Intellectual Property

  • February 21, 2018

    LinkedIn Can't Relate Data Spat To Craigslist Case, Co. Says

    Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.

  • February 21, 2018

    DOJ Antitrust Chief Wants Closer IP Enforcement With EU

    U.S. Department of Justice antitrust division chief Makan Delrahim argued in a speech Wednesday at the College of Europe in Bruges, Belgium, for a closing of the enforcement policy gap between U.S. and European authorities on matters of intellectual property and treatment of “unilateral conduct” by individual companies.

  • February 21, 2018

    Sonos Gets Judge To Kill Home Audio Patent Under Alice

    A Delaware federal judge on Tuesday invalidated a home audio patent that D&M Holdings accuses rival Sonos of infringing, saying the invention is routine and conventional in one of the first decisions to apply new Federal Circuit rules for such summary judgment motions.

  • February 21, 2018

    Kendrick Lamar Sued Over Video For 'Black Panther' Track

    A visual artist sued singer-songwriter Kendrick Lamar and several record labels for alleged copyright infringement Tuesday, saying they used her artwork in a "Black Panther" soundtrack music video after she twice denied permission.

  • February 21, 2018

    Disney Suit Against Redbox Is Copyright Misuse, Judge Says

    A California federal judge on Tuesday refused to give Walt Disney Co. a court order that would have barred Redbox from renting digital movies at its kiosks, calling the studio’s case a misuse of copyright law.

  • February 20, 2018

    Fed. Circ. Denies Samsonite's Rehearing Bid In Lock IP Row

    The Federal Circuit on Tuesday denied a petition for en banc rehearing lodged by Samsonite and other luggage makers in January, refusing to reconsider its decision that the companies could be liable for jointly infringing a luggage lock patent with the Transportation Security Administration.

  • February 20, 2018

    Swarmify Can’t Point To Trade Secret, CloudFlare GC Says

    During the sealed portion of a hearing last week, the video streaming startup Swarmify “was unable to articulate a protectable trade secret” stolen by CloudFlare, the company’s general counsel told Law360 Tuesday, after a California federal judge said he could respond to Swarmify's public statements about the closed session.

  • February 20, 2018

    Biotech Co. Says Rival Violated Deal With Press Releases

    Biotech company Codexis Inc. bashed rival EnzymeWorks Inc. and its founder Junhua Tao on Tuesday for allegedly violating a deal to end a lawsuit, which accused Tao in California federal court of ripping off its trade secrets and patents, when EnzymeWorks issued a press release about that very settlement.

  • February 20, 2018

    Fed. Circ. OKs Killing Money Transfer Patent Under Alice

    The Federal Circuit on Tuesday upheld U.S. District Judge Rodney Gilstrap’s decision to invalidate claims in four Integrated Technological Systems Inc. patents tied to money transfers in the newest of several high-profile decisions over how to interpret the U.S. Supreme Court’s Alice test.

  • February 20, 2018

    Comcast Seeks Speedy Review Of TiVo Patent Case

    Comcast Inc. has asked the Federal Circuit to follow an expedited schedule in its review of an International Trade Commission decision prohibiting the cable and broadband company from importing set-top cable boxes found to infringe a patent held by TiVo Corp.

  • February 20, 2018

    Amgen Seeks To Hold Off Generics In FDA Denial Challenge

    Amgen Inc. on Monday asked a D.C. federal judge to order the U.S. Food and Drug Administration to temporarily refrain from approving any generic versions of its blockbuster drug Sensipar while it appeals a recent order that found the agency properly denied pediatric exclusivity for the calcium-control drug.  

  • February 20, 2018

    Frank Ocean Sues Producer Over 'Blonde' Tracks Authorship

    Singer-songwriter Frank Ocean is accusing a music producer of falsely attempting to claim authorship of songs on his 2016 hit album “Blonde,” alleging “a serious and substantial violation” of his rights under the Copyright Act in a complaint filed in California federal court Tuesday.

  • February 20, 2018

    Citing 'Time Travel,' DeLorean Hits Beauty Co. With TM Suit

    DeLorean Motor Co., set to relaunch the iconic 1980s sports car made famous in “Back to the Future,” is suing a cosmetics company for trademark infringement for using the DeLorean name on an “age-suspending” lotion.

  • February 20, 2018

    Fed. Circ. Backs Google’s PTAB Word-Recognition Patent Win

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision that a word-recognition patent challenged by Google is invalid as obvious, ruling that while one of the board’s two rulings on the patent was wrong, the other was correct.

  • February 20, 2018

    Has Rule 36 Peaked At The Federal Circuit?

    The number of patent cases the Federal Circuit ruled on without writing an opinion is in decline for the first time in recent years, amid criticism over the court’s use of these “silent decisions” and a plateau in its patent workload.

  • February 20, 2018

    ‘The Federal Circuit Has Strayed’: 2017 In Patent Dissents

    The Federal Circuit was in a mostly agreeable mood last year, with only 7 percent of decisions including a dissent or concurrence compared with 10 percent in 2016, but the judges still found plenty of ways to criticize their colleagues’ reasoning. Here are some of 2017’s most biting and noteworthy dissents.

  • February 20, 2018

    King & Spalding DQ Bid Shouldn’t Be Complex, Judge Says

    What Judge Barry Ostrager had hoped would be a quick dispute over whether to disqualify King & Spalding LLP from representing an animal health company in international arbitration stretched for two hours on Tuesday, with three more witnesses set to take the stand on Wednesday.

  • February 20, 2018

    PTAB Won't Review FedEx's 2nd Challenge To Shipping Patent

    The Patent Trial and Appeal Board on Tuesday denied a petition from FedEx seeking review of a shipping and transit patent owned by Intellectual Ventures, saying that the package delivery giant’s arguments to institute a review on the patent, which it had challenged once before, were “unpersuasive.”

  • February 20, 2018

    Judge Transfers Storage War Over Search Engine Optimization

    A federal judge in Massachusetts on Tuesday kept alive, but transferred to Texas, a small storage facility’s claim that misleading website URLs undercut state and federal antitrust and trademark laws for an edge in Google search results.

  • February 20, 2018

    Medical E-Records System Maker Counters Rival's $30M Suit

    Electronic medical records company ZenCharts LLC responded Friday to a $30 million suit by rival Kipu Systems, denying claims it ripped off Kipu's cloud-based records system and adding its own counterclaims that Kipu has interfered with its legitimate efforts to build a superior system.

Expert Analysis

  • Why President Ford Belongs On Copyright’s Mount Rushmore

    David Kluft

    Many of the American presidents we traditionally honor on Presidents’ Day contributed to the development of U.S. copyright law. You may not think of Gerald Ford, but he signed into law the Copyright Act of 1976 and his memoirs played an important part in defining the fair use doctrine, says David Kluft of Foley Hoag LLP.

  • Hearsay Hurdle: Proving Nonpatent Literature Is Prior Art

    Rachel Emsley

    For petitioners at the Patent Trial and Appeal Board, showing nonpatent literature publications to be “prior art” presents a twofold challenge. The PTAB recently discussed the public accessibility issue. But the second issue — whether the evidence comports with the Federal Rules of Evidence — may be less familiar to parties at the PTAB, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • A Back-To-Basics Approach To Patent Damages Law

    Aaron Fahrenkrog

    The Federal Circuit's recent decision in Finjan demonstrates how creating patent-specific rules for damages creates uncertainty for future litigants. The patent community would benefit from the law of patent damages returning to fundamental tort and evidentiary principles, say attorneys with Robins Kaplan LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • 6 Mistakes To Avoid When Talking To Patent Jurors

    Dan Gallipeau

    On more than one occasion, I have seen patent counsel start the opening by saying to the jury, “This is a really complex case that will be hard to understand at times, but we will get through it together.” Sounds like preparation for a root canal, says Dan Gallipeau of Dispute Dynamics Inc.

  • Protecting Trade Secrets Disclosed To The FDA

    Douglas Nemec

    Considering the U.S. Food and Drug Administration's increased focus on transparency, life science companies should take a fresh look at the protections over trade secret information disclosed to the FDA and be prepared to resist the disclosure of such information, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Reconsidering Accelerated Examination — While It's Still Here

    Howard Levy

    The U.S. Patent and Trademark Office recently indicated that its accelerated examination program could be terminated. While the persistent criticisms of accelerated examination are valid, they might not justify the distinct rarity of AE usage, says Howard Levy of Cantor Colburn LLP.