Intellectual Property

  • January 18, 2017

    11th Circ. Hands Kardashians Loss In Pun-Packed Opinion

    The Kardashian sisters lost a motion to compel arbitration at the Eleventh Circuit on Wednesday when a panel in a pun-laced opinion full of wrinkles, blushes and style agreed that a district court rightfully denied their bid to arbitrate with Kroma Makeup EU LLC in a trademark infringement suit.

  • January 18, 2017

    Niro Attys Again Face Sanctions In Sloan-Kettering IP Row

    A New York federal judge ruled Wednesday that a biopharmaceutical company can refile its suit seeking to reclaim gene therapy patent rights from the Sloan-Kettering Institute in state court, but said the company and its counsel must explain their delay in making the move or face sanctions.

  • January 18, 2017

    Fed. Circ. Upholds Microsoft Win In Techie 'Cult Leader' Row

    The Federal Circuit on Wednesday upheld a win for Microsoft Corp. and AT&T Inc. in a patent lawsuit over teleconferencing technology that was brought by a New York inventor who gained notoriety as an alleged self-help "cult leader.”

  • January 18, 2017

    Fed. Circ. Affirms Toss Of Data Patent Suit Against Google

    The Federal Circuit on Wednesday declined to revive a patent infringement suit against Google Inc. and two of its subsidiaries regarding proprietary audio and video compression technology that had been dismissed by the lower court for lack of standing to enforce the patent.

  • January 18, 2017

    5 Key Takeaways From The FTC's Qualcomm Patent Suit

    The Federal Trade Commission stunned the antitrust bar Tuesday by launching a controversial case challenging Qualcomm Inc.'s licensing of its standard-essential wireless patents on the eve of a leadership transition. Here are five key takeaways from the suit.

  • January 18, 2017

    Paul McCartney Tells Sony To 'Let It Be' Over Early Work

    Paul McCartney lodged a suit against Sony/ATV on Wednesday over copyright interests in The Beatles’ songs, asking a New York federal judge to confirm that the legendary songwriter won’t face breach of contract claims if he cuts off rights Sony’s predecessors acquired 50 years ago.

  • January 18, 2017

    TiVo Damages Lost Value Claim Tossed In Kantar IP Row

    A New York federal judge on Wednesday ruled that said that TiVo Research and Analytics Inc. hadn’t proved it is entitled to damages between $60 million and $196 million as a result of Kantar Media Audiences’ alleging devaluing of its business in a long-running patent infringement row. 

  • January 18, 2017

    Oculus Founder, CEO Say Company Built Without Stealing

    The founder and the CEO of Facebook Inc. subsidiary Oculus VR LLC on Wednesday testified about the work they’d each put into building the virtual reality company from scratch, denying claims in a $2 billion Texas federal court suit that the Oculus Rift headset was built on stolen source code.

  • January 18, 2017

    Fed. Circ. Affirms PTAB Win For EBay On E-Currency Patents

    The Federal Circuit on Wednesday affirmed separate Patent Trial and Appeal Board decisions that the asserted claims of three patents covering electronic currency allegedly infringed by former eBay Inc. subsidiary PayPal Inc. are invalid as obvious.

  • January 18, 2017

    Cisco, Arista Push For New Rulings In $335M IP Battle

    Tech rivals Arista Networks Inc. and Cisco Systems Inc. both asked a California federal judge for separate judgments as a matter of law in a $335 million suit Tuesday, after a jury found Arista’s popular Ethernet switches are shielded from infringement claims by the scènes à faire doctrine.

  • January 18, 2017

    Fed. Circ. Affirms PTAB Nix Of Zond Plasma Patents

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's invalidation of five Zond LLC patents on plasma generator technology, cementing a series of losses for a company that at one point was among the most frequent target of America Invents Act reviews.

  • January 18, 2017

    Fed. Circ. Upholds Aetna's Win In Health Data Patent Suit

    The Federal Circuit upheld on Wednesday a lower court’s invalidation of patents asserted against Aetna Inc., letting stand a decision that found the health insurance company didn't infringe because the health information technology developer's patents were too abstract under the U.S. Supreme Court’s Alice test.

  • January 18, 2017

    The Limited Gets Approval For Shortened Sale Process

    Bankrupt clothing retailer The Limited Co. LLC will move forward with an expedited plan to sell its intellectual property assets after receiving court approval for its proposed milestones as it pursues a $28.5 million transaction with a stalking horse bidder by the end of February.

  • January 18, 2017

    Fed. Circ. Finds Trading Patents Survive Alice In $16M Case

    The Federal Circuit on Wednesday upheld a lower court’s decision that two Trading Technologies International Inc. electronic trading patents are not invalid under the U.S. Supreme Court’s Alice ruling, leaving intact a $16 million jury verdict the company won against CQG Inc.

  • January 18, 2017

    Merck Says K-Dur Buyers Can't Save Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have asked a New Jersey federal court to deal them a quick win in long-running pay-for-delay litigation over potassium supplement K-Dur, saying direct purchasers of the medication can’t prove the drug was a market unto itself and that they were wrongly edged out of that market.

  • January 18, 2017

    Qualcomm Slapped With Antitrust Class Action After FTC Suit

    A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.

  • January 18, 2017

    Justices Skeptical That Offensive TM Ban Is Constitutional

    The U.S. Supreme Court heard arguments Wednesday in the high-profile battle over the federal government’s ban on offensive trademark registrations, at times sounding highly skeptical that the rule passes muster under the First Amendment.

  • January 18, 2017

    $21M Interest Added To CardiAQ Trade Secrets Win

    A Massachusetts federal judge on Wednesday tacked on more than $21 million in interest to CardiAQ's enhanced trade secrets verdict against Neovasc over a transcatheter mitral valve, bringing the total award to over $111 million.

  • January 18, 2017

    PTAB Finds Claims In IV E-Commerce Patent Invalid

    The Patent Trial and Appeal Board on Tuesday invalidated several claims in an Intellectual Ventures II LLC e-commerce patent, dealing a blow to the patent holding company in its East Texas lawsuit against a pair of insurance companies.

  • January 18, 2017

    Husch Blackwell Adds 4 Harness Dickey IP Pros As Partners

    Husch Blackwell LLP added four intellectual property litigators previously with Harness Dickey & Pierce PLC as partners in its St. Louis office, the firm has announced.

Expert Analysis

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • 2 Ways Courts Approach Willful Infringement After Halo

    Natalie Hanlon Leh

    Following the U.S. Supreme Court's decision in Halo last year, district courts have taken diverging approaches to the pleading requirements for willful infringement. Some courts set a relatively low bar, and others set a relatively high bar, say Natalie Hanlon Leh and Michael Silhasek of WilmerHale.

  • 4 Factors Influencing Enhanced Damages After Halo

    Donald R. Steinberg

    Although the cases in the six months since the U.S. Supreme Court's Halo decision are few and fact-specific, they provide some insight for when courts will enhance damages under the new law, say attorneys with WilmerHale.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Dance Marches On For Biosimilars In Amgen V. Sandoz

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    Two sections of the Biologics Price Competition and Innovation Act are the subject of writs of certiorari that have just been granted by the U.S. Supreme Court in Amgen v. Sandoz. The need for resolution of ambiguity in the statute is clear, says Scott Pierce of Hamilton Brook Smith Reynolds PC.

  • The Return Of Patent Opinion Letters

    Matthew A. Werber

    Court rulings in the six months since the U.S. Supreme Court's Halo decision reveal a trend — defendants are more incentivized to seek and rely on timely advice from counsel on noninfringement and invalidity. In 2017, more clients will be seeking formal opinion letters and taking remedial actions early on, says Matthew Werber of SpencePC.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • When Making The Sale Isn't 'Offering To Sell'

    JD Wooten

    Is Amazon legally the seller of items made available by third parties on Amazon.com? And is the e-commerce giant liable if those products infringe someone else's patents? A Washington federal court answered no to both questions. As the Federal Circuit considers the case, it must balance patent protection with market access, says JD Wooten of Womble Carlyle Sandridge & Rice LLP.