Intellectual Property

  • July 25, 2014

    Kia Slams Keyless Inventor Over Duplicative IP Suits

    Kia Motors America Inc. on Thursday urged an Illinois federal judge to ban the inventor of a keyless ignition system from bringing duplicative patent infringement claims against the automaker, saying he has filed identical suits in numerous courts as part of a "piecemeal and abusive" litigation strategy.

  • July 25, 2014

    SeaWorld Settles 'Aquatica' TM Claims With Swimwear Co.

    SeaWorld Entertainment Inc. and Spiraledge Inc. have settled a trademark infringement lawsuit the swimwear company brought against the theme park operator over its use of the mark Aquatica, according to a notice filed in a California federal court.

  • July 25, 2014

    H&M, Aeropostale Settle Suit Over 'Live Love Dream' Mark

    A New York federal judge on Friday signed off on a settlement to end Aeropostale Inc.'s lawsuit claiming H&M Hennes & Mauritz AB stole the trademark-protected phrase "Live Love Dream" from its retail rival.

  • July 25, 2014

    Bass Berry Snags IP Pro From Milbank For DC Office

    Bass Berry & Sims PLC has expanded its 2-year-old Washington, D.C., office by luring a former Milbank Tweed Hadley & McCloy LLP intellectual property attorney and two associates with backgrounds in government contracts and investigation matters, the firm announced Thursday.

  • July 24, 2014

    Vimeo Urges 2nd Circ. To Reverse Judge's DMCA Rulings

    Video-sharing service Vimeo LLC has warned the Second Circuit that a New York federal judge's recent interpretations of the Digital Millennium Copyright Act in its row with music publishers and record companies could burden online service providers with massive liability over their users' actions.

  • July 24, 2014

    GoDaddy Users' Domain Names Ruled Too Close To Oscars Marks

    The Academy of Motion Picture Arts & Sciences, which presides over the yearly film awards known as the Oscars, won a bid on Thursday to have 88 Web domain names registered to users of GoDaddy Inc. declared confusingly similar to its own trademarks, according to an order filed in California federal court.

  • July 24, 2014

    Fox, NBC, FilmOn Drop 9th Circ. Appeals After Aereo Ruling

    Fox Television Stations Inc. and NBCUniversal Media LLC agreed Thursday with FilmOn X LLC to drop Ninth Circuit appeals over whether streaming television content over the Internet constitutes a "public performance" of networks' copyrighted works after the U.S. Supreme Court settled the issue in its recent Aereo Inc. ruling.

  • July 24, 2014

    Stryker Can't Ax Counterclaims In Customer Sabotage Row

    A Michigan federal judge shot down Stryker Corp.'s attempt to nix an ex-employee's counterclaims concerning a noncompete agreement in a suit over an alleged scheme to harm the company's relationships with customers, finding Thursday that the allegations were not a “mirror image” of the company’s own breach of contract claim.

  • July 24, 2014

    TSMC Must Detail Trade Secrets In Fraud Claim Against Tela

    Taiwan Semiconductor Manufacturing Co. Ltd. must add specific details about the trade secrets Tela Innovations allegedly misappropriated for its own patent applications in order for TSMC’s fraud claim to survive, a California federal judge ruled Thursday.

  • July 24, 2014

    NCAA, EA Win OK For $60M College Athlete Class Deals

    A California federal judge indicated on Thursday that she will preliminarily approve $60 million in settlements in college athletes' cases accusing the National Collegiate Athletic Association and Electronic Arts Inc. of improperly using their likenesses in video games, but sidelined the NCAA's effort to include antitrust claims in the release.

  • July 24, 2014

    DOJ Pushes Congress To Make Illegal Streaming A Felony

    The U.S. Department of Justice repeated on Thursday previous administration requests that lawmakers push illegal online streaming of copyrighted content from a misdemeanor to a felony — notably, a provision that was part of the highly controversial and unsuccessful Stop Online Piracy Act.

  • July 24, 2014

    Big Statutory Fines Kill Innovation, Help Trolls: Tech Cos.

    The tech industry's lobbying group told a congressional panel Thursday that steep statutory damages available under copyright law were chilling innovation and empowering so-called copyright trolls.

  • July 24, 2014

    Biosimilars Clarity Coming As FDA Eyes Sandoz Application

    The U.S. Food and Drug Administration's acceptance of a biosimilar application from Novartis AG unit Sandoz Inc. is a landmark event that should finally lead to answers about how the copycat products will be named and deemed interchangeable with their branded counterparts, experts say.

  • July 24, 2014

    Hyundai, Kia Can't Add Defenses In Hybrid IP Row

    A Maryland federal judge on Thursday denied Hyundai Motor Co. and Kia Motors Corp.’s bid to amend their contentions of patent invalidity in a suit accusing the automakers of ripping off hybrid vehicle technology, saying the companies should have included their indefiniteness defense in their original filing.

  • July 24, 2014

    FDA Gives Equivalent Rating To Perrigo's Testosterone Gel

    The U.S. Food and Drug Administration on Thursday granted Perrigo Co. an AB therapeutic equivalent rating for its testosterone gel, concluding that the generics maker's product is therapeutically equivalent to AbbVie's AndroGel and effectively mooting a suit by Perrigo seeking such a determination.

  • July 24, 2014

    Twitter, Yahoo Lead MDL Fee Fight Against Patent Cos.

    Twitter Inc., Yahoo Inc. and a slew of other defendants in multidistrict litigation over patents being asserted by two patent-holding companies asked an Illinois federal court to declare the case “exceptional” in a bid to shift the suit’s fees, saying the patent holders triggered costly and unnecessary litigation.

  • July 24, 2014

    McDonald's Triumphs Over Fuel Provider In Trademark Row

    An individual hoping to trademark “BioMcDiesel” has been shot down by the Trademark Trial and Appeal Board, which ruled that people would likely confuse the proposed biofuel mark with McDonald Corp.’s family of “Mc” trademarks.

  • July 24, 2014

    Fed. Circ. Says ITC Can Decline Nokia Infringement Argument

    The Federal Circuit ruled Thursday that the U.S. International Trade Commission does not have to let Nokia Inc. present an argument that it didn't infringe patented wireless technology, despite a previous order that a dissenting justice says obligates the commission to hear Nokia's contention.

  • July 24, 2014

    Janssen Hits Mylan With Generic Prezista Patent Suit

    Janssen Products LP on Wednesday hit generic-drug maker Mylan Pharmaceuticals Inc. with a lawsuit in New Jersey federal court over Mylan’s plans to make and market its generic versions of the HIV medication Prezista.

  • July 24, 2014

    Mt. Gox Parent Blocked From Auctioning Domain

    A federal judge in Seattle has temporarily stopped the parent of bankrupt bitcoin exchange Mt. Gox from auctioning off the domain name, finding that letting the sale proceed would hinder her ability to award potential damages in a $75 million contract suit against the company over licensing its intellectual property.

Expert Analysis

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • A Brief History Of Unreasonable Royalties

    Daniel Brean

    A fresh reading of Section 284 of the 1952 Patent Act would reaffirm its compensatory nature and discard artificial legal constructs — like that in Georgia-Pacific Corp. v. United States Plywood Corp. — that restrict the plain meaning of the term “reasonable royalty,” says Daniel Brean of The Webb Law Firm PC.

  • Keys To IP Collaborations With Universities: Part 1

    Lance Anderson

    Despite the benefits of working with academia, there remain significant distinctions in the core missions between research institutions and for-profit companies. Without understanding these distinctions, for-profit companies often run the risk of frustrating relationships, or worse, compromising their own intellectual property positions, say attorneys with Greenberg Traurig LLP.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • A Framework For Drafting Global Patent Applications

    Stephen Keefe

    Putting market strength and patent strength on a sliding scale, and using strength in one area to prop up weakness in the other area, the two criteria can form a framework to help optimize globally oriented patent drafting, says Stephen Keefe of Rabin & Berdo PC.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Can A Domain Name Trump Trademark Rights?

    Roberta Horton

    Courts seemingly have not faced a domain name registrant’s claims to enjoin use of a subsequently adopted trademark. Yet, there is hope for the registrant. By using the name prominently to distinguish goods and services, and seeking federal registration, the domain name holder should make a good case for prevailing in a dispute with a junior trademark user, say attorneys with Arnold & Porter LLP.

  • 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.