Intellectual Property

  • August 14, 2017

    TerraVia Wants IP Award Row Sent To Del. Bankruptcy Court

    Bankrupt algae-based food producer TerraVia Holdings Inc. asked a district court judge in Delaware to transfer two lingering intellectual property suits to bankruptcy court late Friday, saying closure is critical to the company’s planned Chapter 11 auction.

  • August 14, 2017

    IBM Settles Data Processing Patent Suit With Trial Looming

    IBM Corp. settled an infringement suit Monday just as a freshly picked jury was about to sit for trial, according to a notice alerting a California federal judge that it had reached an accord in a long-running multivenue fight over patents for data storage.

  • August 14, 2017

    Asus, Via Settle IP Theft, Employee Defection Suit

    Via Technologies Inc. and rival chipmaker Asus Computer International have ended their dispute over whether an Asus unit lured ex-Via employees to steal valuable intellectual property covering USB 3.0 technology, according to Friday court records.

  • August 14, 2017

    IP Trade Association Pushes USTR To Adopt NAFTA Priorities

    A trade association focusing on intellectual property rights recommended Friday that the U.S. trade representative address patent dispute resolution, longer patent extension terms, patentability standards, the Canadian review board for drug prices, and protections for U.S. investors in renegotiations with Canada of the North American Free Trade Agreement.

  • August 14, 2017

    Uber Can't Selectively Waive Atty-Client Privilege: Judge

    Uber can’t use attorney-client privilege as both “a shield and a sword” as it defends against Waymo’s claims it stole self-driving car secrets, a federal magistrate judge said Monday, ruling that a conversation involving an Uber lawyer, then-CEO Travis Kalanick and then-executive Anthony Levandowski is protected, even though Uber has said it’s not.

  • August 14, 2017

    Daimler Wants Wheel IP Suit Against Amazon Resumed

    Daimler AG asked a Washington federal court to resume its lawsuit against Inc. Friday, saying a U.S. International Trade Commission probe into knockoff wheels sold by the online retailer was resolved with issues key to the suit still undecided.

  • August 14, 2017

    Trump Takes Protracted Route In New China IP Probe

    President Donald Trump on Monday refrained from launching a formal enforcement action against China for its alleged shirking of U.S. tech companies’ intellectual property rights, opting instead to call for a broad examination of the issue that could eventually lead to more concrete steps down the road.

  • August 14, 2017

    Morton Salt Served With Infringement Suit By Ex-Partner

    Salt giant Morton and its German parent company, K+S Salt LLC, were hit with a 15-count suit in Illinois federal court on Friday that claimed Morton violated trade secret, trademark and contract law after ending a decadeslong business relationship with a smaller salt company.

  • August 14, 2017

    Costco Hit With $19M Damages In Tiffany Trademark Fight

    A New York federal judge ruled Monday that Costco Wholesale Corp. must pay more than $19 million in a long-running trademark battle with Tiffany & Co., increasing a damages award handed down by a jury last year.

  • August 14, 2017

    FDA's Hatch-Waxman Group To Tackle Wider Generics Issues

    When the U.S. Food and Drug Administration's new working group meets to discuss modernizing the Hatch-Waxman Act and increasing generic competition, experts expect it to touch on a wide range of issues, including REMS, complex drug-device combinations and requirements for getting an abbreviated new drug application approved.

  • August 14, 2017

    USPTO Wants Nix Of PTAB Ruling Undone In VW Dispute

    The U.S. Patent and Trademark Office urged the Federal Circuit Friday to rehear a decision vacating the Patent Trial and Appeal Board’s invalidity findings on three of EmeraChem's patent claims for car engine cleaning technology, saying it wrongly prohibited the board from considering a prior art reference on remand.

  • August 11, 2017

    Greatbatch-AVX Trial's Willfulness Stage Ends In Hung Jury

    A Delaware federal jury deadlocked Friday on a Greatbatch Ltd. claim that AVX Corp. acted willfully when it infringed a medical implant component patent, ending a week of split trial outcomes for the two industry competitors and longtime intellectual property antagonists.

  • August 11, 2017

    Zazzle Hit With $460K Verdict Over Copyright Infringement

    Zazzle Inc. was hit with a $460,000 verdict in California federal court after a jury found it had infringed a publisher's copyrights for nearly 40 paintings by allowing users to have the works printed on blank mugs, canvas and other items, according to a Thursday order.

  • August 11, 2017

    Broadcom Accuses Tessera Subsidiary Of Infringement

    Broadcom Limited and its subsidiary Avago Technologies General IP Pte. Ltd. asked the U.S. International Trade Commision Thursday to investigate the alleged improper importation of wireless audio systems, ranging from speakers to amplifiers, that it simultaneously accused of infringing a patent covering audio processing for wireless systems in California federal court.

  • August 11, 2017

    Percept Patent Suit Over VR Tech Rerouted To Delaware

    Percept Technologies will have to litigate its suit accusing Fove Inc. of infringing its virtual reality technology patent in Delaware after a judge ruled Fove can’t be sued in Nevada simply because it attended a trade show there and allegedly sold a VR headset to a Las Vegas resident.

  • August 11, 2017

    Travelers Owes Key-Copier Defense In Rival's Suit

    A Travelers subsidiary breached its duty to defend Minute Key Inc. against allegations the self-service key duplication company falsely accused a competitor of patent infringement, and failed to establish that an exclusion for intellectual property claims barred coverage, a Colorado federal judge ruled Friday.

  • August 11, 2017

    Brand Battles: Uber, Novartis, Coachella, General Motors

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Uber takes on a mortgage lender with a similar name, Novartis faces drug name pushback from a rival pharma giant, Coachella targets a "Filmchella" application, and General Motors says its "Hummer" trademark is alive and well.

  • August 11, 2017

    Medical Device Cos. Must Arbitrate IP Dispute, Judge Says

    A Minnesota federal judge on Thursday tossed an intellectual property license dispute between two medical device companies over technology to treat a heart condition, finding that all of the still-live claims must be arbitrated in India.

  • August 11, 2017

    Fed. Circ. Preserves USPTO Win In Patent Atty's FOIA Suit

    The Federal Circuit on Friday left intact a lower court’s decision to toss a lawsuit from an attorney who accused the U.S. Patent and Trademark Office of violating the Freedom of Information Act by withholding information on its disciplinary investigation of him.

  • August 11, 2017

    IV Can't Skirt Antitrust Counterclaims, Capital One Says

    Capital One Financial Corp. on Thursday urged a Maryland federal court not to end its counterclaims accusing Intellectual Ventures I LLC of monopolizing the banking technology market in violation of the Clayton and Sherman acts.

Expert Analysis

  • How Fed. Circ. Guides PTAB On CBM Review: Part 2

    Brian Mudge

    Seven recent decisions show the Patent Trial and Appeal Board has adjusted its approach in evaluating whether a patent is eligible for covered business review following the Federal Circuit’s guidance in Unwired Planet and Secure Axcess, say Brian Mudge and Andrew Kasnevich of Andrews Kurth Kenyon LLP.

  • The State Of Biometrics Technology: The Uses, The Concerns

    Haydn Evans

    Despite early implementations dating back to the 2000s, biometrics technologies are still an emerging trend. Biometric identification and validation techniques are being introduced to new and more innovative industries — for both security purposes and personal convenience, says Haydn Evans of CPA Global.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • How Fed. Circ. Guides PTAB On CBM Review: Part 1

    Brian Mudge

    By recently declining en banc rehearing in Secure Axcess, the Federal Circuit may have placed a stamp of finality on the scope of covered business method review, say Brian Mudge and Andrew Kasnevich of Andrews Kurth Kenyon LLP.

  • Patent Venue: How We Got To TC Heartland, And What's Next

    Patrick Coyne

    The growth of the Eastern District of Texas as a venue for patent cases, which led to the U.S. Supreme Court's recent decision in TC Heartland, did not occur overnight. It was the result of seven factors that coalesced over decades, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • How The Grinch Stole Fair Use

    Jim Burger

    A case in the Southern District of New York centers on a play that presents a wicked spin on Dr. Seuss’ “How the Grinch Stole Christmas!,” and may test the boundaries of what is parody, what is transformative, and how much taking is “fair,” says Jim Burger of Thompson Coburn LLP.

  • What To Watch As FDA Begins To Fight Rising Drug Prices

    Sapna Palla

    As of last month, the U.S. Food and Drug Administration's reluctance to engage in drug price-control efforts may be changing. There are several controversial Hatch-Waxman issues that the FDA may set its sights on in the near future, say Sapna Palla and Kristyn Hansen of Wiggin and Dana LLP

  • Software IP — It's Not Just For Tech Cos. Anymore

    Joshua Simmons

    Software innovations are being made by companies in the entertainment, financial services, health care and media industries, among others. At the same time, it has become more complicated for counsel to advise on the best strategy for protecting those inventions, says Joshua Simmons of Kirkland & Ellis LLP.

  • Brexit Creates Uncertainty For IP

    Roberta Young

    Following Brexit, if the EU regulations directly applicable to intellectual property law are not transposed into English or Scottish law, a regulatory vacuum could be created. For patents, this could mean the first lack of substantive legal protection in over 700 years, says Roberta Young of Loza & Loza LLP.