Intellectual Property

  • September 23, 2016

    Texas High Court Denies $41M Baker Botts Malpractice Suit

    The Texas Supreme Court on Friday declined to review the claims of a former Baker Botts LLP client who won a jury ruling that the firm improperly represented rival companies pursuing similar patents, leaving intact a lower court's ruling that nixed the jury's $41 million verdict.

  • September 22, 2016

    Gibson Guitars Says UK Co. Infringed On Its Iconic Brand

    Iconic guitar maker Gibson Brands Inc. urged a California judge Thursday to rule a United Kingdom company willfully infringed on its trademark by offering similarly-shaped but inferior instruments, saying the company “pirated” Gibson’s product designs and tarnished its image.

  • September 22, 2016

    Madden NFL, Retired Players Tackle Cert. In Likeness Row

    Video game maker Electronic Arts and a putative class of retired NFL players who say “Madden NFL” uses their likeness without permission argued over class certification in a California federal court hearing Thursday, clashing over whether publicity is a property right and whether it's feasible to ascertain thousands of players’ avatars.

  • September 22, 2016

    Google, Others Urge Justices To Keep Laches In Patent Suits

    More than 30 large companies, including Google, Intel and Visa, have urged the U.S. Supreme Court to preserve laches as a defense in patent cases, arguing that nonpracticing entities would otherwise unreasonably sit on infringement claims to maximize profits.

  • September 22, 2016

    Beer Battles: A Summer Full Of Craft Brew Trademark Fights

    You’re not imagining it: This summer has seen a spike in new trademark disputes between craft brewers, as a growing number of breweries clash over a finite number of interesting names. In case you weren't following along, here’s a quick recap.

  • September 22, 2016

    Audi, Others Can’t Escape IP Suit Over Fuel Use Technology

    An Illinois federal judge ruled Wednesday that Audi, Chrysler and Mercedes-Benz must face allegations brought by a company that claims to hold the patent for technology that alerts drivers when they are burning too much fuel.

  • September 22, 2016

    Calif. Gov. Signs Bill Banning State Park Trademarks

    California Gov. Jerry Brown on Wednesday signed legislation that will prohibit private business operators in California’s state parks from staking a trademark claim to historic park names for the mere fact of having a concession contract in light of an ongoing dispute affecting Yosemite National Park.

  • September 22, 2016

    Hogan Lovells Snags Another Bracewell IP Atty In Houston

    Hogan Lovells announced Tuesday that it snagged away a partner from Bracewell LLP who specializes in energy-related intellectual property cases, and that he has joined its Houston office as a partner.

  • September 22, 2016

    Ahead Of Playoffs, Cubs Sue To Stop 'Flood' Of Fake Merch

    The first-place Chicago Cubs haven’t had much trouble with opposing teams this year, but a lawsuit filed Thursday claims the team is now grappling with a trickier adversary: counterfeit merchandise vendors who have “flooded” Wrigleyville ahead of a much-anticipated October playoff run.

  • September 22, 2016

    Brief Rip-Off Suit Could Inspire Copycat Claims Against Attys

    The tale of Newegg Inc.'s copyright suit against a lawyer who allegedly copied a brief it filed in a patent lawsuit may seem like an anomaly, but experts say that hurling accusations of copied briefs and plagiarism at fellow lawyers may be a new weapon for vexatious attorneys.

  • September 22, 2016

    Fed. Circ. Affirms J&J Win In Roche Blood Test Patent Case

    The Federal Circuit on Thursday upheld a lower court’s decision that a Johnson & Johnson unit does not infringe a Hoffmann-La Roche unit’s blood test patents in a lengthy dispute that hinged on the meaning of a single claim term.

  • September 22, 2016

    Fed. Circ. Backs Apple’s PTAB Win In Caller ID Patent Case

    The Federal Circuit on Thursday upheld a re-examination decision invalidating several claims of a patent covering a caller ID system that verbally announces the names of callers, which has been asserted against Apple, Samsung and many others.

  • September 22, 2016

    Orrick Atty 'Screwed Up’ In Oracle-Google Battle, Judge Says

    A California federal judge had harsh words for Orrick Herrington & Sutcliffe LLP partner Annette Hurst during a hearing Thursday on Google’s motion for sanctions against Oracle in their software copyright fight, saying she “screwed up” by revealing sealed Google revenue numbers in open court with a journalist present.

  • September 22, 2016

    White & Case Snags Ex-Ropes & Gray IP Partner

    White & Case LLP said Thursday it has bolstered its intellectual property practice in Boston by tapping a former Ropes & Gray partner with experience providing counsel on U.S. and European patents, particularly for clients in the life sciences sector.

  • September 22, 2016

    Allergan Seeks Full 3rd Circ. Look At Eye Drop Antitrust Suit

    Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical urged the Third Circuit Wednesday to rehear a decision reviving a putative class action a pharmacy chain filed against the three drug companies over eye care products Zymar and Zymaxid, saying the decision wrongly expands the jurisdiction of federal courts.

  • September 22, 2016

    Ford, Others Face Patent Suits Over LED Headlight Tech

    A manufacturer of light emitting diode products launched nearly identical patent infringement lawsuits against Ford Motor Co., General Motors LLC and American Honda Motor Co. Inc. in Texas federal court on Wednesday accusing the automakers of using its LED directional control technology in the headlights of certain vehicles.

  • September 22, 2016

    Rainmaker Q&A: Kilpatrick Townsend's James Gilliland

    One potential client said he was looking for the meanest SOB in town. I said he should not hire me, because that is not how I handle cases. He didn’t. On occasion, you have to tell clients you're not the right person for a job, says James Gilliland, partner at Kilpatrick Townsend & Stockton LLP.

  • September 21, 2016

    GNC, Supplement Cos. Get ThermoLife Amino Patents Nixed

    A California judge on Wednesday shut down sports nutrition company ThermoLife's patent infringement suit against two supplement-making rivals and GNC, ruling after a bench trial that the patents on using amino acids to improve physical performance ThermoLife licensed from Stanford are invalid.

  • September 21, 2016

    Amazon Stole Art For 'Unicorn Fart' Shirt, IP Suit Alleges

    A prolific graphic artist hit Amazon Digital Services LLC and its subsidiary Woot Inc. with a copyright infringement suit in Texas federal court on Wednesday, alleging they stole her image of a unicorn defecating sprinkles onto a cupcake to use on t-shirts.

  • September 21, 2016

    Barclay Damon DQ Bid 3 Years Too Late, Targeted Firm Says

    A law firm facing a disqualification bid by Barclay Damon LLP in a malpractice lawsuit stemming from a fan manufacturer’s patent dispute with Home Depot told a New York federal judge Wednesday that the move to exclude the firm is untimely and unnecessary.

Expert Analysis

  • Whose Line, Drawing Or Plan Is It Anyway?

    Amy Goldsmith

    Before entering a negotiation, it is imperative for architects and real estate owners to understand how copyright protection intersects with architectural works. Failure to recognize boundaries may lead to litigation over whether an architect may use the plans again or whether a developer may modify the plans if the architect’s services are terminated before the project is finished, say attorneys with Tarter Krinsky & Drogin LLP.

  • McRO Syncs Automation Software With Patent Eligibility

    Michelle K. Holoubek

    Software patent owners breathed a collective sigh of relief when the Federal Circuit issued its decision in McRO v. Bandai — only the fourth pro-Section 101 decision (out of 20) since the U.S. Supreme Court’s landmark Alice holding. Why were patent owners nervous about the McRO case? Because these claims really seemed eligible, says Michelle Holoubek of Sterne Kessler Goldstein & Fox PLLC.

  • Evidence Of Copying Is Irrelevant In Hatch-Waxman Cases

    Jonathan Bachand

    A Delaware federal court's recent decision in Bayer v. Watson may revive efforts by branded drug manufacturers to convince courts in Hatch-Waxman litigation to consider evidence of copying as an indication that a patent at issue is not obvious. However, it should never be considered by courts because the relevant statutes anticipate and incentivize the copying, say Jonathan Bachand and Ashley Morales of Knobbe Martens Olson & Bear LLP.

  • The Rogue Insider: Protecting Against Trade Secret Theft

    Mark S. Sidoti

    Advances in information storage and transmission technology have made financial services companies increasingly susceptible to the misappropriation or theft of critical proprietary assets. With the click of a mouse, rogue employees from the C-suite to the mailroom can download and disseminate hundreds of thousands of documents, lines of computer code, and other data containing a company’s most prized trade secrets. Mark Sidoti and ... (continued)

  • Sen. Leahy On The AIA's 5th Anniversary

    Sen. Patrick Leahy

    Enactment of the America Invents Act was more than a victory for American inventors; it was a demonstration that Congress could still work in a bipartisan, bicameral manner. It showed what we can achieve when we put aside rhetoric and negotiate in good faith, says Sen. Patrick Leahy, D-Vt.

  • Rep. Smith On The AIA's 5th Anniversary

    Rep. Lamar Smith

    While the primary purpose of the America Invents Act was to improve the validity of the patent-granting process, the legislation included a narrow provision to improve patent litigation. Unfortunately, some activist judges have ignored this new tool, says Rep. Lamar Smith, R-Texas.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • The Post-AIA Battleground For Patent Challenges

    Robert Greene Sterne

    The implementation of the America Invents Act, which began on Sept. 16, 2012, ushered in a new age for patent law. The impact of the AIA has reverberated across all technological sectors and fundamentally changed the way the patent community approaches prosecution, licensing, enforcement and monetization, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • Ending Section 337 Investigation By Consent Order: 4 Pitfalls

    Jack R. Smith

    The preparation of motions for termination of Section 337 investigations based on consent orders should be undertaken with great care. This is an area where even slight deviations from the numerous requirements of the rules often result in rejection by the judges or the U.S. International Trade Commission, say attorneys with Morrison & Foerster LLP.

  • An End-Run Around Myriad And 'Product Of Nature' Problem

    Dr. Janis Fraser

    Recent U.S. court decisions have severely curtailed the biotech industry’s ability to obtain patent claims to newly discovered “products of nature,” on the grounds that such compounds — even when isolated “by the hand of man” from their natural environment — are not patent-eligible subject matter. However, one door remains ajar, say Dr. Sarah Cork and Dr. Janis Fraser of Fish & Richardson PC.