Intellectual Property

  • May 26, 2017

    Kardashians' Hands Not Unclean, 9th Circ. Says In IP Row

    The Ninth Circuit on Friday refused to lift a preliminary injunction barring a cosmetics company from using trademarks held by Kim, Kourtney and Khloe Kardashian, saying the company hasn’t shown any evidence the sisters had “unclean hands.”

  • May 26, 2017

    NJ Can't Deny Deductions For Software Co.'s Licensing Deals

    A Texas-based software company scored a partial victory in its $7 million lawsuit over taxes and penalties sought by New Jersey when a judge ruled in a decision released Friday that it was unreasonable for the Garden State to deny deductions for software license payments the company made to its corporate parent.

  • May 26, 2017

    Sprint Denied New Trial In Middle Man Phone Reseller Suit

    Sprint lost its bid for a new trial in its dispute with a phone reseller accused of violating the mobile giant's contract terms, a federal judge ruled Friday, flatly denying Sprint’s request for a redo.

  • May 26, 2017

    Texas Justices Dump Damages In Noncompete Fight

    In a noncompete dispute between two health care services companies, the Texas Supreme Court on Friday held insufficient evidence supported a jury's $4.2 million lost profits award and that a $1.1 million punitive award was too high in light of the reduced actual damages.

  • May 26, 2017

    Judge Reopens ParkerVision Patent Suit Against Apple, LG

    A Florida federal judge on Friday reopened wireless communications company ParkerVision Inc.'s smartphone patent dispute against Apple, LG and Qualcomm after the end of a related U.S. International Trade Commission investigation.

  • May 26, 2017

    Ill. Bill Would Prohibit Attys From Profiting On Own Patents

    An Illinois state lawmaker has introduced a bill aiming to bar attorneys from receiving legal fees in association with litigation of patents that they themselves own in response to internet security company Cloudflare's recent allegations that the patent-holding company Blackbird Technologies engages in such practices.

  • May 26, 2017

    Amgen Sues FDA Over Exclusivity For Blockbuster Sensipar

    The U.S. Food and Drug Administration improperly denied extra exclusivity for Amgen Inc.’s blockbuster calcium-control drug Sensipar despite years of exhaustive research conducted at the agency’s request, according to a new lawsuit from Amgen in D.C. federal court.

  • May 26, 2017

    House GOP Tax Plan May Exact Foreign Toll On Offshore IP

    The House Republicans’ plan to exempt exports, but not imports, from taxation may encourage American businesses to bring their offshore operations and profits back home, but companies holding intellectual property overseas would risk severe tax penalties from foreign governments if they try it.

  • May 26, 2017

    Scotts Says Competitor Stole Fertilizer Packaging Colors

    Central Garden & Pet Co. sold consumer lawn fertilizer at Lowe’s that ripped off the packaging color scheme of similar Scotts Miracle-Gro Co. products, two Scotts subsidiaries have alleged in Ohio federal court.

  • May 26, 2017

    Contractor Stole $2M Sistine Chapel Replica, Owner Says

    A company that recreates Michelangelo's Sistine Chapel through exhibition of large-scale images said in a suit filed in California state court that a contractor ran off to Germany with its replicas, claiming $2 million in damages.

  • May 26, 2017

    Pillsbury Adds 2 Ex-Mintz Levin IP Partners In San Diego

    Pillsbury Winthrop Shaw Pittman LLC has bolstered its San Diego office with the addition of two partners formerly of Mintz Levin Cohn Ferris Glovsky and Popeo PC who are joining Pillsbury's intellectual property practice and focusing on patent litigation, the firm announced.

  • May 26, 2017

    Fed. Circ. Won't Rule On Interest In Halo, Pulse IP Case

    The Federal Circuit on Friday dismissed an appeal from Pulse Electronics over a prejudgment interest award on a $1.5 million patent infringement verdict for Halo Electronics in a 10-year-old suit that last year led the U.S. Supreme Court to determine a new standard for enhanced damages.

  • May 26, 2017

    Brand Battles: Apple, Universal, Ford, 'Session' Beer

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple faces a fight over its long-retired "Sherlock" search tool, Universal Pictures and Ford Motor Co. clash over "Raptors," and Full Sail Brewing goes after another "session" beer mark.

  • May 26, 2017

    Fed. Circ. Upholds IBM's Win Over Twin Peaks Software

    The Federal Circuit on Friday affirmed a California federal court’s ruling that a patent covering a virtual file system that Twin Peaks Software Inc. asserted against IBM Corp. is invalid as indefinite because it doesn’t disclose how to achieve the claimed results.

  • May 26, 2017

    Golf Course Accuses Co. Of Infringing Tournament Mark

    An Ohio golf club that hosts an annual PGA Tour tournament filed suit against a newly formed company in Ohio federal court on Thursday, alleging that it is attempting to profit off of the goodwill generated from the club’s 40-plus years of hosting the tournament.

  • May 26, 2017

    Ice Miller Launches New Philly Office To Boost IP Practice

    In what it described as a bid to significantly expand its intellectual property practice, Ice Miller LLP announced Thursday that it was opening a new office in Philadelphia under the leadership of former Panitch Schwarze Belisario & Nadel LLP attorney Frederick Tecce.

  • May 26, 2017

    Atty Faces DQ Bid In Tutoring Service Franchise Row

    The defendants in a franchise row with Huntington Learning Centers Inc. on Thursday urged a New Jersey federal judge to boot an attorney representing the tutoring service from the case, alleging he violated professional conduct rules by having a conversation with them about the case without their own attorney present.

  • May 26, 2017

    BlackBerry Gets $940M Award In Qualcomm Licensing Row

    Canada-based BlackBerry Ltd. announced on Friday that chipmaker Qualcomm Inc. has agreed to pay it $940 million to resolve all payments tied to an arbitration panel’s decision in a licensing dispute, which placed the interim award in favor of BlackBerry at nearly $815 million.

  • May 25, 2017

    Wealth Expert Sues Advisor Over Faking License, Stealing IP

    A South Florida-based private wealth manager filed suit Thursday against his business partner, a Brazilian national, who allegedly lied about being a licensed financial advisor and stole copyrights and customers from the partners' joint business.

  • May 25, 2017

    Qualcomm Can’t Delay Discovery In Chip Price-Fix Suit

    A California federal judge on Thursday refused Qualcomm’s request to delay discovery in a putative antitrust class action alleging the chipmaker hurt indirect buyers by fixing the price of microchips used in cellphones, urging both sides to “get this party started now.”

Expert Analysis

  • In Other Patent Venue News ... A Change In Northern Illinois

    Marc Cooperman

    After the U.S. Supreme Court's TC Heartland decision, venue considerations in intellectual property cases are undergoing seismic shifts, but some of them are below the radar. The Northern District of Illinois' new “mandatory initial discovery” program should make the district an even more attractive venue for well-prepared IP owners, says Marc Cooperman of Banner & Witcoff Ltd.

  • Fed. Circ.'s Approach To Unexpected Results In Pharma Cases

    Francis C. Lynch

    In many obviousness challenges to pharmaceutical patents, patentees have presented evidence of unexpected advantages or properties of claimed inventions in support of nonobviousness. The Federal Circuit initially used such unexpected results to support the nonobviousness but in recent years has refused to give them significant weight, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Northern Ga. May Be Popular Patent Venue Post-TC Heartland

    Coby Nixon

    While Delaware will certainly see its patent docket swell post-TC Heartland, another state that is likely to see an uptick is Georgia. Because the Northern District of Georgia will be new to a number of lawyers, Coby Nixon and Seth Trimble of Taylor English Duma LLP share some tips based on their experience as local and lead counsel on patent infringement matters within the district.

  • A New Era For Software Patents In China

    Elizabeth Chien-Hale

    At a time when the U.S. is pulling back on the patentability of software inventions, China is moving in the opposite direction. Recent changes to Chinese guidelines expanded patentability of business method patents and enhanced claiming options for patents covering software inventions, says Elizabeth Chien-Hale of Brinks Gilson & Lione.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • TC Heartland Paves Road To 'The Delaware Way'

    Denise Kraft

    The U.S. Supreme Court's TC Heartland decision this week will likely lead to more patent litigation filings in Delaware, which will lead to more patent litigators following the bedrock principles required of every attorney who practices in the District of Delaware — a level of professionalism we call "The Delaware Way," says Denise Kraft of DLA Piper LLP.

  • AIA Trial Institution Rates Are Good News For Patent Owners

    Kerry Taylor

    The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down, say Kerry Taylor and Nathanael Luman of Knobbe Martens Olson & Bear LLP.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.

  • IP Considerations For The Esports Industry

    Eric Ball

    With recent developments in the gaming world, game developers, professional gamers and other players in the virtual reality and esports space should be mindful of how to protect their own intellectual property rights while not infringing on the rights of others, say Eric Ball and Kunyu Ching of Fenwick & West LLP.