Intellectual Property

  • October 19, 2017

    ILife Wants Nintendo Infringement Award Upped To $25M

    A technology company asked a Texas federal judge Thursday to award it a total of $25 million for its win against Nintendo by adding prejudgment interest to the $10.1 million verdict handed down from a jury that found Nintendo infringed a motion detection patent through its Wii gaming system.

  • October 19, 2017

    PTAB Uses Recent Precedent In Backing Elm Over Samsung

    The Patent Trial and Appeal Board rejected Samsung’s challenge to a semiconductor patent it has been accused of infringing, capping a series of victories for the owner, Elm 3DS Innovations, with a ruling that builds upon a holding that put limits on multiple petitions.

  • October 19, 2017

    PTAB Issues 1st AIA Deadline Extension To Address Aqua

    The Patent Trial and Appeal Board, in a first-of-its-kind ruling, has extended its deadline to issue a final decision in an America Invents Act review of a Hologic Inc. medical device patent, determining there was good cause following the Federal Circuit’s recent Aqua Products decision.

  • October 19, 2017

    Fed. Circ. Rules Judge Wrongly Axed Merck NuvaRing Patent

    The Federal Circuit on Thursday reversed a lower court’s decision that some claims of a Merck patent on the birth control device NuvaRing are invalid, ruling in a dispute involving a Teva unit that the judge improperly used hindsight to find the patent obvious.

  • October 19, 2017

    Benihana Asks 2nd Circ. Not To Revive Counterpart's Suit

    The American arm of the Benihana restaurant chain asked the Second Circuit on Wednesday not to revive a suit alleging it tried to force its international counterpart into handing over that counterpart's franchises, arguing that a lower court properly held the America arm was acting in its economic best interest.

  • October 19, 2017

    Throwing Shades: 3 Rulings On Color TMs You Need To Know

    Deere & Co. won a major trademark ruling last week over the green-and-yellow color scheme of its John Deere tractors, but suing over colors is still no easy feat. If you want to do so successfully, here are three more recent rulings you need to read.

  • October 19, 2017

    NY Tribe, Texas Co. Slap Patent Suits On Amazon, Microsoft

    The Saint Regis Mohawk Tribe and Texas-based computer company SRC Labs LLC hit Amazon and Microsoft with separate patent infringement suits in Virginia federal court Wednesday, claiming the companies copied computing technology that was created by SRC and is now owned by the New York tribe.

  • October 19, 2017

    Ex-Lead PTAB Judge Heads To Haug Partners

    Haug Partners has hired a former lead judge at the Patent Trial and Appeal Board who wrote decisions involving drug patent challenges backed by hedge fund manager Kyle Bass.

  • October 19, 2017

    Supreme Court, AIA Gutted Patents, Ex-Fed. Circ. Chief Says

    The combination of recent Supreme Court decisions and congressional action has “seriously hobbled our vaunted patent system,” former Federal Circuit Chief Judge Paul Redmond Michel said in an impassioned speech at an intellectual property conference Thursday, citing a 60 percent drop in patent values and vanishing investments in research and development.

  • October 19, 2017

    Samsung Loses Bid To Beat Touchscreen Patent at PTAB

    The Patent Trial and Appeal Board on Wednesday refused to find certain claims in a government contractor’s touchscreen technology were unpatentable as obvious, ruling against Samsung Electronics Co.’s bid to undermine an infringement suit it faces over Galaxy products in Michigan federal court.

  • October 19, 2017

    'Indefinite' Lufthansa Patent Still Invalid, Fed. Circ. Says

    The Federal Circuit on Thursday affirmed a Washington federal court’s decision invalidating Lufthansa’s maintenance and engineering unit patent covering voltage supply technology for airplane seats as indefinite, but adopted different reasoning by asserting that the patent claims were unclear.

  • October 19, 2017

    Apple's IPhone X Copies 'Animoji' Mark, App Developer Says

    Apple Inc.'s latest iPhone includes a new feature for animating emojis that rips off an existing app called "Animoji" with a similar function, an app developer said Wednesday in California federal court.

  • October 19, 2017

    NYC Can't End 'Tavern On The Green' TM Pact, Court Told

    A successor to the former operator of the Tavern on the Green restaurant in Central Park told a federal court on Wednesday that New York City isn’t entitled to a ruling essentially nixing an agreement whereby the city allowed the company to use the name for other eateries, saying that the city can't show the pact was breached.

  • October 19, 2017

    'Spinal Tap' Actors Add Universal To $400M Royalties Suit

    Four film stars on Thursday beefed up allegations in their $400 million suit against French media giant Vivendi SA over alleged unpaid royalties for their roles in the 1984 sleeper hit “This Is Spinal Tap,” adding details about the alleged fraud and new claims against Universal Music Group, and demanding back their trademark rights and copyrights.

  • October 19, 2017

    Sharp Can't Remand TV Quality Row With Chinese Licensee

    Sharp Corp. can't get its suit against entities associated with Chinese electronics manufacturer Hisense sent back to state court, with a California federal court finding Wednesday it has jurisdiction because one of the entities that licensed the Sharp trademark and is accused of misrepresenting the quality of its televisions is owned by the Chinese government.

  • October 19, 2017

    Chamberlain Fights New-Trial Bid After $3.8M Patent Win

    Chamberlain Group Inc. urged an Illinois federal judge on Wednesday not to disturb a $3.8 million patent trial win, saying rival Techtronic Industries Co. Ltd. strategically shelved a claim-construction protest before trial and can’t resurrect it now.

  • October 19, 2017

    Pryor Cashman Scores Former Liner Entertainment Partner

    Pryor Cashman LLP has nabbed a former Liner LLP partner in Los Angeles with substantial experience handling complex business litigation, arbitration and mediation in North America, Europe and Asia, particularly in entertainment, media and intellectual property law matters, the firm announced Wednesday.

  • October 18, 2017

    VidAngel Files For Ch. 11 After 9th Circ. Copyright Loss

    Movie filtering service VidAngel Inc. filed for bankruptcy in Utah Wednesday saying that it owes its current and former subscribers $4.7 million in credit after a preliminary injunction was issued in a infringement suit brought by Walt Disney and other Hollywood studios.

  • October 18, 2017

    PTAB Makes Opinion Limiting Multiple Petitions 'Precedential'

    The Patent Trial and Appeal Board on Wednesday made precedential a crucial opinion from back in September that laid out the parameters for how multiple challenges to the same patent will be evaluated, making it binding on all future cases.

  • October 18, 2017

    Fed. Circ. Nixes PTAB Ruling Denying Air Freshener Patent

    The Federal Circuit on Wednesday vacated and remanded a Patent Trial and Appeals Board decision invalidating an air freshener patent in light of its recent ruling that patent owners should not shoulder the burden of proving the viability of their patents.

Expert Analysis

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • The Limitations Of Patent Prosecution Data Analytics

    Peter Sleman

    Before the advent of analytical tools like Juristat, it was almost impossible to compare law firms on patent prosecution without sampling file histories. Now firms can finally be compared on a macro basis, but the statistics can be skewed for a number of reasons, says Peter Sleman of Wei & Sleman LLP.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • 5 Lessons From 5 Years On The Bench At PTAB

    Trenton Ward

    During my tenure as administrative patent judge, I witnessed some excellent advocacy on behalf of parties appearing before the Patent Trial and Appeal Board, and I also witnessed some less than stellar representation. I have some tips to offer, says Trenton Ward, a partner at Finnegan Henderson Farabow Garrett & Dunner LLP and former PTAB judge.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Take Down Or Stay Down: Digital Piracy And Trade Negotiation

    Dean Pinkert

    As NAFTA renegotiation reaches a critical juncture, an area of discussion that involves exceptionally difficult trade-offs concerns measures to combat digital piracy, says Dean Pinkert, a partner with Hughes Hubbard & Reed LLP and former vice chairman of the U.S. International Trade Commission.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.

  • How Will High Court Rule On IPR? Clues In A Thomas Dissent

    Kayvan Noroozi

    The U.S. Supreme Court is highly likely to find inter partes reviews constitutional in Oil States. The strongest indication lies in Justice Clarence Thomas’ 2015 dissent in B&B Hardware — a case that has received no substantive discussion in the hundreds of pages of briefing filed thus far, says Kayvan Noroozi, principal at Noroozi PC and CEO of Koios Pharmaceuticals LLC.

  • Aqua Products: Watershed Decision Or Barely A Ripple?

    Naveen Modi

    A deeply fractured en banc Federal Circuit in Aqua Products v. Matal has shifted the burden of persuasion onto petitioners to establish the unpatentability of amended claims proffered by patent owners during inter partes review proceedings. But the U.S. Patent and Trademark Office may attempt to promulgate regulations reimposing the burden of persuasion on patent owners, say attorneys with Paul Hastings LLP.