Intellectual Property

  • 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.

  • October 10, 2017

    High Court Denies Cert In Range Of IP Cases

    The U.S. Supreme Court on Tuesday declined to review decisions in a number of intellectual property cases, including one that involved a Hollywood actress and another which questioned whether the Federal Circuit is legally barred from affirming Patent Trial and Appeal Board decisions in one-sentence orders.

  • October 10, 2017

    The Firms Filing The Most Copyright Suits

    The list of law firms filing the most copyright suits over the third quarter of 2017 was once again led by the Liebowitz Law Firm, which filed more than 100 new photography cases for the second quarter in a row.

  • October 10, 2017

    US Urged To Take Action Against China's IP Infractions

    Companies from the technology, energy and other sectors weighed in Tuesday on the Trump administration’s sweeping audit of China’s intellectual property policies, detailing Beijing’s alleged enforcement shortcomings and nudging the White House to take appropriate action.

  • October 10, 2017

    Winston & Strawn Looks To Arbitrate Ex-IP Atty's Bias Suit

    Winston & Strawn LLP is hoping to send a former intellectual property partner's sex discrimination lawsuit to arbitration, telling a San Francisco judge that "a sophisticated lawyer with decades of legal experience" should have known she was compelled by her partnership agreement to dispute her claims outside of court.

  • October 10, 2017

    Kirkland Adds ITC Litigator As IP Partner In DC

    Kirkland & Ellis LLP has rehired a partner focused on U.S. International Trade Commission proceedings, bolstering its intellectual property practice in Washington, D.C.

  • October 10, 2017

    The Firms Filing The Most Patent Cases

    The list of law firms that filed the most patent cases in the third quarter of 2017 was once again dominated by boutiques representing patent owners in infringement lawsuits against big-name companies over computer technology.

  • October 10, 2017

    High Court Won't Review 9th Circ. Password Sharing Case

    The U.S. Supreme Court on Tuesday declined to review the Computer Fraud and Abuse Act conviction of a former recruiting firm executive who used an ex-colleague’s password to steal trade secrets.

  • October 10, 2017

    Allergan Ordered To Prove Tribe Patent Deal Isn’t A ‘Sham’

    Allergan Inc. needs to prove that its controversial transfer of four patents for the dry eye treatment Restasis to the Saint Regis Mohawk Tribe was more than a “sham” before the tribe can be added to infringement litigation against Teva, Mylan and others, a federal judge in Texas said.

  • October 10, 2017

    No-Show Suspended Atty Ordered To Pay $350K In SEC Case

    A noted patent lawyer from Texas who was accused by the U.S. Securities and Exchange Commission of scheming to steal from small business escrow accounts was ordered to pay $350,000 by a New York federal judge on Friday after he failed to contest the government’s claims.

  • October 10, 2017

    The Firms Filing The Most Trademark Suits

    The list of firms filing the most trademark lawsuits over the third quarter of 2017 is topped by a newcomer, who surged up the rankings by filing nearly two dozen cases over counterfeit marijuana gear.

  • October 10, 2017

    Muhammad Ali TM Owner Sues Fox Over Super Bowl Video

    The company that owns the rights to the identity of legendary boxer Muhammad Ali hit Fox Broadcasting Co. with a $30 million lawsuit in Illinois federal court on Tuesday, claiming that a promotional video shown before the 2017 Super Bowl used images of Ali and his story without its authorization.

Expert Analysis

  • 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.

  • Recent Cases Provide Hope For Reverse-Payment Defendants

    David Kully

    In the four years since Federal Trade Commission v. Actavis shook up the pharmaceutical industry, defendants have struggled to escape liability for entering reverse-payment settlement agreements. However, two recent appellate decisions provide them with a powerful argument for avoiding damages in upcoming reverse-payment litigation, say David Kully and Charles Weiss of Holland & Knight LLP.

  • 10 Reasons To Use A Continuation Patent Application

    Rory Pheiffer

    Savvy applicants will consider continuation applications as a valuable tool throughout patent prosecution, and will draft their applications to include multiple defensive, offensive, fallback and alternative positions, says Rory Pheiffer of Nutter McClennen & Fish LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • How To Give Patent Clients A 'Get Out Of Texas' Card

    Jeremy Elman

    Following the U.S. Supreme Court's recent patent venue decision in TC Heartland, companies should take a fresh look at the Eastern District of Texas to put an end to forum shopping there, say Jeremy Elman and Robert Mallard of Dorsey & Whitney LLP​.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • A Review Of Willfulness Findings In Hatch-Waxman Actions

    Brian Coggio

    Federal Circuit cases interpreting Halo will likely increase awards of attorney fees and thus portend an increase in allegations of willful infringement in Hatch-Waxman actions. The present standard for finding willful infringement in Hatch-Waxman actions is somewhat uncertain, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Are PTAB Precedential Opinions Really Binding?

    Richard Torczon

    The Federal Circuit's recent decision in Snyder v. Secretary of Veterans Affairs raises the question of whether the U.S. Patent and Trademark Office has met the requirements for using adjudicative decisions as precedent, says Richard Torczon, of counsel at Wilson Sonsini Goodrich & Rosati PC and a former Patent Trial and Appeal Board judge.

  • Finding Eligible Subject Matter For Business Methods

    Matthew Grady

    Although software and business method patents have recently come under fire, there are valid approaches to successfully preparing and prosecuting these applications in the current environment, say Matthew Grady and Ed Russavage of Wolf Greenfield & Sacks PC.

  • 5 Thoughts On 5 Years Of Inter Partes Review

    Gene Lee

    Over the five years since inter partes review came into effect, it has made the Patent Trial and Appeal Board the most popular venue for litigating patent disputes. It is worthwhile to ask whether IPRs are achieving their intended policy goals and at what cost their popularity comes, say Gene Lee and Danielle Grant-Keane of Perkins Coie LLP.