Intellectual Property

  • December 6, 2017

    Alice Ruling Premature In HP Suit, Fed. Circ. Judge Suggests

    A Federal Circuit judge suggested Wednesday that an Illinois trial court was too quick to use the Supreme Court’s Alice standard to invalidate a digital-archiving patent that has been asserted against Hewlett-Packard Co., saying there was still a genuine factual dispute as to whether the invention was abstract.

  • December 6, 2017

    China Drove Worldwide IP Growth In 2016, Study Finds

    China dominated worldwide intellectual property growth in 2016 as filings for patents, trademarks and industrial designs throughout the globe set records, according to an annual report by the World Intellectual Property Organization.

  • December 6, 2017

    Dinsmore & Shohl Opens Cleveland Office With 5 IP Attys

    Dinsmore & Shohl LLP has announced that it has brought on board five intellectual property attorneys and 10 administrative staff members from McDonald Hopkins LLC to open a Cleveland office in an effort to continue expanding the firm’s footprint in Ohio.

  • December 6, 2017

    Chinese Cybersecurity Law Giving Companies Headaches

    Four out of five businesses feel uneasy about China’s new national cybersecurity law, which could force them to divulge data security measures to Chinese authorities, according to a poll released on Wednesday.

  • December 6, 2017

    PTAB Kills 2 Arctic Cat Power Patents In AIA Review

    The Patent Trial and Appeal Board on Tuesday invalidated claims on two patents asserted by ATV maker Arctic Cat Inc., finding the claims to be anticipated and obvious over prior art in an America Invents Act inter partes review.

  • December 6, 2017

    Gilstrap Can't Erase Jury’s Patent Verdict, Fed. Circ. Hears

    A medical device maker urged a Federal Circuit panel in oral arguments Wednesday to restore a Texas federal jury’s original conclusion that claims of two spinal correction device patents were invalid, a finding erased by U.S. District Judge Rodney Gilstrap in what the company called an “unprecedented” Seventh Amendment violation.

  • December 6, 2017

    Co. Fights To Save Patent On Urine Bags Used By Pilots

    American Innotek Inc. fought to overturn a ruling that its patent covering waste disposal bags used by U.S. Air Force pilots was obvious during an appeal before a Federal Circuit panel Wednesday.

  • December 5, 2017

    H&M, Unicolors Face Off On Day 1 Of Fabric Copyright Trial

    Fabric-maker Unicolors Inc. told a California federal jury on the opening day of a copyright trial Tuesday that H&M ripped off one of its patterns for a jacket and skirt, while the clothing retailer countered that it never even saw the design.

  • December 5, 2017

    Synopsys Tells Justices Fed. Circ. Ignored Law, Precedent

    Synopsys Inc. has urged the U.S. Supreme Court to review a pair of Federal Circuit patent principles it says ignore the Patent Act and high court precedent, yet were applied by the appellate court to keep in place a $36 million infringement judgment in favor of Mentor Graphics.

  • December 5, 2017

    Celltrion Wants Janssen To Give Up Docs From Samsung Suit

    Celltrion Inc. on Tuesday asked a Massachusetts federal court to order Janssen Biotech Inc. to turn over documents from Janssen’s recently dismissed lawsuit against Samsung Bioepis Co. Ltd., arguing that the information is relevant for its defense against Janssen’s instant suit over Pfizer Inc.’s biosimilar anti-inflammatory biologic Remicade.

  • December 5, 2017

    Roxane Fights Vanda Antipsychotic Dose Patent In Fed. Circ.

    Roxane Laboratories told a Federal Circuit panel Tuesday that Vanda Pharmaceuticals' dosage method patent for its antipsychotic Fanapt is “quintessential conventional activity,” in its effort to overturn a Delaware court's finding its proposed generic version of the drug infringed the patent.

  • December 5, 2017

    Co. Hopes Briefs Can Save Photo Patent Google Nixed In PTAB

    Google defended its Patent Trial and Appeal Board victory over Summit 6 in Federal Circuit oral arguments Tuesday, but the smaller tech company will rely on briefs to argue the PTAB erred in voiding the patent of a commercially successful photo uploading system companies such as eBay paid millions to use.

  • December 5, 2017

    Pharma Co. Slams Patent Challenge Standing In Fed. Circ.

    Pharmaceuticals company Bristol-Myers Squibb Co. asked the Federal Circuit Tuesday to reject for lack of standing a competitor’s appeal of a U.S. Patent Trial and Appeal Board decision upholding its patent for a biologics product, saying the company cannot show injury because it has not yet developed a product that infringes the patent.

  • December 5, 2017

    Ill. Auto Parts Co. Sues Competitor For Bogus Patent Claims

    Illinois-based EZ Stak LLC, a company that sells “modular work truck interior” equipment, sued a competitor in Illinois federal court Tuesday, claiming the competitor had falsely accused it of patent infringement for its equipment designs, and therefore cost the company tens of thousands of dollars in potential business.

  • December 5, 2017

    Fed. Circ. Says PTAB Wrongly Upheld Patent In Netflix Case

    The Federal Circuit on Tuesday ruled that the Patent Trial and Appeal Board should have invalidated even more claims of a patent for switching a software session from one network-enabled device to another, in a win for challengers, including Netflix and Hulu.

  • December 5, 2017

    9th Circ. Tackles The Case Of The Bright Green Earplugs

    Moldex-Metric urged the Ninth Circuit on Tuesday to again revive allegations rival McKeon infringed its trademark shade of green for industrial-use earplugs, saying a lower court wrongly found the color was unprotectable because it served an essential function — allowing workers to see whether colleagues are wearing them.

  • December 5, 2017

    Micron Tech Says Rivals Conspired To Steal Talent, Secrets

    Micron Technology Inc. accused two companies in Taiwan and China of recruiting its employees and stealing valuable information about Micron’s dynamic random access memory integrated circuits in an attempt to become viable rivals to the California company, according to a suit filed Tuesday.

  • December 5, 2017

    Bovine Breeding Tech Co. Seeks To Revive Patent Claims

    A company specializing in sex selection technology for semen used in artificial insemination of animals on Tuesday sought to resurrect portions of patents for sorting and freezing bovine semen for transport, telling a Federal Circuit panel that the Patent Trial and Appeal Board improperly struck down challenged aspects of the patents as obvious.

  • December 5, 2017

    Texas Roadhouse Ends TM Beef With Rival Restaurant

    Texas Roadhouse Inc. and Texas Corral Restaurants Inc. have agreed to end Roadhouse's trademark infringement suit over a logo featuring a map of the state of Texas wearing a cowboy hat, according to documents filed in Indiana federal court Tuesday, with both parties agreeing to bear their own costs.

  • December 5, 2017

    CORRECTED: IP Attny Says New Regs Will Increase Patent Amendments

    An increase in the number of motions to amend challenged patents is likely following the recent issuance of new guidance lowering the burden on such claims Buchanan Ingersoll & Rooney PC's Patrick C. Keane predicted Monday.

Expert Analysis

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • High Transparency May Help SSOs Under Attack By DOJ

    David Newman

    Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.

  • Hatch-Waxman And Copying: An Exception To The Exception?

    Jonathan Bachand

    The Federal Circuit's recent decision in Merck Sharp & Dohme v. Hospira could be read to conflict with the court’s own precedent regarding the relevance of copying in abbreviated new drug application cases, say Jonathan Bachand and Ashley Morales of Knobbe Martens.

  • High Court May Quash PTAB, But ITC Practice Will Live On

    Lisa Kattan

    It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.

  • A Post-Lexmark Plan For Multiple Inventive Methods Of Use

    Jorge Goldstein

    Following the U.S. Supreme Court's decision this year in Impression Products v. Lexmark, companies — particularly pharmaceutical companies — should look to obtain multiple distinct patents with method-of-use claims in order to insulate at least part of their patent portfolios from the defense of patent exhaustion, say Jorge Goldstein and Neil Shull of Sterne Kessler Goldstein & Fox PLLC.

  • How The Gov't Defends PTAB Partial Institution Rule

    Jason Nolan

    The U.S. Patent and Trademark Office’s persuasive brief in SAS Institute v. Matal — set for oral argument on Nov. 27 — suggests this inter partes review case may improve the government’s winning percentage at the U.S. Supreme Court, says Jason Nolan of Duane Morris LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.