Intellectual Property

  • May 11, 2018

    VW Notches $4M TM Win Against Counterfeit EBay Sellers

    Volkswagen won a $4 million default judgment Wednesday against a group of counterfeiters who ran an eBay store selling low-priced imitation VW and Audi-branded products, with Virginia federal court agreeing with a magistrate judge’s recommendation to award full statutory damages.

  • May 11, 2018

    Patent Network Expands Free Membership, Courts Startups

    LOT Network, a patent-licensing initiative aimed at curbing lawsuits by so-called patent trolls, says it is expanding free membership eligibility to more companies, raising its limit from $5 million in annual revenue to $25 million, and is launching a program by which qualifying member startups may receive three free patents.

  • May 11, 2018

    Nielsen, ComScore Resolve Contract Row Over Data Sharing

    Audience measurement companies Nielsen Holdings PLC and comScore Inc. have resolved their lawsuit over comScore's plans to launch a new television viewer measurement service allegedly using data shared by Nielsen with tight usage restrictions, according to a filing in New York federal court Thursday.

  • May 11, 2018

    IP Hires: Barnes & Thornburg, McCarter & English, Latham

    In this week’s round of intellectual property attorney moves, Barnes & Thornburg boosted the IP department in its Chicago office by nabbing a seasoned patent prosecutor, while Latham & Watkins landed a former WilmerHale partner who has represented the world’s largest technology, retail and manufacturing companies in IP proceedings, and McCarter & English expanded its IP practice group in Boston with an 18-year patent law veteran. Here are the details on these notable hires.

  • May 11, 2018

    Boston Firm Dumping, Suing Ex-Client ‘Feels Wrong’: Judge

    A Massachusetts federal judge on Friday said she was "troubled" by Boston intellectual property law firm Sunstein Kann Murphy & Timbers LLP dropping a longtime software client so it could represent its rival in a patent suit.

  • May 10, 2018

    PTAB Urged To Rethink Post-SAS Decision To Review Data IP

    The owner of a data encryption patent on Wednesday urged the Patent Trial and Appeal Board to reconsider its decision last month to institute a review of all the patent’s asserted claims following the U.S. Supreme Court’s recent SAS Institute ruling, arguing the board should not review any of them.

  • May 10, 2018

    Swingers Club Gets Partial Win In Models' False Ad Suit

    A Florida federal judge on Thursday handed a partial win to a swingers club and its owners who were accused by Playboy Playmates and other models of using their likenesses in advertisements for the club without permission, finding that the models couldn't show that consumers were confused.

  • May 10, 2018

    Ericsson Avoids New Damages Trial After Judge Backtracks

    The federal judge overseeing Ericsson Inc.’s cell phone patent infringement case against TCL Communication Technology Holdings Inc. has reversed course, reinstating Ericsson’s previously stricken $75 million award and topping it off with $35 million in enhanced damages and interest.

  • May 10, 2018

    Fed. Circ. Cuts More Of Irrigation Patent After PTAB Ruling

    The Federal Circuit has ruled that all 17 claims in a smartphone irrigation control patent were invalid, backing the Patent Trial and Appeal Board’s ruling that had found 16 of the claims obvious and going a step further to knock out the remaining challenged claim.

  • May 10, 2018

    Trump To Unveil 4-Point Plan For Curbing Drug Prices

    President Donald Trump on Friday will target drug prices with a four-point plan intended to boost the negotiating power of private Medicare plans, reduce list prices, ease out-of-pocket costs and tackle “freeloading” by countries that more aggressively limit prices, according to senior administration officials.

  • May 10, 2018

    Amazon's Alexa Infringed Language Tech Patent, Suit Says

    A research university has sued Amazon in New York federal court for allegedly infringing its patented language processing technology with its Alexa and Echo products, which use "search and learn" technology to process conversational speech patterns and improve the devices' understanding of future voice commands.

  • May 10, 2018

    Patent Owners May Not Like PTAB Claim Construction Change

    Patent owners have been unrelenting in their message: The Patent Trial and Appeal Board should use the same standard as district courts when interpreting patent claims. While it appears they will get their wish, some attorneys believe they may soon discover the grass isn’t necessarily greener.

  • May 10, 2018

    Fed. Circ. Flouts 'Baseline Legal Norm' On IP, Justices Told

    An inventors group has told the U.S. Supreme Court that it should review a petition by the owner of a web linking patent found invalid after it was challenged by Google, urging the high court to bar the Federal Circuit from flouting a "baseline legal norm" by affirming U.S. Patent Trial and Appeal Board decisions on different grounds than the board ruled on.

  • May 10, 2018

    Commerce Chief Ross Upbeat On China Trade Talks

    Commerce Secretary Wilbur Ross said Thursday that he was optimistic about the Trump administration’s ongoing trade discussions with China on everything from industrial policy to intellectual property rules, saying that last week’s trip to Beijing laid a solid foundation for future talks.

  • May 10, 2018

    Fitbit Nears Sanctions Win As Judge Slams ‘Silly’ IP Suit

    Fitbit Inc. seemed poised to win at least some attorneys’ fees spent in fighting a dismissed patent infringement lawsuit brought by rival Smart Wearable Technologies Inc., after a California federal judge said at a hearing Thursday that the case had been “one big, long, drawn-out, silly word game” that likely merited sanctions.

  • May 10, 2018

    Term Changes Don't Fix Disney's Copyright Misuse: Redbox

    Redbox has asked a California federal court to dismiss a lawsuit from Disney that seeks to ban it from selling digital movies at its kiosks, saying Disney can’t restrict Redbox’s resale of codes through after-the-fact changes to its terms.

  • May 10, 2018

    Drone Co. Counters Patent Suit With Antitrust Claims

    A patent infringement lawsuit between SZ DJI Technology Co. Ltd. and fellow Chinese drone-maker Autel Robotics Co. Ltd. is growing into a fight over international trade and alleged predatory pricing, with Autel going on the offensive with counterclaims accusing the market leader of antitrust violations.

  • May 10, 2018

    VirnetX Questions Apple's AIA Reviews In $1B Patent Row

    Having won nearly $1 billion from Apple Inc. in a series of patent trials, VirnetX Inc. appealed several inter partes review decisions invalidating network security patents that Apple was found to infringe, arguing that the reviews may still be unconstitutional despite the recent U.S. Supreme Court's Oil States ruling.

  • May 10, 2018

    Lucasfilm Wants Copyright Win In ‘Star Wars’ Game Fight

    Walt Disney Co.’s Lucasfilm Ltd. urged a California federal judge on Wednesday to give it a partial win in its suit accusing a mobile game app developer of ripping off the fictional card game "sabacc" from the "Star Wars" franchise empire, arguing that the developer willfully and “slavishly” used its copyrighted material without consent.

  • May 10, 2018

    Broadway Battle Over 'Mockingbird' Ends With Settlement

    A dramatic courtroom battle over a Broadway adaptation of "To Kill a Mockingbird" has ended in a settlement that allows the play to proceed on schedule, according to a joint statement issued Thursday by producer Scott Rudin and the estate of author Harper Lee.

Expert Analysis

  • Patent-Marking Rules For Settling Parties After Arctic Cat

    Louis Touton

    Until recently it was not clear which party bears the burden of proving whether an asserted patent covers licensees’ products that are not marked. The Federal Circuit's decision in Arctic Cat v. Bombardier may change the way both parties approach settlement agreements, say Louis Touton and Andrea Jeffries of Jones Day.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Polaris And The Return Of The Utility Requirement

    Michael Rounds

    For the vast majority of the 1952 Patent Act’s history, the requirement that an invention possess “utility” has been such a low bar as to effectively be nonexistent. Perhaps the tension highlighted in the Federal Circuit's Polaris v. Arctic Cat decision will prove the impetus needed to brush the dust off of the utility requirement in future cases, say Michael Rounds and Adam Yowell of Brownstein Hyatt Farber Schreck LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 1

    Michele Alexander

    While the media has been reporting on tax reform, tax reform will impact the media industry itself. Reform's effects are numerous, from a reduction in tax rates and new deductions to the loss of important deductions and new international regimes that have kept tax experts waiting in anticipation of further guidance, say attorneys Michele Alexander and Ryan Davis of Bracewell LLP.

  • Opinion

    Congress' Fix To Tribal Sovereign Immunity Misses The Point

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    Congress recently introduced a bill to strip Native American tribes of sovereign immunity on issues relating to patents, but this proposed law only delays resolution of the confusion over a real problem on new attacks on pharmaceutical patents, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • Trans-Pacific Partnership Lost Important IP Provisions

    Jeremiah Frueauf

    Following U.S. withdrawal, the Trans-Pacific Partnership suspended 22 provisions, the majority of which relate to the negotiated intellectual property rights. Many of these provisions would have benefited pharmaceutical and biotechnology companies, say Jeremiah Frueauf and Matthew Smith of Sterne Kessler Goldstein & Fox PLLC.

  • Lohan Decision Is Good News For Video Game Industry

    David Jacoby

    Last week, the New York Court of Appeals concluded that none of the "Grand Theft Auto V" images could be deemed a portrait of Lindsay Lohan or Karen Gravano. The opinion confirms a broader field on which fictional video games can tell their stories without detonating any litigation bombs. But it is not a get-out-of-jail-free card, says David Jacoby of Culhane Meadows PLLC.

  • J&J Case Raises Estoppel Issue For Successful IPR Litigants

    Roshan Shrestha

    In a case of first impression that may have significant, unforeseen consequences, a division of Johnson & Johnson is seeking to prevent accused infringers from asserting at trial the arguments that were successful in an inter partes review proceeding. The New Jersey federal court should deny the motion, say Roshan Shrestha and Stephen Auten of Taft Stettinius & Hollister LLP.

  • Chinese Investment In The US After The Section 301 Report

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    The U.S. Trade Representative recently alleged that China has engaged in theft of trade secrets, cyber intrusions and creation of unfair barriers to entry in China. In response, the Trump administration may be exploring options for executive branch action under the authorities of the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.