Intellectual Property

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Patent Venue Questions Persist 18 Months After TC Heartland

By Matthew Bultman

Eighteen months after the U.S. Supreme Court limited where patent suits can be filed, courts continue to wrestle with questions about venue rules. Here is a look at recent decisions that have provided some guidance.
November 16, 2018
What Construction Attys Must Know On Information Modeling

Building information modeling — a collaborative, multi-dimensional “blueprint” well-known across the construction industry — has been popular since at least the turn of the century, but that doesn’t mean it comes without concerns for construction lawyers and their clients.
November 16, 2018
PTAB Invalidates Antecip's Bone Treatment Patent

The Patent Trial and Appeal Board has wiped out an entire Antecip Bioventures II LLC patent covering a drug used to treat bone problems, a ruling that came in a post-grant review prompted by Grunenthal GmbH.
November 16, 2018
Power Integrations Wins Latest IP Trial Against Fairchild

A Delaware federal jury on Thursday found that Fairchild Semiconductor International induced third parties to infringe competitor Power Integrations Inc.'s power supply controller patent, awarding nearly $720,000 just one week after Power Integrations won $24 million in another Delaware trial between the two rivals.
November 16, 2018
Viacom Wins Bid To Cut Off Ninja Turtles 'Parody' Show

A New Mexico federal judge granted Viacom International Inc. default judgment in an infringement suit against the creator of a Teenage Mutant Ninja Turtles live-action show Thursday, finding that the show is not a parody and will likely confuse consumers as to the show's ownership.
November 16, 2018
IT Co. Not Owed Coverage Of Trademark Suit, Judge Says

A Virginia federal court ruled Friday that Sentinel Insurance Co. doesn’t have to defend or indemnify information technology company Synaptek Corp. in a trademark infringement lawsuit brought by a similarly named competitor, holding that all of the underlying claims are clearly excluded from coverage under Synaptek’s policy.
November 16, 2018
Split Fed. Circ. Won't Revive Amazon Challenge To Security IP

A split Federal Circuit panel on Friday affirmed a Patent Trial and Appeal Board decision that Amazon failed to establish that the asserted claims of a patent covering a computer security system are invalid.
November 16, 2018
Ion PTAB Wins Can't Kill $93M Jury Award, Fed. Circ. Hears

Ion Geophysical Corp. can't escape a $93.4 million lost-profits jury award over technology used for oil exploration beneath the ocean floor even though several of rival firm Schlumberger Ltd.'s related patent claims were struck down, Schlumberger told a Federal Circuit panel Friday.
November 16, 2018
ITC To Revoke Cease And Desist Orders Against Toshiba

The U.S. International Trade Commission has agreed to rescind a ban it imposed last month preventing Toshiba from importing certain memory devices that rip off a semiconductor patent after the company and the intellectual property’s owner struck a licensing deal.
November 16, 2018
With Iancu On Panel, PTAB OKs Review Of Keyboard Patent

The Patent Trial and Appeal Board has agreed to review a patent for an illuminated keyboard that was challenged by Taiwanese LED company Lite-On Technology Corp., with a panel decision that included U.S. Patent and Trademark Office Director Andrei Iancu.
November 16, 2018
Fed. Circ. Backs PTAB’s Decision To Uphold Blender Patent

The Federal Circuit on Friday affirmed a Patent Trial and Appeal Board decision that part of a F’Real Foods LLC patent related to a self-cleaning blender was not invalid, upholding a victory for the milkshake maker in its dispute with Hamilton Beach Brands Inc.
November 16, 2018
Monster Energy Scares Up $5M Win In Calif. TM Trial

An automotive tool company infringed the trade dress of beverage giant Monster Energy Co.’s trademark green-and-black “monster” packaging with its “Monster Mobile” line of tools, a California federal jury found Friday, while declining to rule the infringement willful and awarding a $5 million verdict far short of the $50 million Monster sought.
November 16, 2018
Split PTAB Won't Review 2nd Challenge To Sprinkler Patent

The Patent Trial and Appeal Board refused to review a patent covering a fire protection sprinkler system challenged by United Fire Protection Corp., holding in a split decision that an earlier challenge to the same patent by a different company would have given United Fire an unfair advantage in these proceedings.
November 16, 2018
Tech Groups Eager For NAFTA's Modern Face-Lift

A throng of tech sector business associations gave mostly high marks to the Trump administration’s revamp of the North American Free Trade Agreement on Friday, stressing the need for the deal to catch up with a business climate that has changed drastically since the agreement's 1994 implementation.
November 16, 2018
Health Hires: Quinn Emanuel, Goodwin, Ropes & Gray

The newest round of hires in the health and life sciences industries have found homes at Quinn Emanuel Urquhart & Sullivan LLP, Goodwin Procter LLP, Ropes & Gray LLP, Nelson Hardiman LLP, Nichols Liu LLP, K&L Gates LLP, Manatt Phelps & Phillips, Sumner Schick LLP and a handful of companies in need of GCs.
November 16, 2018
Fed. Circ. Revives Computer Security Patent Axed Under Alice

The Federal Circuit on Friday reversed a lower court ruling that a computer security patent asserted against HTC Corp. is invalid under the U.S. Supreme Court’s Alice standard, saying the patent is not directed to an abstract idea.
November 16, 2018
UK Litigation Roundup: Here's What You Missed In London

The last week has seen a new suit against Credit Suisse over debt investment, Kuwait's social security agency take on Man Group, and Allianz and several food distributors sue one of the world's biggest container shipping companies. Here, Law360 looks at those and other new claims in the U.K.
November 16, 2018
Brand Battles: Eagles Aim To Sack 'Philly Special' TM

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Philadelphia Eagles file their first case over the trademark rights to their famous “Philly Special” trick play, and Warner Bros. says there's no place like TTAB to file a case over a "Wizard of Oz"-themed craft beer.
November 16, 2018
Texas Justices To Review Conspiracy Time-Limit Rule

A case that a lower appellate judge argued would give the Texas Supreme Court a chance to clarify “murky” and “muddled” precedent that sets a two-year limit to bring civil conspiracy claims will be argued before the state's high court in January, the justices announced Friday.
November 16, 2018
IP Hires: Robins Kaplan, McCarter & English, Womble Bond

In this week’s round of intellectual property attorney moves, Robins Kaplan added a partner with more than 20 years of experience in patent litigation, McCarter & English landed two IP partners seasoned in life sciences, and Womble Bond found the new head of its Patent Trial and Appeal Board trials practice in California. Here are the details on these and other notable IP hires.
November 15, 2018
Fed. Circ. Puts PTAB Assignor Estoppel To Rest

The Federal Circuit’s ruling that inventors can challenge their own patents in inter partes review puts to rest the issue of assignor estoppel at the Patent Trial and Appeal Board, while illustrating the reach of the court’s ruling in Wi-Fi One.

Editor's Picks

What You Need To Know About IP Litigation Around The Globe

The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
The Big Picture: One Year After TC Heartland

One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The Big Picture: PTAB At The High Court

The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.

Expert Analysis

Don't Overreact To Fed. Circ. Design Patent Ruling

Before adopting a doomsday view of the Federal Circuit's Maatita holding on the enablement and definiteness requirements for design patents, several practical points should be considered, says Mark Vogelbacker of Eckert Seamans Cherin & Mellott LLC.
Rise Of The CMOs

Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.
Rebuttal

Multiple IPR Petitions For Same Claim Are Often Not Repetitive

Some commentators have suggested that the practice of filing more than one inter partes review petition directed to a particular patent claim is abusive. But we looked at the numbers, and there is little evidence of “serial attacks” and “duplicate filings,” say Michael Berta and Patrick Reidy of Arnold & Porter.
How Patent Attorneys Can Be Better Business Developers

Patent attorneys are uniquely positioned to be rainmakers. They should emphasize certain traits — it may sound counterintuitive, but introversion is one of them, says Karen Katz of Suffolk University Law School.
Opinion

What The 2nd Circ. Missed In Religious Trademark Case

The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.
Q&A

A Chat With Bryan Cave Innovation Chief Katie DeBord

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.
When A Patent Disclosure Is Not A Disclosure

The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure. However, the court's recent decision in FWP IP v. Biogen points to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.
Simple Secrets For Improving Your CLE

With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.
It’s Time For Law Firms To Start Talking About Gen Z

Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
Employee Nonsolicitation Terms Now Likely Void In California

In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

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