Intellectual Property

  • June 19, 2017

    Patent Suit Adversary Blasts Muzak Parent's Ch. 15 Bid

    A creditor of in-store media provider Muzak and parent company Mood Media told a New York bankruptcy court on Friday that the companies' bid for Chapter 15 protection should fail to the extent that it will disrupt pending patent infringement claims potentially worth up to $130 million.

  • June 19, 2017

    Justice Sotomayor On Working A Room And The Post-Scalia Void

    Justice Sonia Sotomayor discusses the one thing she hates seeing at oral arguments, why diversity matters on the federal bench, and her habit of embracing audience members at live talks, in the first of two articles based on an exclusive interview with the 111th justice.

  • June 19, 2017

    ‘Who's On First’ Heirs Say Fees Not Warranted In IP Case

    The heirs of comedy duo Abbott and Costello on Monday said they shouldn’t owe attorneys’ fees for filing a failed copyright suit over a Broadway play’s use of the famous “Who’s on First?” routine, saying the judge’s analysis of the reasonableness of their case was based on hindsight.

  • June 19, 2017

    Dropbox Rival Urges 9th Circ. To Flip $2.3M TM Ruling

    Thru Inc. told the Ninth Circuit Friday that a California federal judge erred in ruling it infringed Dropbox’s trademark and awarding its electronic file management rival $2.3 million in attorneys’ fees and costs, saying he disregarded key evidence and that Dropbox was the party responsible for the lawsuit’s hefty expenses.

  • June 19, 2017

    Lawyers Weigh In On High Court's Offensive-TM Ruling

    The U.S. Supreme Court on Monday decided in Matal v. Tam that the federal government’s ban on offensive-trademark registrations violates the First Amendment. Here, attorneys tell Law360 why the decision is significant.

  • June 19, 2017

    Fed. Circ. Clears Amazon Of Infringing Bar Code Reader IP

    The Federal Circuit ruled Monday that shopping apps did not infringe a patent owned by a unit of Honeywell International Inc., upholding a 2016 decision from a federal judge in Delaware.

  • June 19, 2017

    Fed. Circ. Upholds PTAB Veto Of Intellectual Ventures IP

    The Federal Circuit on Monday affirmed a Patent Trial and Appeal Board’s decision that the asserted claims of an Intellectual Ventures wireless communications patent are invalid because a set of prior art would make them obvious.

  • June 19, 2017

    Justices Decline To Hear 5 Intellectual Property Cases

    As the U.S. Supreme Court nears the end of its term, it performed some legal housecleaning Monday by declining to hear five intellectual property cases involving copyrights, trade secrets and patents for companies in the technology and telecommunications sectors.

  • June 19, 2017

    Fed. Circ. Affirms PTAB's Nix Of Gambling Machine Patent

    The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board’s decision that a Cole Kepro International LLC patent related to casino gambling machine cabinets was invalid, finding that it would have been obvious at the time of the invention.

  • June 19, 2017

    Comcast, Dish, Echostar Nix Channel Guide Patent

    An Illinois federal judge handed Comcast, Dish and Echostar wins in identical suits alleging the telecommunications companies infringed a patent for a system of selecting television channels, ruling Monday that it is akin to a paper channel guide and that the patent is invalid.

  • June 19, 2017

    Lyft Fights Uber Subpoena In Waymo Trade Secrets Case

    Lyft Inc. on Friday blasted Uber Technologies Inc. for bringing it into Waymo LLC’s trade secrets suit against Uber in California federal court, saying Uber's subpoena is a thinly veiled attempt to get access to a competitor's confidential information, not a legitimate litigation tactic.

  • June 19, 2017

    PTAB Wrongly Nixed Imaging Patent Claims, Imperium Says

    The Patent Trial and Appeal Board wrongly invalidated claims in two patents covering digital camera imaging technology when it introduced its own reasoning as to why the claims challenged by Samsung were obvious and anticipated, Imperium IP Holdings told the Federal Circuit on Thursday.

  • June 19, 2017

    Pharma Cos. Tell Fed. Circ. To Reverse Durezol Decision

    Japanese pharmaceutical companies Senju Pharmaceutical Co. Ltd and Mitsubishi Chemical Corp. urged the Federal Circuit on Friday to reverse the Patent Trial and Appeal Board’s decision that several claims in their patent related to Durezol eye drops were invalid since they were made obvious by a prior patent and an international publication.

  • June 19, 2017

    NBC Urges 9th Circ. To Back Toss Of Skater's $10M Suit

    NBC Universal urged the Ninth Circuit on Friday to affirm a decision to toss former Olympic figure skater Oksana Baiul’s claims that NBC owes her $10 million in royalty payments from the 1994 television special “Nutcracker on Ice,” arguing that the California suit was barred by a nearly identical suit in New York.

  • June 19, 2017

    In Slants Ruling, Justices Capped Off 70 Years Of History

    The U.S. Supreme Court’s decision Monday — that the federal ban on offensive trademarks violates the First Amendment — was more than 70 years in the making.

  • June 16, 2017

    AIG Unit Doesn't Owe $5M For Investor Deal, 9th Circ. Told

    An AIG affiliate told the Ninth Circuit on Friday that a lower court wrongly ordered it to cover $5 million of a settlement over a software company’s alleged stock inflation amid a patent infringement suit, saying it wasn’t on the hook as a secondary insurer because the primary insurer knew of the litigation risks before it signed on.

  • June 16, 2017

    What To Do Until Justices Resolve AIA Constitutionality

    The U.S. Supreme Court's decision to weigh the constitutionality of America Invents Act inter partes reviews is giving some looking to challenge patents reason to pause. Here, experts share what steps patent owners can take in case the justices do upend the popular review program.

  • June 16, 2017

    Lynyrd Skynyrd Sues Ex-Member Pyle Over New Biopic

    Surviving members and legal representatives of rock band Lynyrd Skynyrd filed suit in Manhattan federal court Friday against ex-band drummer Artimus Pyle and Cleopatra Films over an in-production biopic about a plane crash that killed some original band members, saying it violates a 1988 agreement.

  • June 16, 2017

    Brand Battles: Nintendo, Conagra, Volkswagen

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nintendo fights a megachurch over "Switch," Conagra asks the board for consistency over "Choice Cuts" frozen meals, and Volkswagen asserts its trademark rights in the shape of its iconic van.

  • June 16, 2017

    Fed. Circ. Backs Geox PTAB Win, Clarifies Obviousness Rules

    The Federal Circuit on Friday affirmed a Patent Trial and Appeal Board decision invalidating a Columbia Sportswear Co. unit’s patent on waterproofing leather at the urging of Italian clothing maker Geox SpA, in the process explaining what the board must find to hold a patent obvious.

Expert Analysis

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • How High Court Resolved The Service-By-Mail Circuit Split

    Victoria Dorfman

    In Water Splash Inc. v. Menon, the U.S. Supreme Court recently held that the Hague Convention does not preclude service by mail on defendants residing in foreign countries. Attorneys with Jones Day review how the court resolved this long-standing question for many jurisdictions.

  • Measuring The Success Of Motions To Stay Pending IPR

    Jim Warriner

    A stay of district court litigation pending inter partes review is not a given. In this article, Jim Warriner of Norton Rose Fulbright LLP looks at three years of orders on contested motions to stay from the Northern District of California, the District of Delaware and the Eastern District of Texas.

  • High Court PTAB Case Could Undermine Chevron Deference

    Bruce Stoner

    What were the chances a few simple provisions of the America Invents Act would end up in a separation-of-powers argument over what a law means and who can fill in the gaps? With the U.S. Supreme Court deciding to hear the appeal by SAS Institute, our insular patent world may soon get caught up in something far bigger, says Bruce Stoner, of counsel at Greenblum & Bernstein PLC and former chief administrative patent judge at the U.S.... (continued)

  • 4 Steps To Avoid 'Bet-The-Company' Trade Secret Litigation

    Michael Elkon

    Waymo v. Uber Technologies is fascinating on a number of levels and presents a host of object lessons for employers. From these lessons, there are four steps that all employers and workplace attorneys should consider adopting to avoid being embroiled in a similar high-stakes courtroom battle, says Michael Elkon of Fisher Phillips.

  • Cybersecurity And IP Are Key In Autonomous Vehicles

    Video Thumbnail

    Automated driving isn't coming — it’s here. The automotive industry is implementing strategies, tools and technologies to not only allow the car to drive, but to operate using "internet of things" devices. In this video, Eversheds Sutherland LLP partners Mary Jane Wilson-Bilik and Griff Griffin discuss how the internet of things in driverless cars will impact big data, cybersecurity, data protection, intellectual property and patents.

  • New Cases Test The Patent Venue Waters After TC Heartland

    Stephen Stout

    While the U.S. Supreme Court's TC Heartland decision has been widely hailed as ending the Eastern District of Texas’ run as the go-to patent venue for many plaintiffs, six new cases filed by Uniloc suggest that some businesses may continue to see cases filed against them there, says Stephen Stout of Vinson & Elkins LLP.

  • TC Heartland Opens The Door To New Antitrust Claims In Del.

    Adam Hudes

    The District of Delaware — where an increased number of patent cases are likely to be litigated following TC Heartland — has recent case law that may make it easier for defendants in patent infringement cases to bring antitrust counterclaims, including against nonpracticing entities, say Adam Hudes and Stephen Medlock of Mayer Brown LLP.

  • Startups Need To Address IP Earlier

    Robert Kramer

    One way local startups have remained competitive is by moving earlier in their growth cycle into co-working spaces, joining technology accelerators, and seeking crowd financing and government grants. This means that startups are confronting very real legal risks sooner than they might otherwise, says Robert Kramer of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • High Court Continues Expansion Of Patent Exhaustion

    Vincent Yip

    The U.S. Supreme Court's forceful, largely unanimous patent exhaustion ruling this week in Impression Products v. Lexmark is likely to clear up any clouds on the supply chain brought about by the Federal Circuit’s previous decisions, say Vincent Yip and Peter Wied of LTL Attorneys LLP.