Intellectual Property

  • March 22, 2017

    5 Keys To High Court's Cheerleader Uniform Ruling

    To get you up to speed on the U.S. Supreme Court’s complex decision on copyright law and cheerleading uniforms, here are the key things experts say you need to know, including what the ruling says, what it doesn’t and what comes next.

  • March 22, 2017

    Lilly, Biz Groups Rip Tribunal's Decision On 'Promise Doctrine'

    U.S. drugmaker Eli Lilly has decried a recent ruling dismissing its claims brought under the North American Free Trade Agreement over Canada's controversial "promise utility doctrine" requiring patent holders to show that an invention measures up to its promised result, comments that were echoed this week by two U.S. industry groups.

  • March 22, 2017

    Rodale Settles Copyright Row With Dad Who Streamed Birth

    Publishing giant Rodale Inc. has struck a confidential settlement with a California man who filed copyright infringement claims after the company used video footage he inadvertently posted on Facebook of his son’s birth, according to a filing in New York federal court Wednesday.

  • March 22, 2017

    PTAB Judge 'Troubled' By Current State Of Law On Reviews

    In agreeing not to institute a covered business method review of a Versata software patent, a Patent Trial and Appeal Board judge said Monday he was “troubled” that patent owners can escape such a review even if the patent is intended to cover financial products and services.

  • March 22, 2017

    Justices Mull Mail Service Standards Under Hague Convention

    A splash pad company was improperly denied the right to use the mail to serve the Quebec-based defendant in its Texas trade secrets suit, regardless of whether the Hague Service Convention authorizes or merely permits service of process abroad by mail, the company's attorney told the U.S. Supreme Court Wednesday.

  • March 22, 2017

    Law Profs Back Bid To Unseal $500M Oculus Case Transcript

    In the aftermath of a $500 million verdict against the virtual reality company Oculus, two law professors and the Electronic Frontier Foundation on Tuesday requested that a Texas federal court unseal portions of the trial transcript related to the jury’s finding of copyright infringement.

  • March 22, 2017

    UK Judge Nixes Patent Extension For Merck HIV Drug

    A U.K. judge on Tuesday ruled that a Merck Sharp & Dohme Corp. document extending a patent on the HIV drug Atripla is invalid, in a win for generics makers Teva Pharmaceutical Industries Ltd., Mylan NV and Accord Healthcare, which challenged it.

  • March 22, 2017

    Jared Leto Asks 9th Circ. To Revive TMZ Swift Video Suit

    Singer and actor Jared Leto’s production company asked the Ninth Circuit on Monday to toss out a lower court’s ruling dismissing his copyright infringement suit against TMZ, saying the videographer behind a clip of him criticizing Taylor Swift didn’t have the right to sell the clip.

  • March 22, 2017

    Drug Cos. Fight Bid For Quick Win In Namenda Antitrust Suit

    An Allergan PLC unit asked a New York federal judge to deny drug wholesalers’ bid for a win on a federal antitrust claim in their lawsuit over the Alzheimer’s treatment Namenda, arguing Tuesday that findings from a previously litigated case have nothing to do with the matter at hand. 

  • March 22, 2017

    EBay Escapes Sting Of Bee Trap Infringement Claims

    An inventor who sells his traps for carpenter bees on eBay.com may not hold the online auction site responsible for selling products that allegedly infringed his designs, an Alabama federal court ruled on Monday.

  • March 22, 2017

    High Court Asked To Resolve Claim Construction Uncertainty

    Trash bag maker Poly-America LP has asked the U.S. Supreme Court to rule on how patent claims should be construed, saying the court’s guidance is "urgently needed" to resolve a split among Federal Circuit judges about whether information beyond the claims can be consulted.

  • March 22, 2017

    Damages Nixed In Generic Blood-Clot Drug Monopoly Suit

    A hospital that indirectly purchased a generic of the blood clot drug Lovenox can request declaratory relief in a proposed class action accusing Momenta Pharmaceuticals Inc. and Sandoz Inc. of conspiring to monopolize the drug’s market, but can’t seek damages, a Tennessee federal judge said Tuesday.

  • March 22, 2017

    NY Firm Says Luv N' Care Admitted To Fees Obligation

    Goldberg Cohen LLP urged a New York federal court Tuesday to force ex-client Luv n’ Care Ltd. to pay over $1.4 million for breaching a fee contract that the baby products company is allegedly bound to by admissions its general counsel made in a related intellectual property case.

  • March 22, 2017

    Barnes & Thornburg Nabs Ex-Burr & Forman IP Atty

    Barnes & Thornburg LLP announced that it has strengthened its intellectual property department in its Atlanta, Georgia, office with the addition of a former Burr & Forman LLP attorney who helps clients manage their IP portfolios.

  • March 21, 2017

    Toshiba Unfairly Swayed Jury In Patent Trial, IV Says

    Intellectual Ventures has urged a Delaware federal judge to find that a patent it asserted against Toshiba Corp. isn’t invalid and grant a new trial in its memory chip technology infringement case, saying a recent verdict went against evidence and Toshiba’s trial conduct biased the jury.

  • March 21, 2017

    Tequila Co. Founder Tells Jury Aykroyd's Vodka No Influence

    The founder of a tequila company accused by Dan Aykroyd's Crystal Head Vodka of ripping off its unique skull-shaped bottle on Tuesday defended her creation before a California federal jury, testifying she'd never even heard of Crystal Head Vodka when she designed her bottle.

  • March 21, 2017

    Trump Names New Chief Judge For Federal Claims Bench

    President Donald Trump has announced his pick for chief judge of the U.S. Court of Federal Claims is Susan G. Braden, a former Baker & McKenzie LLP attorney with intellectual property expertise who has served on the court since 2003.

  • March 21, 2017

    Low-Key Supreme Court Questions Patent Exhaustion Rules

    Some U.S. Supreme Court justices suggested Tuesday in a case over the patent exhaustion doctrine that Federal Circuit rules allowing patent owners to retain rights after a product is sold may run afoul of precedent, although they asked relatively few questions of either side.

  • March 21, 2017

    Apple Wants Unwired Planet’s Docs Ahead Of Patent Trial

    Apple Inc. on Monday urged a California federal court to compel Unwired Planet LLC to turn over documents related to a patent trial in the U.K., arguing that the information is relevant to an upcoming California trial between the parties over wireless and voice recognition patents.

  • March 21, 2017

    $40M Limelight IP Settlement Breach Claim Tossed In Del.

    A badly off-target email has shut down Limelight Networks Inc.’s attempt to stop paying the remaining $40 million of a patent settlement with Akamai Technologies Inc., after the Delaware Chancery Court found Tuesday that Limelight’s message failed to qualify as a formal notice of an agreement breach.

Expert Analysis

  • What To Expect From High Court Patent Exhaustion Decision

    Charlie Steenberg

    The U.S. Supreme Court is expected to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Design Patents Are Surviving Post-Grant Challenges

    Tracy-Gene G. Durkin

    Petitioners are struggling to challenge design patents at the Patent Trial and Appeal Board, particularly at the institution stage. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful. The statistics reflect positively on the quality of original examination, say Tracy-Gene Durkin and Pauline Pelletier of Sterne Kessler Goldstein & Fox PLLC.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Applying 'Footprint' Methodology To Prism V. Sprint

    Aaron R. Fahrenkrog

    The Federal Circuit's decision in Prism v. Sprint this month illustrates an example of the "footprint" approach to patent damages, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure, say attorneys with Robins Kaplan LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Rate Of PGR Petitions Hitting Orange Book Patents

    Donald Prather

    There appears to be a greater willingness among pharmaceutical companies to wade through the still relatively untested post-grant review process when compared with their initial hesitation regarding the initiation of inter partes review proceedings, say Kevin Chrustowski of TK Holdings Inc. and Donald Prather of Meunier Carlin & Curfman LLC.

  • Fed. Circ. May Be Setting Stage For Big Obviousness Changes

    Thomas King

    A number of Federal Circuit decisions have focused on some of the disputed issues highlighted in Apple v. Samsung. The court seems to be grappling with five questions, the resolutions of which have the potential to significantly impact the application of the nonobviousness principle in patent law, say Thomas King and Pranay Pattani of Haynes and Boone LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Opinion

    A Call To Arms: The Trademark Battle For 'Triggerpoint'

    E. Russell Tarleton

    A U.S. trademark application to register the term "Triggerpoint" has piqued the interest of many​ in the fitness and massage industries​. By the time the opposition window closed on March 2, there were 45 entities and individuals requesting extensions to oppose Implus Footcare’s filing. Why all the fuss? The term may be merely descriptive, say Russell Tarleton and Jennifer Ashton of Seed IP Law Group LLP.