Intellectual Property

  • August 17, 2017

    Judge Presses Play On Hulu's Licensing Suit Against TiVo

    A California federal judge said he wouldn’t dismiss Hulu LLC’s suit arguing it doesn't need to renew an expired licensing agreement for TiVo Corp.’s video searching technology, finding that a letter sent to Hulu about renewing its contract was enough to trigger subject-matter jurisdiction.

  • August 17, 2017

    Showtime Sues To Stop Mayweather-McGregor Fight Streams

    Showtime on Tuesday filed a lawsuit to stop more than 40 websites from pirating the much-hyped bout later this month pitting undefeated boxer Floyd Mayweather Jr. against Ultimate Fighting Championship lightweight champion Conor McGregor.

  • August 17, 2017

    Former FTC Litigator Joins Constantine’s Antitrust Practice

    Constantine Cannon LLP has nabbed a former Federal Trade Commission Bureau of Competition trial lawyer to join the firm's antitrust practice as a partner in its Washington, D.C., and San Francisco offices, where he will represent health care, pharmaceutical, retail and technology clients.

  • August 17, 2017

    FTC Wins Injunction In Fla. Invention-Promotion Scam Suit

    The Federal Trade Commission won a preliminary injunction Wednesday against the operators of an invention-promotion company that allegedly duped consumers out of about $26 million, as the judge found proof of material misrepresentations and a likelihood the government will prevail on the merits.

  • August 17, 2017

    Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

    The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK.

  • August 17, 2017

    Google Genericide Case Heads To Supreme Court

    Three months after it was shot down by the Ninth Circuit, a case that aims to prove that “google” has become a generic verb that cannot be protected by trademark law is headed for the U.S. Supreme Court.

  • August 17, 2017

    3 Tips For Managing Your Cases At The PTAB

    America Invents Act reviews at the Patent Trial and Appeal Board can be a powerful tool for companies looking to take down a patent. But the board has shown little patience for missteps and blown deadlines. Here, experts share tips on how to manage cases and avoid blunders that can sink a case.

  • August 17, 2017

    Fed. Circ. Upholds Travel Sites' Win In Cronos Patent Suit

    A Federal Circuit panel on Thursday affirmed a trial court’s ruling that Expedia Inc., Priceline.com Inc. and Travelocity.com LP did not infringe Cronos Technologies LLC’s patented online shopping cart system, saying the ruling correctly interpreted the meaning of certain key terms in the patent.

  • August 17, 2017

    Fed. Circ. Affirms PTAB Nix Of Root Canal Patent As Obvious

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's invalidation of a patent covering a method for making root canal instruments, agreeing that the patented method was obvious in view of prior art.

  • August 17, 2017

    No Inequitable Conduct In Toy IP Suit, Judge Says

    An Eastern District of Texas judge said two Bunch-O-Balloons patents should not be found unenforceable for inequitable conduct, deciding that failure to provide a patent examiner with a copy of a relevant Patent Trial and Appeal Board decision was not a basis for punishment.

  • August 17, 2017

    Comcast Can’t Increase $1.5M Award In Sprint Text IP Suit

    A Pennsylvania federal judge on Wednesday denied Comcast Cable Communications’ request for a new trial to increase the $1.5 million jury award it received in its patent suit accusing Sprint Communications Company of stealing text message technology, saying there was sufficient evidence to support the jury’s decision.

  • August 17, 2017

    Fed. Circ. Won't Redo T-Mobile Win In $100M Prism Patent Suit

    The Federal Circuit on Thursday refused Prism Technologies LLC’s request to revisit a decision that upheld the nixing of the company’s $100 million infringement lawsuit against T-Mobile and invalidated its network authentication patents.

  • August 17, 2017

    SolarCity Must Face Cogenra's Unfair Competition Suit

    Elon Musk's solar power company SolarCity Corp. can't escape a competitor’s unfair and unlawful competition suit alleging it stole trade secrets after breaking a promise to partner because it’s plausible Cogenra Solar Inc. relied on that promise when it turned down offers from other interested parties, a California federal judge said on Wednesday.

  • August 17, 2017

    FTC Pushes To Protect Informants In Qualcomm Antitrust Suit

    The Federal Trade Commission on Wednesday provided a California federal judge with a privilege log in support of the agency’s argument that it shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, as well as a supplemental letter from the European Commission director-general for competition.

  • August 17, 2017

    Pence Lauds Chile FTA But Nudges For Better IP Compliance

    Vice President Mike Pence offered mostly kind words for the U.S. free trade agreement with Chile on Wednesday but also said that Santiago could improve its compliance with the pact’s intellectual property provisions.

  • August 17, 2017

    Tech Group Wants Forward-Looking NAFTA On IP, Digital

    As the Trump administration forges ahead with the first round of negotiations to revamp the North American Free Trade Agreement this week, a leading tech industry organization has called on officials to make sure they tackle modern trade challenges in areas such as intellectual property and digital trade flows.

  • August 16, 2017

    Syl Johnson Asks 7th Circ. To Rethink 'Different Strokes' Suit

    Soul singer Syl Johnson asked the Seventh Circuit on Wednesday to rehear en banc a ruling dismissing his suit claiming that music's biggest recording labels sampled his song "Different Strokes" without getting his permission or paying him royalties. 

  • August 16, 2017

    Waymo Jury May Learn Of Uber’s Shady Discovery Tactics

    U.S. District Judge William Alsup said Wednesday he might allow Waymo to tell a California federal jury that Uber was evasive about providing evidence the head of its self-driving car division stole trade secrets from Waymo before quitting his job there, saying the panel should know “how they hide the ball.”

  • August 16, 2017

    Fed. Circ. Says Video-Streaming Patents Invalid Under Alice

    The Federal Circuit affirmed a Delaware district court ruling that two video-streaming patents that VideoShare LLC accused YouTube LLC and its parent company Google Inc. of infringing are invalid under the U.S. Supreme Court’s Alice decision because they only cover the abstract idea of sharing streaming video online.

  • August 16, 2017

    Latham Win Hones Tool Against Malicious Prosecution Suits

     A California high court decision that an earlier ruling in favor of a Latham & Watkins LLP client protects the firm from malicious prosecution claims, despite a later bad-faith finding against the client, reinforces that such suits can only be brought over the most meritless of allegations and buttresses a key defense for firms, experts say.

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.