Intellectual Property

  • February 14, 2018

    Fed. Circ. Upholds PTAB Ax Of Cisco Network Security Patent

    Arista Networks Inc. notched a win in its fight with Cisco Systems Inc. over networking equipment technology on Wednesday, when the Federal Circuit upheld a Patent Trial and Appeal Board decision that invalidated part of a Cisco patent that Arista had been found to infringe.

  • 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.

Expert Analysis

  • 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.

  • Trade Secret Law In China: 3 Highlights From 2017

    Ruixue Ran

    China's significant recent developments in trade secret law are encouraging trade secret rights-holders, including multinational companies with a presence in China, to enforce their trade secret rights in the world’s second largest economy, say attorneys with Covington & Burling LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Exmark And The Erosion Of The Entire Market Value Rule

    Matthew Becker

    The Federal Circuit's recent ruling on a reasonable royalty damages theory in Exmark v. Briggs & Stratton continues a trend of the Federal Circuit departing from the vigorous application of the entire market value rule and seemingly unambiguous statements in earlier decisions prohibiting apportionment of the royalty rate, says Matthew Becker of Banner & Witcoff Ltd.

  • A Look At Chemical Supplemental Examination Requests

    Amanda Murphy

    If used strategically, supplemental examination at the U.S. Patent and Trademark Office can provide a powerful tool for chemical patent owners to add to their armamentarium of options for Orange Book-listed patents when conducting a due diligence analysis of their patent estate prior to Orange Book listing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.

  • Cloud-Based Patent Claims — And How Providers Can Help

    R. Paul Zeineddin

    Cloud customers may be exposed to liability for open source technologies that are buried deep within their providers’ offerings. In-house legal teams and developers need to be aware of the risk of patent litigation and the extent to which cloud providers can help mitigate these risks, says R. Paul Zeineddin of Zeineddin PLLC.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • High Court Considers Upending Patent Damages

    Rayiner Hashem

    The U.S. Supreme Court recently granted certiorari in WesternGeco v. Ion, a case that could have significant ramifications for U.S. patent holders who compete in foreign markets, say attorneys with MoloLamken LLP.