Intellectual Property

  • December 7, 2017

    Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

    Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.

  • December 7, 2017

    The Biggest Patent Cases Of 2017

    The U.S. Supreme Court and the Federal Circuit had a busy year of reshaping patent law in 2017, issuing decisions that made major alterations to venue rules, patent exhaustion and amendments in inter partes reviews. Here’s a look back at the year’s most consequential rulings.

  • December 7, 2017

    Cartoon Network Ducks $50M 'Black Jesus' Copyright Suit

    Time Warner Inc. and the Cartoon Network on Wednesday escaped copyright infringement allegations that the channel’s “Black Jesus” show stole its premise from a short story called “Thank You, Jesus,” as a New York federal judge ruled the two Jesuses weren’t very similar and tossed the $50 million suit.

  • 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.

Expert Analysis

  • 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.

  • Winning Section 101 Motions By Defining The Abstract

    Brian Beck

    The Federal Circuit's latest Section 101 decision — Smart Systems v. Chicago Transit Authority — once again should guide patent litigators toward focusing their 101 motion practice around the goal of defining the central “idea” of the patent in their clients’ favor, says Brian Beck of SpencePC.

  • Why Trade Secret Litigation Is On The Rise

    Jeffrey Mordaunt

    The insight we gathered from analyzing federal trade secret cases decided since 1990 paints a clear picture of the far-ranging effects that the Defend Trade Secrets Act, patent law and the changing labor landscape will have on trade secret litigation going forward, say Jeffrey Mordaunt and Joshua Swedlow of Stout Risius Ross LLC.

  • Pharma Case Highlights Importance Of Unrebutted Evidence

    Joseph O'Malley

    Earlier this month, the Federal Circuit reversed a Delaware state court's decision in Bayer v. Watson, holding that the lower court failed to address the defendants' prior art references. This opinion joins a growing list of Federal Circuit opinions minimizing the objective indicia of nonobviousness, say attorneys with Paul Hastings LLP.

  • The Aftermath Of Impression Products V. Lexmark

    Brian Kacedon

    Following the U.S. Supreme Court's May decision in Impression Products v. Lexmark, the patent exhaustion landscape is likely to be shaped by two issues: When is a transaction properly viewed as a license rather than a sale, and are licenses attached to the product on sale enforceable? Answers might be gleaned from existing case law, say Brian Kacedon and Kevin Rodkey of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • An Uptick In Customer-Suit Exception After TC Heartland?

    Matthew Zorn

    One speculated consequence of TC Heartland is that patentees may choose to file lawsuits against other parties in the supply chain. If customer suits increase, practitioners and in-house counsel should become familiar with the “customer-suit exception” — an area that academics have called “forgotten” and in “relative disuse,” says Matthew Zorn of Yetter Coleman LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • A Rare Binding PTAB Decision: Guidance On Multiple Petitions

    Jennifer Bush

    The Patent Trial and Appeal Board's decision in General Plastic — designated “precedential" last month — describes how follow-on petitions will be evaluated. While the board stated that the seven Nvidia factors would serve as a “baseline” going forward, a few factors stood out as holding more weight than others, says Jennifer Bush of Fenwick & West LLP.