Intellectual Property

  • March 6, 2018

    USPTO Says Time Limit Doesn't Impact Patent Review Remand

    The U.S. Patent and Trademark Office has defended the Patent Trial and Appeal Board’s ability to decide a patent challenge once it has returned from appeal, telling the Federal Circuit that cases on remand are not impacted by the America Invents Act’s time limit for review.

  • March 6, 2018

    'Pepe The Frog' Artist Sues Infowars Over Copyrights

    The creator of Pepe the Frog — a cartoon that has become an online symbol for the so-called alt-right movement — made good Monday on his threats of copyright litigation over the character, filing an infringement lawsuit against the far-right news website Infowars.

  • March 6, 2018

    Barnes & Thornburg Opens Office With Ex-Cooley Partner

    Barnes & Thornburg LLP has hired a former Cooley LLP partner experienced in representing life sciences and technology clients in bankruptcies, complex transactions and debt financings to open an office in San Diego, making it the firm's second California location, Barnes & Thornburg said Monday.

  • March 6, 2018

    Intellectual Ventures Sells 1K AmEx Patents To Licensing Co.

    Patent licensing company Dominion Harbor has purchased nearly 1,000 former American Express patents in its latest deal with Intellectual Ventures, according to a Monday announcement.

  • March 5, 2018

    IBM Settles Suit With Diversity Exec Hired By Microsoft

    IBM told a New York federal judge Monday that it has settled a lawsuit against a former top executive the company claimed violated a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer.

  • March 5, 2018

    Marilyn Monroe IP Countersuit Gets Trimmed Again

    A New York federal judge on Monday tossed for the second time nearly all claims in a countersuit accusing the Estate of Marilyn Monroe LLC of monopolizing the star's trademarked name and images, finding that licensing agents’ amended fraud and contract claims weren’t sufficient to move forward.

  • March 5, 2018

    9th Circ. Hears TM Fight Over Instagram 'Layout’ App

    A software developer who claimed common-law rights to the name “Layout” for a mobile application and sued Instagram for infringement told the Ninth Circuit on Monday that a lower court wrongly tossed the case by concluding the name is generic when it's used for a photo editing and arranging app.

  • March 5, 2018

    Symantec Will Pay $65M To End Finjan Patent Row

    Symantec Corp. and one of its units have agreed to pay $65 million, with the possibility of up to $45 million more, to settle Finjan Inc.’s patent infringement allegations that just a month ago had been on the verge of a retrial, according to a recent regulatory filing by Finjan.

  • March 5, 2018

    Flavor Maker Can't Shed Popcorn Glaze-Copying Claims

    An Illinois federal judge denied Bell Flavors and Fragrances Inc.'s bid to end a suit by Gold Medal Products Co. alleging the theft of trade secrets for a popcorn glaze, saying Friday that neither side has gotten the upper hand in this case over the famously ill-defined concept of “trade secrets.”

  • March 5, 2018

    State Auto Wants Out Of Billy Goat Potato Chip TM Row

    State Auto Property and Casualty Insurance Co. told an Illinois federal court Monday it wants out of a suit claiming a potato chip maker stole the name of Chicago's Billy Goat Tavern, saying the company’s policy doesn’t cover willful intellectual property violations.

  • March 5, 2018

    'All In One' Can't Be Trademark, TTAB Tells Hand Dryer Co.

    The Trademark Trial and Appeal Board refused Friday to allow “All In One” to be registered as a trademark for hand dryers, ruling it a descriptive phrase that cannot be monopolized by a single company.

  • March 5, 2018

    Coca-Cola Ad Ripped Off Puerto Rican Songwriter, Suit Says

    A Puerto Rican songwriter accused The Coca-Cola Co. of ripping off part of a famous song that had become a rallying cry for people on the island in the wake of two hurricanes last year, according to a suit in the territory's federal court Monday.

  • March 5, 2018

    SG Backs Schlumberger In Bid To Revive $93M Patent Award

    The solicitor general on Friday urged the U.S. Supreme Court to overturn a decision that held patent owners cannot recover profits lost outside the U.S., one of several briefs supporting Schlumberger Ltd. in its bid to reinstate a $93 million damages award.

  • March 5, 2018

    Fujifilm Sues Hologic For Mammography Patent Infringement

    Fujifilm Corp. on Friday accused rival medical technology company Hologic Inc. of patent infringement and antitrust violations in Delaware federal court, claiming Hologic has an illegal monopoly over the U.S. market for mammography systems used to diagnose breast cancer.

  • March 5, 2018

    PTAB Upholds Claims Of 2 Glucose Monitoring Patents

    The Patent Trial and Appeal Board has found that numerous claims from two patents relating to continuous glucose monitoring are valid after a San Diego manufacturer challenged the patents belonging to a New Hampshire-based rival in inter partes reviews.

  • March 5, 2018

    PTAB Won't Review Tech Group's Multimedia Patent Challenge

    The Patent Trial and Appeal Board on Monday refused to review a multimedia patent that Charter Communications Inc. was previously accused of infringing, rejecting a challenge from defensive patent group Unified Patents Inc.

  • March 5, 2018

    Charter Gets Judge To Kill Advertising Patents Under Alice

    A New York federal judge has ruled that three targeted-advertising patents asserted against Charter Communications are invalid for claiming nothing more than abstract ideas, saying that they “do not describe the kind of 'discovery'” that patents are meant to protect.

  • March 5, 2018

    Gov't Says Inventor Can't Restart Clock On Patent Reviews

    The U.S. Patent and Trademark Office urged the Federal Circuit on Monday to ax an inventor’s attempt to overturn the agency's decision to reopen its review of 80 interrelated patent applications, saying the patent-filer's challenge to the administrative review process was time-barred.

  • March 5, 2018

    Gilstrap Doubles $4M Jury Verdict In LCD Patent Row

    U.S. District Judge Rodney Gilstrap on Monday ordered Chi Mei Innolux Corp. to pay competitor Eidos Display LLC more than $8 million for infringing a patent tied to LCD displays, doubling a jury’s verdict as punishment for Innolux’s repeated discovery misconduct and lack of investigation into the infringement claims.

  • March 5, 2018

    Kilpatrick Townsend Hires Ex-Holland & Knight IP Partner

    Kilpatrick Townsend & Stockton has added a former Holland & Knight partner with 15 years of experience litigating in Japanese courts to its New York office’s Asia litigation practice, according to the firm.

Expert Analysis

  • Key Trade Secret Developments Of 2017: Part 2

    Randall Kahnke

    In 2017, courts considered important trade secret issues, including the federal Copyright Act’s preemptive power as it relates to trade secrets claims, and temporary injunctions based on mere possession of trade secrets, say attorneys with Faegre Baker Daniels LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 2

    Allen Sokal

    No statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i) of the U.S. Patent and Trademark Office's final rule implementing the America Invents Act. It appears that this section may be beyond the scope of the USPTO’s rulemaking authority, say Allen Sokal and William Smith of BakerHostetler.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 1

    Allen Sokal

    In 2012, the U.S. Patent and Trademark Office published its final rule to implement the America Invents Act. Unlike Section 42.73(d)(1), which prescribes the estoppel facing a petitioner in a post-grant proceeding and implements 35 U.S.C. §§ 315(e) and 325(e), no statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i), say Allen Sokal and William Smith of BakerHostetler.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Ensuring Section 121 Safe Harbor Applies To Patent

    Jay Lessler

    The Patent Act includes a provision shielding a child patent from double patenting over a parent patent. Patent prosecutors seeking the benefits of Section 121 should understand the importance of filing a divisional application during the pendency of the parent patent application in which a restriction requirement is issued, says Jay Lessler of Blank Rome LLP.

  • Gems Of Wisdom: A Guide To Protecting Jewelry Designs

    Dariush Adli

    Instances of jewelry designs being ripped off have made headlines, including a recent claim against clothing retailer Anthropologie. Patent, trademark and copyright laws can provide powerful protection for jewelry designers, says Dariush Adli, president of ADLI Law Group.