Intellectual Property

  • April 17, 2017

    Justices Won't Hear Snowplow Patent Case To Clarify Alice

    The U.S. Supreme Court will not review the invalidation of five snowplow technology patents to clarify how the patent eligibility precedent it set in 1981 in Diamond v. Diehr holds in light of its landmark 2014 Alice ruling, according to an order list issued on Monday.

  • April 17, 2017

    Justices Won't Hear Appeal Of Alice Wins On Streaming IP

    The U.S. Supreme Court declined Monday to hear Affinity Labs’ appeal of a pair of Federal Circuit decisions that held two streaming media patents asserted against Amazon, DirecTV and major sports leagues are invalid for claiming only abstract ideas.

  • April 17, 2017

    Alcoa Can't Nix Claim That $200M Trade Secrets Suit Is 'Sham'

    Alcoa's efforts to evade counterclaims assailing its $200 million trade secrets theft suit against an aircraft parts manufacturing rival are better left until after discovery closes, a Georgia federal judge has said, finding Universal Alloy's assertion it is a “sham” lawsuit meant to dissuade competition is strong enough to survive dismissal.

  • April 14, 2017

    Timberlake And Spears Seek $756K In Concert Screen IP Row

    Justin Timberlake and Britney Spears on Friday told a California federal judge their request for about $756,000 in attorneys’ fees was reasonable after beating an infringement suit over display screens at concerts, saying their Pryor Cashman LLP team was asking a fair price for its work on the complex suit.

  • April 14, 2017

    Longtime MoFo, Pomerantz Attys Launch Boutique Firm

    Three former BigLaw partners have started a boutique Bay Area firm specializing in tax, intellectual property, white collar and consumer protection law.

  • April 14, 2017

    Ex-Patton Boggs Partner Can't Advance Ch. 7 Malpractice Suit

    A former Patton Boggs intellectual property partner cannot sue his bankruptcy attorney for malpractice over her handling of his personal Chapter 7 bankruptcy case since that claim is property of his bankruptcy estate and can only be brought by the trustee, a Virginia federal judge held Friday.

  • April 14, 2017

    Fed. Circ. Backs Apple’s Texas Jury Win On Ex-Nokia Patent

    The Federal Circuit on Friday let stand an Eastern District of Texas jury verdict that cleared Apple of infringing a cellular communications patent originally issued to Nokia and now owned by a patent licensing company led by an ex-Apple executive.

  • April 14, 2017

    Brand Battles: Dr. Pepper, MLB, Dom Perignon

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Dr. Pepper is stymied in its efforts to register a hard root beer brand, Major League Baseball takes on a bong maker over "Major League Dabbing," and Dom Perignon is nonplussed about a dog pun.

  • April 14, 2017

    3rd. Circ. Backs Dow Unit In Ex-Worker's Retaliation Suit

    The Third Circuit on Friday backed Rohm & Haas Co.’s victory over a former employee’s allegations that the Dow Chemical Co. unit retaliated against her for filing bias complaints, ruling that flaws in the company lawyer’s testimony were understandable given the time span of the litigation.

  • April 14, 2017

    Facebook, Instagram Lose Bid For CBM Patent Review

    The Patent Trial and Appeal Board has held that four patents covering media file playback are not eligible for review under the America Invents Act's covered business method program, saying the owner was not wrong to strike finance-related elements from the patents once Facebook Inc. and Instagram LLC challenged them.

  • April 14, 2017

    Accused Infringer Defends Fed. Circ.'s One-Line Affirmances

    An Oregon company locked in a dispute over patents on a system for detecting gas leaks defended the Federal Circuit’s use of summary orders Thursday, saying the court is not legally required to write an opinion in all appeals arising from the Patent Trial and Appeal Board.

  • April 14, 2017

    Chamberlain Hrdlicka Nabs Osha Liang IP Atty In Houston

    Chamberlain Hrdlicka White Williams & Aughtry has bolstered its intellectual property practice with the addition of a former Osha Liang LLP attorney who brings more than 15 years of experience in a broad range of technologies, including medical devices and information security, the firm has announced.

  • April 14, 2017

    ‘Game of War’ Maker Can’t Dodge $100M Contract, IP Suit

    A California judge refused Friday to toss a $100 million suit accusing the maker of hit mobile phone game "Game of War" of driving a data storage center to bankruptcy, ruling that Peak Web LLC has adequately alleged that Machine Zone Inc. breached their contract and stole trade secrets to build its own data center.

  • April 14, 2017

    Allcare Principals Fight Bid To Pay $5M Fee From IP Loss

    Three Allcare Health Management Systems shareholders on Thursday urged a Texas federal judge to shut down Highmark Inc.’s attempt to hold them individually responsible for $5.2 million in attorneys’ fees from a lost patent infringement suit, arguing the insurer failed to outline what role they had in the company’s wrongdoing.

  • April 14, 2017

    Apple Patent In Samsung War Partly Revived By Fed. Circ.

    The Federal Circuit on Friday revived part of an Apple touch-screen patent that the Patent Trial and Appeal Board invalidated after Samsung was ordered to pay $113 million for infringing it, though the court found the claim at issue in the Samsung case invalid.

  • April 14, 2017

    J. Crew Wrongly Invalidated Tech Patents, Fed. Circ. Told

    Prominent patent-licensing firm Intellectual Ventures has urged the Federal Circuit to revive its claims against J. Crew and a fresh-flower delivery company over two patents that U.S. District Judge Rodney Gilstrap invalidated in Texas last year.

  • April 14, 2017

    Antitrust Group Urges China To Adjust Approach To IP Abuse

    A George Mason University law school unit has urged the Chinese government to recalibrate long-gestating guidelines applying China's antitrust law to intellectual property to better recognize the rights of patent holders.

  • April 14, 2017

    PTAB Declines Review Of T-Rex Digital Information Patent

    The Patent Trial and Appeal Board decided Thursday not to review a T-Rex Property AB patent related to digital signage, ending a challenge to a patent that dozens of companies, including Clear Channel Outdoor Holdings Inc. and Regal Entertainment Group, have been accused of infringing.

  • April 14, 2017

    AIG Unit Needn't Cover Zillow In Copyright Suit, Judge Says

    An American International Group insurer doesn't have to defend or indemnify Zillow Inc. in a lawsuit alleging that it misused digital images on its online real estate database, a Washington federal judge ruled Thursday, holding that the underlying claim was first made prior to the policy period.

  • April 14, 2017

    Native Activists Praise MLB Commish For Indians Logo Stance

    An activist group opposing the use of Native American mascots praised Major League Baseball Commissioner Rob Manfred on Thursday for talking with the Cleveland Indians about moving away from their controversial “Chief Wahoo” logo, and called on NFL Commissioner Roger Goodell to take on the “Redskins” moniker next.

Expert Analysis

  • The Rate Of PGR Petitions Hitting Orange Book Patents

    Donald Prather

    There appears to be a greater willingness among pharmaceutical companies to wade through the still relatively untested post-grant review process when compared with their initial hesitation regarding the initiation of inter partes review proceedings, say Kevin Chrustowski of TK Holdings Inc. and Donald Prather of Meunier Carlin & Curfman LLC.

  • Fed. Circ. May Be Setting Stage For Big Obviousness Changes

    Thomas King

    A number of Federal Circuit decisions have focused on some of the disputed issues highlighted in Apple v. Samsung. The court seems to be grappling with five questions, the resolutions of which have the potential to significantly impact the application of the nonobviousness principle in patent law, say Thomas King and Pranay Pattani of Haynes and Boone LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Opinion

    A Call To Arms: The Trademark Battle For 'Triggerpoint'

    E. Russell Tarleton

    A U.S. trademark application to register the term "Triggerpoint" has piqued the interest of many​ in the fitness and massage industries​. By the time the opposition window closed on March 2, there were 45 entities and individuals requesting extensions to oppose Implus Footcare’s filing. Why all the fuss? The term may be merely descriptive, say Russell Tarleton and Jennifer Ashton of Seed IP Law Group LLP.

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)

  • End-Of-2016 Checkup Shows Patent System Is Healthy

    David J. Kappos

    The America Invents Act is carrying out its intended effect to prevent abuse of the patent system. Although issues remain, the data show that the patent system is finding increased stability over time and that further adjustments aimed at curbing perceived abuse by patentees are not needed, says David Kappos, a partner with Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • High Court Laches Ruling May Be Much Ado About Nothing

    Edward L. Tulin

    Many have expressed concern that if the U.S. Supreme Court strikes down laches as an equitable defense in patent cases it will destroy a critical check on "patent assertion entities." To see if SCA Hygiene is likely to change the dynamic between PAEs and alleged infringers, let's look at recent district court decisions finding that infringement claims were barred by laches, says Edward Tulin of Skadden Arps Slate Meagher & Flom LLP.

  • What PTAB Markush Rejection Means For Biotech Applicants

    Jeff B. Vockrodt

    For the first time in many years, the Patent Trial and Appeal Board recently affirmed an examiner’s rejection of a claim as an “improper Markush.” Ex parte Chettier could spell trouble for biotech applicants, but two other recent PTAB decisions provide strategies for applicants to deal with Markush rejections, say Jeff Vockrodt and Christopher Yaen of Arent Fox LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • A March Madness Bracket Based On Team Trademarks

    Michael N. Spink

    I decided to see what an NCAA tournament bracket would look like if based on the number of trademark registrations for each school competing. During my search of federal trademark records, I noted that universities are increasingly protecting hand and body gestures, says Michael Spink of Brinks Gilson & Lione.