Intellectual Property

  • October 11, 2017

    Morton Salt Seeks To Lick Ex-Partner's Trade Secrets Suit

    Morton Salt Inc. demanded Tuesday that an Illinois federal judge dismiss a 16-count complaint against the company filed by ex-partner Mighty Deer Lick Inc., saying the suit alleges a breach of contract based on “non-existent promises.”

  • October 11, 2017

    Google Awarded $820,000 In Attys Fees In Patent Case

    A California federal judge awarded Google Inc. $820,000 in attorneys’ fees, in a decision unsealed Wednesday, after ending a patent suit brought by a company that knew it might not hold the necessary rights to litigate the dispute, finding the behavior exceptional under the Octane Fitness standard.

  • October 11, 2017

    Fed. Circ. Upholds Alice Ax Of Shipping Patent

    A Federal Circuit panel summarily affirmed Wednesday an Ohio court's decision tossing a multidistrict lawsuit that R&L Carriers Inc. brought against four shipping services companies alleging infringement of its shipping logistics patent.

  • October 11, 2017

    Fed. Circ. Upholds Order Nixing Caller ID Patent Under Alice

    The Federal Circuit on Wednesday upheld a lower court decision that Greenflight Venture Corp. called "unprecedented," finding a patent for reverse telephone technology, which Whitepages.com had been accused of infringing, was invalid under the U.S. Supreme Court's Alice standard.

  • October 11, 2017

    Lego Says Rival 'Grasping At Straws' In Copyright Suit

    Lego told a Connecticut federal court Tuesday that a rival "has resorted to grasping at straws” with its bid for a quick win on the toy giant’s copyright claims, contending that its competitor is trying to avoid taking responsibility for infringing despite admitting to copying its plastic figurines.

  • October 11, 2017

    Taiwan Fines Qualcomm $774M Over Mobile Chip Sales

    Qualcomm Inc. landed in more hot water with global antitrust enforcers on Wednesday over its sale and licensing of chips used for mobile devices, as Taiwan’s Fair Trade Commission fined the U.S. company 23.4 billion Taiwan dollars ($773.9 million).

  • October 11, 2017

    Fed. Circ. Upholds PTAB's Save Of Rohm And Haas Paint IP

    A Federal Circuit panel unanimously on Tuesday affirmed a Patent Trial and Appeal Board decision validating two Rohm and Haas Co. paint and ink polymer patents challenged by Organik Kimya AS, finding that the board correctly found them nonobvious over prior art.

  • October 11, 2017

    'American Idol' Parent Says Sony's Royalty Claims Are Barred

    "American Idol" producer CORE Entertainment moved Tuesday to shut down a suit by Sony Music Entertainment over unpaid royalties for Clay Aiken, Kelly Clarkson and other stars of the show, telling a New York bankruptcy court the claims are barred by CORE’s recent reorganization.

  • October 11, 2017

    Waymo Wants Uber's Autonomous Car Source Code For Trial

    With a trade secrets trial less than two months away, Waymo on Monday asked a California federal judge to make Uber Technologies Inc. hand over its self-driving car source code, saying it wants to compare it to code allegedly stolen by former Waymo employees.

  • October 11, 2017

    Athletic Clothing Brand Says Rutgers Swiped Logos

    Rutgers University and an assistant coach allegedly ripped off logos from an athletic lifestyle clothing brand as a way to feign sponsorship and bolster recruiting efforts, according to a complaint filed in New Jersey federal court.

  • October 11, 2017

    Apple Hit With New Suit Over Ex-Sony, Nokia Phone Patents

    Various models of Apple’s iPhone infringe three patents related to silence or ignore features, according to a complaint filed last week in Delaware federal court by a patent licensing company that acquired the property from an entity held by Sony, Nokia and others.

  • October 11, 2017

    Cancer Center Settles Genetic Testing Licensing Breach Suit

    The research wing of Philadelphia’s Fox Chase Cancer Center has settled a lawsuit that accused two genetic testing companies of violating a license agreement for proprietary technology developed by Fox Chase, according to a Pennsylvania state court filing Tuesday.

  • October 11, 2017

    Del. Judge Tosses 'Tactical' Samsung License Breach Suit

    A Delaware federal judge on Tuesday tossed Samsung Electronics Co. Ltd.’s breach of contract suit against Imperium IP Holdings Ltd., saying that the “tactical” case is a waste of judicial resources because nearly identical claims are already playing out on appeal in a separate case.

  • October 11, 2017

    Fed. Circ. Rules PTAB Wrongly Let Nail Patent Survive Review

    The Federal Circuit ruled Wednesday that part of a Fast Felt Corp. patent covering methods for applying nail tabs on roofing and building material was invalid, reversing an earlier decision from the Patent Trial and Appeal Board and delivering a win to Owens Corning.

  • October 11, 2017

    Tribe Bought Patents With Immunity Promise, Allergan Says

    The Saint Regis Mohawk Tribe agreed to assert immunity during patent challenges and extend that immunity to Allergan Inc. in exchange for Allergan giving it ownership of patents protecting the dry eye treatment Restasis, the drugmaker said Tuesday after a federal judge in Texas told it to prove the deal wasn’t a “sham.”

  • October 11, 2017

    Class Attys Nab $1.8M In IP Management Co. Patent Fees Deal

    A Virginia federal judge on Tuesday approved $1.8 million in attorneys’ fees for counsel representing a class of companies that recently struck a $5.6 million deal with intellectual property management firm CPA Global over allegations it overcharged clients for fees on filing patent applications.

  • October 11, 2017

    Coachella Wins Ban Of Movie Festival’s Use Of 'Filmchella'

    The organizers of the Coachella music festival won a court order Tuesday barring an upstart movie festival called “Filmchella” from using its name.

  • October 10, 2017

    Amazon, Broadcom Settle Patent Suit Over Tablets, Other Tech

    Amazon.com Inc. has settled claims lodged by Avago Technologies and subsidiary Broadcom Corp. in California federal court accusing the tech giant of selling products that infringe the pair's patents, including Amazon Fire tablets and Fire TV devices.

  • October 10, 2017

    Bimbo Bakeries Wins $2M Jury Award For Trade Secret Theft

    Bimbo Bakeries USA has convinced a jury that another bakery company misappropriated its trade secrets, copied its packaging and engaged in false advertising when reintroducing a competing bread product, earning a $2.1 million award in Utah federal court.

  • October 10, 2017

    US Asks Justices To Deny Samsung Appeal In Apple IP Feud

    The federal government has urged the U.S. Supreme Court not to hear Samsung’s appeal of a decision upholding a $120 million jury verdict in its smartphone patent clash with Apple, but the government suggested there was reason for concern about Federal Circuit rules for showing a patent is obvious.

Expert Analysis

  • Hague Convention May Help Foreign Defendants In IPR

    Stephen Kabakoff

    For a non-U.S. defendant accused of patent infringement, insisting on service of process using the Hague Convention may provide several advantages in connection with inter partes review, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Collaboration Between Company's Tax And IP Experts: Part 2

    Rebel Curd

    Early and effective communication among the tax, intellectual property and legal teams within a multinational enterprise can help mitigate risk if the company’s intercompany licenses, transfer prices and/or transfer pricing documentation are produced in subsequent IP litigation, say consultants at Charles River Associates.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Drafting Software Patents Post-Alice: Lessons From Courts

    Caroline Swindell

    While there is no clear "abstract idea" test for software-related patent applications, post-Alice decisions provide clues on how to better structure claims and specifications to avoid or at least overcome Alice-related rejections, says Caroline Swindell of Kacvinsky Daisak Bluni PLLC.

  • Patentees Still Face Low Bar For Alleging Infringement

    Jason Whitney

    The Federal Circuit's recent decision in Lifetime Industries v. Trim-Lok shows that, even without the benefit of form pleading, most patentees are able to sufficiently allege infringement under Iqbal and Twombly, says Jason Whitney of Haynes and Boone LLP.

  • From Dracula To Drag Race: An Update On Right Of Publicity

    Saul Rostamian

    What do Kendall and Kylie Jenner, 1980s one-hit wonder Toni Basil, and the late jazz musician Thelonious Monk have in common? Each is currently involved in “right of publicity” lawsuits filed in California, highlighting the disparate ways that celebrities use the courts to protect against the commercial exploitation of their identities, say Saul Rostamian and Diana Hughes Leiden of Winston & Strawn LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • TC Heartland And Its Aftermath: A Litigant’s View

    James Dabney

    The U.S. Supreme Court's decision in TC Heartland is rightly treated as having changed patent venue law, as illustrated by the Federal Circuit's recent Cray decision, says James Dabney, co-head of Hughes Hubbard & Reed LLP’s intellectual property practice group and counsel for TC Heartland.

  • Opinion

    Who Will Rescue The US Patent System?

    Peter Toren

    While inter partes review was intended to remove defective patents or claims that were mistakenly issued, it has resulted in the destruction of the patent system. But there may be hope for patent owners other than having to transfer their patents to an entity with sovereign immunity — the U.S. Supreme Court is set to weigh in, says attorney Peter Toren.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.