Intellectual Property

  • July 21, 2014

    No Easy Answer On Performance Rights For Pre-'72 Records

    Digital radio services Sirius XM and Pandora are duking it out with musical artists and the record labels in courts across the country over whether or not they need to pay to play sound recordings from prior to 1972. Experts say that's an extremely tough question — with no easy answers.

  • July 21, 2014

    Novus Wants Rival Sanctioned In Sex Enhancer Rip-Off Row

    Health supplement supplier Novus Optimum Labs asked a California federal judge on Monday to sanction a rival company Novus says infringed trademarks and stole trade secrets related to its products, including penis-enhancement and vagina-tightening formulas, saying the defendants didn't cooperate with discovery demands.

  • July 21, 2014

    Braintree Says Suprep Case Doesn't Upend Drug Patent Law

    Braintree Laboratories Inc. has urged the full Federal Circuit to reject Novel Laboratories Inc.'s argument that a panel decision in the companies' patent dispute over the colon cleanser Suprep flouted drug patent law by holding that an unapproved use for a generic drug can infringe a patent.

  • July 21, 2014

    3rd Circ. Revives Suit Over Heinz 'Dip & Squeeze' Packet

    A Third Circuit panel on Monday revived an inventor's claims that H.J. Heinz Co. stole the idea for its Dip & Squeeze packets from him, ruling that a Pennsylvania judge should not have considered the inventor’s patent when dismissing his contract claims.

  • July 21, 2014

    Apple Ruling Makes Protecting Retail Layouts Easier In EU

    A recent ruling by the European Union's highest court affirming Apple Inc.'s right to trademark the layout of its stores extends the scope of Europe's intellectual property protections and should make it far easier for other retailers, restaurants and hotels to protect the interior designs of their businesses, attorneys say.

  • July 21, 2014

    Feds Seek 41-Month Sentence For Boeing Subcontractor

    The federal government recommended a 41-month sentence for a Boeing Co. subcontractor's technical writer, who, after being fired, blackmailed his company Corsair Engineering by threatening to sell proprietary drone manuals to foreign powers.

  • July 21, 2014

    Inventor Asks High Court To Clarify JMOL Requirements

    A laser saw inventor recently urged the U.S. Supreme Court to review the Federal Circuit's nixing of a jury's verdict of noninfringement, saying the panel erred in ruling his legal issues weren't preserved for appeal because he failed to file a judgment as a matter of law motion.

  • July 21, 2014

    Apple Points Judge To Fed. Circ. Ruling In Patent Suit

    Apple Inc. told a California federal court Monday that a patent at issue in a Chinese inventor's infringement suit over software protection technology was recently found invalid by the Federal Circuit, a ruling that ended similar infringement suits against Google Inc. and technology companies.

  • July 21, 2014

    Canada Blasts Lilly's $500M Patent Law Challenge

    The Canadian government has urged a North American Free Trade Agreement panel to toss Eli Lilly & Co.'s $500 million suit claiming that Canadian patent laws unfairly discriminate against pharmaceutical companies, saying the suit improperly aims to create a "supranational court of appeal."

  • July 21, 2014

    Satellite Maker Fights Injunction After $283M Jury Verdict

    Satellite company Space Systems/Loral LLC attacked a motion for permanent injunction filed by ViaSat Inc., saying the company that won a $283 million jury verdict for patent infringement in April hadn’t established a record showing it fit the bill for injunctive relief, according to a response filed Friday in California federal court.

  • July 21, 2014

    Gilead Hits Lupin With Patent Suit Over HIV Drug Atripla

    Gilead Sciences Inc. has sued Lupin Ltd. in New York federal court, claiming the generic-drug maker infringed two patents covering its drug Atripla, a medication used to treat HIV patients.

  • July 21, 2014

    Power Integrations Defends $105M Patent Win Over Fairchild

    Power Integrations Inc. urged a California federal judge on Friday to preserve a $105 million jury verdict against Fairchild Semiconductor International Inc. for allegedly infringing two Power Integrations power-supply patents, saying the jury decision didn't result in an impermissible double recovery.

  • July 21, 2014

    Apotex 'Thumbing Its Nose' At Paxil Bar, Mylan Says

    Generic-drug maker Mylan Inc. has alleged that rival Apotex Inc. continues to sell generic Paxil CR in violation of Mylan’s exclusivity agreement with GlaxoSmithKline PLC, despite a New Jersey federal judge’s order five days ago barring GSK from supplying Apotex with the drug.

  • July 21, 2014

    Sidley's Blown Deadline Dooms AT&T Appeal, Fed. Circ. Told

    AT&T Inc. should be barred from appealing a $40 million patent verdict against it because its attorneys from Sidley Austin LLP missed the appellate deadline, plaintiff Two-Way Media LLC has told the Federal Circuit, disputing AT&T's claim that it was misled by the lower court.

  • July 21, 2014

    Toshiba Wants $1.1B In Trade Secrets Suit, SK Hynix Says

    Toshiba Corp. is seeking 109.15 billion yen ($1.08 billion) in damages in a trade secrets suit accusing South Korean semiconductor company SK Hynix Inc. of stealing information related to flash memory technology, according to a regulatory filing submitted by SK Hynix on Monday.

  • July 21, 2014

    Chicago Cubs Sue Over Brawling Knockoff Mascots

    The Chicago Cubs lodged a trademark infringement lawsuit late Friday against a group of unauthorized Cub mascots who the ball club says have been “lurking” around Wrigley Field, hustling fans for money and even getting into ugly bar brawls.

  • July 21, 2014

    Loss Adjusting Co. Sues Former Exec For Jumping Ship

    Loss adjusting and claim management company Cunningham Lindsey U.S. Inc. sued a former executive and his new employer Vericlaim Inc. in Pennsylvania federal court Friday, accusing them of stealing its entire international executive loss adjusting department in its Camp Hill office.

  • July 21, 2014

    Steptoe Expands NY Office With Ex-Mayer Brown IP Litigator

    International law firm Steptoe & Johnson LLP has lured a highly regarded patent litigator from Mayer Brown LLP as partner to expand its intellectual property practice in New York, the firm has announced.

  • July 18, 2014

    ABA Sections Urge More Work On China's IP Competition Rules

    The antitrust, intellectual property and international law sections of the American Bar Association have weighed in on a new draft of IP rules issued by a Chinese competition agency, saying last week that while the latest draft correctly eliminates certain presumptions about anti-competitive conduct, it still needs tweaking.

  • July 18, 2014

    Sony, Warner Get Amway 'Copyright Ambush' Suit Trimmed

    A Florida federal judge on Friday threw out Amway Corp.'s claims that Sony Music Entertainment and Warner Music Group Corp. conspired to interfere with UMG Recordings Inc.'s agreement to notify Amway of any copyright violations by Amway distributors, finding Sony and Warner were part of that agreement.

Expert Analysis

  • 9 Common Pitfalls With Post-Grant Proceedings

    Timothy Riffe

    While the Patent Trial and Appeal Board promulgated a series of extensive rules to govern post-grant practice, not all “rules” are published. Those unpublished “rules” have developed over more than a year of PTAB practice and aid in the efficient resolution of post-grant proceedings, say attorneys with Fish & Richardson PC.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Attorney-Client Privilege And Communications In Japan

    Miku Mehta

    Due to the increase in cross-border transactions and the explosion of patent lawsuits in the U.S. against non-U.S. companies, the availability of the attorney-client privilege to protect communications between companies and their lawyers has gained importance. Consider communications with Japan's benrishi and bengoshi, say Robert Sloss and Miku Mehta of Procopio Cory Hargreaves & Savitch LLP.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • 6 Consumer Survey Criticisms For Lanham Act Litigators

    Michael Keyes

    Lanham Act litigators and their experts must keep apace of the aspects of consumer surveys that have received the most attention in federal courts as of late, says Michael Keyes of K&L Gates LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • Reasonable Royalty Damages: What Are We Proving And How?

    Barry Ungar

    If the courts simply focus on the proper determination of the base and rate in reasonable royalty cases, keeping in mind the problem that apportionment is intended to solve, balanced by the need to enable patentees to have some reasonable method to prove damages, applying the Entire Market Value Rule usually will be unnecessary, says Barry Ungar, chief litigation counsel at Rembrandt IP Management LLC.

  • Cyberespionage And Civil Suits

    James Dowd

    Although existing laws support a civil suit against a foreign competitor who misuses trade secrets stolen by its government, each currently available remedy has its own shortcomings. The Defend Trade Secrets Act of 2014 and the Future of American Innovation and Research Act of 2013, if adopted, would provide superior remedies, say attorneys with WilmerHale.

  • Pitfalls Of Intent-To-Use Trademark Applications

    Bobby Ghajar

    Companies acquiring trademarks in mergers and acquisitions must beware of potential problems — such as improper assignments — lurking with "intent-to-use" trademark applications, or applications which started as ITU applications, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Pimp That, Er, Shirt? Not So Fast

    Scott J. Slavick

    Countering a complaint filed recently in the Eastern District of Wisconsin, Urban Outfitters cites 17 defenses of infringement claims by Harley-Davidson. Three are intriguing, says Scott Slavick of Brinks Gilson & Lione.