Intellectual Property

  • February 8, 2018

    Fed. Circ. Says Judge Jumped Gun In Giving Alice Win To HP

    The Federal Circuit ruled Thursday that a lower court wrongly found part of a digital file archiving patent HP is accused of infringing to be invalid as abstract, holding that the case involved factual issues that the judge should not have resolved on summary judgment.

  • February 8, 2018

    US Drops To 12th In Patent Protection, Report Says

    Once the world leader in patent protection, the United States has dropped to No. 12 this year, according to U.S. Chamber of Commerce rankings released Thursday.

  • February 8, 2018

    Lewis Brisbois Nabs Baker Donelson IP Pro

    Lewis Brisbois Bisgaard & Smith LLP is expanding its intellectual property capabilities with the addition of a Baker Donelson Bearman Caldwell & Berkowitz PC shareholder with an extensive background defending intellectual property rights, and particular experience in litigating Hatch-Waxman pharmaceutical matters.

  • February 8, 2018

    Auto Parts Supplier Sues CBP For Seizing ‘Lawful’ Parts

    An automobile parts supplier accused the government of illegally seizing its imported repair grilles in a suit in Delaware federal court Wednesday, saying the parts are not counterfeit but “lawful replacement parts.”

  • February 8, 2018

    Safe Harbor Protects Protagonist From Infringement Suit

    A reference laboratory can’t sue Protagonist Therapeutics for allegedly infringing a patent tied to a potential treatment for autoimmune disorders, as the drug company is protected by a safe harbor tied to developing drugs to be submitted for federal approval, a California federal judge said Wednesday in dismissing the suit.

  • February 7, 2018

    Google Co-Founder Mentor Then Rival, Ex-Uber CEO Testifies

    Former Uber CEO Travis Kalanick told a California federal jury on Wednesday that he’d considered Alphabet Inc. CEO Larry Page a mentor before he heard Google was planning to jump into the ride-hailing business, recounting a professional rivalry in Alphabet unit Waymo’s trade secrets case against the company he co-founded.

  • February 7, 2018

    Microsoft Gave Corel Notice Of IP Theft In '09, Jury Told

    A former Microsoft Corp. executive told a California federal jury Wednesday that she informed Corel Corp. representatives that its home office software infringed Microsoft’s patents back in 2009, notice that the tech company contends entitles it to eight years of its rival’s profits.

  • February 7, 2018

    FDA Approves Gilead's HIV Med; Rival Claims Infringement

    Hours after the U.S. Food and Drug Administration approved Gilead Sciences Inc.’s new HIV medication Biktarvy, rival ViiV Healthcare Co. filed a patent infringement lawsuit in Delaware federal court Wednesday accusing the biotech company of copying its Tivicay drug, which in 2016 hit $1.4 billion in sales.

  • February 7, 2018

    Texas Firm With Same Initials Didn't Infringe TM, Judge Rules

    A Texas personal injury law firm can’t stop lawyers with the same initials as its partners from using the initials in their marketing materials, according to a ruling in a state court case over whether using initials creates a valid common-law trademark in the Lone Star State.

  • February 7, 2018

    PTAB Upholds Patent For Medac's Arthritis Drug Injector

    The Patent Trial and Appeal Board on Wednesday upheld a Medac GmbH patent covering its rheumatoid arthritis treatment Rasuvo, an auto-injector that provides highly concentrated doses of methotrexate, ending a challenge brought by Koios Pharmaceuticals LLC.

  • February 7, 2018

    PTAB Finds Widely Asserted Fitness Tracker Patent Obvious

    The Patent Trial and Appeal Board on Tuesday held that a SportBrain Holdings LLC patent for fitness tracker technology was obvious, invalidating a patent that dozens of companies, including Apple Inc., Nike Inc. and Fossil Inc., have been accused of infringing.

  • February 7, 2018

    'Peaceful Piranha' Too Similar To 'Piraña,' TTAB Says

    The Trademark Trial and Appeal Board on Tuesday refused to let supermarket chain Hy-Vee register a “Peaceful Piranha” snack brand as a trademark, ruling it was confusingly similar to an existing snack line called “Piraña.”

  • February 7, 2018

    Fed. Circ. Shoots Down Adobe's Bid To Reverse Fee Denial

    A Federal Circuit panel on Wednesday affirmed a decision declining to award Adobe Systems Inc. attorneys’ fees in a patent infringement suit brought against it by a nonpracticing entity, just two days after hearing oral arguments.

  • February 7, 2018

    Infineon Still Can't Sell Some Semiconductor Products

    The Federal Circuit has largely affirmed a lower court’s decision barring Infineon from making or selling certain semiconductor products in the field of technology exclusive to Macom Technology under a patent agreement between the companies, vacating only a few sentences for lack of specificity, in an opinion unsealed Tuesday.

  • February 7, 2018

    3rd Circ. Denies GSK Rehearing Bid In Flonase Antitrust Suit

    The Third Circuit on Wednesday said it won’t reconsider its decision to let Louisiana sue GlaxoSmithKline for allegedly blocking a generic version of its nasal spray Flonase despite the state not actively opting out of a 2013 class action settlement.

  • February 7, 2018

    AbbVie Filed Patent Suits To Delay Competition, Court Told

    The patent lawsuits filed by AbbVie Inc. and Besins Healthcare Inc. over generic testosterone replacement treatments were “anti-competitive weapons” used to delay competition for the brand-name drug AndroGel, an attorney for the Federal Trade Commission said Wednesday while opening the bench trial in the agency’s antitrust suit in Pennsylvania federal court.

  • February 7, 2018

    Models Say Fla. Strip Club Ripped Off Their Likenesses

    Three models, including two former Playboy Playmates, are seeking several million dollars in damages in a lawsuit filed in Florida state court against Tampa strip club Deja Vu for its alleged use of pirated images of them to promote its business.

  • February 7, 2018

    ITS Money Transfer Patents Not Abstract, Fed. Circ. Told

    Integrated Technological Systems Inc. pressed a Federal Circuit panel in oral arguments Wednesday to revive claims in four money transfer patents that the company contends were wrongly deemed abstract.

  • February 7, 2018

    Latham's $1.6M Fee Bid An 'Obscene' Request, Atty Says

    A California judge on Wednesday tentatively granted Latham & Watkins LLP’s request for about $1.6 million in attorneys’ fees it paid to McKool Smith Hennigan PC for defeating a long-running malicious prosecution action, saying that the billings are typical for the Los Angeles area despite opposing counsel’s assertion they are “obscene.”

  • February 7, 2018

    BMW Dealerships Not ‘Places Of Business,' Judge Rules

    BMW dealerships that are owned by other companies are not “places of business” for the automaker under the U.S. Supreme Court’s TC Heartland ruling, a California federal judge has held in a decision transferring a patent case against BMW to Delaware for improper venue.

Expert Analysis

  • When And How To Use Conjoint Analysis For Patent Damages

    Daniel Korczyk

    Under the right conditions, conjoint analysis is appealing as a mechanism to help disaggregate royalty rates consistent with relative contributions of technology components to a product’s overall value. There are several factors to consider in determining whether it is the appropriate damages methodology, says Daniel Korczyk of GlassRatner Advisory & Capital Group LLC.

  • IPR Appeals In 2017: The Outcomes In Remands To PTAB

    Kerry Taylor

    One reason why there were few 2017 inter partes review remand decisions that reached the same result as the pre-remand decisions may be that the Federal Circuit has left less room for the Patent Trial and Appeal Board to do so, say Kerry Taylor and Clayton Henson of Knobbe Martens.

  • Oil States Patent Dispute Will Affect Bankruptcy Courts

    Benjamin Feder

    A patent dispute before the U.S. Supreme Court this term, Oil States v. Greene’s, concerns the limits of Congress’ ability to create courts under Article I and therefore raises separation-of-power issues similar to those in Stern v. Marshall, where the Supreme Court limited the authority of the bankruptcy courts, says Benjamin Feder of Kelley Drye & Warren LLP.

  • IPR Appeals In 2017: The Pendency And Success Rates

    Kerry Taylor

    To help litigants forecast the amount of time an inter partes review appeal will take, attorneys with Knobbe Martens analyzed each IPR appeal decided by the Federal Circuit over the last year and compiled statistics.

  • A Definiteness Reminder For Pharmaceutical Patent Drafters

    Brian Trinque

    The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • Martin Luther King Jr. And Copyright: 5 Things To Know

    David Kluft

    Monday is Martin Luther King Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister. Although copyright is not — and should not be — the first thing that comes to mind when we think of King, his legacy's impact on copyright law ought to be somewhere on the list, says David Kluft of Foley Hoag LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.