Intellectual Property

  • May 17, 2018

    EA Says Ex-NFLers' Game Likeness Suit Relies On 'Say-So'

    Electronic Arts Inc. urged a California federal judge Thursday to end allegations it improperly used retired NFL players’ likenesses in Madden video games, or to at least deny the players’ bid for class certification, saying that after years of discovery, they have no proof their avatars are identifiable “other than their say-so.”

  • May 17, 2018

    Google Beats Bid To Bar Patent Challenge In Balloon IP Suit

    A California federal judge Thursday wouldn’t bar Google from disputing the validity of Space Data Corp.’s patent claims in litigation accusing Google of stealing its balloon-based internet technology, rejecting Space Data’s argument that a U.S. Patent and Trademark Office decision blocks the challenge.

  • May 17, 2018

    Judge Probes Quinn Attys On 'Games' In Apple-Samsung Trial

    U.S. District Judge Lucy Koh on Thursday ordered Quinn Emanuel attorneys representing Samsung to provide the flight itinerary and boarding pass of a witness they suddenly dropped after Apple rested its case in a billion-dollar California patent damages trial, saying she wants to see if they're "playing games." A trial between Apple and Samsung played out all week in a San Jose courtroom, closing Friday. Here's one of our top-read stories on the proceedings from this week.

  • May 17, 2018

    Emerson Seeks Peek At Facebook Deal In $30M IP Theft Suit

    Emerson Electric told a skeptical California federal judge Thursday it wants former co-defendant Facebook to disclose its confidential deal to exit BladeRoom Group Ltd.’s trade secret suit, saying any financial settlement could offset the $30 million a jury said it owes BladeRoom.

  • May 17, 2018

    Exclusivity ‘Didn’t Require Success,’ Amgen Tells DC Circ.

    Amgen told a D.C. Circuit panel Thursday that it’s entitled to extra exclusivity protection for its lucrative calcium-control drug Sensipar because it fulfilled the U.S. Food and Drug Administration’s request to study the drug's possible uses in children, only to have the FDA reject the research based on artificially high standards.

  • May 17, 2018

    Architect's Revised Suit In Google RICO Row Stricken

    A California federal judge on Wednesday struck an architect’s sixth try to allege Google stole his building design technology trade secrets, one day after she said she was “surprised” at the amended complaint given pending dismissal motions before her.

  • May 17, 2018

    Online Ad Co. Looks To DQ Rival Counsel In Click Fraud Suit

    An internet ad placement company has asked a Texas federal judge to disqualify an attorney representing a rival in a $2.3 million suit over click fraud, saying the attorney had shared information the company designated as for outside attorneys' eyes only.

  • May 17, 2018

    St. Roch Market Biz Fights New Orleans Over TM Use

    The operator of New Orleans’ historic St. Roch Market has asked a Louisiana federal court to reject the city's bid to stop it from using the service mark outside the city, such as in Miami and Chicago, arguing New Orleans has never used the mark in commerce but only leases the building with the market’s name.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Blue Spike Loses Bid Again To Keep IP Row In Texas

    An Eastern District of Texas judge remained firm on Wednesday on her decision to transfer to California federal court a sprawling patent infringement suit filed by Blue Spike against Juniper Networks Inc., rejecting the patent-holding company's counterarguments as merely disagreeing with her position.

  • May 17, 2018

    Florida Pizza Shop Beats NJ In Highway Trademark Fight

    The Trademark Trial and Appeal Board has ruled that New Jersey can’t block a small Florida pizza chain from registering a logo that mimics signs for the Garden State Parkway, the state’s latest loss in a yearslong trademark dispute with the company.

  • May 16, 2018

    Retailers Led By Walgreens Sue Allergan Over Restasis IP

    A quartet of major U.S. retailers including Walgreen Co., Kroger Co., Albertsons Cos. Inc. and HEB Grocery Co. sued Allergan Inc. on Wednesday alleging antitrust violations, accusing the drugmaker of fibbing to the authorities to secure unlawful patents for its Restasis dry-eye disease medication.

  • May 16, 2018

    Quinn Atty's Query In $1B Apple Trial 'Improper,' Judge Says

    U.S. District Judge Lucy Koh threatened Wednesday to admonish Samsung's counsel from Quinn Emanuel Urquhart & Sullivan LLP in front of a jury deciding how much Samsung owes for infringing Apple smartphone patents, calling a line of questioning posed to an Apple witness “very improper" and "intentionally done.”

  • May 16, 2018

    Biolitec Counsel Can't Dodge Sanction For Stonewalling

    A federal judge in Massachusetts on Wednesday refused to reconsider a sanction he imposed against specialty laser firm Biolitec AG for what the judge has called the company’s “ethically dubious” tactics and “shameless stonewalling” in its decadelong fight against liability for a subsidiary’s multimillion-dollar patent infringement settlement.

  • May 16, 2018

    Lexis Boosts IP Services With PatentSight Acquisition

    LexisNexis-owned Reed Tech, which provides information services to the intellectual property, government and life sciences industries, on Wednesday announced that it has acquired PatentSight, a data analytics company known for its program that helps value IP assets.

  • May 16, 2018

    Fed. Circ. Nixes More Of Inomax Patent After PTAB Review

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board’s decision to invalidate the bulk of a Mallinckrodt patent on respiratory drug Inomax, then canceled an additional claim that judges said the board wrongly interpreted.

  • May 16, 2018

    Drake's Copyright Accusers Can't Shake Countersuit

    A music production company that unsuccessfully sued Drake for copyright infringement still has to face the rapper's counterclaims that it misled the public by featuring his photo on its website, a New York federal judge ruled Tuesday.

  • May 16, 2018

    Fed. Circ. Upholds Endo's Opioid Patent Win Against Generics

    The Federal Circuit on Wednesday found that two opioid patents owned by Endo Pharmaceuticals Inc. are valid and had been infringed by the generic versions of the painkiller, affirming in full a lower court's ruling.

  • May 16, 2018

    Novartis, Par Hit With Pay-For-Delay Suit Over Exforge

    Novartis Pharmaceuticals Corp. was able to keep a generic of its hypertension drug Exforge off the market for years by agreeing to let Par Pharmaceutical Inc. have six months of generic exclusivity, a deal that shunned competition and kept prices higher, according to a proposed class action filed in New York federal court Wednesday.

  • May 16, 2018

    Swarovski Battles Online Counterfeiting With $22M TM Suit

    International crystal and jewelry maker Swarovski Aktiengesellschaft and its North American component filed a lawsuit in Illinois federal court Wednesday asking a judge to help it combat a host of alleged counterfeiters it says are infringing its trademarks and faking its products.

Expert Analysis

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Overlooked Changes To Patent Cooperation Treaty Practice

    Nicholas Landau

    As a result of changes to the patent code from the America Invents Act, the Patent Law Treaties Implementation Act and the AIA's technical corrections amendment, the bypass patent application presents many potential advantages. A bypass application could have resolved Actelion’s recent patent-term problem, say Nicholas Landau and Jake Neu of Bradley Arant Boult Cummings LLP.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.

  • Dark Time For Data: Get Ready For WHOIS Blackout

    Peter Willsey

    The WHOIS system is set to undergo a monthslong "blackout" period when the EU General Data Protection Regulation takes effect on May 25, during which intellectual property lawyers will have a much more difficult time identifying the owners of domain names associated with infringing trademarks and content, say Peter Willsey and Timothy Hance of Cooley LLP.

  • The Future Of Design Patent Remedies Is Unclear

    Derek Dahlgren

    The Apple v. Samsung design-patent retrial — scheduled to begin on Monday — is an opportunity to clear up confusion on remedies. However, the complicated test that will be used for determining the article of manufacture presents the risk of creating more confusion, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.

  • The District Court Split On Pleading Indirect Infringement

    Joseph Saltiel

    District courts have diverged over the years as to what the proper standards should be for pleading indirect patent infringement. The Federal Circuit or Congress should resolve this inconsistency, says Joseph Saltiel of Dinsmore & Shohl LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • A Way To Improve PTAB Ex Parte Appeals

    William Smith

    If the Patent Trial and Appeal Board wants to significantly improve the predictability of its decisions — a priority for U.S. Patent and Trademark Office Director Andrei Iancu — it should limit its review of the merits in ex parte appeals to the facts and reasons in the “statement of rejection” section of the examiner’s answer, say William Smith and Allen Sokal of BakerHostetler.