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Intellectual Property
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May 16, 2013
Class Cert. Denied In YouTube Copyright Infringement Case
A New York federal judge on Wednesday denied certification to a proposed class of copyright holders who sued Google Inc.'s YouTube for infringement, calling the case a "Frankenstein monster posing as a class action.”
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May 16, 2013
Endo Claims Teva, Others Infringe Uncrushable Opana IP
Endo Pharmaceuticals Inc. on Wednesday targeted Teva Pharmaceuticals Industries Inc., Par Pharmaceutical Inc., Mallinckrodt LLC and others with patent infringement lawsuits in New York aimed at blocking generic drugs that would compete with the crush-resistant version of its Opana ER painkiller.
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May 16, 2013
Ex-AMD Workers Ordered Not To Destroy, Use Trade Secrets
A group of former Advanced Micro Devices Inc. employees was prohibited by a Massachusetts federal judge Wednesday from destroying or using trade secrets they allegedly stole from their ex-employer while the company's suit against them is pending.
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May 16, 2013
Justices Asked To Restore $626M Verdict In Apple Patent Row
The lobbying group for inventors on Thursday joined the fight to reinstate a $625.5 million patent infringement verdict against Apple Inc., saying the U.S. Supreme Court should overturn an appellate ruling to avoid “needlessly increasing the burden of proving direct infringement of process patents."
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May 16, 2013
US Drops Appeal In Customs' Cable Exclusion Case
The U.S. on Wednesday dropped its Federal Circuit appeal of a ruling that Corning Gilbert Inc.'s coaxial cable connectors did not infringe a patent and were improperly barred entry into the country, a ruling that likely expands U.S. Customs and Border Protection's role in enforcing exclusion orders.
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May 16, 2013
Q&A With Day Pitney's Andrew Riddles
The inordinately high reversal rate of district court claim construction rulings by the Federal Circuit undermines any predictability in the judicial process, says Andrew Riddles, a partner in Day Pitney LLP's intellectual property department.
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May 16, 2013
J&J Units Sued Over Spine Implant Patent
Two of Johnson & Johnson's DePuy Synthes units were hit Wednesday in Delaware federal court with allegations that they infringed Globus Medical Inc.'s patent covering a spinal implant.
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May 15, 2013
Biolitec Wants Judge Booted In AngioDynamics Row
German medical laser maker Biolitec AG sought to disqualify a Massachusetts federal judge from its intellectual property indemnification dispute with medical device manufacturer AngioDynamics Inc. on Wednesday, after he allegedly compared Biolitec’s merger in violation of his preliminary injunction to spitting on the court.
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May 15, 2013
Jones Day Adds Porter Hedges Patent Litigator In Houston
Jones Day has hired away a veteran litigator from Porter Hedges LLP to join its intellectual property team in Houston, the firm announced Wednesday.
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May 15, 2013
Obama's 1st Term Rulemaking Rate Soars By Bush's Mark
President Barack Obama has pushed through a significantly higher number of major rules over the last four years than former President George W. Bush did during his own first term, according to a report by the research arm of Congress.
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May 15, 2013
'Girls Gone Wild' Founder Says Marketing Co. Isn't Subsidiary
"Girls Gone Wild" founder Joe Francis on Tuesday said the trustee overseeing the company’s bankruptcy should not be allowed to declare bankruptcy for GGW Marketing LLC in a bid to recover alleged trademark transfers because GGW Marketing is not a subsidiary of the bankrupt company.
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May 15, 2013
Foxconn Beats Antitrust Suit Over USB Technology
A New York federal judge on Tuesday tossed a lawsuit alleging China-based Foxconn International Inc. stifled competitors by flouting licensing terms for standard-essential patents covering USB 3.0 connectors, ruling the alleged misconduct fell outside the scope of U.S. antitrust laws.
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May 15, 2013
FTC Deal Doesn't Bar Apple Injunction Bid, Motorola Says
Google Inc.'s Motorola Mobility LLC unit told the Federal Circuit on Wednesday that its recent consent decree with the Federal Trade Commission does not prevent it from seeking an injunction against Apple Inc. over standard-essential smartphone patents.
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May 15, 2013
Enviros Must Show Need To Get Trade Secret Docs: Pa. Court
Parties challenging permit decisions before the Pennsylvania Environmental Hearing Board must prove that any trade secrets sought in discovery are absolutely necessary to successfully litigate their case, a state appeals court ruled Wednesday.
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May 15, 2013
5th Circ. Affirms $44M Wellogix Jury Award In IP Fight
The Fifth Circuit on Wednesday upheld a judgment against Accenture LLP for allegedly misappropriating the trade secrets of Wellogix Inc. by excluding it from developing and pitching new software requested by BP America Inc., ruling there was sufficient evidence to support a finding that Accenture acted with malice.
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May 15, 2013
ACLU Urges DC Circ. To Rein In Porn Copyright 'Shakedown'
The American Civil Liberties Union urged the D.C. Circuit on Tuesday to overturn a ruling giving so-called porn copyright troll AF Holdings LLC access to the personal information of over 1,000 Web users, saying the company will use the data as part of a "shakedown."
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May 15, 2013
Sequester Will Scale Back AIA's Gains, Experts Warn
The backlog of applications at the U.S. Patent and Trademark Office could increase and improvements brought about through the American Invents Act could be lost if the agency's user fees are subjected to sequestration, experts told a House panel Wednesday.
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May 15, 2013
Fed. Circ. Upholds Newegg-Overstock Patent Win Over Alcatel
The Federal Circuit on Wednesday refused to revive Alcatel-Lucent USA Inc.'s e-commerce patent suit against Overstock.com Inc. and Newegg.com Inc., affirming that the online retailers didn't infringe the patents and that one was invalid.
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May 15, 2013
Publishers Renew Bid For USPTO Docs In Copyright Row
Academic publishers suing Schwegman Lundberg & Woessner PA over the use of copyrighted journal articles in patent applications objected Tuesday in Minnesota federal court to a magistrate’s ruling last month that denied them access to communications between the U.S. Patent and Trademark Office and the U.S. Copyright Office.
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May 15, 2013
K&L Gates Snags Copyright Specialist From Cobalt
K&L Gates LLP's Seattle office has added a new partner who previously served at Cobalt LLP and specializes in intellectual property, with a focus on fields including media and technology, the firm announced on Wednesday.
Expert Analysis
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How Kirtsaeng Will Impact The Market For Copyrighted Works
The U.S. Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons Inc. gives a green light to U.S. businesses to purchase abroad, import and resell lower-priced “gray market” copyrighted goods. It is likely to have noticeable consequences on the international market for copyrighted works and goods, say Andrew Deutsch and Matthew Ganas of DLA Piper.
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Rule 12(e): What Is It Good For? Absolutely Nothing
The recent evolution of case law governing the standard for Rule 12(b)(6) motions to dismiss reveals that Rule 12(e) serves no practical purpose in modern pleading practice, says Nathan Kipp of Seyfarth Shaw LLP.
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5 Things To Know About Oral Argument In FTC V. Actavis
On March 25, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis Inc. The justices appeared likely to issue a narrow ruling, not a broad one that would satisfy the FTC or fully resolve all the issues in the "pay-for-delay" area, say Thane Scott and Hill Wellford of Bingham McCutchen LLP.
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NPE Battleground — Good Intentions Vs. Good Results
Reintroduction of the Shield Act has created a lot of debate and renewed interest in its potential to stem the tide of nonpracticing entity litigation. However, it clearly is unlikely to deliver the change that is needed. The America Invents Act, on the other hand, actually has some real impact, says J.D. Harriman of Arent Fox LLP.
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Litigation Support At A Crossroads
Despite recession-driven cost pressures that have resulted in the downsizing of nonlawyer personnel at law firms, many litigation support departments are growing. In a recent survey, half of respondents indicated that their function has grown in size in the past three years, and more than half of respondents indicated that current staffing levels are inadequate for the projected needs of the coming year, say experts at Epiq Systems and Georgetown University Law Center.
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The Business End Of Supreme Court's Current Term
This term marks a continuation of the Roberts court trend of close attention to business issues. From affirmative action and class actions to tort litigation, government enforcement and intellectual property, almost one half of this term’s argued cases are of interest to the business community, say Cliff Sloan and David Foster of Skadden Arps Slate Meagher & Flom LLP.
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An Important Approach To Early Patentee Damages Disclosure
The Northern District of California seems to be at the forefront in formulating a process for early disclosure of damages theories by patentees. The reasoning behind this approach is laid out very well in a short, but considered, opinion that was recently handed down in Eon Corp. IP Holding LLC v. Sensus USA Inc., says Gaston Kroub of Locke Lord LLP.
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NPEs Are Undaunted By Recent Patent Reform
Recent court decisions and legislative action have offered corporations hope of significant relief from the flood of patent suits filed by nonpracticing entities. The early returns, however, suggest that these measures have done little to deter the proliferation of the NPE business model, says Mark Supko of Crowell & Moring LLP.
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Should You Use A Patent Practitioner Or Litigator For IPR?
Conflicting opinions have been expressed as to whether an experienced “litigator” or an experienced “patent practitioner” is more suited to handling an inter partes review trial before the Patent Trial and Appeal Board. A patent practitioner, particularly one with considerable inter partes experience within the U.S. Patent and Trademark Office, will usually be the best choice, says Gerald M. Murphy of Birch Stewart Kolasch & Birch LLP.
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Not Coming To A Theater Near You
Based on a recent copyright decision in the Northern District of Georgia, it appears unlikely that a planned movie, "The Snow White Ladies of the Third Week," will be in theaters anytime soon. The defendants — authors of the unpublished source novel — had entered into an agreement with the plaintiffs for the creation of a screenplay, but the agreement constitutes a veritable “how not to” of drafting, says Mitch Tuchman of Womble Carlyle Sandridge & Rice LLP.