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Intellectual Property

  • September 7, 2018

    Failure To Name Parent Co. Sinks Sirius PTAB Challenges

    The Patent Trial and Appeal Board on Thursday rejected Sirius XM Radio Inc.’s challenges to three satellite signal patents the broadcaster has been accused of infringing, faulting Sirius for not naming its parent company as a party interested in the proceedings.

  • September 7, 2018

    Fed. Circ. Won't Rehear Foreign IP Venue Ruling In HTC Case

    The full Federal Circuit on Thursday said it would not reconsider a May ruling against HTC Corp. that refused to limit where foreign companies can be sued for patent infringement.

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    Health Hires: Pepper Hamilton, Perkins Coie, Davis Wright

    Pepper Hamilton LLP, Perkins Coie LLP, Davis Wright Tremaine LLP, Simmons & Simmons, McKool Smith PC and Lane Powell PC are the latest firms to boost their health and life sciences offerings, with former prosecutors, antitrust experts, cannabis specialists and more.

  • September 7, 2018

    Mass. 3D Printing Co. Says Rival's Suit A Sham To Drain Cash

    An ongoing feud between a pair of Massachusetts 3D printing companies took another turn Friday when one company accused the other of filing a sham intellectual property suit in federal court with the sole intention of driving its competitor out of business, pointing to recently unearthed text messages as proof.

  • September 7, 2018

    IP Hires: Perkins Coie, Dickinson Wright, Goodwin Procter

    In this week's round of intellectual property attorney moves, Perkins Coie boosted its Silicon Valley practice with an expert in copyright, trademark and brand protection, while Dickinson Wright nabbed a patent pro for its Austin office, and Goodwin Procter landed a patent litigation specialist in California. Here are the details on these and other notable IP hires.

  • September 6, 2018

    9th Circ. Questions Halved Attys' Fees After IP Trials

    Two Ninth Circuit judges questioned a lower court’s decision to halve the attorneys’ fees awarded to a sculptor who successfully sued a Hoover Dam cafe for copyright infringement and breach of contract, noting Thursday that even though the suit had to be retried, preparation for the first trial was used for its successor.

  • September 6, 2018

    Fed. Circ. Backs Mastercard PTAB Win On Payment Patent

    The Federal Circuit on Thursday left intact a second Patent Trial and Appeal Board invalidation of an inventor’s payment patents as anticipated by prior art, following arguments by Mastercard that the PTAB carefully considered the court's remand instructions after vacating the first invalidation.

  • September 6, 2018

    Judge Sanctions Business Partner In Jimi Hendrix TM Suit

    A New York federal judge on Thursday hit a business partner of Jimi Hendrix's brother with $4,000 in sanctions in a trademark dispute with the late rock star's estate, saying the partner had repeatedly missed discovery deadlines.

  • September 6, 2018

    Judge Tells Thelonious Monk’s Estate To ‘Get Real’ In IP Row

    A California federal judge on Thursday urged counsel for the estate of jazz legend Thelonious Monk to settle its case accusing a brewery of infringing its trademarks, saying his client needs to “get real” about what it wants from the brewery and that it's “sad” that a deal between the parties that once funded jazz education has devolved into litigation.

  • September 6, 2018

    Full Fed. Circ. Urged To Rehear Network IP Suit Against Yahoo

    TS Patents LLC has asked the full Federal Circuit to revive its patent infringement suit over computer network capabilities against Yahoo Inc., arguing the panel should not have upheld the lower court’s dismissal because Federal Circuit precedent limits judges’ ability to nix certain patents at the pleading stage.

  • September 6, 2018

    USPTO Gets An Earful About Planned Fee Hike At Hearing

    Intellectual property groups and inventors pressed the U.S. Patent and Trademark Office at a hearing Thursday for more information about why it is planning to raise many of its patent fees and what the money will be used for, arguing that several proposals seem excessive.

  • September 6, 2018

    Fed. Circ. Hands Win To Supernus Over Generic Seizure Drug

    The Federal Circuit on Thursday upheld a New Jersey federal judge’s decision finding that Supernus Pharmaceuticals Inc. patents related to its anti-epilepsy drug are valid and infringed by generics maker TWi Pharmaceuticals Inc., saying that the court did not improperly give a related case preclusive effect.

  • September 6, 2018

    Lululemon Secures Fed. Circ. Win In Row Over Sports Bra IP

    The Federal Circuit on Thursday affirmed a Delaware federal court’s determination that Lululemon did not infringe the asserted claims of a patent covering a sports bra, based in part on how the lower court construed a term for how to adhere materials.

  • September 6, 2018

    Swan-Shaped Pool Float Isn't Trade Dress, 2nd Circ. Says

    The Second Circuit ruled Thursday that a Long Island pool products company couldn’t claim exclusive trade dress rights to a large inflatable swan, calling the effort “impermissibly overbroad.”

  • September 6, 2018

    Chicago IP Firm Wants Ex-Partner's Defamation Suit Tossed

    The founder of a Chicago intellectual property firm asked an Illinois state court judge on Tuesday to throw out a defamation suit filed by a former partner, saying the comments the firm made to its clients about the partner after terminating him are true.

  • September 6, 2018

    The Village Recorder Lodges TM Suit Against Film Studio

    Los Angeles recording studio the Village Recorder lodged a trademark suit against a Louisiana-based studio called Village Studios on Wednesday, claiming Village Studios is piggybacking on the goodwill of the more famous studio.

  • September 5, 2018

    Are PTAB Appointments Unconstitutional? A Closer Look

    Patent owners in two cases have recently urged courts to rule that the way Patent Trial and Appeal Board judges are appointed violates the U.S. Constitution. Here's a breakdown of the theory behind this effort to curtail the board's authority, and how it could shake up patent law.

  • September 5, 2018

    Disney Shakes Nearly All Of State 'Zootopia' Rip-Off Suit

    A California judge on Wednesday dismissed the bulk of a screenwriter’s suit alleging Disney’s “Zootopia” ripped off ideas he pitched to the studio, following the dismissal of a similar federal suit, saying that only the movie’s title itself bears similarities to the writer’s unproduced treatment.

  • September 5, 2018

    Facebook Hits BlackBerry With Patent Suit Of Its Own

    Facebook Inc. accused BlackBerry Ltd.’s devices of infringing patents related to instant messaging, GPS systems, computer security and other functions in a lawsuit filed Tuesday in California federal court, turning the tables on BlackBerry after it accused Facebook of infringement earlier this year.

Expert Analysis

  • Responding To Fed. Circ.'s Latest Patent Damages Test

    Eric Phillips

    Although the Federal Circuit's decision last month in Power Integrations v. Fairchild appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure, say Eric Phillips of VLF Consulting Inc. and Amol Parikh of McDermott Will & Emery LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • How Fed. Circ. Nike Ruling May Change Inter Partes Review

    Michael Fleming

    While the U.S. Supreme Court held that any inter partes review final written decision must decide the patentability of all claims challenged in the petition, it left open the question of whether the decision must address all grounds raised in the petition. The Federal Circuit recently provided an answer in Adidas v. Nike, say Michael Fleming and James Milkey of Irell & Manella LLP.

  • Opinion

    A Decade Of US Patent Reform Must Not Be Undone

    John Thorne

    Recent reforms in America's patent system have nurtured a remarkable burst of American innovation. Despite this, legislation has been filed in Congress that would effectively repeal the America Invents Act and overturn a number of U.S. Supreme Court decisions, says John Thorne of the High Tech Inventors Alliance.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Trends And Predictions For Serial Biologic Drug IPR Petitions

    Frederick Millett

    Frederick Millett and Robert Schwartz of Fitzpatrick Cella Harper & Scinto reviewed 107 biologic drug inter partes review petitions to see how the U.S. Supreme Court's SAS decision and the Patent Trial and Appeal Board's precedential General Plastic decision are likely to affect biologics IPRs.

  • Post-SAS, To File Or Not To File A Preliminary Response?

    Christopher McKee

    Following the U.S. Supreme Court's SAS decision, those faced with an inter partes review petition are unsure whether it is worthwhile for the patent owner to consider filing a preliminary response. But based on 21 recent IPR decisions to institute a trial, it appears that the preliminary response still has potential value, says Christopher McKee of Banner & Witcoff Ltd.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • The Meaning Of 'At Least 1 Of A And B' At PTAB

    Braden Katterheinrich

    The Patent Trial and Appeal Board's 2017 Jung decision — recently designated as "informative" — establishes that the U.S. Patent and Trademark Office presumes a narrower interpretation of the phrase “at least one of A and B” than many courts and board panels have previously found, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.

  • SAP Ruling's Curious Approach To Subject Matter Eligibility

    Jeffrey Mann

    While the Federal Circuit's conclusion in SAP v. InvestPic meshes nicely with years of Section 101 jurisprudence, the decision awkwardly invoked an antiquated rationale, say Jeffrey Mann and J. Colby Van Horn of Stroock & Stroock & Lavan LLP.