Intellectual Property

  • 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.

  • October 10, 2017

    Diaper IP Case Behind Justices' Laches Rule Is Settled

    A long-running patent dispute between rival diaper manufacturers SCA Hygiene Products AB and First Quality Baby Products LLC ended with a settlement Tuesday, months after the U.S. Supreme Court used the case to rule that laches is not a defense in many patent infringement cases.

  • October 10, 2017

    Mark Your Calendar: High Court To Consider Abolishing PTAB

    The U.S. Supreme Court has scheduled oral arguments for the Monday after Thanksgiving in what is expected to be the biggest patent law case of the term, as it considers whether America Invents Act reviews by the Patent Trial and Appeal Board violate the U.S. Constitution.

  • October 10, 2017

    Adidas Ends 3-Stripe Trademark Suit Against Juicy Couture

    Adidas has reached a settlement to end a trademark lawsuit against Juicy Couture over apparel that allegedly infringed the German giant's "three-stripe" trademark, according to court papers filed Tuesday.

  • October 10, 2017

    Toyo Seeks At Least $11.7M In Sanctions In Tire IP Case

    Toyo Tire urged a California federal judge Monday to slap sanctions of $11.7 million or more on units of a Chinese state-owned tire company in a trade dress infringement dispute, saying a ruling in a related case cleared the way for a contempt finding.

Expert Analysis

  • 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.

  • The Unclear Scope Of 'All Patent Rights' In Patent Exhaustion

    Brian Coggio

    In Impression Products v. Lexmark, the U.S. Supreme Court recently held that the sale of a product "terminates all patent rights" to the product. But does the term “all patent rights” include patents covering combinations of the product sold, formulations of the product, and/or methods of using it? The answer appears to be "no," says Brian Coggio of Fish & Richardson PC.

  • Collaboration Between Company's Tax And IP Experts: Part 1

    Rebel Curd

    Within a multinational enterprise, coordination between the tax, legal and intellectual property management professionals is essential to ensure that the strategic and financial objectives for IP assets are achieved while minimizing potential risks, say consultants at Charles River Associates.

  • A Survey Of Patent Owner Estoppel At USPTO

    Eldora Ellison

    An adverse judgment at the Patent Trial and Appeal Board may negatively impact the future of a patent owner’s portfolio of pending applications. Our research shows that examiners have begun applying patent owner estoppel, particularly in the context of subsequent re-examinations of the challenged patent, say Eldora Ellison and Jacob Rothenberg of Sterne Kessler Goldstein & Fox PLLC.

  • Applying Basic Antitrust Principles To SEPs

    Yee Wah Chin

    There have been significant calls recently for findings that patent infringement suits and licensing conduct by patent assertion entities and holders of standard-essential patents generally are monopolization or attempts to monopolize. But competition law is not a hammer to which all problems are nails, says Yee Wah Chin of Ingram Yuzek Gainen Carroll & Bertolotti LLP.

  • To Disclose Or Not To Disclose: Trade Secrets Vs. Patents

    John Artz

    There truly is no one-size-fits-all analysis for deciding whether patent or trade secret protection is best for your business. However, an important first step is to determine the end goal for the technology, say attorneys with Dickinson Wright PLLC.

  • Opinion

    When Antitrust Becomes Anti-Competitive

    Glenn Manishin

    Xceligent is attempting to morph a sordid case about industrial espionage into a counterclaim for unlawful monopolization. Yet the idea that CoStar is obligated as an antitrust matter to help Xceligent develop a competing product totally lacks legal validity, says attorney Glenn Manishin.

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.