Intellectual Property

  • January 13, 2017

    9th Circ. Hears TM Fight Over ‘Life Proof’ Phone Cases

    A mobile device case maker urged the Ninth Circuit on Friday to revive its fight with an OtterBox unit over rights to the “Life Proof” trademark for phone cases, saying it was using a version of the tagline before its rival registered the mark and arguing it’s not merely descriptive.

  • January 13, 2017

    Fed. Circ. Won't Revive IP Suit Against Pinterest, Others

    The Federal Circuit ruled on Friday that a Fo2Go LLC photo processing patent was invalid as indefinite, upholding a lower court ruling that ended infringement lawsuits brought against companies including Pinterest Inc. and Yahoo Inc. 

  • January 13, 2017

    Power Integrations Denied Extra Damages In $140M IP Win

    Power Integrations Inc. is not entitled to enhanced damages for its $140 million jury win against rival chip maker Fairchild Semiconductor International Inc. for patent infringement, a California federal judge ruled Friday, saying PI had not made a showing of “egregious misconduct.”

  • January 13, 2017

    Urban Outfitters Asks 9th Circ. To Scrap Fabric IP Loss

    Urban Outfitters Inc. urged the Ninth Circuit at a hearing Friday to reverse a judge’s finding that it infringed a copyrighted fabric design, saying the question of whether a pattern on one of its dresses was substantially similar to the fabric was for a jury to decide.

  • January 13, 2017

    ATopTech Hits Ch. 11 10 Months After $30M IP Verdict

    Software company ATopTech Inc. filed for Chapter 11 protection in Delaware on Friday, about 10 months after a California federal jury hit it with a $30 million verdict on accusations of infringing Synopsys Inc.'s copyrights, but says it has a potential buyer lined up to anchor a bankruptcy auction.

  • January 13, 2017

    DOJ, FTC Refresh IP Antitrust Licensing Guidelines

    The U.S. Department of Justice and Federal Trade Commission released on Friday updated antitrust guidelines for the licensing of intellectual property, taking into account recent U.S. Supreme Court decisions and changes to copyright and patent terms.

  • January 13, 2017

    Agilent Rival Can't Trim Trade Secret Suit Over DNA Tech

    A California state judge on Friday denied startup Twist Bioscience Corp.’s bid to trim Agilent Technologies Inc.’s suit accusing Twist’s founder of stealing its proprietary DNA synthesis technology, finding that trade secret claims don't preempt breach of loyalty claims under the California Uniform Trade Secrets Act.

  • January 13, 2017

    Brand Battles: Chicago Cubs, Sazerac, Tinder

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Chicago Cubs battle the Colorado Avalanche over the hockey club's new logo, Sazerac and E&J Gallo clash over "High" brands, and Tinder aims to block a "Swipe" mark.

  • January 13, 2017

    Ex-Reebok CEO Must Sit For Deposition In TM Dispute

    Reebok on Friday lost a bid in federal court to shield its former CEO Ulrich Becker from deposition in the trademark suit the company filed against apparel makers who allegedly infringed its RBK brand.

  • January 13, 2017

    Techie 'Cult Leader' Woos Fed. Circ. In Microsoft Patent Row

    Counsel for a New York inventor who gained notoriety as an alleged self-help "cult leader" fought on Friday to revive the man’s patent infringement suit against Microsoft Corp. and AT&T Inc. over teleconferencing technology, assuring a Federal Circuit panel that he owns the rights to the patents.

  • January 13, 2017

    Hampshire Nets Nearly $1M In Del. Ch. 11 Goods, IP Sale

    Menswear supplier Hampshire Group Ltd. knit together a quick bankruptcy sale of its top brands in Delaware on Friday, netting less than $1 million but still calling the development an important step toward an orderly Chapter 11 liquidation.

  • January 13, 2017

    Calif. Telecom Fights Partner’s Fraud Claims In Sprint Dispute

    A California telecommunications products company Thursday urged a California judge to ax counterclaims from a former business partner in a breach of contract case, saying the claims of fraud, forgery and misappropriation of trade secrets fail to meet basic pleading requirements.

  • January 13, 2017

    Photogs Ask To Appeal NFL, AP Contract Claims Dismissal

    Photographers alleging that the National Football League forced them into a raw deal with the Associated Press asked a New York federal judge to amend his judgment and allow an appeal of some of their claims, arguing that they are distinct from the claims that are scheduled for arbitration.

  • January 13, 2017

    Health Hires: 7 New Life Sciences, Health Additions

    The beginning of 2017 has seen Squire Patton Boggs LLP, Orrick Herrington & Sutcliffe LLP and Fenwick & West LLP grow their life sciences teams, and Dinsmore & Shohl LLP, Mandelbaum Salsburg PC, Saul Ewing LLP and Buchanan Ingersoll & Rooney PC expand their health care groups.

  • January 13, 2017

    EA Gets Part Of Video Game Patent Axed At PTAB

    Electronic Acts Inc. scored a victory at the Patent Trial and Appeal Board on Thursday, when the board invalidated much of a sports video game patent that EA’s college football and golf video games are accused of infringing.

  • January 13, 2017

    High Court Takes Up Amgen-Sandoz Biosimilar Brawl

    The U.S. Supreme Court on Friday took up a fight between Amgen and Sandoz over the obligations of biosimilar makers to give advance notice of sales and divulge approval applications to innovator counterparts, setting the stage for an industry-defining decision.

  • January 13, 2017

    Health Data Patents Not Abstract In Aetna Row, Fed. Circ. Told

    Software company HealthTrio LLC on Friday fought to reverse a ruling that its patents for an online record-keeping system asserted against health insurance giant Aetna Inc. are invalid as abstract, telling the Federal Circuit that the technology encompasses far more than simply translating information for electronic databases.

  • January 12, 2017

    Sens. Reintroduce Bill Regulating Pay-For-Delay Deals

    Two U.S. senators reintroduced bipartisan legislation on Thursday that proposes to crack down on anti-competitive pay-for-delay pharmaceutical deals in which brand companies pay their generic rivals not to compete as part of a patent settlement.

  • January 12, 2017

    Judge Knocks Out Imaging Patent For Inequitable Conduct

    Visage Imaging Inc. won a ruling Wednesday that a patent for a 3-D medical image system is unenforceable after a Georgia federal judge decided that the patent's owner committed inequitable conduct while getting the patent reinstated.

  • January 12, 2017

    Fed. Circ. Backs Eli Lilly Alimta Patent Win Under Akamai

    The Federal Circuit on Thursday upheld an order barring Teva from launching a generic version of Eli Lilly’s lung cancer drug Alimta, ruling that the generics maker is liable for inducing infringement of an Eli Lilly patent under the court’s recent en banc Akamai decision.

Expert Analysis

  • 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

    Pierce_Scott_HamiltonBrook.jpg

    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.

  • The Fate Of Distribution Rights After Bankruptcy

    Shmuel Vasser

    In Mission Product Holdings v. Tempnology, the bankruptcy appellate panel for the First Circuit held that Section 365(n) did not protect the exclusive distribution rights granted to the licensee of the debtor’s intellectual property, leaving unaddressed the practical implication that an IP license may be rendered worthless without the accompanying distribution rights, say Shmuel Vasser and Andrew Harmeyer of Dechert LLP.

  • The Serious And Immense Impact Of A Medical Device Hack

    Charles J. Andres

    A host of different government agencies enforce laws that impose obligations for companies that manufacture and sell medical devices to the public. Attorneys at Wilson Sonsini Goodrich & Rosati PC explore the many different ramifications of a medical device hack and provide some suggestions on planning for and responding to such a breach.

  • Trends In IPR Institution: Part 2 — Inter Partes Art, Arguments

    Virginia L. Carron

    In institution decisions where art or arguments were previously presented during inter partes review, the Patent Trial and Appeal Board regularly identifies eight reasons in considering whether the art or argument are “substantially the same,” say Virginia Carron and Ashley Winkler of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.