Intellectual Property

  • January 19, 2017

    9th Circ. Says Trademark Claims Don't Fit Karaoke Suit

    The Ninth Circuit on Wednesday shot down a Lanham Act lawsuit filed by a karaoke music publisher against a business that allegedly copied music, agreeing that it was a failed effort to “stuff copyright claims into a trademark container.”

  • January 19, 2017

    SoundExchange Fights For Higher Royalty Rates At DC Circ.

    SoundExchange, the company that collects royalties for record labels and artists, urged the D.C. Circuit on Tuesday to nix digital streaming music rates it says are too low, arguing that the Copyright Royalty Board imposed its own policy preferences rather than properly assessing what rates open negotiation would have yielded.

  • January 19, 2017

    'Jersey Boys' Creators Push For New Trial In IP Suit

    The creators of “Jersey Boys,” the hit Broadway musical about Frankie Valli and the Four Seasons, pushed Wednesday for reversal of a jury's finding that they infringed a book copyright, citing a Ninth Circuit ruling made the day after the jury started its deliberations.

  • January 19, 2017

    Web Streaming Like Cable, 7th Circ. Told In Copyright Suit

    Web streaming service FilmOn X LLC took its battle for a license to broadcast copyrighted content to the Seventh Circuit on Thursday, telling the appellate panel that the service is fundamentally the same as cable and thus should be eligible under the Copyright Act.

  • 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.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • You May Need To Rethink Your Approach To Patents In Deals

    Rich Christiansen

    While the U.S. Supreme Court's Alice decision caused tumult and despair in the patent community, many transactions involving patent assets continued as if the decision had never occurred. But black swan events like Alice provide new impetus for re-evaluation of current transaction practice, says Rich Christiansen of Kilpatrick Townsend & Stockton LLP.

  • 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


    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.