Intellectual Property

  • December 5, 2017

    Crocs Wants Apology For Repeated Lawsuits

    Crocs Inc. asked a Nevada federal judge for sanctions on Monday against a Canadian footwear company, including an apology, arguing that this is the third time it has improperly sued Crocs to obtain litigation leverage in separate proceedings and a “free pass” for disparaging media coverage.

  • December 4, 2017

    Print Co. Wins Fees From 'Unreasonable' Patent Holder

    A Texas federal magistrate judge has awarded a print company attorneys’ fees and expenses after a patent holder “unreasonably” continued to litigate an infringement suit in an attempt to avoid having to cover such costs.

  • December 4, 2017

    Motorola Accused Of Stifling Rival In Two-Way Radio Market

    Hytera Communications Corp. leveled a lawsuit against Motorola Solutions in New Jersey federal court on Monday alleging the telecommunications giant has unlawfully monopolized the land mobile radios market by using “carrot and stick” tactics to pressure dealers not to carry competitors’ products and “sham litigation” to ruin Hytera’s reputation.

  • December 4, 2017

    Whole Foods Infringed TM, Health Food Co. Tells 9th Circ.

    A New Zealand health food company urged a Ninth Circuit panel Monday to revive its suit accusing Whole Foods of infringing its “Eatright” trademark, saying it didn’t unreasonably wait before suing, and even if it had, the grocer hadn’t made significant investments in the phrase during the alleged delay.

  • December 4, 2017

    Tech, Generics Cos. Spar With Tribes Over Allergan At PTAB

    Allergan’s plan to defeat inter partes reviews of patents on its eye drug Restasis by transferring them to a Native American tribe prompted over a dozen dueling amicus briefs Friday, with tech giants and generics makers decrying the deal as a “sham” and other tribes stoutly defending it.

  • December 4, 2017

    Patent Args Should’ve Gone To Jury, Fed Circ. Told

    Kaz USA Inc. urged a Federal Circuit panel Monday to upend Exergen Corp.’s $14.6 million patent infringement win against the company, arguing a district court judge shouldn’t have decided forehead thermometer patent issues properly left to the jury.

  • December 4, 2017

    Waymo Jury Could Hear Uber ‘Hid The Ball’ In Discovery

    A California federal judge wants to know whether Uber should have given Waymo an ex-employee’s letter alleging a corporate culture of secrecy, saying at a hearing Monday he’d have to tell the jury in the hotly anticipated trial over self-driving car trade secrets if there were attempts to “hide the ball” during discovery.

  • December 4, 2017

    Garmin's Atty Fees Bid Denied In Dropped Patent Suit

    Garmin International Inc. can’t collect attorneys’ fees after the owner of two patents on a product customization system dropped an infringement suit, according to a Texas federal court ruling on Friday that found the litigious patent owner hadn’t obviously filed the suit for extortion purposes.

  • December 4, 2017

    Janssen Rips Patent Owner's Bid To Appeal Mid-Case

    Celltrion Inc. shouldn’t be allowed to appeal a Massachusetts federal court’s decision not to dismiss Janssen Biotech Inc.’s patent lawsuit over Pfizer Inc.’s biosimilar of anti-inflammatory biologic Remicade, Janssen said Monday, arguing there was nothing extraordinary about the ruling and that an appeal now would only delay the case.

  • December 4, 2017

    Microsoft Seeks Transfer Of Tribe, Texas Co. Patent Spat

    Microsoft Corp. told a Virginia federal court Friday that patent infringement litigation brought by the Saint Regis Mohawk Tribe and Texas-based computer company SRC Labs LLC should be sent to Washington state, where the alleged wrongdoing took place, arguing the suit isn’t sufficiently connected to Virginia.

  • December 4, 2017

    Fed. Circ. Told It Oversimplified Touchless Payment Patent

    A company claiming that the Chicago transit system’s touchless payment system violates its patents on Friday asked the full Federal Circuit to reconsider a panel decision invalidating four of its patents as abstract, arguing that the court should clarify the abstractness standard under the U.S. Supreme Court’s Alice ruling.

  • December 4, 2017

    9 Countries Fall Short In IP Regime Info Exchange: OECD

    Nine countries have failed to identify and exchange certain information about the tax benefits they give to branches of multinational businesses related to income from intellectual property, according to a report from the Organization for Economic Cooperation and Development released Monday.

  • December 4, 2017

    Patent Holder Faces Uphill Google Fight At Fed Circ.

    A patent licensing company appeared to struggle Monday to convince a Federal Circuit panel to uphold its media search patents in Google’s challenge to a Patent Trial and Appeal Board decision against the technology giant.

  • December 4, 2017

    High Court Won't Hear Dow's Appeal Of $455M Bayer Award

    The U.S. Supreme Court opted Monday not to hear Dow AgroSciences LLC’s bid to overturn a $455 million arbitral award issued to two Bayer AG subsidiaries over infringement of weed control patents, ending a yearslong dispute over a gene for herbicide resistance.

  • December 4, 2017

    Ex-Statoil Exec's Wife Wants Out Of Trade Secrets Suit

    The wife of a former Statoil unit chief argued Friday that the court should dismiss the company’s claims against her because it had failed to prove she knew about her husband’s alleged scheme to steal information and technology to benefit a business he set up after leaving the company.

  • December 4, 2017

    High Court Won't Hear Perfect 10 Copyright Case

    The U.S. Supreme Court on Monday refused to take up a copyright case filed by adult website operator Perfect 10 Inc. against Giganews Inc., leaving in place a Ninth Circuit ruling that the service couldn’t be held liable for infringing images shared by its users.

  • December 4, 2017

    Ex-Pharma Staffing Exec Wants Out Of Noncompete Suit

    The former director of Medix Staffing Solutions Inc.’s pharmaceutical and biotechnology staffing division asked a Illinois federal judge on Friday to dismiss the staffing agency’s suit alleging he breached his employment contract by joining rival ProLink Staffing.

  • December 3, 2017

    Tax Bill’s Swift Passage May Create Legal Quandaries

    The accelerated course of the Republicans’ $1.4 trillion tax cut bill, heralding some of the most sweeping changes for corporations in decades, has created ambiguities that could take years to iron out while the process to reconcile differences between the House and Senate versions of the bill will leave nothing sacrosanct, including the cardinal 20 percent corporate tax rate.

  • December 2, 2017

    Senate Passes $1.4 Trillion Tax Cut Legislation

    The U.S. Senate passed an expansive tax cut bill early Saturday that is projected to add more than $1 trillion to the deficit, after garnering enough support from faltering and fiscally conservative Republicans.

  • December 1, 2017

    Sprint Accuses Charter Of Infringing Internet Call IP

    Sprint sued Charter in Delaware federal court Friday for allegedly infringing patents on technology that lets users make phone calls over the internet, the latest in a series of suits that have produced a verdict and settlements worth hundreds of millions of dollars for Sprint.

Expert Analysis

  • Copyright Registration Debate May Head To High Court

    Alexander Kaplan

    The U.S. Supreme Court has been asked to reverse a recent Eleventh Circuit decision and settle a disagreement over the copyright registration requirement for lawsuits alleging infringement. While circuit splits are relatively rare in copyright law, this divide is deepening, says Alexander Kaplan of Proskauer Rose LLP.

  • Ignore Broader Claim Constructions At Your Own Risk

    Raghav Bajaj

    The Federal Circuit's recent decision in Owens Corning v. Fast Felt — reversing the Patent Trial and Appeal Board’s final written decision — should serve as a reminder to practitioners that claim construction is reviewed de novo at the Federal Circuit, says Raghav Bajaj of Haynes and Boone LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • What To Expect If High Court Rejects PTAB Partial Decisions

    Danielle Phillip

    Should the U.S. Supreme Court reverse in SAS Institute and eliminate the practice of partial institution for inter partes review, patent owners and challengers alike must be prepared to address the significant ramifications, say Danielle Phillip and Allyn Elliott of Brinks Gilson & Lione.

  • Fed. Circ. Clarifies Law For Functional Antibody Claims

    Irena Royzman

    The Federal Circuit's decision last month in Amgen v. Sanofi undoubtedly will have a major impact on how written description and enablement are litigated for genus claims in general and for functional antibody claims in particular, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • The Risks Of Unpatentability Redundancy In IPR

    Thomas Negley

    When preparing an inter partes review petition, petitioners often feel pressure to include every conceivable ground of unpatentability. But if a large number of very similar grounds are brought, the Patent Trial and Appeal Board may not consider all of them, says Thomas Negley of Sughrue Mion PLLC.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • A Few Facts About Halloween Costumes And Copyright

    David Kluft

    Halloween is tough if you are an intellectual property lawyer who likes to dress up. Anyone who knows about your job will be unable to resist lame and legally incorrect jokes about your Halloween costume. But sharing some real facts about Halloween costume copyrights might be the best response, says David Kluft of Foley Hoag LLP.