Intellectual Property

  • January 12, 2018

    Brand Battles: James Bond, NFL, Marriott, Delta

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owner of the James Bond franchise asks for a license to kill a ".007%" mark, the NFL has a busy playoff week at the board, and Marriott continues its war against Delta's airport lounges.

  • January 12, 2018

    PTAB To Review Tyvaso Patents Despite Time-Bar Protest

    The Patent Trial and Appeal Board on Thursday granted Watson Laboratories Inc.’s request to review two United Therapeutics Corp. patents covering its hypertension drug Tyvaso, turning down arguments from United Therapeutics that the deadline for a review had passed.

  • January 12, 2018

    Fed. Circ. Says SAP Can't Get Fees In Patent Case

    The Federal Circuit on Friday affirmed a lower Texas court's ruling denying attorneys’ fees for software firm SAP America Inc. after it beat trade secret claims from software developer Wellogix Inc., agreeing that the case wasn’t “exceptional” enough to obtain the fees.

  • January 12, 2018

    Lucrative Piracy Hotspots Named In USTR Report

    Illicit streaming devices used to access pirated content from the internet are the latest “threat” to international enforcement of intellectual property law, potentially raking in around $840 million a year in the United States alone, according to the annual “Notorious Markets” report released by U.S. trade officials Friday.

  • January 12, 2018

    Raytheon Mischaracterized Trade Secrets, Fed. Circ. Told

    Thermal imaging company FLIR Systems Inc. fired back Friday at Raytheon’s attempt to overturn a federal jury’s decision that cleared FLIR of allegations that it stole the defense contractor’s infrared camera technology, urging a Federal Circuit panel to not only uphold the decision but to award it attorneys’ fees in the case as well.

  • January 12, 2018

    FanDuel Latest To Face Cloud Computing Patent Suit

    FanDuel Inc. on Thursday became the latest company hit with a cloud computing patent suit by software developer PersonalWeb Technologies LLC, which in recent days has sued dozens of others, including Airbnb Inc., Blue Apron Inc., Venmo and Reddit.

  • January 12, 2018

    Justices To Hear Patent Case Over Lost Profits Damages

    The U.S. Supreme Court on Friday agreed to review a Federal Circuit decision that wiped out $93 million in lost profits won by Schlumberger Ltd. in a patent case, and to address the rules for patent damages involving actions that take place outside the U.S.

  • January 12, 2018

    Ex-VP Can't Help Comcast In IP Row, Tech Firm Says

    A technology company accusing Comcast Corp. of infringement of voice-recognition patents urged a Pennsylvania federal judge on Thursday to bar a former vice president from continuing to serve as a litigation consultant for the cable giant.

  • January 12, 2018

    Ex-McKool Smith Atty, Samsung Director Open ITC Firm In DC

    Levi & Snotherly PLLC, a new firm that will focus on U.S. International Trade Commission proceedings under Section 337 of the Tariff Act of 1930, has been opened in Washington, D.C., by an ex-McKool Smith PC attorney and the former director and senior counsel of Samsung, the firm announced Thursday.

  • January 12, 2018

    IP Hires: Freeborn, McKool Smith, Womble Bond

    In this week’s intellectual property partners on the move, Freeborn adds a patent partner to its Chicago team, McKool Smith bolsters its D.C. office with a former commissioner at the International Trade Commission, and Womble Bond adds a former Taylor English patent pro. Here are details on the IP attorneys who have landed new jobs.

  • January 11, 2018

    TiVo Launches 2 More Patent Suits In Comcast IP Battle

    TiVo Inc. on Wednesday filed two separate lawsuits in Boston and Los Angeles accusing Comcast Corp. of infringing its patents for interactive programming technology, marking the latest salvo in a dispute that has already seen the U.S. International Trade Commission ban the import of certain Comcast products.

  • January 11, 2018

    Fed. Circ. Keeps UPS' Alice Win On Notification Patent

    The Federal Circuit refused to revive a telecommunications technology licensing company’s infringement suit against United Parcel Service Inc., lodging a short order on Thursday affirming a Georgia court’s finding the patent’s claims were unpatentable under Alice.

  • January 11, 2018

    Samsung Scolded For Continued Phone Sales In Apple Row

    U.S. District Judge Lucy Koh told Samsung’s counsel Thursday that she is disappointed that the company told her it would no longer sell products that were found to infringe Apple Inc.’s patented designs after losing a $400 million patent trial three years ago, saying during a hearing the representation was “just not accurate.”

  • January 11, 2018

    Freeborn Snags Vedder Price Atty For Its Chicago IP Team

    Freeborn & Peters LLP announced Wednesday that it has added a partner with a wide range of experience to its intellectual property litigation team.

  • January 11, 2018

    Suing Models Seek To Freeze Assets Of Fla. Swingers Club

    The Playboy Playmates and other professional models suing a Tampa-area swingers club for allegedly using their likenesses without permission asked a Florida federal court Wednesday to freeze the club's assets after its owners threatened to file for bankruptcy to make sure the women “do not get anything.”

  • January 11, 2018

    PTAB Labels 2 Decisions As Guidelines On Time-Bar Rulings

    The Patent Trial and Appeal Board on Wednesday designated as “informative” two decisions dealing with the inter partes review time-bar, including one in which the board denied Luv N’ Care Ltd.’s challenge to a patent because of late payment.

  • January 11, 2018

    Water Balloon Toy Makers Square Off Over IP In Fed. Circ.

    The maker of toys designed to rapidly fill multiple water balloons urged a Federal Circuit panel Thursday to burst a pair of federal injunctions blocking the sale of the toys, saying a federal judge erred in finding that patent infringement suits against them are likely to succeed.

  • January 11, 2018

    Restasis Is FDA-Approved, Allergan Reminds Compounder

    Allergan USA Inc. on Wednesday urged a California federal court to shoot down false advertising counterclaims brought by drug compounder Imprimis Pharmaceuticals Inc., arguing that it’s factually true that its dry-eye medication Restasis is U.S. Food and Drug Administration-approved.

  • January 11, 2018

    Change To Local Rules May Bring More Patent Cases To Mass.

    The District of Massachusetts is considering an overhaul to its local rule for patent cases, changes that attorneys said would make litigation in the state more efficient and could encourage more patent owners to file lawsuits there.

  • January 11, 2018

    1st Circ. Chides Biolitec For Umpteenth Appeal Of $70M Fine

    Three First Circuit judges on Thursday lambasted an admittedly copied-and-pasted argument in Biolitec AG's fifth attempt to remove a $70 million contempt order against the medical laser developer and rescind an outstanding arrest warrant for its chief executive.

Expert Analysis

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Fed. Circ. ​Ruling May Trigger New Wave Of TM Applications

    Perry Viscounty

    Following the Federal Circuit’s recent Brunetti decision, the U.S. Patent and Trademark Office should no longer reject trademark applications on the grounds that they are immoral, scandalous or disparaging, which opens up registration to a diverse range of applicants whose marks were previously precluded by the Lanham Act, say attorneys with Latham & Watkins LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Amici Views On Big Pharma 'Renting' Sovereign Immunity

    Ben Bourke

    The Patent Trial and Appeal Board recently requested briefing from amici for the first time — in Mylan v. Saint Regis Mohawk Tribe. In general, technology and pharmaceutical companies argued that the deal assigning Allergan patents to the tribe was a sham, while other tribes and a group of law professors supported the sovereign immunity defense, says Ben Bourke of Womble Bond Dickinson LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • New USPTO Fees Likely To Attract More Chinese Applicants

    Junqi Hang

    At the U.S. Patent and Trademark Office, a set of new fees will go into effect next week. We believe the substantial fee increases for inter partes review proceedings work in favor of foreign applicants, such as Chinese applicants, who are interested in seeking patents in the U.S., say Junqi Hang and Jing Xu of Dragon Intellectual Property Law Firm.

  • Fed. Circ.'s 2017 Patent Decisions: A Statistical Analysis

    Dan Bagatell

    The Federal Circuit does not explain how it calculates its case statistics, and the high level at which the court presents the data obscures the juicy details. So about a year ago I began tracking the disposition of every Federal Circuit decision involving patent law — more than 450 cases in calendar year 2017, says Dan Bagatell of Perkins Coie LLP.

  • Good News For Trade Secret Actions At ITC

    Alex Lasher

    A Wisconsin federal court's recent holding in Manitowoc v. Sany provides further incentive for complainants to use Section 337 to adjudicate trade secret misappropriation claims in the future. But there are limitations, say Alex Lasher and Jared Newton of Quinn Emanuel Urquhart & Sullivan LLP.

  • Continuing Uncertainty On Scope Of IPR Petitioner Estoppel

    Arpita Bhattacharyya

    Recent cases provide valuable guidance on the application of inter partes review estoppel, and the news is heartening for IPR petitioners. But the divergent approaches taken by the Patent Trial and Appeal Board and the district courts have continued to muddle the issue, say Arpita Bhattacharyya and Barbara McCurdy of Finnegan Henderson Farabow Garrett & Dunner LLP.