Intellectual Property

  • December 13, 2017

    Equinox Calls Hotel Trademark Lawsuit 'Abuse'

    High-end gym giant Equinox struck back Tuesday at a trademark lawsuit aimed at blocking it from expanding into the hotel business, calling the case “an abuse of the judicial system.”

  • December 13, 2017

    T-Mobile Urges Supreme Court To Reject Prism IP Appeal

    Prism Technologies LLC shouldn’t be granted U.S. Supreme Court review of a Federal Circuit decision invalidating its patents and rejecting its $100 million infringement lawsuit against T-Mobile because a lower court judge never made a reviewable finding of fact, the wireless company says.

  • December 13, 2017

    Apotex Challenges Amgen Cancer Biologic Patent As Obvious

    The maker of a competitor to the chemotherapy companion drugs Neulasta and Neupogen took aim at Amgen Inc.’s underlying patent on the biologics Wednesday at the Patent Trial and Appeal Board, saying processes described in the patent were obvious given prior art.

  • December 13, 2017

    9th Circ. Says Subaru Ad Didn’t Infringe 'Heart on Hand' TM

    The Ninth Circuit ruled Tuesday that automaker Subaru’s “Share the Love” slogan didn't infringe a California woman’s “A World of Love, for You and Those You Love” trademark, concluding that the only similarities between the two phrases was the generic word “love.”

  • December 13, 2017

    Purdue Loses Bid To Fuse Jumble Of OxyContin Patent Suits

    Purdue Pharma LP lost an attempt on Wednesday to squeeze several oxycodone-related patent lawsuits into one trial in Massachusetts federal court, a minor setback in the manufacturer’s claims seeking to guard the legal underpinnings of painkiller OxyContin.

  • December 13, 2017

    'Filmchella' Can't Be 'Filmchilla' Either, Judge Says

    A California federal judge ruled Wednesday that the organizers of an upstart movie festival called “Filmchella” — already hit with an injunction after being sued by the Coachella music festival for trademark infringement — also cannot use the name “Filmchilla."

  • December 13, 2017

    6th Circ. Made 'Favored Class' Of Infringers, Marketer Says

    A marketing firm urged the Sixth Circuit on Wednesday to reconsider its decision that a blogger who had posted the entirety of a copyrighted textbook to his site may continue to remain anonymous if unmasking might chill otherwise protected speech, arguing that allowing an anonymous infringer to be protected under the First Amendment would create an “unprecedented, favored class of wrongdoers.”

  • December 13, 2017

    LinkedIn Pushes 9th Circ. To Protect User Data From Startup

    LinkedIn continued its push to have the Ninth Circuit eliminate an injunction that’s allowed a startup company to continue scraping data from public profiles on its website, telling the appellate court it has every right to revoke another company’s access if its policies are violated.

  • December 13, 2017

    Quincy Jones' $9.4M Win Over Jackson Co. Stands Post-Trial

    A California judge on Wednesday rejected arguments from Michael Jackson’s production company that mega-producer Quincy Jones waited too long to file a suit seeking royalties over joint venture film productions and remixed music, allowing a $9.4 million jury verdict to stand as the parties prep for appeal.

  • December 13, 2017

    Avionics Co. Sues Ex-Partner For $100M In Trade Secret Row

    Avionics maker Rogerson Aircraft Corp. sued Bell Helicopter Textron Inc. in Texas state court on Tuesday seeking more than $100 million in damages, contending Bell is trampling its trade secret rights and disseminating confidential information after turning to a new supplier.

  • December 13, 2017

    Fed. Circ. Affirms Sony PTAB Win In PlayStation Patent Case

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision invalidating part of a patent for a computer network that Sony Interactive Entertainment America LLC challenged after its PlayStation gaming system was accused of infringement.

  • December 13, 2017

    Trump Econ Adviser Says Tax Bill Can Spur Innovation

    The chairman of the White House Council of Economic Advisers said Wednesday the tax overhaul that could soon clear Congress may have important implications for spurring innovation and productivity gains, while also arguing for important patent and immigration reforms.

  • December 13, 2017

    MVP: Finnegan's James Barney

    Finnegan Henderson Farabow Garrett & Dunner LLP’s James Barney has been a key player in the patent community this year, and his recent Federal Circuit victory for Aqua Products, which pushed the burden of proving patentability in inter partes review proceedings onto the petitioner, has earned him a spot as one of Law360's 2017 Intellectual Property MVPs.

  • December 13, 2017

    Netflix Can't Call Cut On 'Burning Sands' Copyright Suit

    A Pennsylvania federal judge refused on Tuesday to let Netflix toss a suit brought by an author accusing the streaming giant of ripping off his series about six fraternity pledges at a historically black college, finding that the author had shown valid copyright on his works and “enough similarities” between both works to warrant further discovery.

  • December 13, 2017

    9th Circ. Affirms Samsung Win In Patent Antitrust Suit

    The Ninth Circuit affirmed a decision to toss a patent-holding company’s antitrust suit accusing Samsung of conspiring with others to avoid licensing its smartphone patent, rejecting the patent holder’s arguments it had been unlawfully denied royalties.

  • December 13, 2017

    Demi Lovato, Indie Band Settle Copyright Suit Over 'Stars'

    New York City-based indie rock duo Sleigh Bells has settled its copyright infringement suit alleging pop singer Demi Lovato’s 2015 song “Stars” improperly sampled their 2010 song “Infinity Guitars,” and the presiding California federal judge tossed the case at their request Tuesday.

  • December 12, 2017

    Misconduct Gets DLA Piper Attys Tossed From Dish IP Row

    DLA Piper attorneys were thrown out of Dish Network LLC’s trademark suit against a DirecTV retailer Tuesday after they asked to file one too many amended complaints, as an Ohio federal judge ruled that the company’s latest attempt to rework its case was “blatant” bad faith conduct.

  • December 12, 2017

    Shipping Co. Battles Qualcomm's $1.8M Fees Win In Fed. Circ.

    R&L Carriers argued to the Federal Circuit in an opening brief Monday that an Ohio federal court abused its discretion by awarding Qualcomm $1.8 million in attorneys’ fees in the patent infringement case R&L brought against the company after finding the case is exceptional under Octane Fitness.

  • December 12, 2017

    Facebook Rips Uniloc's Message-To-Call System At PTAB

    Facebook Inc. and WhatsApp Inc. told the Patent Trial and Appeal Board on Tuesday that a patent for a system to initiate a conference call through an instant messaging app owned by serial patent litigator Uniloc USA Inc. failed to advance a previous invention.

  • December 12, 2017

    L'Oreal Must Face IP Atty's Suit Over Frivolous-Patent Fears

    A New Jersey federal judge on Tuesday gave a former L’Oreal lawyer one more chance to serve his wrongful termination suit on the company, keeping alive his claims he was fired over his concerns the cosmetics giant was forcing him to file frivolous patent applications on the company’s behalf.

Expert Analysis

  • Series

    My Supreme Court Debut: 2 Moots And A Sweet Celebration

    Ginger Anders

    In my first argument at the U.S. Supreme Court, and each one thereafter, I stood up only after having been intensively questioned by my colleagues and having received their insights, advice and reactions, says Ginger Anders of Munger Tolles & Olson LLP.

  • Proactive Brand Protection Strategies For Pharma Innovators

    Laura Vogel

    Given the high cost of litigation and what's at stake in loss of market share to generic drug manufacturers, brand drug companies should employ a multipronged drug development and pre-litigation strategy, coming to market well prepared for battle, say Laura Vogel and Bella Satra of Barclay Damon LLP.

  • How ITC Applied Inter Partes Review Estoppel In Ford Case

    Bryan J. Vogel

    The U.S. International Trade Commission's initial determination in Certain Hybrid Vehicles is significant because it continues the ITC trend of issuing patent owner-friendly rulings in spite of conflicting Patent Trial and Appeal Board rulings, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • Ex Ante Rate Disclosure In Tech Standards, A Decade Later

    Anne Layne-Farrar

    In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • ITC Not Treating PTAB Decisions Like Other Agency Rulings

    James Barney

    A Patent Trial and Appeal Board decision of unpatentability should have its full legal effect once promulgated, regardless of any appeal taken by the patent owner. Yet that is not how the U.S. International Trade Commission interpreted the inter partes review statute in its Arista order, says James Barney of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • The Latest Trends In Drug Monopolies

    Miriam Vishio

    Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.

  • High Court Seems Poised To Confirm Constitutionality Of IPR

    James Heintz

    Based on the questions asked during the argument on Monday in Oil States v. Greene’s, a divided U.S. Supreme Court appears likely to affirm the Federal Circuit’s decision finding that inter partes reviews conducted by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board pass constitutional muster, says James Heintz of DLA Piper.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Possible High Court Outcomes For PTAB Partial Reviews

    Benjamin Haber

    Monday's oral arguments at the U.S. Supreme Court in SAS Institute v. Matal provided two examples of how the decision might change current inter partes review practice, says Benjamin Haber of Irell & Manella LLP.