Intellectual Property

  • October 30, 2014

    Louis Vuitton Wants 9th Circ. Call On 'Always Generic' Rule

    Louis Vuitton Moet Hennessy Inc. wants the Ninth Circuit to immediately weigh in on whether a Los Angeles jeweler can claim the term “Red Gold” as a trademark, saying a district judge issued an aberrational ruling that a generic term could transform into a trademark.

  • October 30, 2014

    9th Circ. To Rehear En Banc Artists' Royalty Act Appeal

    The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.

  • October 30, 2014

    K&L Gates Settles Malpractice Suit, Pulls High Court Appeal

    K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.

  • October 30, 2014

    11th Circ. Sends Trade Secret Dispute To Arbitration

    The Eleventh Circuit on Thursday sent to arbitration a dispute brought by U.S. Nutraceuticals LLC alleging that microalgae products maker Cyanotech Corp. breached an agreement by stealing confidential information.

  • October 30, 2014

    Judge Won’t Block Oil Industry Lobbying Website In TM Row

    A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.

  • October 30, 2014

    Toyota Must Hand Over Paice Deal In Hyundai, Kia IP Fight

    A Maryland federal judge on Wednesday allowed Paice LLC to share a confidential deal licensing patents to Toyota Motor Co. with its co-plaintiff in their suit accusing Hyundai Motor Co. and Kia Motors Corp. of ripping off their hybrid vehicle technology.

  • October 30, 2014

    KC And The Sunshine Band Don't Stop Copyright Suit

    A Florida judge on Wednesday allowed copyright and breach of contract claims against KC and the Sunshine Band by the estate of a former band member to go forward, while dismissing claims the band and its publishers breached fiduciary duty and misappropriated his image.

  • October 30, 2014

    Judge Nixes Sports Photo Patents As Abstract Under Alice

    A California federal judge has invalidated three patents on computerized methods of cataloging photos of participants in marathons and other sporting events, finding that they claim nothing more than an abstract idea under the U.S. Supreme Court's Alice Corp. decision.

  • October 30, 2014

    Pharrell, Robin Thicke Can't Kill 'Blurred Lines' Suit

    A California federal judge formally denied Robin Thicke and Pharrell Williams a quick win Thursday in the lawsuit over whether they lifted aspects of “Blurred Lines” from Marvin Gaye, saying the R&B legend's heirs might have a case.

  • October 30, 2014

    Pillsbury Snags ITC Expert From Goodwin Procter

    Pillsbury Winthrop Shaw Pittman LLP has bolstered its intellectual property practice with the addition of a former U.S. International Trade Commission investigator from Goodwin Procter LLP, the firm announced Wednesday.

  • October 30, 2014

    ITC Judge Recommends Import Ban On IP-Infringing Grills

    A U.S. International Trade Commission administrative law judge on Wednesday found that grills imported from China by a number of major U.S. retailers, including Sears Roebuck & Co., infringed patents for a two-in-one grill.

  • October 30, 2014

    GTAT Judge Intends To Unseal Records On Apple Spat

    The judge presiding over GT Advanced Technologies Inc.’s secretive bankruptcy on Thursday endangered a settlement of the contract dispute with Apple Inc. that destroyed GT's business, saying that a key document both companies want sealed should be made public.

  • October 30, 2014

    Gordon Ramsay Has Beef With Fraud Claims In Fat Cow Fight

    Lawyers for Gordon Ramsay told a Manhattan judge Thursday that fraud claims in a $10 million suit against the chef filed by the co-owner of their ill-fated Fat Cow Restaurant in Los Angeles are defective because plaintiff Rowen Seibel couldn't reasonably rely on Ramsey's allegedly duplicitous vows to pursue a viable trademark.

  • October 30, 2014

    Another Judge Nixes Stan Lee Media's Spider-Man Claims

    A second judge in as many days has rejected Stan Lee Media Inc.'s oft-asserted claim that it owns the rights to Spider-Man and other lucrative Marvel Comics characters created by its former president, booting the litigious company Thursday from a suit The Walt Disney Co. filed against a Pennsylvania theater.

  • October 30, 2014

    Fed. Circ. Backs Stay For AIA Review In Patent Dispute

    The Federal Circuit on Tuesday refused to take a second look at its decision to stay VirtualAgility Inc.'s patent case against Inc. and others during an America Invents Act business method patent review.

  • October 30, 2014

    Antonelli Hit With Spending Limits After Patent Filing Blunder

    A New York federal judge on Wednesday hit Antonelli Terry Stout & Kraus LLP with temporary spending restrictions and accountability measures following a nearly $8 million judgment levied against the law firm in Protostorm LLC’s malpractice suit accusing the firm of botching a patent application.

  • October 29, 2014

    Apple, Samsung Team Up For AIA Review Of Memory Patent

    Apple Inc., Samsung Electronics Co. Ltd., HTC Corp. and Inc. joined forces Tuesday to seek an America Invents Act review of a computer memory patent that Memory Integrity LLC has accused all of them, and scores of other tech companies, of infringing.

  • October 29, 2014

    Software Co. Says Rival Raided Staff, Stole Trade Secrets

    Risk management software company Inc. slapped rival Kyriba Corp. with a $3.7 million suit in New York state court alleging it improperly sought to obtain an unfair competitive advantage by poaching employees and seeking out confidential trade secrets.

  • October 29, 2014

    The Donald Says Trump Resorts Ch. 11 Plan Lacks Key Info

    Real estate mogul Donald Trump took aim Wednesday at the Chapter 11 plan disclosure statement for the casino operator that bears his name, arguing that Trump Entertainment Resorts Inc. doesn't reveal what it plans to do if it loses a court battle over use of the moniker.

  • October 29, 2014

    9th Circ. Shreds Stan Lee Media's Iron Man Lawsuit

    The Ninth Circuit on Wednesday tossed Stan Lee Media Inc.'s lawsuit against its former president, comic book legend Stan Lee, alleging it owns characters he created or co-created, including Spider-Man, Iron Man and the X-Men, calling the company's claim "simply implausible."

Expert Analysis

  • New Patent Metrics For Management And Investors

    Stephen Glazier

    No consensus has formed regarding which metrics are best to compare, manage and communicate about mission-critical patent programs. We tested a variety of metrics and selected a new system derived entirely from publicly available raw data for all publicly traded companies, even though the raw IP data may be esoteric, awkward and unappreciated generally by management and investors, says Stephen Glazier of Akerman LLP.

  • Why Canada's Patent Prosecution Highway Is A Huge Success

    Elliott Simcoe

    Canada's Patent Prosecution Highway program has positioned the country as a highly cost-effective jurisdiction in which to procure patent protection with exceptional speed and efficacy, says Elliott Simcoe of Smart & Biggar.

  • Death Of The 'Double Irish Dutch Sandwich'? Not So Fast

    Jeffrey L. Rubinger

    All of the press declaring the “Double Irish Dutch Sandwich” structure a thing of the past as a result of recent Irish finance proposals seems to be a bit overstated. The only thing that has truly changed is the scope of permissible jurisdictions to which management and control may be moved to achieve the desired tax benefits, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • Reframing Patent Infringement From Injunction To Servitude

    Paul Schneck

    Since eBay, district courts have looked to whether the patent-owning plaintiff is a “direct competitor” as a litmus test for granting an injunction. This has called into question the inherent value of patents, as the value of each patent is dependent upon the nature of its owner. Instead, the behavior of both the patent owner and the infringer should be determinative of the remedy, say Paul Schneck and Matthew Genkin of Rembrandt I... (continued)

  • Aereo Bid To Avoid Injunction Gets Poor Reception

    Robert Kenney

    Aereo Inc. is now barred from retransmitting broadcast television programming at any time while that programming is being broadcast. The New York federal judge's ruling emphatically answers at least one question that may not have been clear — any time delay in retransmission that is less than the entire length of the broadcast to its conclusion is impermissible, says Robert Kenney of Birch Stewart Kolasch & Birch LLP.

  • New Restrictions On Int'l Trade In Genetic Resources

    Bruce Manheim

    Although the U.S. has not signed or ratified the Nagoya Protocol, U.S. companies that utilize genetic resources from other countries for scientific research or commercial purposes will be subjected to these new requirements and restrictions. With many countries already vigorously enforcing such restrictions, the consequences of not fully complying may be draconian, says Bruce Manheim of WilmerHale.

  • How VirnetX May Affect Post-Grant Review Evidence At Trial

    Bill Sigler

    VirnetX Inc. v. Cisco Systems Inc. — the first post-Commil Federal Circuit decision to squarely address the admissibility of post-grant review evidence at trial — did not foreclose the potential new avenue created by Commil, but instead reaffirmed that the district court has broad discretion in admitting or excluding such evidence, says Bill Sigler of Fisch Sigler LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • How To Successfully Use Alibaba's AliProtect

    Theodore Baroody

    If a U.S. intellectual property owner has limited financial resources such that infringement represented by an listing accessible in the U.S. might otherwise go unaddressed, a complaint through the AliProtect system may present a reasonable option. AliProtect has some quirks, but it worked when we tried it, and the time from complaint to takedown was about five days, says Theodore Baroody of Carstens & Cahoon LLP.