Intellectual Property

  • 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.

  • February 12, 2018

    LA Property Owner Pushes For Trial In Fred Segal TM Suit

    A Los Angeles retail property investor facing trademark infringement claims from Fred Segal LLC urged a California federal judge on Monday to “at a minimum” send the case to a jury after she tentatively ruled to dismiss their counterclaims alleging they have a right to keep the fashion brand’s sign up on an iconic ivy-covered property on Melrose Avenue.

  • February 12, 2018

    Fed. Circ. Affirms ITC Import Ban On Infringing Bosch Saws

    The Federal Circuit affirmed Monday an International Trade Commission decision barring imports of certain Robert Bosch GmbH table saws that the agency had determined infringed safety patents held by SawStop LLC.

  • February 12, 2018

    USPTO Funding Holds Steady At $3.4B Under Trump Budget

    The U.S. Patent and Trademark Office would get $3.41 billion in funding under the 2019 budget President Donald Trump unveiled Monday, which would hold the office’s budget steady while many other government agencies face the prospect of major cuts.

  • February 12, 2018

    Fed. Circ. Rules PTAB Wrongly Rejected Drain Patent App

    The Federal Circuit upended a decision from the Patent Trial and Appeal Board rejecting an application for a patent on a drain valve, finding, in part, that the board didn’t adequately explain its conclusion that the invention was obvious.

  • February 12, 2018

    Gibson Dunn Scores IP Transactions Partner In Silicon Valley

    Gibson Dunn & Crutcher LLP announced Monday that it had hired a White & Case LLP partner with a high-profile intellectual and technology transactions practice for its Silicon Valley office.

  • February 12, 2018

    MillerCoors Hit With Trademark Suit Over Keystone Rebrand

    MillerCoors was sued for trademark infringement Monday by a California craft beer maker called Stone Brewing Co. over the giant’s recent decision to market its Keystone brand simply as “Stone.”

Expert Analysis

  • Oil States Patent Dispute Will Affect Bankruptcy Courts

    Benjamin Feder

    A patent dispute before the U.S. Supreme Court this term, Oil States v. Greene’s, concerns the limits of Congress’ ability to create courts under Article I and therefore raises separation-of-power issues similar to those in Stern v. Marshall, where the Supreme Court limited the authority of the bankruptcy courts, says Benjamin Feder of Kelley Drye & Warren LLP.

  • IPR Appeals In 2017: The Pendency And Success Rates

    Kerry Taylor

    To help litigants forecast the amount of time an inter partes review appeal will take, attorneys with Knobbe Martens analyzed each IPR appeal decided by the Federal Circuit over the last year and compiled statistics.

  • A Definiteness Reminder For Pharmaceutical Patent Drafters

    Brian Trinque

    The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • Martin Luther King Jr. And Copyright: 5 Things To Know

    David Kluft

    Monday is Martin Luther King Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister. Although copyright is not — and should not be — the first thing that comes to mind when we think of King, his legacy's impact on copyright law ought to be somewhere on the list, says David Kluft of Foley Hoag LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • The Latest Fed. Circ. Approach To 'Inference Of Intent'

    Francis C. Lynch

    The Federal Circuit's recent denial of further review in Regeneron v. Merus means that it is now established law that an adverse inference of wrongful intent can, in some circumstance, be drawn as a sanction for litigation misconduct without satisfying two Therasense requirements for making inferences of wrongful intent, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • Fed. Circ. Continues To Rein In PTAB

    Garrard Beeney

    This week's decision in Wi-Fi One v. Broadcomm continues a string of Federal Circuit efforts to limit the Patent Trial and Appeal Board's ability to review and invalidate patent claims. Wi-Fi One may expand the PTAB determinations subject to appeal, and it also has other implications for the inter partes review process, say Garrard Beeney and Stephen Elliott of Sullivan & Cromwell LLP.