Intellectual Property

  • June 23, 2017

    Elsevier Wins $15M Judgment Against Pirate Research Site

    Elsevier Inc., a major publisher of scientific information, has won a $15 million default judgment in its New York federal copyright suit against Sci-Hub, an online database that allows users to bypass Elsevier’s paywalls and access works for free.

  • June 23, 2017

    Ivanka Trump To Be Deposed In Italian Shoe Trade Dress Suit

    Ivanka Trump must sit for a deposition in a dispute with an Italian shoe company accusing her brand of copying its design for a high-heeled suede sandal, a New York federal judge said Friday.

  • June 23, 2017

    Cal Ripken Jr. Co. Accused Of Infringing Ball Machine IP

    Cal Ripken Jr.’s baseball camps were sued in Maryland federal court on Friday for allegedly infringing a pair of patents covering automatic dispensing systems through the way they use certain baseball practice machines.

  • June 23, 2017

    Fed. Circ. Axes Prism’s Patents In Appeal Of T-Mobile Win

    The Federal Circuit sided with T-Mobile on Friday after the wireless carrier fended off a $100 million infringement lawsuit by Prism Technologies LLC at trial, and it went further than the lower court by invalidating Prism’s authentication server patents as noninventive, abstract ideas under Alice.

  • June 23, 2017

    ALJ Nixes Patents In ITC Probe Of Electronic Tolling IP

    A U.S. International Trade Commission administrative law judge deemed invalid Thursday a pair of radio frequency identification, or RFID, patents used in electronic tolling of moving cars, finding the patents lacked a written description and were anticipated and obvious.

  • June 23, 2017

    Urban Outfitters Seeks Quick Exit From Coachella TM Suit

    Urban Outfitters Inc. asked a California federal court Thursday to dismiss it from a trademark lawsuit brought by Coachella Music Festival, arguing the relevant allegations of stolen intellectual property are aimed solely at its co-defendant and subsidiary Free People.

  • June 23, 2017

    Football Helmet Maker Blasts Riddell's Venue Arg In IP Row

    The maker of Schutt Sports football helmets blasted a bid by Riddell Inc. to dodge a suit alleging it infringed three helmet design patents, arguing Thursday that the Texas federal case is right where it belongs, as the rival companies clash with dueling infringement suits.

  • June 23, 2017

    Fed. Circ. Affirms Sweeping PTAB Win For Straight Path IP

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that largely upheld the validity of three Straight Path IP patents related to real-time video teleconferencing technology, handing the licensing firm a decisive win after a series of attacks from telecom giants like Samsung and Cisco.

  • June 23, 2017

    Sears Seeks New Judgment After $6M Verdict In Wrench Suit

    Sears Holdings Corp. and Apex Tool Group LLC asked an Illinois federal judge Thursday to overturn a jury’s $6 million patent verdict against them, claiming the jury made an emotion-fueled decision unmoored by the law.

  • June 23, 2017

    Ex-USPTO Dep. Director Slifer Rejoins Schwegman Lundberg

    Russell Slifer, a former U.S. Patent and Trademark Office deputy director, will return to Schwegman Lundberg & Woessner P.A. more than two decades after starting his career there, the firm announced this week.

  • June 23, 2017

    Brand Battles: Sony Rips Brewer's 'Breaking Bad' Beer Name

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sony Pictures Television takes aim at a craft brewer's "Breaking Bad"-inspired beer name, Men's Wearhouse goes after an "American Warehouse," and Monster Energy is accused of "trademark bullying."

  • June 23, 2017

    PTAB Rejects 2nd Attack On Diebold Check-Reader Patent

    The Patent Trial and Appeal Board on Thursday denied a second bid from Nautilus Hyosung to invalidate part of rival Diebold's patent for a check-reading device, dismissing arguments that not hearing the challenge could be "tantamount to an outright prohibition on subsequent petitions."

  • June 23, 2017

    Bankrupt BCBG Seeks Go-Ahead For $131M Asset Sale

    BCBG Max Azria Group LLC asked a New York bankruptcy court Friday to approve a $131 million sale of intellectual property, stores and other assets, with a hearing for the clothing retailer's Chapter 11 plan slated for next month.

  • June 23, 2017

    Fed. Circ. Nixes Win, Attys' Fees In Wastewater IP Row

    The Federal Circuit on Friday reversed a lower court’s decision to grant a quick win and attorneys’ fees to a wastewater disinfection company accused of patent infringement, vacating the award and reviving the case because the ruling was based on the judge’s “mistaken view” of the technology.

  • June 23, 2017

    Ex-BigLaw Atty Taps Proskauer For Post-Verdict Defense

    Robert Schulman, the former Hunton & Williams LLP patent lawyer convicted of insider trading on a Pfizer deal, has tapped a Proskauer Rose LLP appellate partner for his post-verdict defense, a Thursday filing said.  

  • June 23, 2017

    5th Circ. Affirms Quantlab's $12.2M Trade Secrets Win

    The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.

  • June 23, 2017

    Native Mascot Foes Eye Public Arena After High Court Loss

    The U.S. Supreme Court's blockbuster decision striking down a federal ban on registering offensive trademarks cemented the legal right of the Washington Redskins and other sports teams to trademark Native American-themed names and logos, but critics of those teams will now redouble their efforts to turn public opinion against the use of those marks.

  • June 23, 2017

    Pfizer Biosimilar Delayed By FDA Warning Letter

    Pfizer has disclosed that the U.S. Food and Drug Administration has rejected its proposed biosimilar of blockbuster anemia drugs sold by Amgen and Johnson & Johnson, the latest fallout from an inspection-related warning letter.

  • June 23, 2017

    Engineer Gets Time Served For Military Documents Theft

    An engineer who pled guilty in December to economic espionage and attempted export of defense articles to China without a license for taking copies of military aircraft designs to China was sentenced on Thursday in Connecticut federal court to time served, after spending 30 months behind bars.

  • June 23, 2017

    Zynga Latest To Invoke TC Heartland In Gambling IP Row

    Video game developer Zynga followed in DraftKings and FanDuel's footsteps and urged a Nevada federal court Thursday to transfer a gambling technology patent suit against the developer, saying the new TC Heartland precedent supports a move to California.

Expert Analysis

  • Summary Affirmances Could Undo The Fed. Circ.

    Matthew Fagan

    For the past two years, the Federal Circuit has relied on summary affirmances in nearly 60 percent of its cases. Thus, if the U.S. Supreme Court were to find, as recent cases argue, that the law requires the Federal Circuit to issue a written opinion in all cases, it could drastically slow down the appeals process, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.

  • TC Heartland Considerations For Hatch-Waxman Cases

    Mark Deming

    The U.S. Supreme Court's TC Heartland decision may be felt strongly in the Districts of New Jersey and Delaware, which are home to more than 75 percent of Hatch-Waxman cases. Brands and generics alike will be faced with important, strategic decisions that may reshape the landscape of Hatch-Waxman litigation in the years to come, says Mark Deming of Polsinelli PC.

  • IPR Oral Argument Rules Offer Opportunities, Pitfalls

    Zachary Silbersher

    While inter partes review proceedings are essentially trials on paper, the Patent Trial and Appeal Board affords either party the right to an oral argument. It resembles argument in district court, but there are substantive and logistical differences, says Zachary Silbersher of Kroub Silbersher & Kolmykov PLLC.

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • A Bipartisan Call For STRONGER Patents

    Chris Coons

    The American patent system has been weakened by recent court decisions and unintended consequences of the post-issuance proceedings at the U.S. Patent and Trademark Office. That is why I introduced the STRONGER Patents Act on Wednesday,​ says Sen. Chris Coons, D-Del.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • How 21st Century Cures Act Affects Combination Products

    Shana Cyr

    One of the more interesting changes under the 21st Century Cures Act for combination products is that certain device applications for drug-device combination products will be subject to some of the Hatch-Waxman Act provisions that typically apply only to drugs, say Shana Cyr and Tom Irving of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Update On Discovery Of Patent Prosecution Communications

    Jeffrey Thomas

    Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.