Intellectual Property

  • January 19, 2018

    Government To Shut Down After Band-Aid Funding Falls Off

    The federal government is set to shut down early Saturday morning after Senate Democrats blocked a short-term funding measure, following a breakdown in spending negotiations and partisan wrestling over immigration policy.

  • January 19, 2018

    Lab’s Peptide IP Suit May Run Aground On Safe Harbor

    A California federal judge told Medical Diagnostic Laboratories LLC on Friday that he may have to dismiss its patent infringement suit over its proprietary peptides because they were allegedly used by Protagonist Therapeutics Inc. to develop an autoimmune disorder drug for U.S. Food and Drug Administration approval, an activity protected by the safe harbor rule.

  • January 19, 2018

    NCAA Scores Default Victory In Basketball Tourney TM Suit

    An Indiana federal judge on Thursday put a permanent stop to a video game creator’s infringement of the National Collegiate Athletic Association’s “March Madness” and “Final Four” trademarks, siding with the NCAA after he and his company failed to respond to the complaint on time.

  • January 19, 2018

    Record Cos. Sue Music App Over 'Massive' Infringement

    Sony, Warner Bros. and other major labels repped by the Record Industry Association of America hurled copyright claims against Fit Radio LLC in Georgia federal court on Thursday, alleging that the music app is committing "massive scale" infringement.

  • January 19, 2018

    DOJ Antitrust, FTC Chiefs Signal Continued Focus On IP

    The head of the U.S. Department of Justice's antitrust division and the Federal Trade Commission's acting chairman both said Friday that competition enforcers have a role to play in helping protect intellectual property rights in order to encourage innovation, but warned against going to far.

  • January 19, 2018

    USPTO Floats Patent Regs To Ax Under '1 In, 2 Out' Plan

    The U.S. Patent and Trademark Office on Friday proposed eliminating several regulations, including ones dealing with patent amendments and America Invents Act reviews, to comply with an executive order that agencies discard two regulations for each new one they issue.

  • January 19, 2018

    Fed. Circ. Gives Patent Damages Experts More Flexibility

    The Federal Circuit’s decision to toss out a $48 million award Exmark won against Briggs & Stratton should alleviate concerns about patent drafting tricks being used to inflate damages awards, although attorneys said it will give experts more flexibility in their damages analyses.

  • January 19, 2018

    Fed. Circ. OKs Gilstrap Erasing Jury's Invalidity Verdict

    U.S. District Judge Rodney Gilstrap was right to let a jury skip ruling on whether a medical device maker’s patents were valid after they found a competitor didn’t infringe them, and he was clear to send the jury back when they did rule on validity, the Federal Circuit said Friday.

  • January 19, 2018

    Software Developer Gets 5 Years For Stealing Source Code

    A software developer arrested in late 2015, who pled guilty to economic espionage and theft of a trade secret in New York federal court, was sentenced Friday to five years in prison for stealing source code from his former employer, with apparent plans to sell it and use it for the Chinese government.

  • January 19, 2018

    Brand Battles: Green Bay Packers Tackle 'Titletown' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Green Bay Packers grapple with a newspaper giant over the nickname "Titletown," Sonic Drive-In tries to stop a craft brewer's "Sonic" cocktail, and Iceland protects its name against an unauthorized vodka brand.

  • January 19, 2018

    BoingBoing Owner Wants Out Of Playboy's Copyright Suit

    The owner of online news site BoingBoing urged a California federal court Thursday to toss Playboy’s copyright infringement suit over a story that linked to a slideshow of every centerfold the men’s magazine ever published, saying that linking to others’ content isn’t against the law.

  • January 19, 2018

    Cornell, Life Tech Must Arbitrate IP Settlement Fight

    Cornell University must arbitrate its claim that Life Technologies Corp. tricked it into settling a suit accusing a third company of infringing their DNA and RNA sequencing patents, a Delaware federal magistrate judge said Friday.

  • January 19, 2018

    Applebees, IHOP Can't Toss TM Suit Over Splenda Knockoff

    An Indiana federal judge Thursday said operators of Applebee’s and International House of Pancakes restaurants can’t escape a trademark infringement suit from the maker of Splenda alleging the restaurants deceptively offer a knockoff low-calorie sweetener in a similar yellow packet, saying a color may be protected as a trademark.

  • January 19, 2018

    Sony, Movie Producer Settle Suit Over 2014 Cyberattack

    The producer of the 2015 film "To Write Love On Her Arms" agreed to settle its breach of contract claims against Sony Pictures over the leak of its film to the public in the wake of the 2014 Sony cyberattack.

  • January 19, 2018

    Samsonite, Others Urge Fed. Circ. To Rethink Lock IP Ruling

    Samsonite and other luggage makers on Thursday urged the Federal Circuit to reconsider its decision last month that they could be liable for jointly infringing a luggage lock patent with the Transportation Security Administration, saying the panel misapplied the law on joint infringement and conflicts with prior rulings.

  • January 19, 2018

    IP Hires: Akerman, Grant & Eisenhofer, Levi & Snotherly

    In this week’s intellectual property partners on the move, an ex-McKool Smith attorney and the former senior counsel of Samsung open an International Trade Commission-focused firm, Akerman hires a pair of ex-Sedgwick media pros, and Grant & Eisenhofer launches a patent practice in Delaware. Here are details on the IP attorneys who have landed new jobs.

  • January 19, 2018

    Merck Loses Bid To Revive Antibiotic Patent In Fed. Circ.

    The Federal Circuit on Thursday held firm in its decision to invalidate a patent covering Merck’s antibiotic Invanz, which was being challenged by Pfizer Inc. unit Hospira, despite arguments from Merck that the patent came from unique research.

  • January 19, 2018

    Helsinn Wants On-Sale Bar Ruling Held For High Court Appeal

    The Federal Circuit has given Teva Pharmaceuticals until Monday to reply to Helsinn Healthcare’s last-ditch bid to keep Teva from launching a generic version of Helsinn’s Aloxi anti-nausea drug while it seeks to take its patent case to the U.S. Supreme Court.

  • January 19, 2018

    TTAB Greenlights New Logo For Pitney Bowes

    The Trademark Trial and Appeal Board has ruled that logistics firm Pitney Bowes can register its logo as a trademark for mailing services, overturning a decision that said a screenshot of the company’s website was not enough to prove it was using the design for that purpose.

  • January 18, 2018

    Fox Seeks To Toss 'Gone Girl' Infringement Suit

    Twentieth Century Fox asked an Illinois federal judge Wednesday to dismiss a suit brought by a screenwriter who alleges the studio’s hit 2014 film “Gone Girl” infringed upon her work and that the author of the book the movie was based on had also copied from her.

Expert Analysis

  • Opinion

    An Important Evidentiary Issue In The ‘Blurred Lines’ Appeal

    Richard Busch

    The "Blurred Lines" verdict on copyright infringement and the district court’s decision sustaining that verdict were not at all surprising, decided in conformity with well-established Ninth Circuit precedent. However, there was an evidentiary decision that, if it stands on appeal, could have far-reaching implications for future cases, says Richard Busch of King & Ballow, who represents the Gaye family in this case.

  • Fed. Circ. Presens Ruling Provides Insights On Prior Art

    Samuel Drezdzon

    The technology at issue in University of Maryland v. Presens offers patent practitioners a relatively straightforward illustration of the useful but sometimes tricky technique of starting with a primary reference’s base physical structure and/or principle of operation, and modifying it with a more narrowly tailored teaching from a second reference, says Samuel Drezdzon of Haynes and Boone LLP.

  • Tips For Overcoming Unfavorable ITC Initial Determination

    Daniel Valencia

    The adjudication process at the U.S. International Trade Commission, which involves discovery and trial before an administrative law judge, is followed by a “final initial determination” that goes to the full commission for review. This stage warrants proper attention for both complainants and respondents seeking to change the course of a Section 337 proceeding, says Daniel Valencia of Covington & Burling LLP.

  • When And How To Use Conjoint Analysis For Patent Damages

    Daniel Korczyk

    Under the right conditions, conjoint analysis is appealing as a mechanism to help disaggregate royalty rates consistent with relative contributions of technology components to a product’s overall value. There are several factors to consider in determining whether it is the appropriate damages methodology, says Daniel Korczyk of GlassRatner Advisory & Capital Group LLC.

  • IPR Appeals In 2017: The Outcomes In Remands To PTAB

    Kerry Taylor

    One reason why there were few 2017 inter partes review remand decisions that reached the same result as the pre-remand decisions may be that the Federal Circuit has left less room for the Patent Trial and Appeal Board to do so, say Kerry Taylor and Clayton Henson of Knobbe Martens.

  • Oil States Patent Dispute Will Affect Bankruptcy Courts

    Benjamin Feder

    A patent dispute before the U.S. Supreme Court this term, Oil States v. Greene’s, concerns the limits of Congress’ ability to create courts under Article I and therefore raises separation-of-power issues similar to those in Stern v. Marshall, where the Supreme Court limited the authority of the bankruptcy courts, says Benjamin Feder of Kelley Drye & Warren LLP.

  • IPR Appeals In 2017: The Pendency And Success Rates

    Kerry Taylor

    To help litigants forecast the amount of time an inter partes review appeal will take, attorneys with Knobbe Martens analyzed each IPR appeal decided by the Federal Circuit over the last year and compiled statistics.

  • A Definiteness Reminder For Pharmaceutical Patent Drafters

    Brian Trinque

    The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.