Intellectual Property

  • May 25, 2017

    SRI Gets $32M Added To $24M Patent Trial Win Against Cisco

    A Delaware federal judge on Thursday shut down Cisco’s efforts to nix a $24 million verdict won by SRI International in the companies’ dispute over network surveillance patents, and instead doubled the damages award and awarded SRI $8 million in attorneys' fees on top.

  • May 25, 2017

    TC Heartland Adds To Fed. Circ. Losing Streak At High Court

    In its blockbuster ruling this week restricting where patent infringement suits can be filed, the U.S. Supreme Court issued yet another blow to the Federal Circuit in an ongoing battle over whether the court is reading too much into statutes and creating too many elaborate rules for patent law.

  • May 25, 2017

    FDA Chief Vows Action On Generic Approvals, Obstruction

    The U.S. Food and Drug Administration’s newly confirmed leader said Thursday that the agency will soon take action to ease drug prices by speeding development of generic medicines and cracking down on efforts by brand-name drugmakers to impede competition.

  • May 25, 2017

    Waymo Says Uber Can’t Hide Exec’s Alleged IP Crimes

    Alphabet Inc. unit Waymo asked a California federal judge Thursday to make Uber hand over a due-diligence report prepared in anticipation of acquiring a self-driving car company started by Anthony Levandowski, an ex-Waymo employee accused of stealing trade secrets, arguing Uber was trying to invoke a work-product privilege to shroud Levandowski's alleged crimes.

  • May 25, 2017

    PTAB Nixes Utility Pole Patent Claims In AIA Review

    The Patent Trial and Appeal Board has stripped several claims of a patent covering hollow utility poles, finding parts of patent owner Tom W. Waugh’s design are unpatentable based on prior art.

  • May 25, 2017

    Limelight Tells Del. High Court Akamai Deal Misconstrued

    Limelight Networks Inc. is defending its right to walk away from a $40 million IOU to longtime patent rival Akamai, telling the Delaware Supreme Court in a Thursday filing that a judge read requirements into a settlement that were not there.

  • May 25, 2017

    'Color Run' Says Rival Co. Is Infringing Trademarks

    The company behind the popular “Color Run” races filed a trademark lawsuit Wednesday in California federal court against a group that offers similar paint-drenched runs under the name “My School Color Run.”

  • May 25, 2017

    Muzak Asks DC Circ. To Rethink Copyright Royalty Ruling

    Music provider Muzak on Thursday asked the D.C. Circuit to rethink a decision that revived an unusual lawsuit that claims the company is using an obscure grandfather clause to “cheat artists,” saying that the ruling was “demonstrably” incorrect.

  • May 25, 2017

    Qualcomm Wants Apple Manufacturers To Pay Up

    Qualcomm Inc. asked a California federal court on Wednesday to force four Apple Inc. product manufacturers to pay royalties on intellectual property licensing agreements while beefing up its counterclaims against the iPhone maker in a separate case, once again alleging Apple has ordered the factories to withhold payments. 

  • May 25, 2017

    Fed. Circ. Should Let $36M Verdict Rest, Tech Co. Says

    Mentor Graphics Corp. has hit back against a Federal Circuit rehearing bid in a patent case over computer emulator technology, telling the appeals court that it already correctly calculated lost profits damages in affirming rival Synopsys Inc. must pay $36 million.

  • May 25, 2017

    Drug Wholesalers Blast Forest’s Bid For Profit Docs

    A proposed class of drug wholesalers urged a New York federal judge Wednesday to deny Forest Laboratories LLC’s request for certain documents in an antitrust suit alleging the drugmaker blocked generics for its Namenda Alzheimer’s treatment, saying their profit information is irrelevant in an antitrust case.

  • May 25, 2017

    Apple Says Fed. Circ.'s Ruling Killing $533M Verdict A-OK

    Apple Inc. on Wednesday urged the Federal Circuit to keep its decision freeing the California-based technology giant from a $533 million infringement verdict by invalidating Smartflash LLC’s data storage patents, saying the patent holder hadn’t raised anything new in its rehearing bid.

  • May 25, 2017

    Pfizer Says Expert Testimony In Celebrex Suit Unreliable

    Pfizer asked a Virginia federal judge Wednesday to exclude expert testimony supporting the certification of a class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic-drug competition for its Celebrex painkiller, saying the testimony is not reliable.

  • May 25, 2017

    PTAB Axes Coupon Patent Claims Challenged By Walgreens

    The Patent Trial and Appeal Board has found that all challenged claims in three patents covering customer rewards technology are invalid as obvious or as lacking proper written descriptions, handing retailers including Walgreens a win.

  • May 25, 2017

    Wal-Mart Rips Bid For $100M Trademark 'Windfall'

    Wal-Mart pushed back on claims that it owes more than $100 million in damages following a ruling that it “deliberately” infringed the trademarks of a small Southern discount chain, saying Wednesday the smaller rival is seeking a “windfall.”

  • May 25, 2017

    Justices Must Hear $120M Apple Win Revival, Patent Attys Say

    Trade group representatives and patent attorneys on Thursday warned of the further “erosion” of the U.S. patent system should the U.S. Supreme Court decline to review what they deem a slapdash ruling from the Federal Circuit reinstating Apple’s $120 million smartphone verdict against Samsung.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

  • May 24, 2017

    IP Czar Nominee Talks Patents, TC Heartland At Hearing

    President Donald Trump’s pick for intellectual property enforcement coordinator encountered relatively smooth sailing during his confirmation hearing Wednesday, stressing the importance of a well-oiled patent system while reserving judgment on the U.S. Supreme Court's recent TC Heartland decision.

  • May 24, 2017

    Employee Barred From Baggage Co. Over Trade Secrets Spill

    A Florida federal judge on Tuesday issued an injunction against a former baggage handling company employee as part of a settlement agreement ending allegations that he sent the company's trade secrets to Delta Air Lines Inc. during contract negotiations.

  • May 24, 2017

    UC, Medivation Settle Drug Royalty Row On Eve Of Trial

    The University of California and pharmaceutical maker Medivation told a San Francisco jury Wednesday that they had settled the school’s drug patent licensing suit on the eve of trial, thanking jurors and telling them the jury selection process had helped usher in the deal.

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • High Court Laches Rulings Likely Won't Affect TM Cases

    Howard Hogan

    Even though the U.S. Supreme Court has all but eliminated the defense of laches in copyright and patent infringement actions, laches likely remains viable against allegations of trademark infringement, say Howard Hogan and Anthony Vita of Gibson Dunn & Crutcher LLP.

  • Opinions Of Counsel Post-Halo: Lessons From 16 Cases

    Brian Mudge

    Following the U.S. Supreme Court's Halo decision 11 months ago, the case results show that investigating the patent and forming a good faith belief of invalidity or noninfringement is a key factor — perhaps the key factor — courts rely on in deciding whether to award enhanced damages, say Brian Mudge and Shawn O’Dowd of Andrews Kurth Kenyon LLP.

  • An Obviousness Reminder From The Fed. Circ.

    Jonathan DeBlois

    Although the obviousness test is at least a decade old, its second part — why someone would have been motivated to make the combination — is often overlooked. On occasion, even judges forget the “why” portion and need to be told that a full explanation of the motivation to combine is required. That is exactly what happened in Personal Web v. Apple, says Jonathan DeBlois of Sunstein Kann Murphy & Timbers LLP.

  • DMCA 2.0: A Potential Shift In Safe Harbor Jurisprudence

    Scott Sholder

    For nearly a decade, the most heavily litigated Digital Millennium Copyright Act “safe harbor​" issue has been the level of an ​internet service provider​’s knowledge of infringement​. But ​courts and litigants are starting to debate who constitutes a “user” and when the storage of infringing material is “at the direction” of a use​r, says Scott Sholder of Cowan DeBaets Abrahams & Sheppard LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • What We Know So Far About Direct Infringement Post-Form 18

    Eric Kaviar

    Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.

  • Initial Artifex Ruling Is A Victory For Open-Source Software

    Heather Meeker

    In denying a motion to dismiss in Artifex Software v. Hancom last month, the California federal court held that the copyright infringement and breach of contract claims may proceed on the theories enunciated by Artifex, not necessarily that they will succeed. Still, the case represents a significant step forward for open-source plaintiffs, say attorneys with O’Melveny & Myers LLP.

  • A Better UDRP Standard For Personal Names: Part 2

    Roberta Horton

    The current standard embraced by virtually all Uniform Domain Name Dispute Resolution Policy cases — that the claimant must show commercial use of her personal name to succeed — is simply too stringent. It should be expanded to protect prominent persons who do not market products or services in their own names, say Roberta Horton and Michael Kientzle of Arnold & Porter Kaye Scholer LLP.

  • Uncertainty In Patent Term Extension For Biologics

    Terry Mahn

    Biologic manufacturers should be made aware that the scope of patent rights for large-molecule drugs under an extended term is at best unclear, given that the statutory language developed under Hatch-Waxman must now be overlaid onto the Biologics Price Competition and Innovation Act, say Terry Mahn and Gina Nellesen of Fish & Richardson PC.