Intellectual Property

  • February 13, 2018

    Taylor Swift 'Shake It Off' Lyrics Suit Gets One More Shot

    A California federal judge on Tuesday said he’ll give a pair of songwriters one last shot to bring copyright claims against Taylor Swift for allegedly ripping off lyrics to the 3LW song “Playas Gon’ Play" in her 2014 hit “Shake It Off,” saying at the same time that the lines at issue are too short and insufficiently creative to merit Copyright Act protection.

  • February 13, 2018

    9th Circ. Botched Sanctions Ruling, Startup Argues

    Indiezone Inc. asked the Ninth Circuit on Tuesday to rethink its decision that a lower court correctly sanctioned the startup and its lawyer for bringing a “sham” company into its case alleging that former employees conspired to steal its $1 billion e-commerce processing software.

  • February 13, 2018

    LeClairRyan Can't Toss Malpractice Suit

    LeClairRyan is stuck defending against a malpractice suit brought by a disgruntled client, after a newly assigned Illinois federal judge refused to toss the case despite harsh words from a previous judge who called the client’s claims “bizarre” and “extraordinarily troubling.”

  • February 13, 2018

    Finjan Drops IP Retrial Against Symantec Unit, Signals Deal

    Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”

  • February 13, 2018

    PTAB Won't Review 2 Humira Patents In Sandoz Challenge

    The Patent Trial and Appeal Board denied challenges to two patents for AbbVie Inc.’s blockbuster autoimmune drug Humira, finding that generics maker Sandoz Inc. hadn’t shown they were likely invalid.

  • February 13, 2018

    VidAngel Asks 9th Circ. To Revive Claims Against Studios

    VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.

  • February 13, 2018

    Split 9th Circ. Backs EpiCept Win In Patent-Deal Suit

    A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.

  • February 13, 2018

    Quick Alice Wins May Be Tougher After Fed. Circ. Ruling

    The days of patents regularly being invalidated under Alice early in a case could be over following a Federal Circuit decision that a judge wrongly granted summary judgment that a patent claimed only abstract ideas, attorneys say, and the contentious issue may now go to juries.

  • February 13, 2018

    IBM Says Exec's Microsoft Move Flouted Noncompete

    IBM accused an outgoing top executive Monday of violating a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer, prompting a New York federal judge to temporarily block her from starting her new job at least until a hearing is held.

  • February 13, 2018

    Disney Says DVD Box Clearly Bars Redbox Download Resales

    Disney urged a California federal judge Monday not to toss its lawsuit alleging Redbox resells digital download codes for Disney flicks, arguing that terms clearly printed on the box prevent the movie rental giant from hawking the downloads on the secondary market.

  • February 13, 2018

    Part Of Map Patent Survives Google Challenge At PTAB

    The U.S. Patent Trial and Appeal Board found Monday that Google had shown certain claims of a Makor Issues & Rights Ltd. traffic system patent were invalid as obvious but said the internet giant failed to prove that several claims of a second Makor patent were void.

  • February 13, 2018

    After Big Waymo Settlement, Uber Criminal Probe Still Looms

    Uber paid hundreds of millions of dollars last week to settle civil accusations that it stole self-driving car technology from Google’s Waymo, but don’t forget: Federal prosecutors might still bring criminal charges over the same alleged theft.

  • February 13, 2018

    Sportswear Co. Wins Toss Of Some Claims In Domain Dispute

    An Arizona federal judge on Monday trimmed fraud and interference claims from an online gambling company's lawsuit that accused an Italian sportswear company of hijacking registered internet domains, but said the gambling company had plausibly suggested the website names had been improperly suspended.

  • February 13, 2018

    Nomadix Must Cough Up Patent Info In $11M Licensing Row

    A California federal judge on Monday ordered network device maker Nomadix Inc. to disclose patent information related to the counterclaims filed against it by a hotel entertainment company, explaining that the patent licenses could help establish damages in an $11 million suit over unpaid royalties.

  • February 13, 2018

    Iron Maiden Sues Sites Selling Counterfeit Merchandise

    British heavy metal band Iron Maiden is accusing several unidentified websites of selling counterfeit products that infringe its trademarks, according to a suit filed Monday in Illinois federal court.

  • February 13, 2018

    Judge Denies Phoenix New IP Trial But Refuses VMware Fees

    A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.

  • February 13, 2018

    Tavern On The Green Co. Keeps Fighting NYC For TM Rights

    The successor to the bankrupt operator of iconic New York restaurant Tavern on the Green asked a federal court Monday to nix the city’s trademark suit against it, arguing it paid $1.3 million to franchise the restaurant’s name and motifs.

  • February 13, 2018

    Jury Awards Microsoft $278K In Office IP Row With Corel

    A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.

  • February 13, 2018

    Arcade Bar Says Rivals In Texas Are Infringing TM

    Barcade, a New York-based company that operates bars featuring arcade games, defended its trademark in Texas federal court on Monday, filing suit against two West Texas bars it alleges have used the “barcade” mark in their advertisements.

  • February 13, 2018

    Crowell & Moring Boosts NY Office With Ex-Kirkland IP Atty

    Crowell & Moring LLP has added to its intellectual property group's New York office a former Kirkland & Ellis LLP attorney who brings more than a decade of experience in IP litigation and patent portfolio management.

Expert Analysis

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • High Court Considers Upending Patent Damages

    Rayiner Hashem

    The U.S. Supreme Court recently granted certiorari in WesternGeco v. Ion, a case that could have significant ramifications for U.S. patent holders who compete in foreign markets, say attorneys with MoloLamken LLP.

  • Beware Traps In Advisory Board Agreements

    David Leffler

    Advisory board agreements are often overlooked and ignored, and clients frequently sign them without your review. Yet, these agreements sometimes contain provisions that make breaching almost inevitable, says David Leffler of Culhane Meadows PLLC.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Sorting Out Single-Reference Obviousness At Fed. Circ.

    Andrew Bramhall

    Since 2008, Federal Circuit rulings have shown a tendency to impose on single-reference obviousness validity challenges the same set of requirements that apply when multiple references are asserted in combination, tailoring those requirements as necessary. Three recent inter partes review appeals offer important guidance to those asserting as well as those opposing single-reference obviousness, say Andrew Bramhall and Bill Margeson... (continued)

  • 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.