Intellectual Property

  • March 13, 2018

    Quarles & Brady Adds Ex-Michael Best Trademark Pro

    Quarles & Brady LLP has strengthened its intellectual property practice group in its Madison, Wisconsin, office with the addition of a former Michael Best & Friedrich LLP attorney who specializes in trademark prosecution and enforcement matters.

  • March 12, 2018

    Recent Patent-Eligibility Cases Leave Unanswered Questions

    In a series of recent decisions, the Federal Circuit has upheld patents and found that they do not claim patent-ineligible abstract ideas or laws of nature, but the rulings have left attorneys pining for more guidance about where the court will draw the line on patent eligibility in future cases.

  • March 12, 2018

    $40M Acne Med Pay-For-Delay Trial Kicks Off In Boston

    A rare pay-for-delay trial kicked off Monday in a Massachusetts federal court with classes of consumers and big retailers such as CVS, Walgreens, Rite Aid and Safeway hammering Impax Laboratories Inc. over claims that it agreed to hold off on launching a generic version of acne medicine Solodyn in exchange for a $40 million payoff.

  • March 12, 2018

    Dolby Sues Adobe Over Alleged Licensing Noncompliance

    Sound technology company Dolby Laboratories accused Adobe Systems of refusing to comply with audits Dolby claims are required under an audio system licensing agreement in a copyright and contract suit filed in California federal court Monday.

  • March 12, 2018

    GoPro Can't Prove Rival Forged Docs In IP Row, Court Told

    GoPro rival 360Heros told a California federal court Friday that it did not forge any evidence in a trademark and copyright infringement suit over an underwater rig, saying GoPro can prove none of the accusations it made in a bid to sanction the company.

  • March 12, 2018

    Apple, Others Get Claims In LTE Patent Nixed At PTAB

    The Patent Trial and Appeal Board on Monday held several claims in an Evolved Wireless LLC patent related to LTE wireless technology were invalid, finding the evidence “overwhelmingly” supported a challenge brought by Apple Inc. and other smartphone makers.

  • March 12, 2018

    Photog Fights Quick Appeal After Embedded Tweet Ruling

    A photographer who won a controversial copyright ruling last month against Time Inc. and other news outlets over embedded tweets is fighting their bid for an immediate appeal, saying “unhappiness” with the ruling is not enough for such “extraordinary relief.”

  • March 12, 2018

    PTAB Denies Coherus' Challenge To 2 Enbrel Patents

    The Patent Trial and Appeal Board on Friday shot down Coherus BioSciences’ request to reevaluate two patents owned by Hoffman-LaRoche Inc., which are licensed to Amgen Inc. for its blockbuster immunosuppressant Enbrel.

  • March 12, 2018

    USPTO Redesigns Patent Covers For 10 Millionth Patent

    For only the second time in the last 100 years, the U.S. Patent and Trademark Office has redesigned the patent cover it issues to inventors, unveiling the new look during the South by Southwest festival in Texas on Sunday to mark patent number 10 million, which will issue later this year.

  • March 12, 2018

    'Stairway' Jury Should Have Heard Tunes, 9th Circ. Told

    The man who unsuccessfully sued Led Zeppelin for allegedly stealing the iconic intro to its 1971 hit "Stairway to Heaven" told a Ninth Circuit panel Monday that he was cheated out of a favorable verdict because the jury never got to hear and compare the original recordings of the songs.

  • March 12, 2018

    Atty Dubbed Copyright 'Troll' Fights $10K Sanctions Order

    An attorney who has been labeled a copyright "troll” pushed back Monday against a New York federal judge’s decision to hit him with $10,000 in sanctions, saying the case had already settled by the time the judge began pursuing the question of sanctions, and that she didn’t have the authority to issue punitive sanctions.

  • March 12, 2018

    Holland & Knight Adds Commercial Litigator In Dallas

    Holland & Knight LLP has hired away a litigation partner from Thompson & Knight LLP in Dallas in a move it says will bolster its complex commercial litigation practice.

  • March 12, 2018

    R&B Singer Jill Scott Sued Over Greeting Card Deal

    Three-time Grammy Award-winner Jill Scott has been sued in Pennsylvania state court by a friend who says she went around him to partner with Hallmark, despite an oral agreement that he said would have given him a 50 percent cut of any greeting card deal.

  • March 12, 2018

    PTAB Won't Take Up Verizon Challenge Of Mobile Ad Patent

    The Patent Trial and Appeal Board shot down Verizon's attempt to challenge a network traffic steering patent Friday, declining to institute a challenge on the patent held by Bridge and Post Inc. that's part of a Virginia infringement case.

  • March 12, 2018

    Cole Schotz Grows IP Group With Ex-Greenberg Partner

    Cole Schotz PC has added an intellectual property attorney from Greenberg Traurig LLP who has experience building and protecting brands to its New Jersey office, the firm announced Monday.

  • March 12, 2018

    Lucasfilm Rips Defense Of 'Star Wars' Game App In TM Suit

    Walt Disney Co.’s Lucasfilm Ltd. is striking back in a trademark lawsuit the studio filed over a mobile app named for a “Star Wars” card game, calling the defendant’s arguments “specious” and “clearly wrong.”

  • March 12, 2018

    Fed. Circ. Rules Gilstrap Wrongly Freed Google From IP Suit

    The Federal Circuit on Monday gave new life to a patent lawsuit over Google LLC messaging services, finding that Judge Rodney Gilstrap of the Eastern District of Texas needs to re-evaluate whether SimpleAir Inc. is suing the search engine giant over simply “slightly different shades of the same invention.”

  • March 12, 2018

    Closed Qualcomm Office Creates Venue In IP Row, Judge Says

    A Florida federal judge found on Thursday that Qualcomm’s shuttered office in Orlando, which closed “within weeks” of a smartphone patent suit being filed against it, was sufficient to establish venue for the San Diego-based company.

  • March 12, 2018

    EU Says Pay-For-Delay Drug Settlements Still Down

    European Union pay-for-delay settlements between brand pharmaceutical companies and their generic competitors to restrict generic entry into the market “have stabilized at a low level,” European Commission antitrust regulators concluded in a report looking at deals reached in 2016 to resolve drug patent infringement lawsuits.

  • March 12, 2018

    Sports Memorabilia Dealer Wants Bad-Faith Fees Over Patents

    A New Jersey sports memorabilia dealer on Friday asked a federal judge for attorneys’ fees as sanctions following the Federal Circuit’s ruling that a payment processor’s suit seeking a declaration it didn’t infringe the dealer’s purported interactive software patents was frivolous.

Expert Analysis

  • Hearsay Hurdle: Proving Nonpatent Literature Is Prior Art

    Rachel Emsley

    For petitioners at the Patent Trial and Appeal Board, showing nonpatent literature publications to be “prior art” presents a twofold challenge. The PTAB recently discussed the public accessibility issue. But the second issue — whether the evidence comports with the Federal Rules of Evidence — may be less familiar to parties at the PTAB, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • A Back-To-Basics Approach To Patent Damages Law

    Aaron Fahrenkrog

    The Federal Circuit's recent decision in Finjan demonstrates how creating patent-specific rules for damages creates uncertainty for future litigants. The patent community would benefit from the law of patent damages returning to fundamental tort and evidentiary principles, say attorneys with Robins Kaplan LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • 6 Mistakes To Avoid When Talking To Patent Jurors

    Dan Gallipeau

    On more than one occasion, I have seen patent counsel start the opening by saying to the jury, “This is a really complex case that will be hard to understand at times, but we will get through it together.” Sounds like preparation for a root canal, says Dan Gallipeau of Dispute Dynamics Inc.

  • Protecting Trade Secrets Disclosed To The FDA

    Douglas Nemec

    Considering the U.S. Food and Drug Administration's increased focus on transparency, life science companies should take a fresh look at the protections over trade secret information disclosed to the FDA and be prepared to resist the disclosure of such information, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Reconsidering Accelerated Examination — While It's Still Here

    Howard Levy

    The U.S. Patent and Trademark Office recently indicated that its accelerated examination program could be terminated. While the persistent criticisms of accelerated examination are valid, they might not justify the distinct rarity of AE usage, says Howard Levy of Cantor Colburn LLP.

  • Opinion

    Contingency Fees Make Patent Enforcement Accessible

    Eric Evain

    For many small entities, startup companies and universities, patent litigation is simply too expensive to pursue. Contingency fee patent litigation eliminates these concerns for certain cases, says Eric Evain, leader of Grant & Eisenhofer PA's intellectual property litigation group.