Intellectual Property

  • February 14, 2018

    Athenahealth Must Face Fired Worker's Claims

    A Massachusetts federal judge on Tuesday rejected Athenahealth’s bid to duck a former employee’s claim that it wrongfully discharged her for refusing to misappropriate another company’s intellectual property, but freed it from some of her other allegations.

  • February 14, 2018

    Fed. Circ. Finds Another Alice Ruling Came Too Soon

    The Federal Circuit faulted a lower court Wednesday for invalidating data manipulation patents as abstract ideas on a motion to dismiss, the second time in days the court has held that a judge too quickly found that patents failed the U.S. Supreme Court’s Alice test.

  • February 14, 2018

    Disney Sued Again Over Allegedly Ripping Off 'Zootopia'

    A production company whose copyright feud over The Walt Disney Co.'s film "Zootopia” was tossed by a California federal judge last year has hit the media giant with a contract suit in state court, claiming Disney breached an implied contract by allegedly stealing its story to create the animated hit.

  • February 14, 2018

    Fitbit Settles Trademark Suit With Alleged Counterfeiters

    Fitbit Inc. and several of the companies that it accused of selling counterfeit versions of its products asked a California federal judge Tuesday to rule that a confidential settlement between them is fair.

  • February 14, 2018

    Sailing Looks Clear For 10th Circ., Other Judge Picks

    President Donald Trump’s nominees to the Tenth Circuit and three other federal courts look to have a clear path forward after they laid out their judicial philosophies before a Senate panel Wednesday, their thoughts ranging from giving more time for jury selection to encouraging more “coordination” between district courts and the patent office.

  • February 14, 2018

    Leason Ellis Scores Ex-Venable IP Litigator In NY

    Leason Ellis LLP has added an intellectual property litigator with more than 35 years of experience in patent litigation, according to the firm. 

  • February 14, 2018

    Illumina Uses Mosaic Of Trial Assets To Score $27M IP Win

    No one factor propelled Weil Gotshal & Manges LLP and Illumina Inc. to a recent $26.7 million trial win over Ariosa Diagnostics Inc. in a long-running case over prenatal testing technology. Rather, it was a combination of assets that included the strength of Illumina’s patents and the expertise of hard-hitters on the Weil team.

  • February 14, 2018

    Reebok-CCM Fights Deposition Of Sidney Crosby, Others

    Reebok-CCM Hockey told a Massachusetts federal court on Wednesday that Hefter Impact Technologies LLC should not be allowed to take or retake six depositions, including from Pittsburgh Penguins captain Sidney Crosby, simply because it did not do a thorough job the first time in the suit over a royalty agreement over helmet designs.

  • February 14, 2018

    Circle K Training Videos Infringe Copyright, Suit Says

    Convenience store giant Circle K Stores Inc. on Tuesday was hit with a copyright infringement suit by a company that makes employee training videos for allegedly copying and distributing several videos to stores nationwide as part of mandatory training.

  • February 13, 2018

    'Goodfellas' Actor Can't Revive $250M 'Simpsons' Image Suit

    Fox Television Studios Inc. scored another victory in "Goodfellas" actor Frank Sivero's $250 million suit alleging the studio ripped off his likeness for a character on "The Simpsons" when a California state appeals court on Tuesday affirmed the use of the character was protected.

  • February 13, 2018

    USPTO Says Fed Circ. Ruling Misapplies Aqua Decision

    The U.S. Patent and Trademark Office has asked the Federal Circuit to reconsider the court's recent application of a landmark en banc ruling that shifted the burden of proof for amending patents during America Invents Act reviews, suggesting that the panel's latest decision misinterpreted that order.  

  • February 13, 2018

    Ex-BigLaw Attys' Licensing Co. Loses Patent Suit Under Alice

    A patent licensing company run by former WilmerHale and Kirkland & Ellis LLP partners lost its infringement claims against two security companies on Monday, when a California federal judge found that its patent on internet data channels is invalid under the Supreme Court's Alice ruling for claiming only an abstract idea.  

  • February 13, 2018

    Taylor Swift 'Shake It Off' Lyrics Suit Gets One More Shot

    A California federal judge on Tuesday said he’ll give a pair of songwriters one last shot to bring copyright claims against Taylor Swift for allegedly ripping off lyrics to the 3LW song “Playas Gon’ Play" in her 2014 hit “Shake It Off,” saying at the same time that the lines at issue are too short and insufficiently creative to merit Copyright Act protection.

  • February 13, 2018

    9th Circ. Botched Sanctions Ruling, Startup Argues

    Indiezone Inc. asked the Ninth Circuit on Tuesday to rethink its decision that a lower court correctly sanctioned the startup and its lawyer for bringing a “sham” company into its case alleging that former employees conspired to steal its $1 billion e-commerce processing software.

  • February 13, 2018

    LeClairRyan Can't Toss Malpractice Suit

    LeClairRyan is stuck defending against a malpractice suit brought by a disgruntled client, after a newly assigned Illinois federal judge refused to toss the case despite harsh words from a previous judge who called the client’s claims “bizarre” and “extraordinarily troubling.”

  • February 13, 2018

    Finjan Drops IP Retrial Against Symantec Unit, Signals Deal

    Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”

  • February 13, 2018

    PTAB Won't Review 2 Humira Patents In Sandoz Challenge

    The Patent Trial and Appeal Board denied challenges to two patents for AbbVie Inc.’s blockbuster autoimmune drug Humira, finding that generics maker Sandoz Inc. hadn’t shown they were likely invalid.

  • February 13, 2018

    VidAngel Asks 9th Circ. To Revive Claims Against Studios

    VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.

  • February 13, 2018

    Split 9th Circ. Backs EpiCept Win In Patent-Deal Suit

    A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.

  • February 13, 2018

    Quick Alice Wins May Be Tougher After Fed. Circ. Ruling

    The days of patents regularly being invalidated under Alice early in a case could be over following a Federal Circuit decision that a judge wrongly granted summary judgment that a patent claimed only abstract ideas, attorneys say, and the contentious issue may now go to juries.

Expert Analysis

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 1

    Allen Sokal

    In 2012, the U.S. Patent and Trademark Office published its final rule to implement the America Invents Act. Unlike Section 42.73(d)(1), which prescribes the estoppel facing a petitioner in a post-grant proceeding and implements 35 U.S.C. §§ 315(e) and 325(e), no statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i), say Allen Sokal and William Smith of BakerHostetler.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Ensuring Section 121 Safe Harbor Applies To Patent

    Jay Lessler

    The Patent Act includes a provision shielding a child patent from double patenting over a parent patent. Patent prosecutors seeking the benefits of Section 121 should understand the importance of filing a divisional application during the pendency of the parent patent application in which a restriction requirement is issued, says Jay Lessler of Blank Rome LLP.

  • Gems Of Wisdom: A Guide To Protecting Jewelry Designs

    Dariush Adli

    Instances of jewelry designs being ripped off have made headlines, including a recent claim against clothing retailer Anthropologie. Patent, trademark and copyright laws can provide powerful protection for jewelry designers, says Dariush Adli, president of ADLI Law Group.

  • TC Heartland And Hatch-Waxman: Square Peg In Round Hole

    Jane Love

    Since the U.S. Supreme Court's TC Heartland decision narrowed venue choices in patent cases under the patent venue statute, district courts have struggled to apply the statute in Hatch-Waxman cases. An issue no reported decision has yet questioned, however, is whether the patent venue statute should apply in Hatch-Waxman cases at all, say attorneys with Gibson Dunn & Crutcher LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Travel Sentry V. Tropp: A Threat To Direct Infringement?

    Charanjit Brahma

    The recent decision in Travel Sentry v. Tropp represents the Federal Circuit’s latest re-evaluation of the standard for divided infringement and underscores the potential breadth of the scope of divided direct infringement under Akamai V, say Charanjit Brahma and Anup Shah of Troutman Sanders LLP.

  • New Fed. Circ. Guidance For Patenting Software Inventions

    Richard Marsh

    In Finjan v. Blue Coat, the Federal Circuit continues to refine its approach to patent eligibility under Alice, and solidifies a set of concrete criteria for determining when software-based inventions provide a technical improvement and thus become eligible for patent protection, say Richard Marsh and Braden Katterheinrich of Faegre Baker Daniels LLP.