eastern District of Texas has invalidated two retail patents that Intellectual Ventures accused J. Crew of infringing, saying they claim only abstract ideas under the U.S. Supreme Court’s Alice decision, but he decided not to invalidate a third patent.

  • August 26, 2016

    Ugly IP Feud Results In Sanction Call For Counsel

    Witness-coaching by a New York lawyer and repeated instances of bad deposition conduct in a combative trade secrets case violated a court order and justify sanctions, a California magistrate judge said in a Thursday decision.

  • August 26, 2016

    Trader Joe's TM Claim Against Canada's 'Pirate Joe' Revived

    The Ninth Circuit in a published opinion on Friday partly revived a trademark infringement suit from Trader Joe’s against a man who created “Pirate Joe’s” in Canada, a store populated with goods he purchased from the chain grocer in the United States. 

  • August 26, 2016

    Moose Wizz Root Beer Violates Brewer's Trademark, Jury Says

    A New York federal jury on Friday found that a trademark held by Canada-based Moosehead Breweries was willfully infringed by an upstate New York pub and brewery that makes and sells a brand of root beer called Moose Wizz, awarding Moosehead $8,800 in lost profits.

  • August 26, 2016

    6th Circ. Says Food Co. Can't Evade Policy's TM Exclusion

    The Sixth Circuit rejected food supplier S. Bertram Inc.'s bid for defense coverage in a competitor's trademark suit, holding Friday that the underlying action alleges only intellectual property infringement, which is excluded under Bertram's policy with Citizens Insurance Co. of America.

  • August 26, 2016

    Fed. Circ. Upends Ammo Co.’s $16M Patent Win Against Army

    A Federal Circuit panel on Friday shot down Liberty Ammunition Inc.’s $15.6 million judgment against the U.S. Army for infringing a lead-free bullet patent, concluding that a Federal Claims judge misread the technology descriptions in conflating the company’s rounds with the ones developed by the government.

  • August 26, 2016

    Judge Backs Short-Term Freeze On 'Hotel Chicago'

    A federal magistrate judge recommended temporarily blocking a car dealership owner from using “Hotel Chicago” to advertise his recently opened hotel, saying Thursday that a Marriott-affiliated competitor has a good chance of a winning a trademark case against him.

  • August 26, 2016

    Historic Race Game Doesn't Infringe Tracks, 6th Circ. Told

    Gaming and entertainment company Kentucky Downs LLC has urged the Sixth Circuit to throw out a trademark suit brought by a group of racetrack owners, arguing that the use of the tracks’ names in its gaming software is a permissible use.

  • August 26, 2016

    Gilead, Emory Drop HIV Drug Generic Suit

    A New Jersey federal judge agreed Thursday to dismiss Gilead Sciences Inc. and Emory University's suit alleging Indian drugmaker Hetero Drugs Ltd. infringed four patents for HIV treatment Truvada by seeking U.S. Food and Drug Administration approval to make a generic of the drug.

  • August 26, 2016

    Texas' C&J Energy Sues Ex-VP Who Left For Competitor

    C&J Energy Services Ltd. on Thursday filed a lawsuit in Houston against its former senior vice president and general manager, telling the court it needed immediate intervention to prevent the former employee from divulging its trade secrets to his new employer — a direct competitor where he now holds a similar leadership position.

  • August 26, 2016

    T-Mobile, AT&T Whittle Down Intellectual Ventures IP Suit

    A Delaware federal judge on Thursday trimmed yet another patent from Intellectual Ventures' originally massive infringement suit against AT&T, T-Mobile and others, after the telecom giants argued that IV did not even own the patent when the company launched the case.

  • August 25, 2016

    Conservative Schlafly Group Leaders Spar Over ‘Copycat’ Org

    An internal squabble between leaders of conservative activist Phyllis Schlafly's advocacy group landed in Illinois federal court on Thursday, this time alleging members of the Schlafly family, including Phyllis Schlafly herself, are responsible for setting up a copycat organization.

  • August 25, 2016

    BlackBerry, Tech Security Firm Can't Wrap IP Suit, Judge Says

    A Delaware federal judge on Thursday declined to grant competing summary judgment motions on whether global mobile device maker Blackberry infringed a data encryption patent owned by Maz Encryption Technologies Inc., saying there was not yet enough evidence to rule on the issue one way or the other.

  • August 25, 2016

    7th Circ. Slams 'Bait And Switch' In Bug Repellent TM Row

    A Seventh Circuit panel on Thursday overturned a lower court’s findings that a nutrition product corporation infringed S.C. Johnson & Son Inc.’s “Bug Off” trademark for insect repellents, saying the district judge abused his discretion in allowing a “bait-and-switch maneuver” by the household cleaner giant.

  • August 25, 2016

    Beyonce Trailer Is 'Simply Not Similar' to Film, Rakoff Hears

    Beyonce’s 65-second trailer for her visual album “Lemonade” is “simply not similar” to the seven-minute short film “Palinoia,” whose maker accused the chanteuse of copyright infringement, U.S. District Judge Jed Rakoff heard Thursday.

  • August 25, 2016

    Sports Merch Dealer's IP Licensing Suit Punted To State Court

    A sports memorabilia dealer embroiled in a patent ownership dispute with First Data Corp. won a double victory Thursday when a New Jersey federal judge agreed his contract claims should proceed in state court and dismissed First Data’s suit because the outcome would turn on the state case.

  • August 25, 2016

    Brad Paisley, Carrie Underwood Beat Song Copyright Suit

    A Tennessee federal judge on Thursday tossed a copyright infringement suit against singers Brad Paisley and Carrie Underwood over their song “Remind Me,” saying the 2011 chart-topper doesn’t steal a hook from a songwriter.

  • August 25, 2016

    Hard Candy Wants Jones Day Out Of Katy Perry Makeup Suit

    Cosmetics maker Hard Candy urged a Florida federal court Thursday to disqualify Jones Day as opposing counsel in a trademark suit over the design of Procter & Gamble's Katy Perry CoverGirl products, citing the firm's hiring of an attorney who previously handled its trademarks.

Expert Analysis

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • PTAB's 1st Preliminary Reply And Surreply Under New Rules

    Monica Grewal

    Last month, in Apple v. Personalized Media, the Patent Trial and Appeal Board for the first time granted a request for leave to file a reply. By contrast, a few weeks earlier in Xactware v. Pictometry, the board denied such a request. These cases illustrate some of the factors petitioners should consider when requesting leave to file a preliminary reply, say Monica Grewal and Michael H. Smith of WilmerHale.

  • Tips For Patent Applications Facing 'Abstract Idea' Rejection

    Christopher Hall

    The shifting landscape for software and computer-based inventions challenges patent practitioners to come up with effective strategies when facing the Section 101 rejection of claims allegedly directed to an abstract idea. Christopher Hall of Womble Carlyle Sandridge & Rice LLP discusses some steps he has found useful in responding to office actions.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • A Look At GAO Recommendations For Improving Patents

    Greg Webb

    A recent Government Accountability Office report on the quality of patents issued by the U.S. Patent and Trademark Office comes at a time of upheaval in the intellectual property world. Different ideas exist on how to carry out reform, and the GAO report highlights the presence of at least two distinct camps within government agencies, say attorneys with Haynes and Boone LLP.

  • CFAA Clarity From 9th Circ. Password-Sharing Decisions

    Hanley Chew

    Coming less than two weeks apart in July, the Ninth Circuit's decisions in U.S. v. David Nosal and Facebook v. Power Ventures provide some guidance — at least in the Ninth Circuit — concerning when password-sharing is permissible under the Computer Fraud and Abuse Act, say Hanley Chew and Sebastian Kaplan of Fenwick & West LLP.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)

  • DTSA — New Strategy For 'Bring Your Own Cloud' Issues

    Christina Von der Ahe

    Recent controversies in federal courts around the country illustrate the potential pitfalls employers face in crafting use parameters that permit employee flexibility while fully addressing the risks of cloud computing and "bring your own cloud" policies. The Defend Trade Secrets Act may provide an effective tool for companies, say Christina Von der Ahe and Daniel Corbett of Orrick Herrington & Sutcliffe LLP.

  • Patent Term Extension Not A 1-Trick Pony For Animal Drugs

    Jeremiah B. Frueauf

    The animal drug and health industry is not immune from the regulatory marketing approval process seen in its companion human drug and health industry. Animal drug innovators, however, have options in how they apply for both U.S. Food and Drug Administration approval and patent term extension, say attorneys with Sterne Kessler Goldstein & Fox PLLC.