Intellectual Property

  • 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.

  • April 19, 2017

    Texas Court Won't Revive $900K Trade Secrets Damages

    A Texas appellate court on Tuesday affirmed a trial judge’s decision to wipe out a jury’s $900,000 damages award to a life settlement firm in a trade secrets dispute with one of its former sales representatives, holding the firm didn’t show evidence establishing its damages.

  • April 19, 2017

    3rd Circ. Endorses New Test In Owner-Distributor Disputes

    The Third Circuit established Tuesday that a multifactor test laid out in a popular legal treatise should be used to resolve trademark disputes between manufacturers and distributors, but it said that test yielded the same outcome in a fight over reflective insulation as the incorrectly applied “first use” test.

  • April 19, 2017

    Shire Files Infringement Suit On Same Day It Gets Drug Patent

    Shire ViroPharma Inc. has sued CSL Behring LLC in Delaware federal court, alleging on the same day Shire received patent protection for a genetic disorder treatment that CSL’s upcoming drug to treat the same condition will infringe its new patent.

  • April 18, 2017

    Hanes Snaps Jockey Licensee With Bra Patent Suit

    A patent infringement battle over a seamless, stretchy bra design began in North Carolina federal court Tuesday when Hanes said a licensee of Jockey knowingly and willingly copied its patented design and asked the court to prevent further infringement.

  • April 18, 2017

    Richard Prince Says Instagram Print Was Transformative Art

    Attorneys for the artist Richard Prince asked a New York federal judge Tuesday to dismiss a copyright infringement suit based on photos he pulled from Instagram, saying his “appropriation art” was transformative and therefore permissible fair use, thanks to a previous, similar copyright suit where he prevailed.

  • April 18, 2017

    Arguments Over Snowplow Patent Limited After PTAB Ruling

    A company accused of infringing a patent for a snowplow mount may only appeal defenses included in an inter partes review petition that the Patent Trial and Appeal Board previously chose to sidestep, a Wisconsin federal court held on Tuesday.

  • April 18, 2017

    Supreme Court Told Lower Courts Misinterpreting Alice

    Broadband iTV has asked the U.S. Supreme Court to find that its patent covering video-on-demand technology is not invalid under Alice, arguing that the Federal Circuit is failing to address lower court splits on how to apply the landmark ruling.

  • April 18, 2017

    Trump Accused Of Chinese TM Emoluments Clause Violation

    The Citizens for Responsibility and Ethics in Washington doubled down on its emoluments clause case against President Donald Trump on Tuesday, filing a new complaint citing Trump’s recently received trademarks from the Chinese government and adding new plaintiffs with concerns over foreign visitors to Trump’s Washington, D.C., hotel.

  • April 18, 2017

    Fed. Circ. Backs PTAB Nix Of Intellectual Ventures Patent

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision invalidating part of an Intellectual Ventures Management LLC wireless patent challenged by Ericsson Inc., rejecting the patent licensing company’s argument that the board’s approach to finding the claims obvious was improper.

Expert Analysis

  • 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.

  • Star Athletica V. Varsity: Ceci N’est Pas Une … Useful Article

    Jacqueline C. Charlesworth

    It is refreshing to encounter a copyright decision that does not contain the terms “fair use” or “Digital Millennium Copyright Act,” and to think about the actual intellectual property that copyright is supposed to protect. Does copyright extend to an artistically crafted pipe, or only a picture of the pipe? Last week, the U.S. Supreme Court gave us just such an opportunity, says Jacqueline Charlesworth, of counsel at Covington & B... (continued)

  • TC Heartland May Cause Protective Suits In ANDA Cases

    Colleen Tracy James

    On Monday, the U.S. Supreme Court will hear oral arguments in TC Heartland, a case that could affect where innovator pharmaceutical companies file patent infringement actions brought pursuant to the Hatch-Waxman Act. We recommend some best practices for branded pharmaceutical companies to employ both before and after the decision is issued, say Colleen Tracy James and Manuel Velez of Mayer Brown LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • What's Left Of Laches Post-SCA Hygiene

    Jerry R. Selinger

    Following the U.S. Supreme Court's decision Tuesday in SCA Hygiene v. First Quality, laches is no longer a defense to a claim for past damages in patent cases. However, at least some penumbra of laches remains available, says Jerry Selinger of Patterson & Sheridan LLP.

  • Expectations For High Court Patent Exhaustion Decision

    Charlie Steenberg

    The U.S. Supreme Court is likely to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Design Patents Are Surviving Post-Grant Challenges

    Tracy-Gene G. Durkin

    Petitioners are struggling to challenge design patents at the Patent Trial and Appeal Board, particularly at the institution stage. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful. The statistics reflect positively on the quality of original examination, say Tracy-Gene Durkin and Pauline Pelletier of Sterne Kessler Goldstein & Fox PLLC.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.