Intellectual Property

  • September 19, 2014

    SanDisk, PNY Settle Antitrust Suit Over SD Cards

    A California federal judge on Thursday signed off on a settlement between PNY Technologies Inc. and SanDisk Corp., ending a bumpy three-year-long lawsuit in which PNY accused its rival of monopolizing the memory card industry with exclusive licensing agreements.

  • September 18, 2014

    McKinsey Consultants Settle Row Over Defections From Rival

    Turnaround firm AlixPartners LLP and a pair of former employees who defected to a McKinsey & Co. unit settled on Thursday their dispute over whether the departed consultants stole trade secrets and breached employment contracts on their way out the door.

  • September 18, 2014

    Disney, EA Say Game Animation Lip-Sync Not Patentable

    Disney Interactive Studios Inc., Electronic Arts Inc. and other video game makers urged a California federal judge to toss patent infringement claims over a set of rules for lip-synching on animated characters, saying Thursday that the rules are unpatentable because they aren't novel or concrete.

  • September 18, 2014

    Salesforce.com Gets PTAB To Nix Database Patent Under Alice

    The Patent Trial and Appeal Board has found that a VirtualAgility Inc. patent on a project management method is invalid for claiming only an abstract idea under the U.S. Supreme Court's Alice Corp. ruling, in a win for accused infringer Salesforce.com Inc.

  • September 18, 2014

    James Cameron's 'Avatar' Didn't Copy Artist, Judge Says

    A New York federal judge ruled Wednesday that James Cameron didn't infringe a fantasy painter's copyrights with his 2009 sci-fi blockbuster “Avatar" — the latest in a string of rulings declaring that Cameron didn't steal from others to make the megahit.

  • September 18, 2014

    Fed. Circ.'s Latest Patent-Specific Rule May Rile Justices

    A split Federal Circuit decision that patent co-owners cannot be forced to join an infringement suit may be ripe for U.S. Supreme Court review, attorneys say, since it appears to set a rule that applies only in patent law, a practice by the appeals court that the justices have repeatedly criticized.

  • September 18, 2014

    Apple's FaceTime Infringes Encryption Patent, Suit Says

    Apple Inc. was slapped with a patent infringement suit on Thursday in New York federal court, alleging that its FaceTime video calling service uses technology that flouts a digital encryption patent.

  • September 18, 2014

    John Quinn Letter Saves Samsung From Nokia's Doc Demands

    Samsung Electronics Co. Ltd. doesn’t need to hand over to Nokia Corp. more documents about Quinn Emanuel Urquhart & Sullivan LLP's disclosure of confidential license details during Samsung's patent war with Apple Inc., a California federal judge ruled Wednesday, finding that founding partner John Quinn has already promised the information was destroyed.

  • September 18, 2014

    Williams-Sonoma Says Rival Poached Exec, Trade Secrets

    Home retail giant Williams-Sonoma Inc. claims competitor Arhaus LLC conspired to steal its trade secrets after hiring a former executive, who then solicited current Williams-Sonoma employees to email him the retailer’s confidential business plans and pricing information, according to a Thursday complaint in Tennessee federal court.

  • September 18, 2014

    Judge Tosses False Ad Suit Over Michael Jackson Animation

    A California federal judge on Wednesday tossed a Lanham Act suit over an animated performance by Michael Jackson during the 2014 Billboard Music Awards, saying the performance's developers didn't plead specifically to show that billionaire Alkivlades David falsely claimed authorship of the performance during a televised interview.

  • September 18, 2014

    BASF Hits Rival With Diesel Engine Emissions Tech IP Suit

    BASF Corp. on Wednesday slapped rival carbon emissions technology company Johnson Matthey Inc. with a patent infringement suit in Delaware federal court, claiming it ripped off BASF’s system for controlling and reducing the emission of nitrogen oxide in heavy-duty diesel truck exhaust systems.

  • September 18, 2014

    MediaTek Chalks First Patent Win In Freescale Chip Trial

    The California federal judge presiding over MediaTek Inc.'s patent-infringement jury trial against Freescale Semiconductor Inc. ruled Wednesday that Freescale is liable for infringing one of MediaTek's three asserted patents on features in consumer-electronics chips, but that it will be up to the jury to calculate damages.

  • September 18, 2014

    K&L Gates Accused Of Playing Both Sides In Calif. IP Suit

    K&L Gates LLP on Wednesday was accused of representing both sides in a patent infringement suit in California federal court, with a patent holder saying the firm should be disqualified from representing rival Eaton Corp. because it originally represented the patent holder in the same dispute.

  • September 17, 2014

    MacDermid Beats DuPont In Dispute Over Printing Patents

    A New Jersey federal judge ruled Thursday against E.I. du Pont de Nemours and Co. in its suit alleging MacDermid Printing Solutions LLC infringed two of its patents for flexographic printing plates, ruling that one patent's asserted claims are invalid as obvious and that MacDermid didn't infringe the other.

  • September 17, 2014

    Taylor Swift Must Face 'Lucky 13' Trademark Suit

    Singer Taylor Swift and American Greetings Corp. will have to face a lawsuit filed by an Orange County, California-based clothing company accusing the duo of infringing on its trademarks for “Lucky 13,” a federal judge ruled on Wednesday.

  • September 17, 2014

    BB&B Seeks Ruling It's Not Selling Herman Miller Knockoffs

    Bed Bath & Beyond Inc. and chair manufacturer Office Star filed a preemptive lawsuit Tuesday in California federal court after they were accused by Herman Miller Inc. of marketing rival office chairs that infringe its trademarks.

  • September 17, 2014

    Iggy Azalea Sues Ex-Boyfriend Over 'Bootleg' Rap Album

    Iggy Azalea sued her ex-boyfriend for allegedly stealing songs from her personal computer that she had recorded before becoming a famous rapper, claiming in California federal court Wednesday that he faked a contract giving him the right to release an album of the early material.

  • September 17, 2014

    Ex-Goldman VP Asks 3rd Circ. To Rehear $2.3M Fee Case

    A former Goldman Sachs vice president on Tuesday asked the Third Circuit to rehear its decision reversing an order requiring Goldman Sachs Group Inc. to pay $2.3 million for his legal bills over charges for theft of high-frequency-trading code, saying the appeals court overlooked decisions contradicting its reasoning.

  • September 17, 2014

    Oracle Adds IP Claim Against Oregon In Health Exchange Row

    Oracle America Inc., which recently hit the state of Oregon with a breach of contract suit for allegedly continuing to use software developed by Oracle for the state’s Affordable Care Act exchange despite never having paid approximately $23 million in fees, has added a copyright claim to the suit.

  • September 17, 2014

    Fed. Circ. Says Suits Doomed When Patent Co-Owner Opts Out

    In a sharply split decision Wednesday, the full Federal Circuit declined to review a ruling in a semiconductor patent dispute that found infringement suits must be thrown out when the co-owner of a patent decides not to participate, with the judges at odds over whether unwilling co-owners can be forced to join a case.

Expert Analysis

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • IP Has To Learn How To Survive In A 3D-Printable World

    Bradley Ellis

    Desktop 3D printing is experiencing rapid triple-digit growth. This manufacturing revolution will severely test the current legal regime for protection of intellectual property and brand names in much the same way the advent of the digital age challenged the music, film and publishing industries, says Bradley Ellis of Sidley Austin LLP.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • Now Arriving: New Wave Of Patent Validity Challenges

    Clifton E. McCann

    The first petition for post-grant review was filed in the U.S. Patent and Trademark Office on Aug. 5, 2014. Despite the delayed start, these proceedings will help challengers resolve disputes and open new markets, says Clifton McCann of Thompson Hine LLP.

  • What FTC Is Saying In 1st Post-Actavis Pay-For-Delay Case

    Steven Sunshine

    The Federal Trade Commission’s complaint in FTC v. AbbVie Inc. marks a key development because it is the first FTC reverse-payment case to be filed in the wake of Actavis. It also represents a departure from the FTC’s approach in these cases in that it alleges that the underlying patent infringement litigation was baseless and motivated by anti-competitive purposes, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • At The ITC, Even The Rulemaker Has To Follow The Rules

    Christopher May

    The Federal Circuit's recent decision in Align Technology Inc. v. U.S. International Trade Commission highlights a loophole in current ITC rules — limitations on the ITC’s ability to review the denial of summary determination motions on threshold issues — that the commission is likely to consider closing, says Christopher May of McDermott Will & Emery LLP.

  • A Look At Constitutional Challenges To Redskins Decision

    Richard Crudo

    Although the ruling in the Washington Redskins trademark case has garnered much fanfare, Pro-Football Inc.’s constitutional challenges to that decision and Section 2(a) of the Lanham Act have received relatively little attention, say Vinita Ferrera and Richard Crudo of WilmerHale.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • Music-Licensing Reform May Be On The Way

    Danica Mathes

    Given the breakneck speed at which advancements in technology have occurred since the last comprehensive review of the Copyright Act occurred in 1976, not to mention the tremendous effect this has had on content creation and delivery, the current review seems long overdue, says Danica Mathes of Bell Nunnally & Martin LLP.