Intellectual Property

  • April 20, 2017

    Feds Want 9 Years For Head Of Counterfeit 5-Hour Energy Plot

    A wholesale distribution company owner who pled guilty to running a scheme to sell counterfeit 5-Hour Energy drinks should serve nine years in prison and pay more than half a million dollars in restitution to the drink’s maker, Innovation Ventures LLC, California federal prosecutors said Wednesday.

  • April 19, 2017

    Prince Estate Sues Over Planned Release Of ‘Deliverance’ EP

    Prince’s estate is suing to block the release of a six-track EP, including unreleased recordings, on the anniversary of the artist’s death, saying the sound engineer behind the “Deliverance” EP has unlawfully held onto the recordings and doesn’t have authorization to release them, according to a suit removed to Minnesota federal court Tuesday.

  • April 19, 2017

    FilmOn Tells Calif. Court Ad Co. Can't Label It IP Infringer

    Internet streaming service FilmOn urged a California appeals court Wednesday to revive its suit alleging online advertising data provider DoubleVerify scared away FilmOn advertisers by falsely labeling the site a copyright infringer, arguing DoubleVerify's confidential business reports for “an audience of one” aren't protected free speech.

  • April 19, 2017

    Tesla, Ex-Driverless Program Chief Settle Trade Secrets Row

    Tesla Motors Inc. and Aurora Innovation, the new driverless car startup from a former Tesla Autopilot program director, on Wednesday announced a settlement ending a breach of contract lawsuit Tesla filed in California state court over alleged trade secret theft and poached employees.

  • April 19, 2017

    Casino Cabinet IP Suit Not Covered In Policy, Insurer Says

    Acuity Insurance Co. on Wednesday asked a Michigan federal court to rule it does not have to indemnify a manufacturer of casino game cabinets in a competitor's patent infringement lawsuit, arguing the underlying suit didn't include a potentially covered claim for trade dress infringement in the insured's advertising.

  • April 19, 2017

    Qualcomm’s 2nd Delay Bid In FTC Row 'Disappoints' Judge

    A California federal judge told Qualcomm Inc. attorneys Wednesday she’s “disappointed” that they asked her again to delay discovery in the Federal Trade Commission’s antitrust suit over patent licensing practices, three days after she denied their initial request, saying during a hearing she “hope[s] that’s not an indication of how [they] intend to litigate this case.”

  • April 19, 2017

    Avaya Argues For Continued Stay Of BlackBerry's Patent Suit

    Bankrupt telecom giant Avaya Inc. told a New York bankruptcy judge on Tuesday that BlackBerry Corp.'s bid to lift the debtor's Chapter 11 litigation shield for allegedly continuing to sell infringing products is without good cause and, if granted, could thwart the company's restructuring.

  • April 19, 2017

    Diabetes Test Maker Eavesdropped In Abbott Suit, Attys Say

    An executive for a company accused by Abbott Laboratories of selling “gray market” diabetes test strips listened in on other defendants' confidential depositions with the help of Kerr Russell counsel, attorneys alleged in New York federal court Wednesday, saying the depositions touched on trade secrets and other sensitive information.

  • April 19, 2017

    PTAB Rejects Follow-On Challenge To Fingerprint Patent

    The Patent Trial and Appeal Board on Tuesday rejected a petition from Synaptics Inc. that sought review of a patent related to fingerprint sensors, saying it was convinced that Synaptics had used earlier board decisions as a road map for the challenge.

  • April 19, 2017

    WiLAN To Move Away From Patent Licensing In Shakeup

    Major patent-licensing company WiLAN Inc. has announced that it will shift its focus away from monetizing patents and toward acquiring internet of things businesses, saying "significant changes" in the patent environment mean that it cannot meet its financial goals through licensing alone.

  • April 19, 2017

    McCartney Says Sony Seeks Leverage With Threat Of Suit

    An attorney for Paul McCartney on Wednesday told a Manhattan federal judge that a Sony Corp. unit is holding the prospect of a breach of contract suit in the U.K. as leverage over the Beatles musician, who is seeking court protection if he claws back copyrights Sony’s predecessors acquired 50 years ago.

  • April 19, 2017

    Invisalign Patents To Get Yet Another Look At USPTO

    The U.S. Patent and Trademark Office will reopen a probe into the validity of two patents held by the parent company of the popular braces alternative Invisalign following a Patent Trial and Appeal Board ruling nixing another Invisalign patent, according to recent filings.

  • April 19, 2017

    2nd Circ. Judge Rips NY Court's 'Crystal Clear Mistake'

    A Second Circuit judge hearing the appeal of a $3.5 million summary judgment in favor of New York University in a breach of contract dispute between the school and drugmaker Galderma Laboratories Inc. told the parties Wednesday that U.S. District Judge Alvin K. Hellerstein made a “crystal clear mistake” of New York law in deciding the case.

  • April 19, 2017

    Fed. Circ. Backs Alice Win For VW, More On Display Patents

    The Federal Circuit on Wednesday upheld a victory for Volkswagen, Nissan and other major automakers, ruling that dozens of claims of seven computer display patents that patent licensing company West View Research LLC accused them of infringing are invalid as abstract.

  • April 19, 2017

    CVS Health Urges Toss Of TM Dilution Claim In Logo Fight

    CVS Health Corp. on Tuesday urged a federal judge to toss part of a suit alleging its heart-shaped logo dilutes the trademark held by a health app maker, arguing against a Ninth Circuit ruling that would support keeping the claim alive.

  • April 19, 2017

    6th Circ. Says Horse Race Game Doesn't Infringe IP

    The Sixth Circuit on Wednesday affirmed a ruling in favor of horse racing venue Kentucky Downs and gambling technology company Exacta Systems LLC in a lawsuit by a group of racetrack owners, saying the use of their track names in a video-based gambling system does not constitute trademark infringement.

  • April 19, 2017

    Sonos Gets Judge To Kill 2 Of Rival's Patents Under Alice

    Sonos Inc. has trimmed some claims from its patent fight with rival audio equipment maker D&M Holdings Inc., as a Delaware federal judge ruled Tuesday that two D&M patents were invalid under the U.S. Supreme Court’s Alice standard.

  • April 19, 2017

    Crocs Rival’s Antitrust Row Gets Booted From IP Fight

    A Colorado federal judge has nixed antitrust claims in footwear maker U.S.A. Dawgs Inc.’s suit alleging that rival Crocs Inc. fraudulently obtained patents and filed sham lawsuits to dominate the market for molded clogs, but he has kept alive allegations that Crocs’ ads are misleading.

  • April 19, 2017

    PTAB Denies Review Of Uniloc Computer Network Patent

    The Patent Trial and Appeal Board said Tuesday it would not institute inter partes review of a computer network patent that Uniloc USA Inc. has accused numerous companies of infringing, rejecting a challenge from defensive patent group Unified Patents Inc.

  • April 19, 2017

    Rutgers' BioArray Licensing Suit Kicked Back To State Court

    Rutgers University’s lawsuit accusing BioArray Solutions Ltd. of fraud and breaching a chemical patent license agreement is now back in state court following a federal court judge’s finding that the case doesn’t lodge any federal claims.

Expert Analysis

  • 'Frontier' Issues: Pay-For-Delay And Patent Holdup

    Lesli C. Esposito

    Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.

  • The Issues Justices Are Focusing On In TC Heartland

    S. Gregory Herrman

    In a surprise to those expecting a unanimous reversal in TC Heartland, the U.S. Supreme Court justices asked tough questions to both sides on Monday, some even seeming to lean at least slightly toward affirming the Federal Circuit’s broad interpretation of patent venue. Only Chief Justice John Roberts appeared to be leaning significantly in favor of a reversal, says Gregory Herrman of Blank Rome LLP.

  • Pleading Civil RICO: Lessons From The Abbott Litigation

    Derrelle M. Janey

    A New York federal court's recent dismissal of civil Racketeer Influenced and Corrupt Organizations Act claims in a massive case brought by Abbott Laboratories serves as a strong reminder for complex civil litigation practitioners that civil RICO claims must meet special pleading requirements, especially where the plaintiff alleges large, complicated schemes, says Derrelle Janey of Gottlieb & Janey LLP.

  • A Startup Attorney’s Tips To Advance Company Diversity

    Kristine Di Bacco

    We particularly see a disparity in diversity between the technology and life sciences companies of the Silicon Valley 150 and the larger public companies of the S&P 100 — that is, the larger the company, the more likely it is to have a more gender-diverse workplace, especially at the senior executive level, says Kristine Di Bacco of Fenwick & West LLP.

  • ITC False Ad Decision Shows The Breadth Of Section 337

    Beau Jackson

    The U.S. International Trade Commission’s recent decision in Certain Woven Textile Fabrics highlights the advantages of using Section 337 to combat a variety of harmful imports, not just those associated with intellectual property infringement, say Beau Jackson and Michael Doman of Adduci Mastriani & Schaumberg LLP.

  • Jam Recipe Yields 1st DTSA Verdict

    Thomas A. Muccifori

    A federal jury in Pennsylvania recently returned the first verdict under the Defend Trade Secrets Act. Although Dalmatia’s proprietary fig spread recipes would have been protected under the Pennsylvania Uniform Trade Secrets Act, the case stands as a reminder of the powerful protections that can arise from the DTSA in the proper factual scenario, say Thomas Muccifori and Daniel DeFiglio of Archer & Greiner PC.

  • 5 Things To Expect If High Court Reverses TC Heartland

    Jenny Colgate

    If the U.S. Supreme Court reverses the Federal Circuit in the TC Heartland patent venue case, it will present a dramatic change for practitioners who were not litigating patent cases before 1988, say Jenny Colgate and Nechama Potasnick of Rothwell Figg Ernst & Manbeck PC.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Opinion

    Copyright Clause Shows Fallacy Of Originalism

    Andrew W. Stroud

    The Copyright Clause demonstrates that the Constitution is a living document. Both Congress and the U.S. Supreme Court have understood that its application extends well beyond anything the framers could have conceived in 1787. Imagine if you had asked a framer whether the fanciful design on a cheerleader uniform was a “writing,” says Andrew Stroud of Hanson Bridgett LLP.

  • Can A Patent Be Both Abstract And Not Abstract?

    Jason J. Keener

    Due to two recent Patent Trial and Appeal Board decisions involving Trading Technologies, the Federal Circuit may soon need to weigh in on whether the PTAB or a district court can find a patent invalid for ineligible subject matter when a different court has already found the same patent contains patent-eligible subject matter, says Jason Keener, chairman of Fox Swibel Levin & Carroll LLP's intellectual property group.