Intellectual Property

  • October 23, 2014

    Apple May Not Be Done With GTAT After It Clears Ch. 11

    Apple Inc. said Thursday that a now-finalized settlement with bankrupt GT Advanced Technologies Inc. could pave the way for the two to resume doing business once GT exits the sapphire production business responsible for its abrupt collapse.

  • October 23, 2014

    Auto Parts Co. IEE, Takata See Claims Pared In Sensor IP Row

    A Michigan federal judge on Thursday trimmed counterclaims between auto parts supplier IEE SA and two Takata Corp. units after both sides shot cross-accusations of infringement of various car occupant sensor systems in a patent row, partially paring claims but largely keeping the suit intact.

  • October 23, 2014

    Google Hit With $2M 'Spy Phone' Trademark Suit

    The developer of the Spy Phone smartphone app, which allows users to track calls and other phone data, on Wednesday hit Google Inc. with a $2 million trademark infringement lawsuit in New Jersey, alleging Google employees have allowed others to sell apps on Google Play that rip off its name.

  • October 23, 2014

    Influential Women In IP Law: Adrian Pruetz

    For more than three decades, Glaser Weil Fink Howard Avchen & Shapiro LLP partner Adrian M. Pruetz has successfully represented clients such as Vizio Inc., Nike Inc. and Roche Molecular Systems Inc. in contentious and sometimes precedent-setting intellectual property matters, earning her a place among Law360's Influential Women In IP Law.

  • October 23, 2014

    IP Firm Leason Ellis Settles With Accused TM Scammer

    A company that intellectual property firm Leason Ellis LLP accused of perpetrating a trademark registration services scam will shut down, according to a proposed settlement filed on Wednesday in a New York federal court.

  • October 23, 2014

    Orbital Sciences Sues Partner For Fraud In NASA Subcontract

    Orbital Sciences Corp. has sued a subcontractor on its NASA launch contract for fraudulently using another company's proprietary information to win subcontract work and for holding key pieces of equipment “hostage” to prevent Orbital from cutting it off from future work.

  • October 23, 2014

    Top NY Court Backs EMI In Duke Ellington Royalty Suit

    New York's top appeals court on Thursday refused to revive a lawsuit filed by the heirs of Duke Ellington that claimed music publisher EMI was effectively “double-dipping” into foreign sales of the jazz legend's music.

  • October 23, 2014

    Fed. Circ. Told to Affirm Record $1.5B Marvell Verdict

    Carnegie Mellon University has urged the Federal Circuit to affirm a record $1.54 billion judgment against Marvell Technology Group Ltd. for allegedly infringing the school’s disk drive patents, saying substantial evidence supports the verdict.

  • October 23, 2014

    Gov't, Nokia Back ITC In Induced Infringement Appeal

    The U.S. government, Nokia Corp. and a trade attorneys association supported the U.S. International Trade Commission on Wednesday in its Federal Circuit battle with Suprema Inc., arguing the agency has the power to ban products aimed at inducing infringement even if direct infringement only occurs after importation.

  • October 23, 2014

    Automakers Say USPTO Doubted Video Display IP Claims

    A Delaware federal judge on Thursday was told that the U.S. Patent and Trademark Office had found there was a “reasonable likelihood” that video display patent claims asserted against automakers including Ford Motor Co. and BMW of North America Inc. were unpatentable, just one month after the judge called the suits “frivolous.”

  • October 23, 2014

    Secret Microsoft Deal Violated Licensing Pact, Patent Co. Says

    Prophet Productions accused a unit of patent holding company Acacia Research Corp. in California state court on Wednesday of secretly licensing its security systems patents to Microsoft Corp. and others, violating a deal to split licensing profits evenly between Acacia and Prophet. 

  • October 23, 2014

    Aereo Can't Use Compulsory License, Judge Says

    Aereo Inc., the upstart online streaming service that was shuttered by the U.S. Supreme Court in June, lost its bid Thursday to continue operating by using the compulsory copyright license available to cable providers.

  • October 23, 2014

    Sony Wants Attys Sanctioned For 'Frivolous' Patent Suit

    Sony Computer Entertainment America LLC on Wednesday urged a California federal judge to sanction Carey Rodriguez O’Keefe Milian Gonya LLP attorneys for filing a "frivolous" suit accusing the company of infringing a patent for an online interface system that makes 3-D real estate images.

  • October 23, 2014

    Rimon Snags Former PTAB Judge For Calif. Offices

    International law firm Rimon PC has hired a veteran intellectual property lawyer and former Patent Trial and Appeal Board judge as a partner to bolster its IP practice in the San Francisco and Palo Alto, California, offices, the firm announced Wednesday.

  • October 23, 2014

    EPA Permits Some Confidentiality In Final GHG Reporting Plan

    The U.S. Environmental Protection Agency on Thursday finalized changes to its greenhouse gas reporting program that allow some emissions information to remain confidential, after companies said the information could expose trade secrets.

  • October 22, 2014

    Influential Women In IP Law: Lisa Pearson

    After more than two decades in intellectual property law, Kilpatrick Townsend & Stockton LLP's trademark litigator Lisa Pearson has become something of a preliminary injunction guru for high-profile clients like Clif Bar & Co. and American Eagle Outfitters Inc., earning herself a spot among Law360's Influential Women In IP Law.

  • October 22, 2014

    7th Circ. Rules Against Tablet Product Co. In Contract Fight

    The Seventh Circuit on Wednesday sided with Block and Co. Inc. in a breach of contract dispute with tablet accessories company nClosures Inc., finding the companies' confidentiality agreement was unenforceable because nClosures hadn’t taken reasonable steps to guard its proprietary information.

  • October 22, 2014

    Pfizer's Cancer Drug Patent Withstands Mylan Challenge

    A Delaware federal judge ruled Wednesday that Pfizer Inc.’s patent for cancer drug Sutent was nonobvious and could stand, despite a challenge from Mylan Pharmaceuticals Inc. in Pfizer's suit seeking to stop its rival from introducing a generic version. 

  • October 22, 2014

    Lupin, Amneal Lose Bid To Reverse Birth Control IP Ruling

    The Federal Circuit on Wednesday shot down Lupin Ltd. and Amneal Pharmaceuticals LLC’s bid to reverse a lower court’s finding that Warner Chilcott Co. LLC’s patent for the oral contraceptive Lo Loestrin Fe wasn’t shown to be obvious, finding the appellants’ arguments “unpersuasive.”

  • October 22, 2014

    SanDisk Fights Cert. Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

Expert Analysis

  • Keys To IP Collaborations With Universities: Part 2

    Ross Garsson

    By better understanding and considering the research institution’s infrastructure and policies upfront, attorneys and executives can identify and address issues that could otherwise derail partnerships with a for-profit corporation, and thus foster successful collaboration, say attorneys with Greenberg Traurig LLP.

  • We Need A Specialized Patent Trial Court

    William Watkins

    The U.S. is the only country in the world where standard juries are used in patent cases. With patent trolls imposing huge costs on the economy and crippling our power to innovate, Americans should be willing to consider major changes in how we decide patent cases, says William Watkins, a research fellow at The Independent Institute.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • The Latest On Preliminary Injunctions In Trademark Cases

    Richard Kirkpatrick

    For many years, preliminary injunctions have long been the standard remedy of choice to challenge and stop trademark infringements at an early stage, but that long tradition may be in for a big change, says Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • Understanding Alice: Step 1 Of Mayo Analysis At PTAB

    Stephen Schreiner

    While the U.S. Patent and Trademark Office and patent practitioners continue to grapple with the U.S. Supreme Court’s Alice v. CLS Bank decision, last month two panels of the Patent Trial and Appeal Board issued decisions in covered business method patent reviews that illustrate very different approaches to the Section 101 inquiry, say attorneys with Goodwin Procter LLP.

  • The Truth About Patent Damage Awards

    Brian Howard

    Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.

  • A Shift Toward Fee Awards In Delaware

    Joel Sayres

    Four recent Delaware decisions granting fees or sanctions against patent assertion entities may reflect a larger judicial exasperation with PAE tactics that all too often waste court resources and inflict unnecessary costs and burdens on defendants, says Joel Sayres of Faegre Baker Daniels LLP.

  • If High Court Reverses Teva, Litigation Costs May Increase

    Irena Royzman

    The policy arguments presented to the U.S. Supreme Court in Teva Pharmaceuticals USA Inc. v. Sandoz Inc., which was argued Wednesday, are off-base. In fact, increased deference to lower court claim construction determinations is more likely to increase litigation costs than decrease them, say Irena Royzman and Aron Fischer of Patterson Belknap Webb & Tyler LLP and Maggie Wittlin, an associate-in-law at Columbia Law School.

  • 7th Circ. Ruling Makes Fair Use Even More Unpredictable

    Alan Friedman

    In Kienitz v. Sconnie Nation LLC, the Seventh Circuit recently criticized and distinguished itself from a major fair use ruling that the Second Circuit issued in 2013. This could create incentives to forum shop with respect to works distributed nationwide in which jurisdiction and venue lies in both the Second and Seventh circuits, says Alan Friedman of Fox Rothschild LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.