Intellectual Property

  • March 23, 2017

    Amazon Loses Bid To Arbitrate Broadcom Tablet, Tech IP Row

    A California federal judge on Wednesday rejected Amazon's bid to force Broadcom and Avago to arbitrate their claims that Amazon is infringing a slew of its patents, ruling that Broadcom didn't agree to arbitrate its claims when it signed a customer agreement with Amazon Web Services.

  • March 23, 2017

    Generics Face Antitrust Suit Over Antidepressant Prices

    Generic drug makers Sandoz, Mylan and Par Pharmaceuticals were slapped with an antitrust suit in Pennsylvania federal court on Wednesday, accusing them of colluding to increase the price for amitriptyline, an antidepressant.

  • March 23, 2017

    Zillow Wants $8.3M Verdict In Image Infringement Suit Tossed

    Real estate website Zillow on Wednesday claimed a jury erred last month when it gave a real estate photography company more than $8.3 million for its copyright violation claims against Zillow, saying it could not be held liable for images that were handled entirely by automatic systems.

  • March 23, 2017

    Private Equity Co. Wants Quick Win Against $89M IP Suit

    Energy companies locked in a battle over patent licensing for an energy catalyzer filed dueling motions for summary judgment this week, with the patent owner insisting it has a right to enforce its contract and the licensees saying the device didn’t perform as promised.

  • March 23, 2017

    BREAKING: Tax Court Backs Amazon In $234M Transfer Pricing Dispute

    Amazon won a major victory in its $234 million tax dispute with the Internal Revenue Service on Thursday when the U.S. Tax Court ruled that the methods it used to determine payments from its Luxembourg subsidiary for the licensing of intellectual property associated with online European operations were reasonable.

  • March 23, 2017

    Jury Awards TRX $6.8M In Fitness Equipment Patent, TM Row

    A California federal jury on Wednesday awarded the company behind popular TRX exercise equipment roughly $6.8 million after finding that rival fitness equipment maker and seller WOSS Enterprises LLC willfully infringed its patent for a resistance-based exercise device, as well as a trademark.

  • March 23, 2017

    Patent Licensing Cos. Fight To Save IP Row From Dismissal

    Two patent licensing companies on Wednesday hit back at a magistrate's recommendation to dismiss their infringement suits against Cigna, Consumer Cellular and others over 10 patents covering targeted email marketing technology, arguing that the defendants haven't established that the asserted claims are abstract under Alice.

  • March 23, 2017

    NYC Celeb Chefs Settle Trademark Beef Over 'Landmark'

    Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has reached a settlement to drop a trademark lawsuit over plans for an eatery named “Landmark” at the nearby site of the old Four Seasons restaurant.

  • March 23, 2017

    Photographers Fight Fees After Contract Loss To AP, NFL

    Photographers whose claims against The Associated Press, the NFL and Replay Photos over royalties from their pictures were dismissed by a New York federal judge asked the court not to grant the attorneys' fee requests put forth by the defendants, arguing Wednesday that their case wasn’t objectively unreasonable.

  • 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 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.

Expert Analysis

  • What's Left Of Laches Post-SCA Hygiene

    Jerry R. Selinger

    Following the U.S. Supreme Court's decision Tuesday in SCA Hygiene v. First Quality, laches is no longer a defense to a claim for past damages in patent cases. However, at least some penumbra of laches remains available, says Jerry Selinger of Patterson & Sheridan LLP.

  • Expectations For High Court Patent Exhaustion Decision

    Charlie Steenberg

    The U.S. Supreme Court is likely 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.