Intellectual Property

  • November 30, 2015

    House Votes To Formally Establish DHS Cybercrime Institute

    The U.S. House of Representatives passed legislation Monday formally authorizing a U.S. Department of Homeland Security institute to train and equip law enforcement and prosecutors to investigate and prevent fraud, intellectual property theft and other cybercrime and share related information.

  • November 30, 2015

    Amgen Seeks 1st Biosimilar Of Mega-Blockbuster Humira

    Amgen has submitted its long-awaited application for a biosimilar of AbbVie’s mega-blockbuster Humira, the world’s best-selling prescription drug and the sort of highly complex product that presents major scientific challenges for copycat medicines.

  • November 30, 2015

    CBS, Cumulus Beat Class Claims In Pre-1972 Royalty Fight

    A California federal judge ruled Wednesday that rights owners who want CBS Corp. and Cumulus Media Inc. to start paying royalties for pre-1972 records had failed to follow the rules in attempting to certify the cases as class actions, striking both the certification bid and class allegations from the litigation.

  • November 30, 2015

    Sleek Audio Wants 50 Cent Deposed Over $18M Legal Debt

    Sleek Audio said Monday that it is seeking to depose rapper 50 Cent and may file a lawsuit to block the entertainer from potentially wiping out through his bankruptcy an $18 million legal claim the company obtained over a soured deal to create 50 Cent branded headphones.

  • November 30, 2015

    Sirius Wants Pre-1972 Case Paused Until 9th Circ. Ruling

    Sirius XM Radio is pushing to freeze a California class action seeking royalty payments for thousands of pre-1972 recording artists, saying any further litigation should wait until the Ninth Circuit issues a highly awaited decision on whether those musicians deserve to be paid at all.

  • November 30, 2015

    Allergan, NY End Antitrust Fight Over Dementia Drug

    Allergan and New York state have settled an antitrust suit that accused the drugmaker of steering patients away from one of its dementia drugs and toward another to avoid competition with generic versions that were coming to market.

  • November 30, 2015

    Stricter Patent Pleading Requirements Take Effect Dec. 1

    New federal rules raising the pleading standards for patent cases will take effect Tuesday, ushering patent litigation into a new era that will require plaintiffs do more than simply put the defendant on notice of the claim.

  • November 30, 2015

    Justices Reject Biolitec's $70M Contempt Appeal

    The Supreme Court on Monday turned away Biolitec AG’s challenge to a $70 million contempt penalty and an arrest warrant for its CEO for going through with a merger expressly forbidden by a lower court’s order.

  • November 30, 2015

    IRS Calls Mylan Patent Deal A 'License' In $100M Tax Fight

    The IRS slammed Mylan Pharmaceuticals’ contention that its $400 million patent deal with Forest Laboratories was a sale rather than a license for tax purposes, telling the U.S. Tax Court that Mylan retained a host of rights and therefore has no basis to challenge a $100 million tax bill.

  • November 30, 2015

    High Court Won't Hear $176M Covidien Prior Art Appeal

    The U.S. Supreme Court on Monday rejected medical supplier Covidien PLC’s efforts to recoup more than $176 million it had been awarded in a patent dispute with a unit of Johnson & Johnson, despite protests that a “secret" prototype shouldn't be considered as prior art.

  • November 25, 2015

    GSI Wins Nearly $1M At Calif. Trade Secrets Trial

    A federal jury in California found on Wednesday that a chip design company was liable for breach of contract in a trade secrets suit brought by chipmaker GSI Technology and awarded GSI nearly $1 million in damages, according to court documents.

  • November 25, 2015

    MedTel Found In Contempt Again In Heart Monitor IP Fight

    A Pennsylvania federal judge on Monday issued a second order finding heart monitoring company MedTel24 Inc. in contempt of a consent judgment in a patent infringement case brought by CardioNet LLC, but he stopped short of issuing sanctions against it.

  • November 25, 2015

    Luxury Cos. Win $64M Default Against Counterfeiter

    A New York federal judge on Tuesday granted fashion brands Cartier International AG, Alfred Dunhill Ltd., Chloe SAS and others a $64 million default judgment after finding the sole remaining defendant in the case liable for infringing their trademarks and permanently barred the John Doe from continuing to do so.

  • November 25, 2015

    Apple's PTAB Triumph Can't Stand, Arendi Tells Fed. Circ.

    The Patent Trial and Appeal Board erred in invalidating an Arendi S.A.R.L. computer data patent challenged by Apple, Google and Motorola by basing its decision in part on “common sense” rather than on concrete evidence, the company told the Federal Circuit on Tuesday.

  • November 25, 2015

    LG Says Toshiba Samsung Doesn't Have Patent Rights

    LG Electronics asked a Delaware federal court to toss a suit filed by Toshiba Samsung Storage Technology Wednesday, saying the company never secured rights needed to claim infringement of patents for disc and optical drives.

  • November 25, 2015

    Honda, Others Hit With IP Suits Over Remote Control Apps

    Honda, Ford, Mercedes-Benz and a host of other automakers were hit Wednesday with lawsuits in Texas federal court by a device patent company claiming all of the manufacturers are infringing on a patent that covers customized consumer products created over the Internet with apps that control car functions.

  • November 25, 2015

    Pozen Fires Back At Bass Group's Vimovo IPR Petition

    Pozen Inc. has urged the Patent Trial and Appeal Board to reject the latest attempt by an organization tied to hedge fund manager Kyle Bass to obtain an America Invents Act review of a patent covering the arthritis medication Vimovo, saying Bass' group didn’t show that it will succeed in invalidating the patent.

  • November 25, 2015

    Teikoku Loses Bid To Boot 12 Firms From Lidoderm MDL

    A California federal judge on Wednesday refused to disqualify 12 law firms representing retailers in pay-for-delay multidistrict litigation over the Lidoderm pain relief patch, saying plaintiffs’ attorneys’ use of a privileged document mistakenly handed over by Japanese drugmaker Teikoku did not warrant disqualification.

  • November 25, 2015

    Accused Infringers Rethink Declaratory Judgment Strategies

    With the Patent Trial and Appeal Board becoming a more popular avenue for attacking the validity of patents, accused infringers are filing fewer declaratory judgment actions in court, but attorneys say this type of preemptive suit still serves as an important litigation tool for gaining a favorable jurisdiction in a patent fight.

  • November 25, 2015

    Turtles Say SiriusXM Is Off Track On Fla. Property Law

    Members of The Turtles rock band argued Tuesday that Sirius XM Radio is employing a misguided “anything but Florida law” strategy to try to convince the Eleventh Circuit to affirm a lower court's finding that the band doesn't hold a performance right to their pre-1972 recordings.

Expert Analysis

  • C-E-R-T! Why Cheerleader Uniform Suit Belongs In High Court

    Edward Maluf

    The Sixth Circuit held last August in Varsity Brands v. Star Athletica that certain design elements of copyright-registered cheerleading uniforms were indeed copyrightable because those elements were conceptually separable from the uniforms themselves. The case provides an opportunity for the U.S. Supreme Court to craft a less subjective and more predictive rule for fashion designs, say Edward Maluf and Amy Abeloff of Seyfarth Shaw LLP.

  • Some Potential Modern Uses For Submarine Patents

    James Yang

    Submarine patents have lost much of their luster because patent applications now have a limited shelf life of only 20 years upon filing and any continuation applications also have the same limited shelf life of 20 years calculated back from its earliest priority nonprovisional filing. Nevertheless, the benefits of a submarine patent may still be applicable in limited circumstances, says James Yang of Stetina Brunda Garred & Brucker PC.

  • 5 Signs You Are Hiring The Wrong Patent Translator

    Michael Degn

    How do you know the translations of your patent applications are accurate? In most cases, you aren’t going to know until you face litigation by a company challenging your patent, and further scrutiny of the patent shows what you thought was covered isn’t. But there are some red flags to look for, says Michael Degn of MultiLing.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • Courts To Police Direct Infringement Pleadings More Strictly

    Joel B. Ard

    Amendments to the Federal Rules of Civil Procedure will soon delete all the forms, including Form 18 — the model patent infringement pleading. Several earlier decisions that rejected or criticized Form 18 offer guidance to practitioners trying to predict proper pleading standards for complaints filed after Dec. 1, 2015, say Joel Ard and Benjamin Hodges of Foster Pepper PLLC.

  • Musician Gets Black Eye At TTAB

    Scott J. Slavick

    “Where Is the Love?” is the title of one of the Black Eyed Peas’ greatest early hits, but right now it’s likely the lament of band member on having his application for the mark "I Am" rejected by the Trademark Trial and Appeal Board. In the end, perhaps the applicant's only real chance was to sell the "fame" concept, say Scott Slavick and Arturo Gonzalez of Brinks Gilson & Lione.

  • The Challenges In Patenting Fintech

    Maya Medeiros

    Competitors are forming constructive partnerships to collaborate and efficiently develop and deploy new financial technology products and services. Open collaboration and interoperability can be built on clearly defined IP boundaries, but obtaining global patent protection for fintech is more complex, says Maya Medeiros of Norton Rose Fulbright.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.

  • O’Bannon And Alternative Forms Of Injunctive Relief

    James P. Menton Jr.

    The Ninth Circuit's recent decision in O’Bannon v. NCAA raises important considerations on the type of evidence necessary to maximize the chances of retaining injunctive relief on appeal, say attorneys with Robins Kaplan LLP.

  • USPTO Should Restore Some Sanity To Design Patents

    Joshua Wolson

    The Federal Circuit's ruling in Apple v. Samsung called out “door’s open” to anyone looking to make a buck. But the U.S. Patent and Trademark Office has the ability to close this door to an influx of meritless design patent infringement actions and threats, says Joshua Wolson of Dilworth Paxson LLP.