Intellectual Property

  • December 9, 2016

    Fuel Co. Says Biz Partner Stole Info To Score GM Contract

    A company awarded a special designation by General Motors Inc. for the conversion of vehicles to run on alternative fuels breached a contract by accepting the title on its own instead of alongside a joint venture partner, according to a complaint the partner filed Thursday in Indiana federal court.

  • December 9, 2016

    Ford Patent Approvals Top Auto Industry In 2016

    The number of patents granted for Ford Motor Co. employees by the U.S. Patent and Trademark Office outpaced all other major automakers in 2016 and jumped 25 percent from the previous year, the automaker said Friday in a statement.

  • December 9, 2016

    Publisher Accused Of Stealing Harley Davidson Magazine Idea

    The publisher of an online and print magazine devoted to Harley Davidson motorcycles was hit Thursday with a $1 million trademark infringement suit in Florida federal court by the company of a former business partner, claiming the magazine idea and trademarks were stolen after the two developed the creative material.

  • December 9, 2016

    AT&T Hit With Patent Suit Over Data-Throttling Servers

    An intellectual property firm has accused AT&T in Texas federal court of willfully violating a 2000 patent for network servers that clamp down on inappropriate file sharing.

  • December 8, 2016

    Fed. Circ. Upholds Toss Of Plastic-Product Packaging IP

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision finding all claims in a CSP Technologies Inc. patent involving the packaging of plastic products, which it asserted over another company's use in the packaging of medical diagnostic test strips, were anticipated and obvious.

  • December 8, 2016

    Fed Circ. Could Make Claim Amendment In AIA Reviews Easier

    One of the more contentious topics in patent law of late will be in front of the Federal Circuit on Friday when the full court hears arguments involving an Aqua Products pool cleaner patent, which the company previously asserted in litigation, that could make it easier for patent owners to amend their claims in America Invents Act reviews.

  • December 8, 2016

    PTAB Sanctions Atlanta Gas For Not Updating Case Info

    The Patent Trial and Appeal Board has refused to revisit its decision invalidating eight claims in a patent challenged by the Atlanta Gas Light Co., but it said the company can’t escape a sanctions bid because it wasn’t vigilant about updating party information in the suit.

  • December 8, 2016

    Photographer Drops Suit Against Trump Over Skittles Image

    The photographer who accused President-elect Donald J. Trump's campaign of copyright infringement after his son's infamous use of an image of a bowl of Skittles is dropping the suit after the matter was “amicably resolved,” his attorney told Law360 on Thursday.

  • December 8, 2016

    Vehicle Customizer Ends TM Bullying Suit Against Chrysler

    Vehicle customization company Moab Industries LLC on Wednesday agreed to end its trademark lawsuit against Fiat Chrysler in Arizona federal court, dismissing claims that the automaker sought to put the company out of business to obtain certain Moab trademarks.

  • December 8, 2016

    USPTO Refuses Las Vegas 'Golden Knights' TM Application

    The U.S. Patent and Trademark Office refused an application by the National Hockey League’s Las Vegas expansion franchise for a trademark for the nickname Las Vegas Golden Knights, citing a “likelihood of confusion” with the registration for the Golden Knights of The College of Saint Rose.

  • December 8, 2016

    3rd Circ. Won't Revive Usher 'Bad Girl' Copyright Row

    The Third Circuit refused to revive a songwriter’s battle over pop artist Usher’s track “Bad Girl,” on Thursday affirming the trial court’s finding that the bard couldn’t sue for infringement because he shared the copyright with the defendants.

  • December 8, 2016

    Atty DQ Sought In Medical Supplier Trademark Row

    Medical supplier Eclipse Aesthetics LLC told a Texas federal judge on Wednesday that counsel for RegenLab USA LLC in the rival companies' trademark dispute must be disqualified for his attempts to pressure Eclipse's key witness to “change sides.”

  • December 8, 2016

    US Reps Urge Canada To Let Canadian Ads Into Super Bowl

    Four U.S. Congress members on Thursday joined the National Football League and Canadian broadcasters in urging Canadian broadcast regulators to reverse themselves and allow Canadian advertisements to play in the nation's broadcast of the 2017 Super Bowl.

  • December 8, 2016

    TV Control Patent Claims Tossed Under Alice

    An Illinois federal judge killed an infringement suit brought by the holder of a patent for a television accessory containing shortcuts to favorite channels Tuesday, finding the patent didn’t meet the U.S. Supreme Court’s Alice standard as an inventive concept.

  • December 8, 2016

    Fed. Circ. Upholds PTAB Ruling To Nix Prison Phone Patents

    The Federal Circuit on Thursday affirmed two Patent Trial and Appeal Board decisions that invalidated because of obviousness the asserted claims of two Securus Technologies Inc. patents related to prison phone systems.

  • December 8, 2016

    Gillette, Schick-Maker Settle Mach3 Razor False Ad, IP Row

    The Gillette Company LLP and the maker of Schick razors, Edgewell Personal Care Co., have settled an infringement and false advertising suit over Edgewell’s shaving products that allegedly hurt sales of Gillette’s Mach3 razors, according to documents filed in New York federal court.

  • December 8, 2016

    SanDisk Hit With Patent Suit Over Flash Memory Tech

    Memory Technologies LLC has sued SanDisk LLC and its parent company, Western Digital Corp., in California federal court, alleging SanDisk's memory card technology infringes on eight Memory Technologies patents.

  • December 8, 2016

    Lawmakers Unveil 1st Policy Proposal of Copyright Review

    House Judiciary Committee Chairman Bob Goodlatte, R-Va., and Ranking Member John Conyers Jr., D-Mich., unveiled the first policy proposal to emerge from the committee’s yearslong review of U.S. copyright law Thursday, which they said will modernize the U.S. Copyright Office and equip it to deal with the challenges of the 21st century.

  • December 8, 2016

    Fed. Circ. Affirms Ax Of Patents OK'd Under New Alice Rules

    The Federal Circuit on Thursday affirmed an Ohio federal court’s order that the asserted claims of five vehicle-tracking patents are invalid under Alice, even though four of the patents were issued under new guidelines for applying the landmark U.S. Supreme Court decision.

  • December 8, 2016

    IP MVP: Paul Hastings' Joseph O'Malley

    Joseph O'Malley of Paul Hastings LLP secured a victory for Helsinn Healthcare SA in a patent suit against Teva Pharmaceuticals USA Inc. that established groundbreaking precedent on the on-sale bar rule under the America Invents Act, earning him a spot on Law360’s list of IP MVPs.

Expert Analysis

  • Fallout From DOD Stance On Waste, Fraud And Abuse Tips

    Dismas Locaria

    The U.S. Department of Defense recently issued a class deviation to the Federal Acquisition Regulation that bars the awarding of contracts to contractors that prohibit their employees from reporting waste, fraud and abuse to federal officials. The new rule could increase contractor liability and create tricky situations with respect to business-sensitive or trade secret information, say Dismas Locaria and Melanie Jones Totman of Venable LLP.

  • Is Automotive Innovation Driving Legal Issues Around IP?

    Matthew Luby

    In an environment of constant innovation, it is important for auto companies to ensure the right resources, intellectual property information and strategic partnerships are in place. However, it is the job of law firms to educate companies about the new legal issues that accompany the changing IP landscape, says Matthew Luby of CPA Global.

  • A Banner Year For Monetary Awards Standards In IP Cases

    Ann G. Fort

    It has been an important year for all types of intellectual property cases, and particularly for standards relating to monetary awards for enhanced damages and attorney’s fees. Attorneys with Sutherland Asbill & Brennan LLP share a snapshot of leading case law and statutory developments in 2016 governing monetary awards.

  • Offshore Patent Transfer Payments Draw IRS, Court Scrutiny

    Vikram Iyengar

    Tax inversions and the offshoring of intellectual property by U.S. companies grew from an arcane tax law subject to a popular election year issue this autumn. Transfer pricing is a significant area of scrutiny for the IRS, and recent Federal Circuit case law has resulted in dramatically reduced damages for infringement of offshored patents, say Vikram Iyengar and Charlene Morrow of Fenwick & West LLP.

  • Lexmark Could Profoundly Impact Patent Exhaustion

    N. Scott Pierce

    On Friday, the U.S. Supreme Court granted a writ of certiorari in the case of Impression Products Inc. v. Lexmark International Inc. The ultimate decision by the court could have a profound impact on the judicial doctrine of patent exhaustion, potentially extinguishing long-standing precedent, says Scott Pierce of Hamilton Brook Smith Reynolds PC.

  • OPINION: WTO Should Not Authorize Personal Property Theft

    John Veroneau

    Antigua is entitled to have its favorable WTO ruling enforced. But the World Trade Organization should not authorize the theft of U.S. intellectual property. If Antigua permits this theft, it will establish a terrible and unjust precedent that could become very costly if pursued by larger countries, says John Veroneau, a partner at Covington & Burling LLP and former Deputy U.S. Trade Representative.

  • The Causation Question Left Unanswered By Actavis

    Peter Thomas

    One question not answered by the landmark decision in FTC v. Actavis is how the framework applies to suits by private plaintiffs seeking monetary damages. Attorneys with Simpson Thacher & Bartlett LLP argue that private plaintiffs seeking monetary damages must allege, and eventually prove by a preponderance of the evidence, patent invalidity or non-infringement in order to succeed.

  • Innovate Bigly? — Patent Reform Under @realDonaldTrump

    Lionel M. Lavenue

    Many commentators have stated that President-elect Donald Trump has yet to take a clear stance regarding patents and intellectual property. However, his Twitter account holds many hints as to his possible intellectual property priorities, say attorneys from Finnegan Henderson Farabow Garrett & Dunner LLP.

  • REBUTTAL: Busting The Myth Of Unlimited RCEs

    Robert R. Sachs

    The problem of “unlimited” requests for continued examination is a myth. While it is true that the patent statute does not limit the number of RCEs, the reality of patent examination and prosecution results in a negligible number of high count RCE patents, and they have no impact on the patent litigation landscape, says Robert Sachs of Fenwick & West LLP.

  • What's At Stake In High Court's Life Tech Patent Case

    Wayne Stacy

    The U.S. Supreme Court could soon put its stamp of approval on a Federal Circuit decision that significantly expanded the extraterritorial reach of U.S. patent law. Life Technologies v. Promega — set for oral argument next week — may become a direct threat to U.S. manufacturers and exporters, say Wayne Stacy and Jay Schiller of Baker Botts LLP.