Intellectual Property

  • February 22, 2017

    High Court Overseas Patent Law Ruling Will Spur More Fights

    The U.S. Supreme Court's decision on Wednesday that shipping a single component of a patented invention to be combined with others overseas is not patent infringement eliminates liability in that situation but leaves parties to battle in lower courts over what constitutes infringement in other scenarios.

  • February 22, 2017

    GEICO Says Plaintiffs' Attys Used Its Secrets Against USAA

    GEICO sued two plaintiffs' attorneys in Pennsylvania federal court Tuesday, alleging they obtained confidential information in discovery in a putative class action against the insurer and tried to use it to get a leg up in a similar suit against GEICO rival United Services Automobile Association, exposing GEICO's trade secrets.

  • February 22, 2017

    Kanye Will Not Have To Attend NY Deposition In Copyright Suit

    A New York federal judge has ruled that Kanye West does not have to travel to New York to appear for a deposition in a copyright suit he is facing, saying the superstar can be deposed in Los Angeles instead.

  • February 22, 2017

    Insolvency Looms For Wet Seal Ch. 11, Creditors Warn

    Unsecured creditors of bankrupt clothing retailer The Wet Seal LLC warned on Wednesday that the company’s Chapter 11 appears headed for insolvency and urged a Delaware judge to curb payments of interest and principal to senior creditors pending resolution of cash concerns.

  • February 22, 2017

    Sycamore Unit Wins Ch. 11 Auction For The Limited IP

    Recently defunct women's clothing retailer The Limited Stores Co. LLC told the Delaware bankruptcy court late Tuesday that a unit of private equity firm Sycamore Partners, which was the stalking horse that set the bidding floor, won a competitive auction for its intellectual property and e-commerce business line.

  • February 22, 2017

    Zynga Can't Roll Quick Win In Gambling IP Row

    A gambling technology company has adequately pled that online game developer Zynga Inc. infringed its patent covering a video game system to survive a bid for a quick end to the case, a Nevada federal judge has ruled.

  • February 22, 2017

    Former Intel Exec Joins Patent Licensing Firm Inventergy

    Patent licensing firm Inventergy Global Inc. announced Tuesday that former Intel Capital executive Ken Tallo has joined its subsidiary Inventergy Innovations LLC, saying the move would help facilitate growth in new partnerships, drive the execution of some of its current partnerships and strengthen its strategic resources for the company's monetization efforts.

  • February 22, 2017

    Cleveland Clinic Revives Heart-Disease Test Patent Row

    The Cleveland Clinic Foundation on Tuesday continued its push to block True Health Diagnostics LLC from using a test for cardiovascular disease that the foundation discovered, claiming in Virginia federal court that True Health infringed one of its patents.

  • February 22, 2017

    4G FRAND Suit Against T-Mobile Should Proceed, Judge Says

    A Texas magistrate judge on Wednesday recommended a federal court deny T-Mobile's bid to toss Huawei Technologies Co. Ltd.’s suit for declaratory judgment on whether its license on patented 4G technology was fair, reasonable and nondiscriminatory, finding the court had subject-matter jurisdiction over the case.

  • February 22, 2017

    PTAB Won't Review Chamberlain Garage Door Opener Patent

    The Patent Trial and Appeal Board on Tuesday declined to review claims in a Chamberlain Group Inc. patent on garage door openers, just a few weeks after the Federal Circuit said that a rival manufacturer had raised a “substantial question of invalidity” with respect to the patent.

  • February 22, 2017

    PTAB Upholds Pozen Patent In Kyle Bass Challenge

    The Patent Trial and Appeal Board on Tuesday upheld the validity of a patent on Pozen Inc.’s arthritis and ulcer drug Vimovo in an inter partes review requested by the Coalition for Affordable Drugs, an organization started by hedge fund manager Kyle Bass.

  • February 22, 2017

    Spanish Antitrust Watchdog Pushes For Tweaks To IP Laws

    The competition authority in Spain released a report Tuesday on proposed reforms to the nation’s patent laws, calling for simplified application procedures and streamlined rates.

  • February 22, 2017

    Qualcomm Appeals $905M Korean Antitrust Fine Over Patents

    Qualcomm has appealed a roughly $905 million fine from South Korea's antitrust watchdog over its patent licensing practices and sought to put the penalty on hold as it fights a multijurisdictional battle over the way it uses its intellectual property.

  • February 22, 2017

    States' Suboxone Product-Hop Claims Fail, Indivior Says

    Indivior Inc. asked a Pennsylvania federal judge on Tuesday to toss a case alleging it delayed the introduction of a competitor to Suboxone, saying the 35 states that brought the suit failed to allege how a new formula of the original drug prevented generics from succeeding in the market.

  • February 22, 2017

    Mylan Can't Shield Docs In $100M Tax Fight Over Drug License

    Mylan Inc. was ordered by a U.S. Tax Court judge to release to the IRS documents supposedly relating to its 2006 patent transaction with Forest Laboratories Holdings Ltd. in a $100 million tax bill fight, after the judge found that the materials, provided they exist, are “potentially relevant” in the case notwithstanding a subsequent amendment of the deal in 2008.

  • February 22, 2017

    Qualcomm Seeks To Consolidate 24 Antitrust Lawsuits

    Computer chipmaker Qualcomm Inc. has urged the U.S. Judicial Panel on Multidistrict Litigation to consolidate 24 antitrust lawsuits in the Southern District of California that allege the company fixed the price of microchips used in cellphones made by Apple Inc. and others.

  • February 22, 2017

    Berger Singerman Adds IP Litigator From Broad & Cassel

    Berger Singerman LLP has added an intellectual property and commercial litigator previously with Broad & Cassel as a partner in its Fort Lauderdale, Florida, office, the firm has announced.

  • February 22, 2017

    Justices Limit Reach Of Law On Overseas Patent Infringement

    The U.S. Supreme Court ruled Wednesday that the Federal Circuit was wrong to hold that shipping a single component of a patented invention to be combined with others overseas can be infringement, deciding that multiple components must be shipped in order to infringe.

  • February 21, 2017

    New Zealand Court OKs Kim Dotcom's Extradition To US

    A New Zealand court on Monday ruled that Megaupload Ltd. founder and accused online piracy kingpin Kim Dotcom can be extradited to the U.S., saying while Dotcom's alleged copyright offenses don't warrant removal to the U.S., he can still be extradited for fraud.

  • February 21, 2017

    Lidoderm Buyers, End Payors Win Cert. In Pay-For-Delay MDL

    Purchasers of the Lidoderm pain patch won class certification in an antitrust multidistrict litigation against Endo Pharmaceuticals and others on Tuesday when a California federal judge found that both direct purchasers and end-payors proved common injuries with alleged delays of a generic version of the drug.

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Fed. Circ. Provides Cautionary Tale On Markush Claiming

    Tom Irving

    A lesson for practitioners from the Federal Circuit's recent decision in Shire v. Watson is to use the Markush style of claim drafting with caution, such as only when truly necessary, for example, to avoid prior art, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • A Review Of Patent Owners' Early Expert Testimony At PTAB

    Harper Batts

    Last year, the Patent Trial and Appeal Board began allowing expert declarations in patent owner preliminary responses to inter partes review and covered business method petitions. In this article, Harper Batts and Chris Han of Baker Botts LLP look at how patent owners have utilized expert declarations with preliminary responses, and how the PTAB has relied upon such expert testimony at the institution decision stage.

  • Leveraging Trademark Law To Commercialize A Meme

    Catherine V. Riley

    Memes provide an enticing marketing opportunity, but navigating commercialization is complicated. If you have the luck and creativity to create a viral meme, using trademark protection, while still promoting its continued fair use, may be an effective route for ultimately capturing its commercial value, say Catherine Riley and Dorna Mohaghegh of Frankfurt Kurnit Klein & Selz PC.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Checking In On ITC Pilot Program For Redesigns

    Brian Busey

    The U.S. International Trade Commission has issued four decisions under its pilot program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products. The speed with which proceedings have progressed may encourage parties to make greater use of the program in the future, say Brian Busey and Aaron Rauh of Morrison & Foerster LLP.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • US Patent Practice Drifting Toward Approach Prevalent Abroad

    Gurneet Singh

    Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx

    Phillip Articola

    The Federal Circuit's decision Wednesday in Xilinx v. Papst serves as a lesson to patent owners that if they do not want to be hauled into potentially unfavorable jurisdictions to defend declaratory judgment actions, they should be careful as to what actions they perform in those jurisdictions, says Phillip Articola of Banner & Witcoff Ltd.