Intellectual Property

  • October 21, 2014

    Apple Slams GPNE's 'Extreme' $94M Patent Bid

    Apple Inc. bashed GPNE Corp.’s $94 million damages demand as “extreme” and “unreasonable” Tuesday during closing arguments in GPNE’s trial accusing Apple of selling millions of iPhones and iPads that infringe two data-communications patents, telling a California federal jury that Apple should pay nothing.

  • October 21, 2014

    WTC Group Struggles To Get Merchandise Trademarks

    The embattled nonprofit that owns the trademark for “World Trade Center” is appealing a recent ruling that said it couldn't register the name for selling apparel — the latest in a string of trademark office decisions finding that consumers link the name to the Sept. 11 attacks, not to a source of merchandise.

  • October 21, 2014

    Law Prof Keeps Fighting For Brief In $173M Qualcomm Appeal

    A Benjamin N. Cardozo School of Law professor on Monday once again asked the Federal Circuit to let him back ParkerVision’s bid to reinstate a Florida federal court's $173 million patent infringement verdict against Qualcomm Inc., telling the court he didn’t own any ParkerVision stock.

  • October 21, 2014

    Nexium Jury Told Drug Cos. Wheeled-And-Dealed With Patent

    Nexium buyers pursuing a pay-for-delay case against AstraZeneca PLC and two generic-drug makers told a Boston federal jury on Tuesday that the pharmaceutical companies were trying to game the patent system to overcharge consumers by billions of dollars for the heartburn treatment.

  • October 21, 2014

    Nexium Pay-For-Delay Jury Told Size Of Settlement Is Key

    As the first pay-for-delay jury trial kicked off Tuesday, a Boston federal judge told jurors that though patent settlements are usually good, a large and unexplained payment in the case over Nexium could spell trouble under antitrust law.

  • October 21, 2014

    Finnegan Sanctioned For Destroying Evidence In Dow IP Case

    In an unusual ruling, a U.S. International Trade Commission judge sanctioned a Dutch company and its counsel, Finnegan Henderson Farabow Garrett & Dunner LLP, for spoliation of evidence by awarding Dow Chemical Co. default judgment on its trade secret claims against the company.

  • October 21, 2014

    Gov't Can Be Sued For Passport IP Claims, Fed. Circ. Says

    The Federal Circuit on Tuesday ruled security company Iris Corp. should sue the federal government over claims that Japan Airlines International Co. Ltd. flouted an electronic passport patent because the airline's screening of U.S. passengers' passports was done for the government's benefit.

  • October 21, 2014

    Manatt Snags Steptoe IP Partner In Los Angeles

    Manatt Phelps & Phillips LLP has hired away a former Steptoe & Johnson LLP partner who led the firm's trademark transactional practice in California, with particularly deep experience in entertainment and media, food and beverage, software and online services, the firm announced Monday.

  • October 21, 2014

    Special Master To Helm Walgreen Fee Fight In Pfizer MDL

    A New Jersey federal judge overseeing multidistrict litigation over whether Pfizer Inc. conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses on Monday appointed a special master to handle a dispute over attorneys' fees between opt-out plaintiff Walgreen Co. and class counsel.

  • October 21, 2014

    Universities In Trademark Fight Over 'Pistol Pete' Mascot

    A trademark fight broke out in federal court on Monday, when Oklahoma State University sued New Mexico State University for copying its “Pistol Pete” mascot — the culmination of years of strange and unsettled simultaneous use of the cowboy mascot.

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 21, 2014

    GTAT's Deal With Apple To Shed Light On Mystery Ch. 11

    Lawyers for GT Advanced Technologies Inc. and Apple Inc. announced a settlement late Tuesday that would allow GT to exit its money-losing sapphire production business and finally explain the falling-out between the onetime partners that led to its unexpected Chapter 11.

  • October 20, 2014

    GM Joins Apple In Jones Day DQ Bid

    General Motors Co. on Friday joined Apple Inc. in pushing for Jones Day to quit working for a battery-part maker in its infringement suit against LG Chem Ltd., which makes GM car batteries, saying the firm is representing a client that could take out two GM factories in Michigan.

  • October 20, 2014

    Fed. Circ. Won't Rehear $13B IP Case Against Visa, MasterCard

    The Federal Circuit on Friday declined to grant a rehearing of its recent decision to toss a $13 billion suit in which SmartMetric Inc. had accused Visa Inc. and MasterCard International Inc. of infringing a network technology patent.

  • October 20, 2014

    Full Fed. Circ. Won't Review BMS Hepatitis Drug Patent Ruling

    The full Federal Circuit refused Monday to review a decision invalidating a Bristol-Myers Squibb Co. hepatitis B drug patent as obvious, even though the compound it was based on was later found to be toxic, but several judges argued strongly that the ruling makes it too hard to show a patent is not obvious.

  • October 20, 2014

    Ch. 11 Watchdog Rips GTAT's $25M Critical-Vendor Bid

    The U.S. government’s bankruptcy monitor slammed GT Advanced Technologies Inc.’s request for $25 million in spending power to keep supplies coming from vendors it has refused to identify because of a confidentiality pact with its estranged partner Apple Inc.

  • October 20, 2014

    Tech Giants Attack ITC's Patent Ruling On Digital Data

    Business groups whose members include Google Inc., Apple Inc. and other major tech-industry players urged the Federal Circuit to reverse the International Trade Commission’s decision in a suit concerning Invisalign patents that it has jurisdiction over digital downloads, saying Friday that allowing the ruling to stand would hurt global commerce.

  • October 20, 2014

    Influential Women In IP Law: Victoria Maroulis

    Quinn Emanuel Urquhart & Sullivan LLP partner Victoria Maroulis leads the firm's Silicon Valley office and was the lead attorney defending Samsung Electronics Co Ltd. in the bruising smartphone patent war it fought with Apple Inc., making her one of Law360's 20 Most Influential Women In IP Law.

  • October 20, 2014

    TPP Catches Flak From Aussie Pols As Talks Forge Ahead

    As negotiators convened in Canberra, Australia, for the latest round of talks to close the Trans-Pacific Partnership, a slew of civil society organizations and Australian lawmakers voiced opposition to the deal on Monday, flagging numerous trouble spots such as the recently leaked draft intellectual property chapter.

  • October 20, 2014

    Robin Thicke Tackles ‘Blurred Lines’ IP Claims In LA Court

    Singer Robin Thicke and producer Pharrell Williams urged a California federal judge on Monday to rule that their megahit “Blurred Lines” doesn't infringe copyrighted material from rhythm-and-blues legend Marvin Gaye, arguing Gaye's family can only assert ownership of a specific composition, not general musical ideas.

Expert Analysis

  • 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.

  • A Guide To Understanding Fed. Circ.'s VirnetX Opinion

     Aaron Fahrenkrog

    Please do not panic over the Federal Circuit’s recent ruling in VirnetX v. Apple Inc. It does not spell the end of damages in patent cases. It does not change the existing paradigm about how to support a damages model with evidence. It does not even foreclose the use of the Nash bargaining solution, say attorneys with Robins Kaplan Miller & Ciresi LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • Methodologies For Calculating FRAND Damages: Part 3

    Koren Wong-Ervin

    Courts approaching royalty rates on a patent licensed on fair, reasonable and nondiscriminatory terms are working to determine the overall value of the product that is attributable to the patented technology in the context of the related standard, but how best to do that in the selection of the royalty base is under dispute, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel at the Federal Trade Commission.

  • Methodologies For Calculating FRAND Damages: Part 2

    Anne Layne-Farrar

    It strikes us that the courts are off to a reasonably good start in terms of establishing solid methods and approaches for determining royalty rates or damages on a standard-essential patent licensed on fair, reasonable and nondiscriminatory terms, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel in the Federal Trade Commission's Office of International Affairs.

  • Twitter Fights: Public Opinion May Be Most Important Court

    Nathan Pollard

    When it comes to disputes involving social media, “doing the right thing” is often more important in the reader’s and consumer’s mind than being on the winning side of a legal case, says Nathan Pollard of Drinker Biddle & Reath LLP.

  • Methodologies For Calculating FRAND Damages: Part 1

    Koren Wong-Ervin

    Several federal courts have ruled on the appropriate methodology for calculating a royalty rate or damages on a standard-essential patent licensed on fair, reasonable and nondiscriminatory terms. While some common principles have emerged, these decisions are far from providing a consensus on FRAND licensing, say Anne Layne-Farrar of Charles River Associates and Koren Wong-Ervin, counsel at the Federal Trade Commission.