Intellectual Property

  • June 13, 2017

    Aykroyd’s Vodka Co. Nears $870K Win, US Ban In IP Row

    A California federal judge tentatively ruled Tuesday that Dan Aykroyd's Crystal Head Vodka company is entitled to a U.S. sales ban and $870,000 in disgorged profits from a spirits rival that knocked off its iconic bottle — short of the worldwide ban and $13 million the company requested.

  • June 13, 2017

    Internet Consulting Co. Appeals PTAB Rulings In Fed. Circ.

    Consulting company Applications in Internet Time has urged the Federal Circuit to reverse three Patent Trial and Appeal Board rulings invalidating two of its regulatory monitoring patents, saying the board erred in allowing a patent aggregator to petition for review as a proxy for a different company accused of infringing the patents.  

  • June 13, 2017

    Calif. IT Co. Says Pakistani Partner Can’t Avoid Arbitration

    A California-based information technology company asked a federal court Monday to compel a Pakistani company to arbitrate a trade secrets dispute stemming from the parties’ customer service contract, arguing the company is trying to dodge the contract’s terms by launching a related $64 million suit in its home country.

  • June 13, 2017

    Painkiller Patents Too Vague To Stand, Fed. Circ. Says

    The Patent Trial and Appeal Board rightly rejected claims as unpatentable in two drug patent applications covering painkillers, the Federal Circuit affirmed Tuesday, finding Purdue Pharma’s patents lacked written descriptions.

  • June 13, 2017

    Louis Vuitton Says It's Not Like A Patent Troll

    Louis Vuitton Malletier SA is pushing back on demands that it pay $800,000 in attorneys' fees after unsuccessfully suing a small company over parody bags, saying it’s “simply incorrect” to compare the fashion house to a patent troll.

  • June 13, 2017

    Witness In $25M Med Device Trial Gets 15 Months For Lying

    A witness who later admitted he’d lied under oath as part of a $25 million trade secrets trial against a medical device manufacturer in the Eastern District of Texas was sentenced Tuesday to 15 months in federal prison for perjury.

  • June 13, 2017

    Plaintiffs' Attys Escape Geico's Trade Secrets Suit

    Two plaintiffs' attorneys on Tuesday escaped a Pennsylvania federal court trade secrets suit in which insurer Geico alleged they obtained confidential information during a putative class action and tried to use it to get an advantage in a similar suit against Geico rival United Services Automobile Association.

  • June 13, 2017

    Texas Atty Sues Colo. Law Firm Over 'Strong Arm' TM Rights

    A personal injury attorney in Amarillo, Texas, sued a Denver law firm in Texas federal court on Tuesday, claiming the Colorado practice is attempting to prevent him from using the term “The Strong Arm” in advertisements, a term both have long used to promote their brands and for which the Denver office recently registered a trademark.

  • June 13, 2017

    Fed. Circ. Reverses ITC Ruling That Led To Garmin Import Ban

    The Federal Circuit found Tuesday that parts of two Navico Inc. patents related to downscan sonar technology were invalid, upending a U.S. International Trade Commission order that barred the import and sale of certain Garmin International Inc. sonar products.

  • June 13, 2017

    Fed. Circ. Backs Jaguar's $2M Atty Fee Award In Patent Case

    The Federal Circuit on Tuesday affirmed a Delaware federal judge’s awarding of $2 million in attorneys’ fees and costs to Jaguar following the “exceptional” conduct of a technology company in a case where it asserted that the automaker had infringed its patent covering vehicle computing systems.

  • June 13, 2017

    FDA Rejects Coherus Application For Neulasta Biosimilar

    The U.S. Food and Drug Administration has rejected Coherus BioSciences Inc.’s Neulasta biosimilar, the company said, leading to a stock plunge of more than 20 percent.

  • June 13, 2017

    8th Circ. Again Says Pot TM Ban Violated First Amendment

    After a rare panel rehearing, the Eighth Circuit on Tuesday again ruled that administrators at Iowa State University violated the First Amendment when they refused to let pro-marijuana students use the school’s trademarks.

  • June 13, 2017

    South Africa Probes Roche, Pfizer, Aspen Over Drug Pricing

    South Africa’s Competition Commission has launched an investigation into Roche, Pfizer and Aspen over suspicions that the pharmaceutical companies have set prices for cancer drugs at excessive levels and in some cases have engaged in patent abuse, the watchdog said Tuesday.

  • June 13, 2017

    Biz Groups Call For Steady Hand In NAFTA Revamp

    The nation’s most influential business and trade associations implored the White House on Monday to take a measured approach in renegotiating the North American Free Trade Agreement and not toss some of the agreement’s most valuable provisions overboard, including its chapters on government procurement and intellectual property.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    6 Key Takeaways From High Court's Big Biosimilar Ruling

    The U.S. Supreme Court delivered a smashing win for the youthful biosimilars industry by swatting away efforts to delay the lower-cost medicines, and its ruling teed up new battles for lower courts and maybe even Congress, attorneys say. Here are six key takeaways from Monday's ruling.

  • June 12, 2017

    Fed. Circ. Affirms 'Incomprehensible' Jury Win For EMC

    A Federal Circuit panel affirmed a Delaware judge’s determination that he could not convene a retrial past court deadlines after a jury reached a mistaken verdict that a company founded by two former EMC Corp. employees infringed its data protection patents, according to a one-line order issued Monday without an opinion.

  • June 12, 2017

    'Monkey Selfie' Case Swings To PETA Fitness To Rep Macaque

    The case of whether monkeys can hold copyrights got more bananas Friday, as PETA and the photographer who allegedly infringed a monkey's IP rights argued over whether a former PETA primatologist's arrest for allegedly harassing the organization's general counsel shows the group is unfit to represent the monkey.

  • June 12, 2017

    Fox Rothschild Attys Say Exec Called Them Dogs In Depo

    Fox Rothschild LLP attorneys told a New York federal court Monday that the president of greeting card company Dickens hurled vulgar and sexual remarks at them as they were representing Hallmark in a deposition during trademark litigation, saying the executive called them dogs and peppered his answers with language "too coarse for a professional sporting event."

  • June 12, 2017

    Fed. Circ. Affirms USPTO's Suspension Of Missouri Attorney

    The Federal Circuit on Monday upheld the U.S. Patent and Trademark Office’s reciprocal discipline of a St. Louis-area attorney suspended for improperly contacting a man involved in a legal dispute with a residential care facility he owned.

Expert Analysis

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Initial Artifex Ruling Is A Victory For Open-Source Software

    Heather Meeker

    In denying a motion to dismiss in Artifex Software v. Hancom last month, the California federal court held that the copyright infringement and breach of contract claims may proceed on the theories enunciated by Artifex, not necessarily that they will succeed. Still, the case represents a significant step forward for open-source plaintiffs, say attorneys with O’Melveny & Myers LLP.

  • A Better UDRP Standard For Personal Names: Part 2

    Roberta Horton

    The current standard embraced by virtually all Uniform Domain Name Dispute Resolution Policy cases — that the claimant must show commercial use of her personal name to succeed — is simply too stringent. It should be expanded to protect prominent persons who do not market products or services in their own names, say Roberta Horton and Michael Kientzle of Arnold & Porter Kaye Scholer LLP.

  • Uncertainty In Patent Term Extension For Biologics

    Terry Mahn

    Biologic manufacturers should be made aware that the scope of patent rights for large-molecule drugs under an extended term is at best unclear, given that the statutory language developed under Hatch-Waxman must now be overlaid onto the Biologics Price Competition and Innovation Act, say Terry Mahn and Gina Nellesen of Fish & Richardson PC.

  • Using High Court's Failure To Define 'Component' In Promega

    Junqi Hang

    The U.S. Supreme Court's recent decision in Life Technologies v. Promega states that "a single component does not constitute a substantial portion of the components" under Section 271(f)(1). However, it does not state what constitutes such a component, which offers an opportunity to survive a 271(f)(1) challenge, says patent attorney Junqi Hang.

  • A Better UDRP Standard For Personal Names: Part 1

    Roberta Horton

    The Uniform Domain Name Dispute Resolution Policy frequently provides a welcome remedy for trademark owners who fall victim to cybersquatters. But when a well-known individual's name is targeted, the UDRP generally affords protection only to those who can show that they have reaped commercial success through use of their names, say Roberta Horton and Michael Kientzle of Arnold & Porter Kaye Scholer LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • Predicting The Success Of Claim-Rejection Appeals

    Sameer Vadera

    Patent applicants seeking review of examiners’ claim rejections can leverage the correlation between art unit allowance rates and appeal cycle allowance prospects to inform appeal entry decisions, say Sameer Vadera and Kate Gaudry of Kilpatrick Townsend & Stockton LLP.