Intellectual Property

  • October 8, 2015

    Fed. Circ. Wrestles With Abstraction In Network Patent Case

    A Federal Circuit panel on Thursday grappled with the concept of abstraction under the U.S. Supreme Court’s Alice standard for patent eligibility, hearing arguments from an Internet data company that a judge wrongly invalidated its network accounting patents after having previously found they used a concrete implementation.

  • October 8, 2015

    Jury Awards $5M Verdict In Closed-Caption Phone Patent Row

    A jury granted Ultratec Inc. a $5.4 million damages judgment for intellectual property infringement in Wisconsin federal court Wednesday, days after rejecting Sorenson Communications Inc.'s argument that three claims in a closed-captioned telephone system patent were obvious.

  • October 8, 2015

    Nike Asks Fed. Circ. To Ax ‘Obvious’ Ruling In Adidas IP Fight

    Nike told a Federal Circuit panel Thursday that the Patent Trial and Appeal Board was wrong to scrap its bid to tweak a patent for running shoe technology that Adidas has challenged, arguing the new claims are not an “obvious” retread of prior art.

  • October 8, 2015

    Hoyng Monegier Joins Forces With Reimann Osterrieth

    European Intellectual property boutique firms Hoyng Monegier LLP and Reimann Osterrieth Kohler Haft have merged to become Hoyng Rokh Monegier, the new firm announced this week.

  • October 8, 2015

    Finance Chairman Bristles At TPP's Drug, Tobacco Provisions

    Senate Finance Committee Chairman Orrin Hatch, R-Utah, offered a fuller glimpse of his objections to the recently completed Trans-Pacific Partnership Wednesday, chiding the pact for its insufficient protection of biologic medicines and its insulation of tobacco control measures from legal challenges.

  • October 7, 2015

    Late Changes In Oracle Patent Suit Rejected By Judge

    The California federal judge overseeing software maker Thought Inc.’s case accusing Oracle of infringing a patent on database technology on Wednesday struck down allegations recently added to the suit by both parties, saying they each waited too long to make their new claims.

  • October 7, 2015

    Apple, Facebook Beat Data Processing, Storage Patent Suits

    A California federal judge on Tuesday dismissed patent infringement claims against Facebook Inc., Apple Inc., Yelp Inc. and a group of other tech giants, holding the plaintiff’s two disputed patents claimed abstract ideas regarding data management that are non-patentable.

  • October 7, 2015

    Hedge Fund Gets PTAB To Eye VirnetX Patents In Apple Case

    A hedge fund persuaded the Patent Trial and Appeal Board on Wednesday to review two VirnetX network security patents that Apple has been found to infringe, as the board rejected VirnetX's argument that the fund's petitions should be denied as an improper attempt to manipulate its stock price.

  • October 7, 2015

    5 Mistakes To Avoid In Patent Prosecution

    Patent prosecution sets the stage for companies to protect and enforce their innovations, but attorneys who try to obtain patents that are claiming everything under the sun or are weighed down by vague, impenetrable terminology will face a long haul before the U.S. Patent and Trademark Office. Here, lawyers share the most common mistakes by patent prosecutors and how to avoid them.

  • October 7, 2015

    6th Circ. Leaves Cheerleader Uniform IP Protection In Place

    The Sixth Circuit refused Wednesday to reconsider an August panel ruling that said cheerleading uniforms are eligible for copyright protection, rejecting a petition from a uniform manufacturer claiming the decision could have “immense practical implications” for the apparel industry.

  • October 7, 2015

    Black & Decker Wants Injunction After $54M Trade Dress Win

    Black & Decker Corp. asked an Illinois federal judge Wednesday to permanently bar Positec USA Inc. from using a yellow-and-black color scheme on its power tools and packaging following a jury’s $54 million verdict that Positec infringed the trade dress of Black & Decker's DeWalt-branded power tools.

  • October 7, 2015

    Wyeth, Abbott Agree To Dismiss Suit Over Stent Patents

    The parties in a patent infringement lawsuit filed by Wyeth Pharmaceuticals Inc. and a Johnson & Johnson unit against Abbott Laboratories over drug-coated stents have agreed to drop the dispute, ending six years of litigation, according to a Wednesday filing in New Jersey federal court.

  • October 7, 2015

    SIGA Asks Del. Justices To Ax $195M PharmAthene Ruling

    Bankrupt SIGA Technologies Inc. pushed the Delaware Supreme Court to overturn a Chancery Court decision hitting it with a $195 million judgment in litigation with PharmAthene Inc. over a failed merger and licensing agreement connected to a smallpox drug for the nation’s stockpile, arguing the lower court improperly determined damages.

  • October 7, 2015

    NPE Drops Kickstarter Suit Over Online Sex-Toy Patent

    Nonpracticing entity TZU Technologies LLC has told a California federal court that it is dropping a suit accusing Kickstarter of violating a patent covering the interactive control of sex toys by helping fund the manufacture of a product that allows users to remotely hold hands.

  • October 7, 2015

    Sirius Says Turtles Want To Ditch 'Century-Long Consensus'

    Sirius XM pressed the Eleventh Circuit on Tuesday to uphold the company's lone court win in a nationwide fight over pre-1972 sound recordings, saying that overturning it would “upend” a “century-long consensus” and create “widespread policy problems.”

  • October 7, 2015

    OECD Tax Evasion Rules Could Spur IP Operations Shifts

    The Organization for Economic Cooperation and Development’s new transfer pricing guidelines released Monday contain stricter rules for attributing profits from intellectual property, which may require multinational companies to shift employees and operations to satisfy the requirements.

  • October 7, 2015

    Symantec Invokes Alice To Fight Intellectual Ventures Patents

    Symantec Corp. and Trend Micro Inc. told the Federal Circuit Monday that not only should it uphold a lower court’s invalidation of two antivirus patents held by Intellectual Ventures, it should also reverse the court’s finding that a third patent is valid under Alice.

  • October 7, 2015

    Rovi Urges Fed. Circ. To Flip TV Software Patent Ruling

    Entertainment company Rovi pressed the Federal Circuit to reverse a patent licensing firm's victory in an infringement suit concerning television software, saying Wednesday the lower court failed to weigh certain evidence before rejecting Rovi's argument it had licensed the technology.

  • October 7, 2015

    Cuozzo Asks Supreme Court To Overhaul AIA Review Rules

    Cuozzo Speed Technologies LLC, the first company to have its patent invalidated in an America Invents Act review, asked the U.S. Supreme Court on Tuesday to change the claim construction standard used in the proceedings and hold that decisions instituting them can be reviewed on appeal.

  • October 7, 2015

    EU, China Trade Talks Advance Despite IP, Fairness Concerns

    A trade agreement expected to be drawn up between the European Union and China by the end of the year is chugging along as representatives for both countries sat down for a seventh round of talks Wednesday, with the EU expressing concerns that Chinese state policies on intellectual property and Internet freedom could slow the process.

Expert Analysis

  • Batmobile Copyright: When Functional Element Is A 'Character'

    Karen A. Henry

    The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.

  • How Fed. Circ. Views Obviousness-Type Double-Patenting

    Jeremy Lowe

    The Federal Circuit’s decisions this year in Gilead v. Natco Pharma and G.D. Searle v. Lupin Pharmaceuticals show that obviousness-type double-patenting remains an effective mechanism to protect the public from patentees gaining unjustified patent term extensions by filing duplicative patents having different expiration dates, say attorneys with Axinn Veltrop & Harkrider LLP.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Approach To '2nd Medical Use' Claims Varies Across EU

    Alastair McCulloch

    A number of recent court decisions have highlighted important gaps and a lack of consensus between key EU member states on the law regarding infringement of second medical use patents. The rulings also demonstrate how differences in the drug dispensing and reimbursement systems between different EU countries can influence the nature of the relief available, say attorneys with Jones Day.

  • LifeScan May Be Why Patent Exhaustion Had No Pulse In Nero

    Gino Cheng

    What aspects of the patent exhaustion doctrine does the Federal Circuit’s recent holding in JVC Kenwood Corp. v. Nero Inc. develop, and how far does it move the mile marker? Far from a drive, Judge Pauline Newman’s opinion represents a carefully coordinated pick-and-roll, says Gino Cheng of Winston & Strawn LLP.

  • Safe Harbor Protects Supplier Of Active Ingredient For ANDA

    Brian Coggio

    The Federal Circuit in Shire LLC v. Amneal Pharmaceuticals LLC recently clarified the law on whether entities who merely assist an abbreviated new drug application filer are liable for inducing infringement. Prior holdings — both district court and Federal Circuit — were somewhat inconsistent on this issue, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • 10 Marketing Tips From A Young Partner Perspective

    Richard Segal.jpg

    No one ever told you in law school that once you received the highly coveted associate job in a big firm, that to really succeed at that job and climb the ranks quickly you need to take on a second job — marketing, says Richard Segal of Kluger Kaplan Silverman Katzen & Levine PL.

  • Section 101: Should Clear And Convincing Standard Apply?

    Vera Elson

    While it appears that the majority of district courts that have considered the issue have reasoned that the clear and convincing standard should not apply to a Section 101 analysis, there is a split of authority and continued uncertainty, say Vera Elson and Sara Rose of Wilson Sonsini Goodrich & Rosati PC.

  • Single-Judge Institution May Undermine Purpose Of IPR

    Andrew Piatnicia

    The U.S. Patent and Trademark Office recently proposed a nonvoluntary pilot program under which a single patent judge, rather than a panel of three, would decide whether to institute an inter partes review. This program's approach — currently open to public comment — could significantly increase litigation expense and undercut fairness for both sides in an IPR, says Andrew Piatnicia of Piatnicia Legal.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.