Intellectual Property

  • October 3, 2017

    Fed. Circ. Affirms PTAB Nix Of B/E Aircraft Patent

    The Federal Circuit on Tuesday affirmed a Patent Trial and Appeal Board ruling finding certain claims of B/E Aerospace Inc.'s compact aircraft patent invalid as obvious, agreeing with accused infringer C&D Zodiac Inc. in determining that prior art described similarly space-saving designs.

  • October 3, 2017

    Sports Marketer Wants Ex-OSU Player's Antitrust Suit Tossed

    A collegiate sports marketing company on Monday urged an Ohio federal judge to dismiss a former Ohio State University football player’s antitrust suit against it and OSU over banners hung in the school’s football stadium with former football players’ images, saying the player's claims against the company aren't specific enough.

  • October 3, 2017

    Professor's Patent Suit A State Law Matter, Fed. Circ. Says

    The Federal Circuit on Tuesday declined to revive a former University of Missouri professor’s dismissed lawsuit saying school employees violated his constitutional and federal law patent rights while he worked there, finding his claims were actually a matter of state contract law.

  • October 3, 2017

    Covidien Can't Stop Ethicon's Surgical Device Sales

    A federal judge in Massachusetts on Monday rejected Covidien’s attempt to halt competitor Ethicon Endo-Surgery’s sales of a surgical device amid a patent dispute.

  • October 3, 2017

    'How Is That Not Abstract?' Fed. Circ. Asks Of IV Patent

    A panel of Federal Circuit judges on Tuesday pushed back against arguments by Intellectual Ventures that a lower court wrongly invalidated the company’s patent on screening for “errant” computer files like pornography, saying it resembles other patents the court has faulted for covering only abstract ideas.

  • October 3, 2017

    Ticketmaster Says Withheld Docs An Error In Antitrust Row

    Live Nation and Ticketmaster asked a California federal judge on Tuesday not to sanction them for failing to produce nearly 4,000 documents during initial discovery in Songkick's suit alleging the companies have a monopoly on ticket sales, saying the human error was an unintentional oversight and reflects a minuscule fraction of the documents it produced without a hitch.

  • October 3, 2017

    Watercraft Patent Row Unlikely To Get Fed. Circ. Reversal

    Even if Sea-Doo maker Bombardier manages to upend a nearly $50 million patent infringement ruling against it won by ATV maker Arctic Cat, a Federal Circuit panel indicated in oral arguments Tuesday that the burden of proof used at trial likely means Bombardier cannot get an outright reversal.

  • October 3, 2017

    IRS To Appeal Loss In $234M Amazon Transfer Pricing Case

    The Internal Revenue Service has informed the U.S. Tax Court it intends to seek Ninth Circuit review of a March decision that handed the agency a stinging loss in its challenge to Amazon's valuation of assets transferred to a European subsidiary.

  • October 3, 2017

    Cogenra, SolarCity Agree To Toss Of Unfair Competition Suit

    A SolarCity Corp. competitor that sued Elon Musk’s solar power company has agreed to drop its claims in its unfair and unlawful competition suit, the parties told a California federal court on Monday.

  • October 3, 2017

    PTAB Says 2 Securus Prison Phone Patents Not Abstract

    The Patent Trial and Appeal Board declined Monday to institute covered business method review of two Securus Technologies Inc. patents covering technology related to prison phone systems, saying it wasn’t convinced the patents were invalid under the U.S. Supreme Court’s Alice decision.

  • October 3, 2017

    Quest Tests Are Trade Secrets In Med Mal Suit, Pa. Court Says

    The Pennsylvania Superior Court said Tuesday that Quest Diagnostics was entitled to a protective order in a malpractice suit over a cancer misdiagnosis, concluding that documents detailing its testing procedures that were sought in the litigation qualified as trade secrets.

  • October 3, 2017

    Duane Morris Opens Austin Office With IP, Energy Partners

    Philadelphia-based law firm Duane Morris LLP has launched a new office in Austin, Texas, that will be staffed with an intellectual property partner hired away from Norton Rose Fulbright LLP and an energy partner from King & Spalding LLP.

  • October 3, 2017

    Levi's Sues Vineyard Vines Over Jean Pocket 'Tab'

    Levi Strauss & Co. is suing preppy apparel brand Vineyard Vines LLC for trademark infringement for copying the small “tab” sewn onto the back pocket of every pair of Levi’s.

  • October 3, 2017

    AIP Acquisition Runs Into ‘Problem’ With Case At Fed. Circ.

    Patent holding company AIP Acquisition ran into a combative Federal Circuit panel Tuesday, as it tries to upend the invalidation of network-based voice communications patent claims asserted against Cisco, with the judges challenging the company for not including a key term’s definition in the patent application.

  • October 3, 2017

    Jury Grants Columbia Sportswear $3.4M In IP Suit

    A California federal jury awarded Columbia Sportswear North America Inc. $3.4 million in its patent infringement suit against Seirus Innovative Accessories over the designs of cold-weather gear, invalidating Columbia’s utility patent, but finding Seirus’ products infringe a valid design patent.

  • October 2, 2017

    4 Uniloc Server Patents Invalidated In Eastern District Of Texas

    A Texas federal judge invalidated claims of four Uniloc USA Inc. patents covering client-server application management as abstract ideas in the prolific patent plaintiff's infringement suit against human resources company ADP LLC.

  • October 2, 2017

    News Orgs Want Courtroom Kept Open In Uber, Waymo Trial

    A group of 11 media organizations asked a California federal judge not to boot them from the courtroom during the upcoming trial in Waymo and Uber’s trade secrets dispute, arguing Monday that much of what Waymo is seeking to protect is already public.

  • October 2, 2017

    Justices Won't Hear Synopsys Appeal Of Alice Ruling

    The Supreme Court on Monday declined to hear an appeal by Synopsys, which argued that the Federal Circuit flouted the high court's Alice precedent by holding that its circuit patents are invalid for claiming only abstract ideas, according to an order list issued by the high court.

  • October 2, 2017

    Ticketmaster Sues Scalpers For Using Bots To Mass-Buy Tix

    Ticketmaster LLC brought a suit worth an estimated $10 million against several ticket-scalping companies in California federal court Monday, alleging they used bots to buy thousands of tickets, snatching them up before average customers could and selling them at a markup in violation of both Ticketmaster’s terms of use and California and New York state laws.

  • October 2, 2017

    New Guidances Expand FDA Campaign On Drug Prices

    The U.S. Food and Drug Administration on Monday made its latest moves to boost lower-cost generic drugs by unveiling four new guidances, two of which directly targeted expensive medicines that are tough to replicate.

Expert Analysis

  • New Considerations For Patent Counsel In The Startup World

    Justin Nifong

    The goal of many small companies now is to grow to the point of acquisition, instead of or in addition to working to become long-term sustaining businesses. With this change comes a shift in intellectual property advising to drive a startup’s valuation at the fundraising and exit stages, says Justin Nifong, co-founder of NK Patent Law PLLC.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • Banning Rule 36 Affirmances: Be Careful What You Ask For

    Matthew Dowd

    Those who are urging a ban on Federal Circuit use of Rule 36 affirmances, claiming the court should provide at least a brief explanation of why it is affirming, fail to appreciate a host of possible negative consequences if the court were barred from using Rule 36, says Matthew Dowd, founder of Dowd PLLC.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • Panel-Dependent Fed. Circ. Decisions For 101 Challenges?

    Yar Chaikovsky

    Last week, a divided panel at the Federal Circuit applied an analytical framework in Visual Memory v. Nvidia that appears to be inconsistent with the framework applied in a number of previous Federal Circuit decisions on Section 101 motions at the Rule 12(b)(6) stage, say attorneys with Paul Hastings LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Fed. Circ. Resurrects Hindsight Bias In Post-KSR World

    Don Mizerk

    In Millennium Pharmaceuticals v. Sandoz, the Federal Circuit recently reversed a district court’s holdings of obviousness and inherency regarding a pharmaceutical compound, using hindsight arguments explicitly rejected by the U.S. Supreme Court in its 2007 KSR decision, say Don Mizerk and Rachael Casey of Husch Blackwell LLP.

  • District Of Delaware's Bench In The Wake Of TC Heartland

    Karen Keller

    As TC Heartland drives more patent cases to Delaware, the federal court has two vacant judgeships, out of only four, and the number of patent cases per judge is one of the largest in the country — a caseload expected to grow even larger. With no judicial nominees on the horizon, no relief is in sight, say Karen Keller and David Fry of Shaw Keller LLP.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.