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  • April 15, 2014

    MGM, Hakkasan Form Luxury Hotel Development JV

    MGM Resorts International announced Tuesday that it has formed a joint venture with restaurant and club operator Hakkasan Group to develop hotels, resorts and even apartment buildings, in a deal that will pool together certain intellectual property.

  • April 15, 2014

    Davis & Gilbert Gets $8M Malpractice Suit Cut Down

    A New York state judge on Friday partly dismissed an $8 million legal malpractice suit accusing Davis & Gilbert LLP of bungling copyright transfers for a documentary, nixing a major investor's allegations but preserving negligence claims levied by a production company.

  • April 15, 2014

    Seacrest's Bond Bid In BlackBerry Row Wildly Off Mark: Judge

    A California federal judge on Friday signed off on a $500,000 bond BlackBerry Ltd. must pay in its patent lawsuit with Ryan Seacrest's Typo Products LLC over an iPhone keyboard case, and called out Typo for making its own "wildly inappropriate" bond request.

  • April 14, 2014

    IP Disputes Keeping More GCs Up At Night

    Intellectual property lawsuits are increasingly weighing on the minds of general counsel amid growing concern about patent assertion entities, according to a survey released Tuesday.

  • April 14, 2014

    USTR Urged To Pressure Canada On Revoked Drug Patents

    The Canadian court’s handling of drug patents has drawn the ire of Congress members, who have urged the U.S. Trade Representative to subject Canada to additional scrutiny and possible sanctions amid concerns it is invalidating branded drugs in favor of generic alternatives.

  • April 14, 2014

    Microsoft Takes Aim At Media Co. In Windows Licensing Suit

    Microsoft Corp. lodged a suit against Technovare Systems Inc. on Monday in California federal court, saying the commercial sign company installed Microsoft’s flagship programs without properly licensing them or using the unique product keys assigned to them.

  • April 14, 2014

    Apple Wasn't 1st With IPhone Feature, Samsung Witness Says

    Samsung Electronics Co. Ltd. defended itself Monday against allegations that it ripped off a patented Apple Inc. phone dialing feature, calling a former Borland Software Corp. engineer to testify that Borland had developed a similar feature years before Apple.

  • April 14, 2014

    DC Circ. Blasts 'Porn Troll's' Bad Faith In ISP Subpoenas

    A D.C. Circuit panel on Monday criticized so-called porn copyright troll AF Holdings LLC for seeking personal information from Cox Communications Inc. and other Internet service providers on more than 1,000 web users accused of downloading a pornographic film, saying the company knew the vast majority of the subpoenas would be irrelevant to the suit at hand.

  • April 14, 2014

    TI Can't Dodge Suit Over 3 Ethernet Tech Patents

    A Texas federal jury on Friday rejected a bid by Texas Instruments Inc. to invalidate three patents for an Ethernet “system-on-chip” technology held by U.S. Ethernet Innovations Inc., the company suing TI for infringement.

  • April 14, 2014

    Ex-NFL Player Hits Nike With 'Lights Out' Trademark Suit

    Former San Diego Chargers linebacker Shawne Merriman, who says he got the nickname “Lights Out” when he knocked four opposing players unconscious during a game, hit Nike Inc. with a trademark lawsuit in California federal court on Monday for using the phrase on an apparel line.

  • April 14, 2014

    Texting Patents In CBS Case Not Exhausted, Fed. Circ. Told

    A patent licensing company urged the Federal Circuit last week to reverse a ruling that text-messaging patents it asserted against CBS Corp. and others are exhausted, saying that the judge relied on a flawed interpretation of patent exhaustion no court has ever used.

  • April 14, 2014

    Mintz Levin Nabs 3 Patent Pros For Boston Office

    Three patent attorneys with extensive experience representing clients in the health care and life sciences sectors have joined the Boston offices of Mintz Levin Cohn Ferris Glovsky and Popeo PC, the firm announced on Thursday.

  • April 14, 2014

    IBM's Software IP Dispute With BGC Headed To Mediation

    IBM Corp. and securities brokerage BGC Partners Inc. will attempt mediation after a federal judge last year slashed most of IBM's $107 million claim in a copyright infringement dispute, attorneys for both sides said at a Monday status conference.

  • April 14, 2014

    Medtronic Asks Fed. Circ. To Lift CoreValve Sales Ban

    Medtronic Inc. on Monday asked the Federal Circuit to stay a preliminary injunction on U.S. sales of a heart valve system that Edwards Lifesciences AG claims infringes its catheter patent, claiming the ban jeopardizes patient health and misinterprets patent extension law.

  • April 14, 2014

    Google Ruling 'Unprecedented, Expansive,' Authors Say

    The Authors Guild fired the opening shots Friday in its bid to overturn a finding that Google Inc.'s project to digitize millions of copyright-protected books was a legal fair use, calling the decision an “unprecedented, expansive and erroneous interpretation” of the doctrine.

  • April 14, 2014

    Depomed Settles With Incepta, Zydus Over Nerve Pain Drug

    Drug company Depomed Inc. on Friday said that it has reached settlements with Incepta Pharmaceuticals Ltd. and Zydus Pharmaceuticals USA Inc., two out of the three defendants in ongoing patent infringement litigation over its nerve pain medication Gralise.

  • April 14, 2014

    FDA Seeks To Stay Perrigo Suit Over Delayed Rating Update

    The U.S. Food and Drug Administration on Thursday asked a D.C. federal judge to stay a suit from Perrigo Israel Pharmaceuticals Ltd. alleging the agency has failed to update its records to reflect the "therapeutic equivalence" rating of Perrigo's generic testosterone gel product, blasting the company for asserting “speculative harms” in its complaint.

  • April 14, 2014

    Latham & Watkins Snags Ex-Kirkland IP Atty In Chicago

    Latham & Watkins LLP has snagged a former Kirkland & Ellis LLP partner whose practice focuses on complex intellectual property litigation to serve as a partner in its litigation department in Chicago, Latham announced Monday.

  • April 14, 2014

    Philips Dodges 3rd Defibrillator Patent Row

    A Massachusetts federal judge on Friday threw out a suit filed by Zoll Medical Corp. alleging Philips Electronics North America Corp. infringed on a patent for a defibrillator, finding the issue had already been decided in a related lawsuit.

  • April 14, 2014

    Spin Master Says Rival Knocked Off Its Flying Fairy Toy

    Toy maker Spin Master Ltd. hit rival Brix 'N Clix Co. Ltd. with a copyright infringement suit in California federal court Friday, alleging the rival devised a scheme to illegally capitalize on the success of Spin Master’s “Flutterbye” flying fairy toy by creating a look-alike called “Starfly."

Expert Analysis

  • New EU Tech Regulations Will Impact Life Sciences

    Dr. Ulrich Worm

    The European Commission recently published the definitive text of its new rules regarding the interface between intellectual property and antitrust law, which will have a particular impact on the life sciences industry. For example, the draft of the new rule suggested excluding termination-on-challenge clauses from the safe harbor provision of the European Union Treaty — a move the industry criticized, says Dr. Ulrich Worm of Mayer Brown LLP.

  • Kan. Follows Yellow Brick Road To Broad Privilege Waiver

    Jay Barron

    A Kansas federal court's recent decision in Sprint Communications Co. LP v. Comcast Cable Communications LLC raises concerns about the possible inadvertent waiver of attorney-client privileged documents when responding to document requests. But perhaps most concerning, the court’s claim of a trend among its “sister courts” is misguided, says Jay Barron of Bingham McCutchen LLP.

  • A New Test For False Ad Standing Under Lanham Act

    Peter Brody

    The U.S. Supreme Court's recent ruling in Lexmark International Inc. v. Static Control Components Inc. likely will lead to an increase in false advertising litigation in jurisdictions that had followed a categorical test for standing, had emphasized the damages considerations when applying the "AGC" factors or had limited false advertising claims based on "prudence," say Peter Brody and Jennifer Kwon of Ropes & Gray LLP.

  • Racy Trademarks And Patents Are Not On Equal Footing

    Shelly Rosenfeld

    An interesting twist is that while one is unable to register a vulgar trademark, there is no such roadblock for patenting a device that one may consider vulgar. The same office that prevented a rooster-shaped lollipop from obtaining a registered trademark because of a double entendre has issued patents for many sexual devices — whose names, if trademarked, would probably be rejected for their vulgarity, says Shelly Rosenfeld of Lewis Brisbois Bisgaard & Smith LLP.

  • What Is Really Needed In Patent Reform

    Eric Cohen

    In order to effectuate the intent of Congress, defendants who file petitions to institute inter partes review or covered business method review proceedings should not be forced to litigate on two fronts. Providing for an automatic stay when IPR or CBM petitions are filed in defense of patent assertion entity-instituted patent infringement lawsuits would go a long way toward solving the perceived problem with PAE patent litigation, says Eric Cohen of Katten Muchin Rosenman LLP.

  • Entire Market Value Rule Vs. 'Convoyed Sales' Rule

    Ted Mathias

    Last year, a Virginia federal court in Electro-Mechanical Corp. v. Power Distribution Prods. Inc. applied the entire market value rule to overturn a jury award of lost profits. A new California federal court decision in Plantronics Inc. v. Aliph Inc. took a more patentee-friendly approach and applied a “convoyed sales” rule. These decisions show that the court's approach can determine whether lost profits are recoverable, say Ted Mathias and Matthew Murphy of Axinn Veltrop & Harkrider LLP.

  • Pros And Cons Of Trial Presentation Software Programs

    David Russell

    The last thing lawyers want to worry about is fumbling with trial exhibits once they get to the courtroom. Luckily, there are a wide variety of options for using technology to facilitate trial presentation. Each has benefits and drawbacks, but the most important thing is finding software that the trial lawyer is comfortable and confident running, say David Russell and Jeffrey Atteberry of Jenner & Block LLP.

  • Are Patent Trolls Now Targeting The Energy Industry?

    David J. Levy

    Our survey, conducted by Lex Machina, suggests that energy companies should expect over 30 percent of all patent cases filed with regards to the energy industry in 2014 — and in the next few years — to be brought by nonpracticing entities. Given this trend in litigation, seeking broad contract language for all intellectual property licenses and considering cross-licensing patents can be effective strategies when responding to NPEs, say David Levy and Nicholaus Floyd of Morgan Lewis & Bockius LLP.

  • Protective Orders Should Take Center Stage In IP Cases

    Paul Popeo

    Protective orders go to the heart of intellectual property litigation — they regulate the disclosure of extraordinarily valuable and competitively sensitive confidential information. Then why do many lawyers rely on standard, one-size-fits-all protective orders? The stakes are simply too high. Choices made at this junction will have ramifications throughout the litigation, say Paul Popeo and Kevin Quigley of Choate Hall & Stewart LLP.

  • Beware Of Conditional Responses To Discovery

    Gregory Leighton

    ​Conditional responses to document requests — responses that assert objections, but state that documents will be produced subject to the objections — are commonplace in civil litigation. However, this routine practice is coming under increased scrutiny, as some judges, including a Kansas judge in the recent case of Sprint Communications Co. LP v. Comcast Cable Communications LLC, view such responses as invalid as a matter of law, say attorneys with Neal Gerber & Eisenberg LLP.