Intellectual Property

  • February 9, 2016

    PTAB Rightly Nixed Claims In Bosch Patent, Fed. Circ. Hears

    The Patent Trial and Appeal Board’s analysis of a Bosch Automotive tire monitoring system patent was sound, the patent office said Monday, urging the Federal Circuit to affirm a decision that several claims were unpatentable.

  • February 9, 2016

    Exxon, BP End 80-Year Squabble Over ‘Esso’ Name

    A Missouri federal judge on Monday signed off an agreement between energy giants ExxonMobil Corp. and BP PLC that would allow Exxon to again use the “Esso” gas station trademark in the 15 states where it was barred by a Depression-era injunction.

  • February 9, 2016

    FDA Panel OKs Celltrion Biosimilar Of Janssen's Remicade

    After a grueling debate, an independent panel on Tuesday advised the U.S. Food and Drug Administration to approve Celltrion’s copy of Janssen Biotech’s blockbuster immunosuppressant Remicade, the latest step forward for the emerging biosimilars industry.

  • February 9, 2016

    Apple Can't Jump Into VirnetX Patent Reviews, PTAB Told

    VirnetX asked the Patent Trial and Appeal Board to rethink letting Apple join a hedge fund's challenge of two patents the tech giant has repeatedly attacked, saying Monday that the serial challenges and a statutory time limit bar the move.

  • February 9, 2016

    Bid For Info On Suboxone Resales Is Premature, Judge Says

    A Pennsylvania federal judge Monday ruled that direct purchasers of Suboxone who accuse manufacturer Indivior of engaging in a product-hopping scheme to stifle generic competition of the opiate addiction treatment need not turn over information about resales of the drug until a decision on the issue is reached.

  • February 9, 2016

    Fed. Circ. Backs Gilstrap's Nix Of Sales Patents Under Alice

    The Federal Circuit on Tuesday upheld U.S. District Judge Rodney Gilstrap's conclusion that patent-holding company Clear With Computers LLC's sales software patents were directed toward an abstract idea under the framework established by the U.S. Supreme Court’s Alice ruling.

  • February 9, 2016

    LG, Hulu Tell PTAB Fed Circ. Erred In Reviving Network IP

    LG, Hulu and others urged Patent Trial and Appeals Board judges at a Tuesday hearing to again invalidate a networking patent asserted by Straight Path IP Group, arguing the patent is still precluded by prior art even though the Federal Circuit revived it.

  • February 9, 2016

    Ex-Mintz Levin Atty Says TV Station's Video Defamed Him

    A former Mintz Levin Cohn Ferris Glovsky & Popeo PC patent attorney sanctioned in New York in September for “bullying” opposing counsel and others in court has filed a defamation lawsuit against a West Virginia television station over video footage it aired of an altercation between him and a local reporter.

  • February 9, 2016

    Fed. Circ. Snaps Shut Image Processing Patent Row

    The Federal Circuit on Tuesday declined to revive an infringement suit against Hewlett-Packard Co. over its cameras, scanners and printers, affirming a lower court's determination that HP was covered by a separate license involving Microsoft.

  • February 9, 2016

    Warner Pays $14 Million In 'Happy Birthday' Settlement

    Warner/Chappell Music Inc. on Tuesday disclosed the terms of its settlement to end class action litigation over its claim of ownership of "Happy Birthday to You" — an agreement that will include a $14 million payment and an acknowledgment from all parties that the song is in the public domain.

  • February 9, 2016

    Patent Suit Flood Pressuring East Texas Bench, Chief Says

    The record number of patent suits filed in the Eastern District of Texas has created an intense workload that is putting the squeeze on the judges, the court’s chief judge told Law360 in an interview.

  • February 9, 2016

    'Perfect Storm' Leads To Record Number Of EDTX Patent Suits

    Long a patent hot spot, the Eastern District of Texas exploded in popularity last year as the number of patent suits filed there shot up 77 percent over 2014, an increase attorneys attribute to several factors, particularly the low rate at which judges in the district invalidate patents under Alice.

  • February 9, 2016

    4 Frequent Filers Of IP Suits To Watch This Year

    Law360’s list of the most frequent filers of patent litigation in 2015 includes well-known repeat plaintiffs as well as cryptically named new arrivals that came out swinging over just a few short months. Here, Law360 looks at four firms behind those aggressive patent litigation campaigns and examines the battles they’re primed to fight in the new year.

  • February 9, 2016

    How 2015’s Crush Of Patent Lawsuits Kept IP Attys Busy

    The number of new patent complaints increased by nearly 15 percent in 2015 over the year before, and intellectual property attorneys say they are being pushed to take on more work as law firms stretch their resources to adapt to the influx of litigation.

  • February 9, 2016

    Obama Budget Calls For $3.32B In USPTO Funding

    The U.S. Patent and Trademark Office would receive $3.32 billion in funding next year, a slight increase of $49 million, or 1.5 percent, from the current fiscal year, under the 2017 spending plan unveiled Tuesday by President Barack Obama.

  • February 9, 2016

    Newegg Loses Fed. Circ. Bid For Attys' Fees In Patent Case

    The Federal Circuit on Tuesday rejected online electronics vendor Newegg’s bid to extract attorney fees from MacroSolve Inc. after the retailer alleged that the patent holding company filed an infringement suit in bad faith.

  • February 9, 2016

    Disney Gets 'Iron Man' Armor Case Tossed

    A Massachusetts federal judge tossed out on Tuesday a lawsuit claiming Walt Disney's Marvel Comics stole the futuristic suit of armor seen in the blockbuster “Iron Man” movies from two ex-Marvel artists, saying she had no jurisdiction to hear the case.

  • February 9, 2016

    Shkreli Hit With Copyright Suit Over Wu-Tang Album Art

    Indicted pharmaceutical exec Martin Shkreli was hit with a copyright infringement lawsuit in Manhattan federal court Tuesday over illustrations contained in his $2 million one-of-a-kind Wu-Tang Clan album.

  • February 9, 2016

    Aircraft Foundation Accuses Founder Of Hijacking Trade Show

    A personal aviation advocacy group pushed for a California federal judge to halt its former president’s alleged theft of its property and use of its trademarks in a rival trade show, saying Friday he tried to usurp it with a new foundation shortly after their relationship soured.

  • February 9, 2016

    Fanelli Haag Adds IP Partner From Kenyon & Kenyon

    Washington, D.C.-based Fanelli Haag PLLC said Friday that it has bolstered its ranks with the addition of a life sciences intellectual property attorney who was formerly with Kenyon & Kenyon LLP.

Expert Analysis

  • Another Settled Google AdWords Trademark Case

    Sofia Jeong

    Given the trajectory of Google AdWords cases between brand owners and in light of the quick voluntary dismissal of Sazerac Brands, it is very likely that courts will see fewer keyword advertising disputes this year, says Sofia Jeong of Troutman Sanders LLP.

  • Mass. High Court Provides Guidance On Patent Malpractice


    Maling v. Finnegan is not the first case to address subject matter conflicts in the patent context, but in Maling the Massachusetts Supreme Court seized an opportunity to address straight-on the issue of subject matter conflicts, among other things, by taking the case sua sponte on direct appeal and by inviting amicus briefing, say attorneys with Morgan Lewis & Bockius LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • The Calm Before The Storm: Responding To An ITC Complaint

    Adkins, Steven, steptoe.jpg

    When a Section 337 complaint is filed with the U.S. International Trade Commission, the ITC has 30 days to evaluate the complaint before starting an investigation. A company sued at the ITC should make maximum use of this period, as once the investigation starts it proceeds at a much quicker pace than most U.S. court proceedings, say Steven Adkins and Matthew Bathon at Steptoe & Johnson LLP.

  • Patent Venue Wars: Episode 5 — 5th Circ.

    Robert M. Isackson

    Despite the relatively low success rate for venue transfer motions in the Fifth Circuit, where plausible, it generally appears worth the effort to pursue transfer, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • What The Court Got Wrong About Hatch-Waxman In Alcon

    Brian D. Coggio

    The New Jersey federal court's recent decision in Alcon v. Akorn disregards the very purpose of the 30-month stay of U.S. Food and Drug Administration approval as apparent from the legislative history of the Hatch-Waxman Act, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Civil Litigation Outlook For 2016


    There are several significant civil litigation trends emerging in 2016, including burgeoning antitrust litigation at the U.S. Department of Justice, growth in securities and consumer class actions, the changes to Federal Rule of Civil Procedure 26(b) and the potential for marked increases in patent litigation, says Reid Schar at Jenner & Block LLP.

  • What Every GC Needs To Know About Mobile Apps

    Mitzi L. Hill

    With many businesses delving into the world of app development, general counsels should be aware of several broad sets of issues, including rules of development and distribution, intellectual property and privacy considerations, and the differences between rules for U.S. and global audiences, says Mitzi Hill, leader of Taylor English Duma LLP's data security and privacy practice.

  • De Facto Patent Reform In The Eastern District Of Texas

    Lionel M. Lavenue

    Although Congress has not changed the patent laws recently, things are definitely changing in the Eastern District of Texas, with movement in Section 101 challenges and attorneys' fees, and on stays pending validity challenges at the Patent Trial and Appeal Board, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Opening Pandora’s Trademark Box Resets Disparagement Bar

    Elizabeth H. Cohen

    It is not only high-profile marks and disputes that are affected by the Federal Circuit’s recent invalidation of the disparagement bar in the Tam case. Indeed, trademark practitioners frequently encounter the provision as an obstacle to registration. In the last decade, the disparagement bar became an increasingly frequent ground for refusal, say Elizabeth Cohen and Thorne Maginnis of Arent Fox LLP.