Intellectual Property

  • April 12, 2018

    Olympian Urges 9th Circ. To Rescue $10M NBC Royalties Suit

    Former Olympic figure skater Oksana Baiul’s counsel asked the Ninth Circuit during a Thursday hearing to revive her suit seeking $10 million in royalty payments from NBC for the 1994 television special “Nutcracker on Ice,” arguing the case should have been sent back to state court, not dismissed.

  • April 12, 2018

    Full Fed. Circ. Won't Take On Ariosa Re-Exam Challenge

    The full Federal Circuit on Thursday declined to take up Ariosa Diagnostics Inc.’s request for a rehearing of a decision that upheld a Patent Trial and Appeal Board decision that terminated three patent re-examinations after finding the requests duplicated other failed attempts.

  • April 12, 2018

    USPTO Chief's Call For New Path On Patents Draws Cheers

    U.S. Patent and Trademark Office Director Andrei Iancu put the agency on a new course toward stronger patents with a speech Wednesday pledging to make the patent system more predictable, a move praised by experts who said he appears set to reshape patent examinations and review proceedings.

  • April 12, 2018

    Levi's Has Filed Trademark Suits Against Just About Everyone

    A new trademark case filed by Levi Strauss & Co. against a French designer over "tabs" sewn onto jeans is hardly the company’s first: Levi’s has spent the past 30 years using the Lanham Act to sue rival companies over tabs, stitching and other design features.

  • April 12, 2018

    Blackbird, Capital One Settle Fraud Alert Patent Suit

    Massachusetts-based Blackbird Technologies announced Wednesday it has reached a settlement with Capital One Financial Corp. to end claims that the bank’s methods of alerting customers to potential fraud through email and text messages infringe on three patents.

  • April 12, 2018

    Fed. Circ. OKs PTAB's Trim Of Luitpold Iron Patents

    The Federal Circuit on Thursday affirmed a set of Patent Trial and Appeal Board decisions trimming two of Luitpold Pharmaceuticals Inc.’s iron patents, shooting down the Daiichi Sankyo Co. company’s push for relief.

  • April 12, 2018

    Fed. Circ. Affirms Canon's Patent Win And $1.8M Attys' Fees

    The Federal Circuit on Wednesday upheld lower court rulings that cleared Canon Inc. of infringing flash memory card reader patents and required the companies that filed the lawsuit to pay nearly $1.8 million in Canon's attorneys' fees.

  • April 12, 2018

    Toyo Gets 2 Quick Wins In Chinese Tire IP Row

    A California federal judge on Thursday granted a partial win to Toyo Tire on its breach of contract and trade dress infringement claims against two Chinese tire companies, saying the conclusion of a 2014 suit between the parties left no question that a contract enjoined the companies from using Toyo’s trade dress.

  • April 12, 2018

    Apple's Infringement In $502M Security IP Row Willful: Jury

    One day after finding Apple Inc. infringed VirnetX network security patents, a jury in the Eastern District of Texas on Wednesday found the infringement was willful, a decision that has the potential to put the iPhone maker on the hook for more than $1.5 billion in damages after an initial award of over $502 million.

  • April 12, 2018

    Wachtell Adds Ex-Silicon Valley Tech, IP Deals Pro In NY

    A Silicon Valley technology transactions and intellectual property specialist has taken his practice back to New York after more than 20 years at Wilson Sonsini Goodrich & Rosati PC, joining Wachtell Lipton Rosen & Katz in a rare lateral move for the firm.

  • April 12, 2018

    Booking.com Asks Full 4th Circ. To Nix USPTO Atty Fee Rule

    Booking.com is pushing for an unusual fast-track appeal to the en banc Fourth Circuit after it was ordered to pay the U.S. Patent and Trademark Office a whopping $76,000 in attorneys’ fees even after winning a case.

  • April 11, 2018

    Imperium In Rarefied Air With $7M Patent Atty Fee Award

    Imperium IP Holdings secured a whopping $7 million in attorneys' fees last week in a patent case against Samsung, among the largest of its kind since a U.S. Supreme Court ruling made it easier for winning patent litigants to recover fees. Here, Law360 looks at this and other notable recent fee awards.

  • April 11, 2018

    FTC Appeals Big Loss To A Shire Unit In Sham Petition Case

    The Federal Trade Commission on Wednesday appealed its stinging loss to Shire ViroPharma Inc. in a landmark case that alleges abuse of the U.S. Food and Drug Administration’s citizen petition process to delay competition from generic drugs.

  • April 11, 2018

    Durie Tangri Should Be DQ'd From Twitter TM Row, Court Told

    An internet programming host suing Twitter over trademark and breach of contract issues related to streaming of audio and visual content told a California federal judge Tuesday that the social media giant's law firm, Durie Tangri LLP, should be disqualified, arguing that a partner at the firm previously met with the hosting company's principals and obtained significant confidential information.

  • April 11, 2018

    Delrahim Separates DOJ's IP Advocacy From Antitrust Action

    U.S. Department of Justice antitrust chief Makan Delrahim on Wednesday continued to press his worry that patent holders could be victims of antitrust violations — not just perpetrators as they are often accused of being — but he also tried to quell concerns that his earlier statements on patent issues signaled a big change in federal efforts to combat patent abuses.

  • April 11, 2018

    Fed. Circ. Affirms PTAB Wins For Apple, Samsung, Google

    The Federal Circuit affirmed Wednesday several Patent Trial and Appeal Board decisions invalidating Smartflash data storage patents challenged by Apple, Samsung and Google, choosing not to take up the licensing company's argument that its patents were not within the scope of the America Invents Act's covered business method review program.

  • April 11, 2018

    Fed. Circ. Affirms HTC, Amazon's Win In 8-Patent Alice Row

    The Federal Circuit on Wednesday upheld a lower court’s decision invalidating eight video and data-related patents asserted against HTC and Amazon after finding that none of the patents in the suit could withstand the U.S. Supreme Court’s standard under Alice.

  • April 11, 2018

    Payment Processor Slams Bad-Faith Fees Bid In Patent Row

    A payment processing company has told a New Jersey federal judge that its suit seeking a declaration that it didn’t infringe a New Jersey sports memorabilia dealer’s patents wasn’t frivolous and didn’t warrant sanctions given the dealer’s repeated accusations that the payment processor didn’t own the patents.

  • April 11, 2018

    UK Football Club Accuses Utah Kids' Group Of Stealing TM

    Britain's Liverpool Football Club launched a trademark infringement suit in Texas federal court Tuesday alleging a Utah-based youth soccer group struck a deal to use the professional team’s crest and other insignia but has since willfully refused to make the required payments.

  • April 11, 2018

    Apple Says Uniloc’s 'Bad' Patent Suit Warrants Sanctions

    Apple Inc. urged a California federal judge Wednesday to toss Uniloc USA Inc.’s patent infringement suit and sanction the nonpracticing entity, saying Uniloc pursued the claims knowing Apple's devices don’t use Uniloc’s motion device technology and such "bad cases" should be cut off in their infancy.

Expert Analysis

  • For Fate Of IPR Use, We Can Look To Dr. Seuss

    Travis Jensen

    In 2011, I used Dr. Seuss’ classic story “The Sneetches” to explain to a group of Stanford students the creation of the inter partes review regime. With the U.S. Supreme Court expected to issue its Oil States ruling any day, it is an ideal time to revisit the Sneetches analogy, says Travis Jensen of Orrick Herrington & Sutcliffe LLP.

  • Eligibility Rulings May Lead To Shift In Patent Prosecution

    Daniel Venglarik

    Three Federal Circuit decisions on subject matter eligibility conflict with U.S. Patent and Trademark Office guidance. A recently filed petition for rehearing en banc, if granted, may afford the full court an opportunity to clarify the role of factual evidence in eligibility determinations, say Daniel Venglarik and Neil Ferrari of Munck Wilson Mandala LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • A View From Silicon Valley: Tax Reform And The Tech Industry

    Michele Alexander

    Many of the most discussed provisions in the Tax Cuts and Jobs Act have particular significance for the technology industry, affecting companies’ choices about entity classification, where they do business and hold assets, and the manner in which they receive or make investments. Michele Alexander and Ryan Davis of Bracewell LLP discuss the options.

  • Metaphysical Questions After TC Heartland

    Ben Quarmby

    Following the U.S. Supreme Court's decision in TC Heartland, district courts are increasingly turning to the Federal Circuit’s 2005 opinion in NTP v. Research in Motion for insight on the “commitment” prong of the venue statute. This yields some guidelines for practitioners, but falls short of providing absolute clarity, say Ben Quarmby and Sara Margolis of MoloLamken LLP.

  • Navigating The USPTO First Action Interview Pilot Program

    Robert Curylo

    Practitioners who are well versed in the phases of the U.S. Patent and Trademark Office's First Action Interview pilot program — including enrollment, pre-interview considerations, and various outcomes following the interview — can fully leverage its advantages on behalf of clients, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.

  • An Update On The Blockchain Patent Landscape

    Nelson Rosario

    What is perhaps more interesting than the number of blockchain-related patent filings, or their subject matter, is the number of assignees for these patents, says Nelson Rosario of Marshall Gerstein & Borun LLP.

  • Don't Run Afoul Of NCAA Trademarks During March Madness

    Chas Rampenthal

    It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at LegalZoom.com Inc.

  • The Case For Early Mediation Or Arbitration In IP Disputes

    Jerry Cohen

    Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.

  • Thorny Questions For IP Rights Under Investment Treaties

    Claudia Annacker

    The recent ruling in Bridgestone Licensing Services v. Republic of Panama by an ICSID tribunal has implications for owners and licensees of IP rights, particularly with respect to the protections they can expect for their trademarks under investment treaties, according to attorneys with Cleary Gottlieb Steen & Hamilton LLP.