Intellectual Property

  • August 15, 2017

    Amazon Sale Not Enough For Patent Venue, Va. Judge Says

    A Virginia federal judge has temporarily dismissed a patent infringement case brought against the creators of a movie trivia card game on the grounds that under the U.S. Supreme Court’s recent TC Heartland ruling, an Amazon sale wasn't enough to connect them to a state where they don't reside.

  • August 15, 2017

    Perrigo Sues IRS For $163M From Drug Sales, Patent Rows

    Generic pharmaceutical giant Perrigo Co. PLC pushed a Michigan federal judge on Tuesday to order the Internal Revenue Service to return more than $163 million in refunds tied to its sales of over-the-counter medication in the U.S. and defenses from patent suits.

  • August 15, 2017

    DC Circ. Rejects Claim TSA Retaliated Over Patent Suit

    A D.C. Circuit panel Tuesday rejected arguments from SecurityPoint, the holder of a patent related to bins used in airport security lines, that the Transportation Security Administration retaliated against the company through restrictive contract requirements after it hit the TSA with an infringement suit.

  • August 15, 2017

    PE Firm Takes Trade Secrets Tiff Against Atty To State Court

    A private equity firm focused on student housing investments has taken its trade secrets quarrel with a former in-house lawyer to state court, reviving its fiduciary duty and unfair competition claims just days after a California judge found that the dispute didn’t belong in federal court.

  • August 15, 2017

    Fed. Circ. Upholds Hilsinger Win In Eyeglass Screw IP Suit

    The Federal Circuit on Tuesday ruled an Eyeego LLC patent for an eyeglass screw was invalid, upholding a lower court decision in favor of Massachusetts eyewear maker The Hilsinger Co., which had been accused of infringement.

  • August 15, 2017

    ITC Will Review Determination In Rovi Patent Case

    The International Trade Commission has announced it will review an administrative law judge’s decision that found Comcast Corp. and various video equipment companies had infringed two of six digital video recording and interactive guide patents asserted by TiVo’s Rovi Corp.

  • August 15, 2017

    Par Pharma Claims Ex-Employees' New Co. Stole Secrets

    Par Pharmaceuticals Inc. filed suit Monday in New Jersey federal court accusing a competitor founded by two former employees of poaching its personnel in an effort to steal trade secrets and rip off a popular cardiopulmonary drug.

  • August 15, 2017

    Fed. Circ. Reverses Judge's Nix Of Memory Patent Under Alice

    A split Federal Circuit on Tuesday reversed a lower court’s decision that a Visual Memory LLC patent asserted against Nvidia Corp. was invalid under Alice, finding the patent was not directed to an abstract idea but to a patent-eligible improvement to computer memory systems.

  • August 15, 2017

    PTAB Strikes Out Several Sports Sensor Patent Claims

    The Patent Trial and Appeal Board on Monday handed mixed results to a company that makes sports analysis equipment, letting stand one patent covering motion sensor technology but invalidating claims in two others.

  • August 15, 2017

    High Court Asked To Eye 9th Circ. ‘Walk of Shame’ Ruling

    A screenwriter who couldn’t persuade the Ninth Circuit to revive his claims that Elizabeth Banks and the production companies that made the movie “Walk of Shame” infringed his copyright has asked the U.S. Supreme Court to hear the case, saying the decision contravenes high court precedent.

  • August 15, 2017

    Fed. Circ. Affirms Nix Of Spa Pump Patent Claims In Re-Exam

    The Federal Circuit affirmed a decision in inter partes re-examination Tuesday to reject all the claims in a Pentair Water Pool and Spa Inc. patent related to swimming pool and spa pumps after the company had argued that the Patent Trial and Appeal Board misinterpreted a key term in the patent, part of its lawsuit against rival Hayward Industries Inc.

  • August 14, 2017

    Locke Lord Sanctions Bid Should Be Dropped, Judge Says

    A New York magistrate judge on Monday recommended tossing a post-judgment sanctions bid from the co-founder of an online diamond sale facilitator against his former company and its counsel Locke Lord LLP after the court had awarded him $134,000 in damages in the company's suit accusing him of going rogue, claiming he owns its patents and stealing proprietary software.

  • August 14, 2017

    Miami Sex Club Escapes Ad Firm's Bid For Sanctions

    A Florida federal judge on Monday tossed a design firm's bid for sanctions in a discovery dispute with a Miami sex club that allegedly used models' images without permission, saying the ad company's counsel failed to confer first with those who might be affected by sanctions.

  • August 14, 2017

    Don't Expect A Rash Of Patent 'Shootouts'

    When companies start fighting over patents, the lawsuits can have a way of getting unwieldy, so one judge in California has begun using shootout-style hearings — a unique way to streamline cases that has caught the attention of attorneys but likely won't become widespread.

  • August 14, 2017

    Jefferson Starship Co-Founder's Suit Over Name Can Proceed

    A California federal judge on Friday declined to dismiss a lawsuit over the use of the band name Jefferson Starship brought by original member Craig Chaquico, who says today's lineup lost the right to use it when fellow founder Paul Kantner died in 2016.

  • August 14, 2017

    'Golden Doodle' Can't Be Registered, TTAB Says

    The Trademark Trial and Appeal Board ruled Friday that a “lifestyle brand for dog lovers” called Golden Doodle LLC could not register its name as a trademark for online retail services.

  • August 14, 2017

    Buffalo Trace Ends TM Trial With Plea To Bar Wine’s Label

    Sazerac Co. asked a California federal judge to force Fetzer Vineyards to stop using the image of a buffalo on its “bourbon barrel-aged” wine during closing arguments in a bench trial Monday, saying the label infringed on Sazerac’s Buffalo Trace bourbon, while Fetzer countered that not one consumer had confused the brands.

  • August 14, 2017

    SAP, Mitel Hit With Suits Over Phone Call Tracking Patent

    Serenitiva filed two patent infringement actions against SAP America and Mitel Networks in Texas’ Eastern District on Friday, alleging their products infringe one of Serenitiva’s patents covering a web-based phone call tracking system.

  • August 14, 2017

    Engineer Had No Right To Sell Animation Tech, Judge Says

    Facial recognition and animation technology used in recent Hollywood hits such as “Deadpool” and “Beauty and the Beast” belongs to the company that originally funded its development, not the engineer who helped steer its progress, a California federal court ruled Friday.

  • August 14, 2017

    NHL, Red Wings Condemn White Nationalists' Use Of Logo

    The National Hockey League and the Detroit Red Wings on Saturday condemned the use of a logo similar to the Red Wings' during a white nationalist and white supremacist rally in Charlottesville, Virginia, this weekend, with the team going as far as threatening legal action.

Expert Analysis

  • 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.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Locating A 'Place Of Business' After TC Heartland: Part 2

    Brian Kwok

    In the final part of their article, Brian Kwok and Nicholas Lo of Haynes and Boone LLP discuss other factors courts consider in the “regular and established place of business” analysis, the Eastern District of Texas’ new framework set forth in Raytheon, and how the historical case law fits into the Raytheon approach.

  • Has Amgen Already Won Its BPCIA Dispute With Sandoz?

    Brian Coggio

    The U.S. Supreme Court determined that Sandoz “violated” the Biologics Price Competition and Innovation Act by failing to disclose its confidential information to Amgen. On remand, it would appear that the Federal Circuit may well rule that Amgen’s claim of unfair competition will succeed because a federal law was “violated," say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • Locating A 'Place Of Business' After TC Heartland: Part 1

    Brian Kwok

    The precise meaning of the phrase “a regular and established place of business” is receiving renewed attention following the U.S. Supreme Court's decision in TC Heartland. The two most prominent factors courts have commonly considered in the “regular and established” analysis are physical location and employee authority, say Brian Kwok and Nicholas Lo of Haynes and Boone LLP.

  • A Dozen Reasons For Dependent Claims

    Kelce Wilson

    Ask your colleagues in patent prosecution how they select material for dependent claims; you might be surprised how few carefully refined strategies you hear. So then, how do you optimize claim sets, to ensure your clients receive high-quality, cost-effective patents? I have some recommendations, says Kelce Wilson of Grable Martin Fulton PLLC.