Intellectual Property

  • February 14, 2018

    Montblanc Wins $32M Default Judgment Against Counterfeiter

    A Virginia federal judge has awarded Montblanc-Simplo GmbH $32.15 million in its suit alleging a website operator violated trademark laws by selling counterfeit Montblanc products, granting default judgment to the German luxury goods company after the accused web user never responded to the complaint.

  • February 14, 2018

    Fed. Circ. Upholds PTAB Ax Of Cisco Network Security Patent

    Arista Networks Inc. notched a win in its fight with Cisco Systems Inc. over networking equipment technology on Wednesday, when the Federal Circuit upheld a Patent Trial and Appeal Board decision that invalidated part of a Cisco patent that Arista had been found to infringe.

  • February 14, 2018

    Athenahealth Must Face Fired Worker's Claims

    A Massachusetts federal judge on Tuesday rejected Athenahealth’s bid to duck a former employee’s claim that it wrongfully discharged her for refusing to misappropriate another company’s intellectual property, but freed it from some of her other allegations.

  • February 14, 2018

    Fed. Circ. Finds Another Alice Ruling Came Too Soon

    The Federal Circuit faulted a lower court Wednesday for invalidating data manipulation patents as abstract ideas on a motion to dismiss, the second time in days the court has held that a judge too quickly found that patents failed the U.S. Supreme Court’s Alice test.

  • February 14, 2018

    Disney Sued Again Over Allegedly Ripping Off 'Zootopia'

    A production company whose copyright feud over The Walt Disney Co.'s film "Zootopia” was tossed by a California federal judge last year has hit the media giant with a contract suit in state court, claiming Disney breached an implied contract by allegedly stealing its story to create the animated hit.

  • February 14, 2018

    Fitbit Settles Trademark Suit With Alleged Counterfeiters

    Fitbit Inc. and several of the companies that it accused of selling counterfeit versions of its products asked a California federal judge Tuesday to rule that a confidential settlement between them is fair.

  • February 14, 2018

    Sailing Looks Clear For 10th Circ., Other Judge Picks

    President Donald Trump’s nominees to the Tenth Circuit and three other federal courts look to have a clear path forward after they laid out their judicial philosophies before a Senate panel Wednesday, their thoughts ranging from giving more time for jury selection to encouraging more “coordination” between district courts and the patent office.

  • February 14, 2018

    Leason Ellis Scores Ex-Venable IP Litigator In NY

    Leason Ellis LLP has added an intellectual property litigator with more than 35 years of experience in patent litigation, according to the firm. 

  • February 14, 2018

    Illumina Uses Mosaic Of Trial Assets To Score $27M IP Win

    No one factor propelled Weil Gotshal & Manges LLP and Illumina Inc. to a recent $26.7 million trial win over Ariosa Diagnostics Inc. in a long-running case over prenatal testing technology. Rather, it was a combination of assets that included the strength of Illumina’s patents and the expertise of hard-hitters on the Weil team.

  • February 14, 2018

    Reebok-CCM Fights Deposition Of Sidney Crosby, Others

    Reebok-CCM Hockey told a Massachusetts federal court on Wednesday that Hefter Impact Technologies LLC should not be allowed to take or retake six depositions, including from Pittsburgh Penguins captain Sidney Crosby, simply because it did not do a thorough job the first time in the suit over a royalty agreement over helmet designs.

  • February 14, 2018

    Circle K Training Videos Infringe Copyright, Suit Says

    Convenience store giant Circle K Stores Inc. on Tuesday was hit with a copyright infringement suit by a company that makes employee training videos for allegedly copying and distributing several videos to stores nationwide as part of mandatory training.

  • February 13, 2018

    'Goodfellas' Actor Can't Revive $250M 'Simpsons' Image Suit

    Fox Television Studios Inc. scored another victory in "Goodfellas" actor Frank Sivero's $250 million suit alleging the studio ripped off his likeness for a character on "The Simpsons" when a California state appeals court on Tuesday affirmed the use of the character was protected.

  • February 13, 2018

    USPTO Says Fed Circ. Ruling Misapplies Aqua Decision

    The U.S. Patent and Trademark Office has asked the Federal Circuit to reconsider the court's recent application of a landmark en banc ruling that shifted the burden of proof for amending patents during America Invents Act reviews, suggesting that the panel's latest decision misinterpreted that order.  

  • February 13, 2018

    Ex-BigLaw Attys' Licensing Co. Loses Patent Suit Under Alice

    A patent licensing company run by former WilmerHale and Kirkland & Ellis LLP partners lost its infringement claims against two security companies on Monday, when a California federal judge found that its patent on internet data channels is invalid under the Supreme Court's Alice ruling for claiming only an abstract idea.  

  • February 13, 2018

    Taylor Swift 'Shake It Off' Lyrics Suit Gets One More Shot

    A California federal judge on Tuesday said he’ll give a pair of songwriters one last shot to bring copyright claims against Taylor Swift for allegedly ripping off lyrics to the 3LW song “Playas Gon’ Play" in her 2014 hit “Shake It Off,” saying at the same time that the lines at issue are too short and insufficiently creative to merit Copyright Act protection.

  • February 13, 2018

    9th Circ. Botched Sanctions Ruling, Startup Argues

    Indiezone Inc. asked the Ninth Circuit on Tuesday to rethink its decision that a lower court correctly sanctioned the startup and its lawyer for bringing a “sham” company into its case alleging that former employees conspired to steal its $1 billion e-commerce processing software.

  • February 13, 2018

    LeClairRyan Can't Toss Malpractice Suit

    LeClairRyan is stuck defending against a malpractice suit brought by a disgruntled client, after a newly assigned Illinois federal judge refused to toss the case despite harsh words from a previous judge who called the client’s claims “bizarre” and “extraordinarily troubling.”

  • February 13, 2018

    Finjan Drops IP Retrial Against Symantec Unit, Signals Deal

    Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”

  • February 13, 2018

    PTAB Won't Review 2 Humira Patents In Sandoz Challenge

    The Patent Trial and Appeal Board denied challenges to two patents for AbbVie Inc.’s blockbuster autoimmune drug Humira, finding that generics maker Sandoz Inc. hadn’t shown they were likely invalid.

  • February 13, 2018

    VidAngel Asks 9th Circ. To Revive Claims Against Studios

    VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.

Expert Analysis

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Fed. Circ. Sets Record 'Relatively Straight' On Indefiniteness

    Harold Borland

    The Federal Circuit recently ruled that the patent in Exmark v. Briggs & Stratton provided reasonable certainty on how to determine whether a lawn mower baffle portion was long enough and straight enough to be considered “elongated and substantially straight” for the purposes of determining infringement. The analysis may diminish the confidence of parties to design around patent claims, says Harold Borland of Haynes and Boone LLP.

  • Exploring Interplay Between PTAB And Claims Court: Part 3

    Matthew Rizzolo

    Two hot topics in intellectual property law — the pending Oil States case, and the applicability of sovereign immunity before the Patent Trial and Appeal Board — have possible implications for patent litigation in the U.S. Court of Federal Claims, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • USPTO Signals Support For New Basis To Invalidate Patents

    Joseph Mallon

    After a hiatus of nearly 23 years, a new “improper Markush grouping” rejection was quietly slipped into the latest revision of the Manual of Patent Examining Procedure, released by the U.S. Patent and Trademark Office just days prior to the Senate confirmation of Andrei Iancu as the new director on Monday, says Joseph Mallon of Knobbe Martens.

  • Exploring Interplay Between PTAB And Claims Court: Part 2

    Matthew Rizzolo

    The Patent Trial and Appeal Board has held that a noticed third-party government contractor participating in a 1498 action brought in the U.S. Court of Federal Claims is not subject to the America Invents Act’s one-year bar. However, potential insulation from the one-year bar comes with significant caveats, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • BMG V. Cox Is Major Copyright Victory For Music Industry

    Alexander Lawrence

    In one of the music industry's first attempts to hold an internet service provider liable for subscribers' unauthorized peer-to-peer file sharing, the Fourth Circuit largely sided with the copyright holders. The BMG v. Cox decision last week provides important guidance on the Digital Millennium Copyright Act safe harbor and the scope of secondary liability under the Copyright Act, says Alexander Lawrence of Morrison & Foerster LLP.

  • Olympics Bring Trademark Considerations For Athletes

    Michael Rueda

    The Olympics have the unique ability to catapult a relatively unknown name into global celebrity. Athletes suddenly have a "brand" to sell — and to protect with trademarks, says Michael Rueda of Withers Bergman LLP.

  • Exploring Interplay Between PTAB And Claims Court: Part 1

    Matthew Rizzolo

    While the oft-overlooked U.S. Court of Federal Claims has exclusive jurisdiction over patent suits against the U.S. government, the Federal Circuit's recent decision in Return Mail v. U.S. Postal Service addressed whether the government can use another Article I tribunal to defend itself against allegations of patent infringement — the Patent Trial and Appeal Board, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.