Intellectual Property

  • March 3, 2015

    Wells Fargo Stole Trade Secrets In Broker Hire, Suit Says

    Wells Fargo is accused of benefiting from stolen trade secrets after hiring an executive from a competing Ohio insurance brokerage and allowing him to solicit customers and staff from his former employer, according to a lawsuit filed in Ohio federal court Monday.

  • March 3, 2015

    Radar Co. Says It Didn't Destroy Evidence In Patent Fight

    Radar detector company Escort Inc. on Monday countered allegations in Idaho federal court that it destroyed key source code to cover up patent infringement, saying in its opposition to a request for terminating sanctions that the code has not been destroyed.

  • March 3, 2015

    Hanover Liable In Urban Outfitter's IP Suit, 3rd Circ. Told

    The Third Circuit was urged on Tuesday to overturn a decision clearing Hanover Insurance Co. from defending Urban Outfitters Inc. in a copyright infringement suit brought by the Navajo Nation accusing the retailer of pilfering protected American Indian styles and designs for its products.

  • March 3, 2015

    Apple Foe Says Doc Organizing Patent Holds Up Under Alice

    Apple Inc. hasn’t shown a patent for organizing computer documents fails under the U.S. Supreme Court’s Alice decision, Mirror Worlds Technologies LLC told a Texas federal court Monday, firing back at the tech giant’s bid to invalidate the patent in an infringement suit lodged against Apple, Microsoft Corp. and others.

  • March 3, 2015

    With NWA Film Looming, Dr. Dre Sued Over Old Track

    With Dr. Dre gearing up to release a biopic on the rise of his legendary hip hop group N.W.A., a new lawsuit is claiming that a track from the group's 1988 debut album illegally sampled a 1970s soul song.

  • March 3, 2015

    K&L Gates Snags Ex-Freshfields IP Atty For London Office

    K&L Gates LLP has bolstered its London office by adding an intellectual property attorney with particular experience in cross-border brand transactions from Freshfields Bruckhaus Deringer LLP, the firm announced Tuesday. 

  • March 2, 2015

    Capital One Can Pursue Intellectual Ventures In Antitrust Case

    A Maryland federal judge on Monday allowed Capital One Financial Corp. to pursue antitrust counterclaims in Intellectual Ventures LLC’s mobile banking patent infringement suit, ruling the bank sufficiently alleged Intellectual Ventures cornered the market for financial services patents.

  • March 2, 2015

    Harness Dickey Hires Dentons Team To Launch Dallas Office

    Intellectual property firm Harness Dickey will open a new Dallas office with the addition of a Dentons team, as the firm continues a growth plan into a region it said was experiencing significant economic growth

  • March 2, 2015

    Texas Jury Awards $16.7M In Engine Patent Fight

    A Texas federal jury on Friday awarded $16.7 million to the French holder of a cam phaser patent that he alleged was used by Hilite International Inc. in a piece the company sold for Chrysler and GM engines. 

  • March 2, 2015

    LSI Urges Fed. Circ. To Toss ITC Patent Claim Decision

    LSI Corp. called on a Federal Circuit panel Monday to vacate an International Trade Commission decision in a long-running legal fight with Realtek Semiconductor Corp. and others over alleged violations of standard-essential WiFi patents, saying the agency had improperly narrowed its claims construction.

  • March 2, 2015

    Judge May Do Intros In Motorola, Intellectual Ventures Fight

    A Delaware federal judge said Monday that she is considering not allowing either Intellectual Ventures LLC or Motorola Mobility LLC to introduce themselves to the jury and might handle the task herself as the sides prepare for the rematch of their patent dispute that ended in mistrial last year.

  • March 2, 2015

    Texas Eastern's IP Dockets Stayed Busy Despite National Drop

    Federal courts saw a drop in new patent complaints by 19 percent in 2014, but the Eastern District of Texas largely bucked that trend, with sharp judges, a fast trial schedule and the potential for high-dollar verdicts attracting plaintiffs.

  • March 2, 2015

    Supplement Maker Vitacost Settles Workout Drink Patent Tiff

    Vitacost.com Inc. has reached a settlement with a patent-assertion company accusing the online retailer of making and selling several supplements, including Black Powder and various versions of N.O.-Xplode, that infringe its patent for a preworkout energy drink, according to documents filed Monday in Texas federal court.

  • March 2, 2015

    Fed. Circ. Lops Lost Profits Off $101M Medtronic Patent Verdict

    The Federal Circuit on Monday upheld a verdict that NuVasive Inc. infringed Medtronic PLC patents related to implants and devices used in spinal surgeries, but vacated a $101 million damages award because Medtronic couldn’t recover damages in the form of lost profits.

  • March 2, 2015

    Google Wins Pause On Miss. AG Probe Into Online Piracy

    Google Inc. won a bid to hold off an investigation by Mississippi Attorney General Jim Hood into whether it is allowing pirates to illegally sell prescription drugs and stolen movies through its advertising and YouTube services when a federal judge on Monday granted an injunction against the prosecutor’s subpoena.

  • March 2, 2015

    Restoration Hardware Sues 3 Cos. Over Knockoff Chandeliers

    Restoration Hardware is accusing two smaller companies of using copyrighted images of the high-end retailer’s merchandise to sell their own patent-infringing knockoff versions.

  • March 2, 2015

    EDekka Tops List Of Repeat Patent Plaintiffs In 2014

    Plano, Texas-based eDekka LLC launched more than 100 patent suits against retailers last year, making it the most active plaintiff in patent infringement litigation in 2014 and a standout among the special breed of aggressive litigants that some attorneys say are wreaking havoc on the patent system today.

  • March 2, 2015

    1-800-Flowers Countersues Edible Arrangements In IP Fight

    1-800-Flowers.com Inc. launched an antitrust countersuit against Edible Arrangements LLC in Connecticut federal court on Friday accusing the cut-fruit retailer of anti-competitive conduct by using fraudulently obtained trademark registrations to enforce trademarks for generic terms, in violation of federal law covering fair use.

  • March 2, 2015

    Amazon Trampled Online Pricing Patent, Fed. Circ. Told

    A California-based technology company on Monday urged a Federal Circuit panel to revive its patent infringement suit against Amazon.com Inc., saying its automatic online pricing method is patentable and isn't an abstract idea.

  • March 2, 2015

    Cygnus Urges Fed. Circ. To Revive Medtrica Patent Row

    Cygnus Medical LLC on Monday argued for a Federal Circuit panel to revive its suit accusing Medtrica Solutions Ltd. and Steris Corp. of infringing its patent on an endoscope cleaning kit, saying the lower court had improperly construed the claims in its patent.

Expert Analysis

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • The 4 Corners Of The Innovation Act Of 2015

    J.C. Boggs

    The Innovation Act, recently reintroduced in the House, builds upon the already significant patent litigation reform that was adopted in the America Invents Act of 2011 in four fundamental respects, says J.C. Boggs of King & Spalding LLP.

  • Using Patents To Curtail Climate Change: A Proposal

    John Vandenberg

    Last fall, 74 countries and more than 1,000 businesses signed a declaration calling on all nations to price carbon dioxide and other greenhouse gases, yet the prospects of meaningful government action are dim. We see a possible solution in our patent system — impose a flexible license fee tied to greenhouse gas emissions, say attorneys with Klarquist Sparkman LLP, Green Patent Law, Robins Kaplan LLP, Burns & Levinson LLP and Susman Godfrey LLP.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Does Katy Perry’s 'Left Shark' Copyright Claim Have Teeth?

    Amelia Brankov

    Were a court to consider Katy Perry’s claim that figurines infringed her copyright interest in the costume worn by the "Left Shark" in her Superbowl performance, it likely would analyze whether the costume contains original elements of authorship that are separable from the costume’s utilitarian function. Her cease-and-desist letter does not explain how the "Left Shark” satisfies this separability requirement, says Amelia Brankov o... (continued)

  • PTAB Holds A Firm Line On Additional Discovery

    Alison Baldwin

    Congress created inter partes review and covered business method review as quicker and more cost-effective alternatives to district court. After two years, a noticeable trend has emerged regarding how the Patent Trial and Appeal Board is accomplishing these objectives through its decisions on motions for additional discovery, say Alison Baldwin and Lisa Schoedel of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Aereo And Its Limited Application To New Technologies

    Timothy Buckley

    Several recent cases confirm that the reach of the U.S. Supreme Court's decision last year in American Broadcasting Company Inc. v. Aereo Inc. is quite limited, says Timothy Buckley of Powley & Gibson PC.

  • A Snapshot Of Patent Litigation In 2014

    From the sizable increase in new inter partes review and covered business method review petitions at the Patent Trial and Appeal Board to the six U.S. Supreme Court decisions tilting the playing field against patent owners, 2014 was without question an eventful year for the patent community. Consider some key findings from our statistical analysis of litigation activity last year, says Darryl Towell, CEO of Docket Navigator.

  • Recasting Claims Under CGL Policies Is Rough In 5th Circ.

    Jon T. Neumann

    The Fifth Circuit’s rejection of the Gum Tree defendants’ argument in Nationwide Mutual Insurance Company v. Gum Tree Property Management LLC that misappropriation of a business’ proprietary information is akin to violation of a “person’s” privacy rights under a general commercial liability policy has immediate significance for policyholders who may face claims for misappropriation of trade secrets from business competitors, say Jo... (continued)

  • What To Expect From The Imminent EU Trade Secrets Law

    Warren Wayne

    In the coming weeks, the European Parliament will debate and pass a Europe-wide trade secrets directive that will significantly alter the European approach to protecting sensitive business information, and many organizations are already planning to exploit the opportunities it creates, say Warren Wayne and Rob Williams of Bird & Bird LLP.