Intellectual Property

  • September 29, 2014

    2nd Circ. Won't Revive TM Suit Over Apple 'IBooks' Mark

    The Second Circuit on Monday refused to revive a trademark suit brought by J.T. Colby & Co. Inc. and others targeting Apple Inc.’s “iBooks” mark, ruling that plaintiffs didn't sufficiently show that it would confuse consumers over their allegedly similar "ibooks" mark.

  • September 29, 2014

    Influential Women In IP Law: Meredith Martin Addy

    The technical and patent law expertise of Katten Muchin Rosenman LLP's Meredith Martin Addy has put her in demand not only among clients like Genentech Inc., but also among judges, who often appoint her as a special master to help sort out complex patent cases, earning her a place among Law360's Most Influential Women In IP Law.

  • September 29, 2014

    Fed. Circ. Upholds AllPure Win In Millipore Patent Suit

    The Federal Circuit on Monday ruled that AllPure Technologies Inc. did not infringe a patent owned by Merck KGaA unit EMD Millipore Corp. on a device for withdrawing fluid from a container, in a case AllPure calls a "classic example" of an established company bullying an upstart rival.

  • September 29, 2014

    PTAB Says Inter Partes Reviews Can't Reuse Arguments

    The Patent Trial and Appeal on Friday designated seven recent inter partes review decisions as informative, a designation that offers guidance on the board's practices, providing examples of the board's interpretation of an America Invents Act statute that allows it to deny review requests that contain arguments or prior art already presented in previous petitions.

  • September 29, 2014

    Rosa Parks Group Fires Back At Target Sanctions Bid

    The Rosa and Raymond Parks Institute for Self Development on Monday accused Target Stores Inc. of using its substantial resources to bully the company with an "unjust" request for sanctions in Alabama federal court in the institute's $5 million infringement case.

  • September 29, 2014

    DuPont Tells High Court Kolon Wrong On Recusal Request

    DuPont Co. has urged the U.S. Supreme Court to deny review of an appeals court ruling allowing a judge who once represented it to oversee an antitrust and trade secrets case involving Kolon Industries Inc., arguing that there is circuit-wide agreement that Kolon should have sought recusal in a more timely fashion.

  • September 26, 2014

    Latham & Watkins Can't Escape Trade Secret, Contract Claims

    A Pennsylvania federal judge on Friday trimmed a lawsuit brought by a legal services consulting group against Latham & Watkins LLP for allegedly breaching a nondisclosure agreement by sharing confidential information with a competitor, dismissing two claims in the case but preserving two others.

  • September 26, 2014

    Sears, Big Lots Accused Of Selling Knockoff Wiper Blades

    Retailers Sears Holdings Corp. and Big Lots Inc. were sued Friday in Illinois by Scan Top Enterprise Co. Ltd., which claims the retailers are selling wiper blade connectors from an auto accessory manufacturer that infringe its patents and copyrights.

  • September 26, 2014

    Marvel, Artist's Heirs Resolve Character Copyright Battle

    Marvel Comics and the heirs of artist Jack Kirby agreed to end their U.S. Supreme Court fight on Friday over the copyrights to lucrative comic-book characters such as the Incredible Hulk and X-Men, with the parties saying they had “amicably resolved” the dispute.

  • September 26, 2014

    The 20 Most Influential Women In IP Law

    Law360 is proud to announce a new series to honor women who have made significant strides in the male-dominated field of intellectual property law, showcasing the career accomplishments of a select group of female attorneys who are leading the charge in waging high-stakes patent battles, managing billion-dollar portfolios and closing mega IP deals.

  • September 26, 2014

    Seafood Distributor Accuses Business Partner Of Mutiny

    Living Color Enterprises Inc., the former U.S. distributor of New Era Aquaculture Ltd. marine animal food products, on Friday sued its ex-business partner and two former employees, claiming they conspired to steal Living Color's business away and give it to a competitor.

  • September 26, 2014

    NJ Law Firms Settle IP Suit Over Copied Website

    New Jersey law firm Thomas Carroll Blauvelt LLC on Friday agreed to end its lawsuit accusing rival Jersey firm Prince & Portnoi PC of stealing its copyright-protected website code, according to a filing in a New Jersey federal court.

  • September 26, 2014

    Rare Arrest Warrant In WL Gore Chancery Case Sent National

    A Delaware Chancery Court on Friday ordered that the rare arrest warrant it issued in April for a former W.L. Gore & Associates Inc. scientist accused of misappropriating trade secrets be submitted to a national law enforcement database after attorneys for the company say they discovered he’d left the country.

  • September 26, 2014

    Battelle Fights Army's Bid To Dismiss Data Leak Claims

    Battelle Memorial Institute, a research and development company, on Friday shot back at the U.S. Army's motion to dismiss its suit accusing the military of leaking contract details to its competitors, saying that the Ohio federal court does have jurisdiction because the case isn't "essentially contractual."

  • September 26, 2014

    Pinnacle Foods Distribution Case Speeds Up In Federal Court

    Duncan Hines maker Pinnacle Foods Group LLC and Miami-based Del Valle Brands Inc. opted Friday to waste no time in pulling their Mexico distribution and trademark license dispute out of “legal limbo,” setting a Tuesday hearing in Florida federal court on both preliminary and permanent injunctions.

  • September 26, 2014

    Fed. Circ. Affirms Inequitable Conduct Win For Honda

    A Federal Circuit majority panel on Friday ruled that GPS patents asserted against American Honda Motor Co. are unenforceable because the inventor intentionally withheld information about prior art from the patent office, an opinion issued after the court remanded the case following establishment of the Therasense standard for proving inequitable conduct.

  • September 26, 2014

    Microsoft, Amazon Wield Alice Decision In Network IP Suit Inc. and Microsoft Corp. urged a Delaware federal judge on Thursday to toss a suit by a unit of patent licensing company Wi-LAN Inc. over allegations the Kindle Fire, XBox 360 and other devices lifted patented network communication technology, saying the U.S. Supreme Court's recent Alice ruling renders the technology unpatentable.

  • September 26, 2014

    USPTO Head Says Worker Time Fraud Will Be Punished

    The head of the U.S. Patent and Trademark Office has warned employees in an email that workers who commit time and attendance fraud will be disciplined, as the office battles allegations that some employees were paid for time they didn’t work.

  • September 26, 2014

    Press Co. Wants $35M Antitrust, Trade Secrets Verdict Undone

    Press maker Cortron Corp. on Thursday urged a Connecticut federal court to nix a $35.4 million award in an antitrust and trade secrets theft suit filed by a former business partner, arguing the award is “duplicative” and the jury relied on shoddy evidence to determine the liability to justify it.

  • September 25, 2014

    Paul Hastings Lures WilmerHale IP Partner To LA Office

    Paul Hastings LLP confirmed Thursday night that a former WilmerHale partner who focuses on patent litigation in electronics, semiconductor and software industries has joined Paul Hastings’ intellectual property practice in Los Angeles.

Expert Analysis

  • IP Exchange International — The Good, The Bad, The Ugly

    Rodney Miller

    Intellectual Property Exchange International Inc. offers a novel approach for monetizing and licensing a patent portfolio. But with only three offerings available to date, uncertainties remain over its ultimate success in balancing the competing interests of patentees and potential purchasers, say Mitch Stockwell and Rodney Miller of Kilpatrick Townsend & Stockton LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Patent Exhaustion 1 Year After Kirtsaeng

    Alicia Carney

    Although the sample size of cases is presently small, it appears that last year's U.S. Supreme Court decision in Kirtsaeng v. John Wiley & Sons Inc. has at least weakened patent exhaustion's territorial requirement, says Alicia Carney of Fisch Sigler LLP.

  • Tips On Disclosing Embodiments In Patent Apps Overseas

    Stephen Keefe

    Getting too used to permissive rules for claim amendment support before the U.S. Patent and Trademark Office can catch up with American patent attorneys as they prosecute and enforce intellectual property rights abroad, says Stephen Keefe, an attorney with Rabin & Berdo PC and former patent examiner at the USPTO.

  • Purple Is The New Orange: A New Book On Biosimilars

    Christopher J. Betti

    While the U.S. Food and Drug Administration's Purple Book has been colloquially referred to as an “Orange Book equivalent,” the two contain distinct types of information — their differences reflect the unique nature of biologics and the 351(k) approval process, say attorneys at K&L Gates LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Should PTAB Apply Broadest Reasonable Construction In IPR?

    Eric Cohen

    Patent Trial and Appeal Board decisions that have applied the broadest reasonable interpretation standard should be analyzed before Congress passes legislation to require a different claim construction standard. A study is necessary to determine whether and how a different claim construction standard would have made any difference in the decisions, says Eric Cohen of Katten Muchin Rosenman LLP.

  • A Case To Study On Patent And Trade Dress Protection

    Anthony V. Lupo

    The Fourth Circuit's ruling in McAirlands Inc. v. Kimberly-Clark Corp. highlights the intersection of patent and trade dress protection — while utility patents provide inventors a limited monopoly over functional aspects of a product, trade dress affords potentially perpetual protection for nonfunctional designs that associate a product with a manufacturer or source, say attorneys at Arent Fox LLP.

  • 5 Things You Should Know About Post-Grant Review

    Jeff Vockrodt

    As with the wildly popular inter partes review, post-grant review offers the ability to challenge issued patents in a trial-like procedure before the Patent Trial and Appeal Board and obtain a final written decision within about 18 months. But there are some important differences between the processes, says Jeff Vockrodt of Hunton & Williams LLP.

  • Generics Need Sword, Shield For 'Exceptional' Patent Case

    Jeffrey Hovden

    Following the U.S. Supreme Court decisions in Octane Fitness and Highmark, brands may find it easier to get exceptional-case fees and costs from generics. Generics — already struggling at the margin to maximize their litigation budgets — need to get a firm grip on this development so that they can avoid paying these fees, and maybe even turn the tables on their adversaries, says Jeffrey Hovden of Robins Kaplan Miller & Ciresi LLP.