Intellectual Property

  • July 28, 2015

    Google Urges 5th Circ. To Affirm Injunction Against Miss. AG

    Google Inc. filed a brief Monday seeking to persuade the Fifth Circuit to affirm an injunction blocking Mississippi Attorney General Jim Hood’s investigation into whether the company allows pirates to sell drugs and stolen movies through advertising and YouTube, saying the probe defies federal law and the Constitution.

  • July 28, 2015

    Glenmark Infringed Bayer’s Finacea Patent, Judge Rules

    A Delaware federal judge ruled Monday that Glenmark Pharmaceuticals Ltd. infringed a Bayer Healthcare Pharmaceuticals Inc. patent for its Finacea rosacea treatment, saying the Mumbai-based pharmaceutical company also failed to show the patent should be invalidated as obvious.

  • July 28, 2015

    Parrot Can't Avoid $1.7M Legal Bill In Drone IP Row

    A Pennsylvania federal judge awarded a Taiwanese drone marker $1.7 million in attorneys’ fees Tuesday in its suit accusing Parrot Inc. of infringing its patents for drones piloted via mobile apps, saying that the fees were appropriate considering the company spent much of last year resisting discovery efforts.

  • July 28, 2015

    PTAB Allows 2nd Shot At Intellectual Ventures AIA Review

    The Patent Trial and Appeal Board has decided not to rehear a decision instituting America Invents Act review of an Intellectual Ventures I LLC patent, even though the board denied review of the same patent last year, saying it has the discretion to make such rulings.

  • July 28, 2015

    'Original Patent Troll,' HTC Want Pause For Samsung Appeal

    Cascades Computer Innovation LLC, whose CEO was once described as "the original patent troll,” and HTC Corp. asked a judge Monday to put their patent dispute on hold until Cascade’s related case with Samsung Electronics Co Ltd. can be resolved.

  • July 28, 2015

    USPTO’s Battle Over 44-Year-Old Patent Exam Heads To Va.

    A Nevada federal judge on Tuesday said the court lacks jurisdiction in a suit brought by an inventor accusing the U.S. Patent and Trademark Office of sitting on his two patent applications for more than four decades and transferred the case to the Eastern District of Virginia.

  • July 28, 2015

    Prior Art Must Relate To Patent For Obviousness: Fed. Circ.

    The Federal Circuit found Tuesday that a Wisconsin federal judge wrongly overturned a $1.86 million patent jury verdict won by Circuit Check Inc. against rival QXQ Inc., ruling that the prior art he said rendered the patents obvious involved simple concepts unrelated to the invention.

  • July 28, 2015

    Warner Hits Back At 'Happy Birthday' Copyright Evidence

    A Warner Music Group Corp. unit told a California federal judge Tuesday that newly-uncovered evidence in a class action challenging its copyright on “Happy Birthday to You” does not warrant an award of summary judgment for the challengers, saying the documents don't necessarily prove the song had fallen into the public domain.

  • July 28, 2015

    TD Bank Scores Partial Win Over Ex-Commerce CEO’s Book

    A New Jersey federal judge on Monday handed TD Bank NA a partial win in its copyright infringement suit against Commerce Bancorp LLC founder Vernon Hill, saying Hill’s 2012 book lifted verbatim entire paragraphs from an earlier manuscript written by Hill, but owned by TD Bank.

  • July 28, 2015

    Patent Group Says Apple's $15M Fee Bid Not Justified

    Patent group Unwired Planet LLC told a California federal judge on Monday that there was nothing “exceptional” in its litigation against Apple Inc. that would justify the $15 million in attorneys' fees sought in a patent dispute over cellular and voice recognition patents.

  • July 28, 2015

    Apple, Facebook Say Alice Dooms Evo Intel Data Patents

    Apple Inc., Facebook Inc., Yelp Inc. and a host of other big-name tech companies urged a California federal judge Tuesday to throw out Evolutionary Intelligence LLC’s lawsuits accusing them of infringing two patents on data management, arguing that the patents are invalid under Alice.

  • July 28, 2015

    Pet 'Treat Cam' Patent Suit Rightly Tossed, Fed. Circ. Says

    The Federal Circuit ruled Tuesday that a lower court correctly dismissed Petzilla Inc.'s lawsuit that sought a ruling it didn't flout a patent belonging to Anser Innovation LLC, a fellow startup in the field of technology that lets people video-chat with their pets and electronically give them an edible treat.

  • July 28, 2015

    O'Bannon Tells 9th Circ. Not To Stop NCAA Antitrust Order

    College athletes told the Ninth Circuit on Monday not to delay a decision that allows them to be paid for the use of their names, images and likenesses, blasting the NCAA’s bid to stay the injunction as groundless and hyperbolic.

  • July 28, 2015

    Weil's Rising IP Star Moves To Durie Tangri

    Durie Tangri LLP has bolstered its intellectual property practice with a former Weil Gotshal & Manges LLP attorney who litigates high-stakes patent and technology disputes and made Law360’s Rising Star list of top IP lawyers under 40 earlier this year.

  • July 28, 2015

    Juniper Convinces PTAB To Nix 2 Brixham Network Patents

    The Patent Trial and Appeal Board on Monday upheld an America Invents Act challenge brought by Juniper Networks Inc. to two Brixham Solutions Ltd. patents covering network routing technology, finding they were proven obvious over prior art.

  • July 28, 2015

    Frito-Lay Can't Get Fed. Circ. To Rehear 'Pretzel Crisp' Row

    Ruling against PepsiCo.'s Frito-Lay Inc., the Federal Circuit said Tuesday that it wouldn't reconsider a May ruling that overturned a trademark office decision that declared Snyder's-Lance Inc.'s “Pretzel Crisps” trademark generic.

  • July 28, 2015

    Grocer Wants Michael Jordan Sanctioned In Publicity Suit

    Michael Jordan and his attorneys should be sanctioned in his right-of-publicity suit accusing a grocery chain of using his likeness in a magazine advertisement without permission, Jewel Food Stores Inc. told an Illinois federal judge Monday, arguing he has violated the court’s order to stop repeatedly asking for judgment.

  • July 27, 2015

    Microsoft Word Copy-Pastes WordPerfect's IP, Corel Says

    Microsoft Corp. was hit with a patent infringement suit accusing the tech giant of copying features from Corel Software LLC’s WordPerfect program and including them in its popular Microsoft Word product, according to a complaint filed in Utah federal court on Monday.

  • July 27, 2015

    Teva Tells Fed. Circ. AstraZeneca Suit Belongs In Delaware

    Generic drug-giant Teva Pharmaceuticals Inc. filed an amicus brief Thursday urging the Federal Circuit to keep a suit filed by AstraZeneca AB against generic drugmaker Mylan Pharmaceuticals Inc. over two versions of AstraZeneca diabetes drugs in Delaware, saying Mylan is subject to specific jurisdiction in that state for patent-infringement claims.

  • July 27, 2015

    ‘Walk Of Shame’ Copyright Row Nears End Of Line

    A California federal judge on Monday tentatively dismissed a screenwriter’s claims that actress Elizabeth Banks, her husband and six production companies stole the script for the film “Walk of Shame,” saying the similarities between the plaintiff’s script and the film were too general for a copyright claim.

Expert Analysis

  • Informing The Artisan: Reasonable Certainty In Patent Claims

    Neil Steinkamp

    By clarifying the standard against which patent definiteness is evaluated, the U.S. Supreme Court in Nautilus has articulated the role of reasonable certainty in patent claim construction. While there is no bright-line test to define reasonable certainty, the concept of reasonableness itself is well accepted as the basis of the common law system, say Neil Steinkamp and Robert Levine of Stout Risius Ross Inc.

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.

  • Amgen, Sandoz Both Winners And Losers At Federal Circuit

    Paul A. Calvo, Ph.D.

    The lack of unanimity, combined with the exceptional importance of this decision to the biopharmaceutical industry suggests that one or both litigants may seek en banc rehearing, say Dr. Paul Calvo and Timothy Shea Jr. of Sterne Kessler Goldstein & Fox PLLC.

  • Inter Partes Review — Not Just An Anti-Troll Proceeding

    Matt Cutler

    The success of inter partes review is leading companies to leverage the proceedings beyond merely a defense to a patent infringement lawsuit. IPR is being used to open up new markets well before litigation ever starts, says Matt Cutler of Harness Dickey & Pierce PLC.

  • Procuring Personalized Medicine Patents In US Vs. Europe

    Gabriela Coman

    In the United States, many patent claims related to personalized medicine are being challenged based on patentable subject matter, whereas in Europe, most claims are questioned based on novelty and inventive step, says Gabriela Coman of Dickstein Shapiro LLP.

  • Reading Between The 'Blurred Lines': Copyright Takeaways

    Mark D. Passin

    Attorneys representing clients with musical compositions originally registered with the Copyright Office under the 1909 Copyright Act may want to consider taking steps to help their clients avoid the same disadvantages that Marvin Gaye's heirs faced in the "Blurred Lines" case, say attorneys with Robins Kaplan LLP.

  • Reflections On The Goldman IP Theft Saga

    R. Mark Halligan

    The failed prosecutions of former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov in both federal and state court should be a wake-up call to Congress and state legislatures that statutes passed years ago when trade secrets were kept in a locked file drawer are no longer well suited for the cyberworld of the 21st century, says Mark Halligan of FisherBroyles LLP.

  • Inside FDA Regulation Of Antibody Drug Conjugates

    Charles E. Lyon

    Understanding how the U.S. Federal Drug Administration regulates antibody drug conjugates and how regulatory data exclusivity will likely be awarded for different types of ADCs is of critical importance to life science companies that are developing these new types of innovative and targeted biopharmaceuticals, say Charles Lyon and Robert Sahr at Choate Hall & Stewart LLP.

  • Recent Decisions Shed Some Light On Scope Of AIA Estoppel

    Barbara McCurdy

    The high success rate for petitioners in inter partes reviews has lessened would-be petitioners’ concerns about the risks of estoppel. There also has been some clarity from the Patent Trial and Appeal Board and the district courts about the scope of the America Invents Act estoppel provisions, which provides some good news for petitioners, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 2nd Circ. Set To Weigh In On CFAA Circuit Split

    Daniel Winston

    The Second Circuit is now left to decide whether to affirm a New York district court’s broad interpretation of the Computer Fraud and Abuse Act, or to join the Fourth and Ninth Circuits — the two most recent circuits to address the issue — in the narrow reading of the CFAA that requires actual hacking, say Daniel Winston and Anita Spieth of Choate Hall & Stewart LLP.