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Intellectual Property

  • August 15, 2018

    AVM, Intel Stuck With Jury's Validity, Infringement Rulings

    A Delaware federal judge on Wednesday refused to overrule a jury’s decision that Intel Corp. didn't infringe an AVM Technologies LLC circuit patent and that the patent was valid.

  • August 15, 2018

    Music Rights Co. Can't Get Suit Against Radio Group Going

    A California federal judge on Tuesday refused to resume Global Music Rights LLC's suit alleging that industry group Radio Music License Committee Inc. is operating an "illegal cartel," telling the performance rights organization it should litigate in Pennsylvania, where it was sued first.

  • August 15, 2018

    CDK Doesn't Need To Produce FTC Docs In Dealer Data MDL

    An Illinois federal judge said Tuesday he will not require software company CDK Global LLC to turn over all 1.6 million documents it produced as part of a Federal Trade Commission investigation as the company fights claims it monopolized the car dealership data market in multidistrict litigation.

  • August 15, 2018

    'Star Wars' Book Dealer Sued Over Translation Credit Error

    Book distributor Readerlink Distribution Services LLC got hit with a lawsuit in Illinois federal court Tuesday by a woman who says it is selling a "Star Wars" book that misattributes its shoddy Spanish translation to her and hasn't destroyed the books despite indicating several times it would.

  • August 15, 2018

    Fed. Circ. Rules Database Patents Correctly Axed Under Alice

    The Federal Circuit on Wednesday ruled three indexing software patents that BuySeasons Inc. was accused of infringing are invalid for claiming nothing more than an abstract idea, upholding a ruling from a judge in the Eastern District of Texas.

  • August 15, 2018

    Masimo, Dominion Settle Suit Over Blood Monitoring Patent

    A California federal judge has dismissed an infringement suit Dominion Assets LLC brought against rival Masimo Corp. over noninvasive blood monitoring intellectual property, after the two companies told the court they reached a settlement.

  • August 15, 2018

    Warner Bros. Sued For Using Photo Of Ex-NFL Star's Fiancee

    A photo agency represented by frequent copyright plaintiffs counsel Liebowitz Law Firm PLLC on Tuesday filed a copyright infringement suit against Warner Bros., its second suit alleging unauthorized use of a photo of the late NFL player Aaron Hernandez's fiancee.

  • August 15, 2018

    Hasbro, DC Comics Settle 'Bumblebee' Superhero TM Battle

    A New York federal judge on Wednesday conditionally tossed Hasbro Inc.'s case accusing DC Comics of copying the name of its iconic yellow character from the Transformers by creating a superhero character named “Bumblebee,” after the companies said they have tentatively reached a settlement.

  • August 15, 2018

    Fed. Circ. Reverses ITC Import Ban On Diebold ATMs

    The Federal Circuit on Wednesday reversed a finding from the U.S. International Trade Commission that financial services company Diebold Nixdorf Inc.'s imported ATMs infringe a patent owned by a rival ATM manufacturer, nixing several of the patent's claims as too indefinite.

  • August 15, 2018

    Fed. Circ. Won't Toss Balloon IP Case From Texas Court

    The Federal Circuit on Wednesday denied a water balloon maker’s bid to toss a patent infringement suit on the basis that Texas is an improper venue, keeping intact a lower court’s finding that the company had forfeited its venue defense through previous litigation.

  • August 15, 2018

    PTAB Chief Judge Stepping Down For New Adviser Role

    Patent Trial and Appeal Board Chief Judge David Ruschke will step down from his post Sept. 2 to take on a newly created adviser position at the U.S. Patent and Trademark Office that will coordinate between the PTAB and patent examination units, the agency confirmed Wednesday.

  • August 14, 2018

    Rimini Still Owes Oracle $28.5M Attys' Fees In IP Suit

    A Nevada federal judge on Tuesday ordered Rimini Street Inc. to pay Oracle Corp. $28.5 million in attorneys' fees after years of litigation in their copyright infringement case, saying the award was still justified even though the Ninth Circuit reversed Oracle’s state-law claims.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Coachella Seeks Quick TM Win In Suit Against 'Filmchella'

    Popular music festival Coachella asked a California federal court Tuesday to hand it a partial win in its trademark infringement suit against the organizer of a new movie festival called Filmchella, saying it owns valid protectable trademarks that its rival intentionally copied for a “confusingly similar” use without authorization.

  • August 14, 2018

    PTAB Practice Guide Changes Will Aid Patent Owners

    Patent owners will have a better opportunity to make their arguments in America Invents Act reviews under new changes to the Patent Trial and Appeal Board's Trial Practice Guide, a move attorneys say seems to be a response to criticism that the reviews are slanted against patentees.

  • August 14, 2018

    PTAB Shuts Down Hologic Challenges To HIV Detection Patent

    The Patent Trial and Appeal Board has rejected Hologic Inc.’s challenges to a biotech company’s patent on a method for detecting HIV, finding that Hologic's arguments were similar to ones considered when the patent was examined.

  • August 14, 2018

    Fed. Circ. Lets Stand Vanda Ruling That Led To USPTO Memo

    The full Federal Circuit said Tuesday it won’t reconsider a panel’s decision to uphold a patent for Vanda Pharmaceuticals Inc.'s schizophrenia drug Fanapt, which had spurred a U.S. Patent and Trademark Office memo backing up the court on the patent eligibility of treatment methods.

  • August 14, 2018

    Bourbon Maker Asks 9th Circ. To Revive Wine Co. IP Row

    Spirits maker Sazerac Co. Inc. urged the Ninth Circuit to revive its suit alleging that a winemaker infringed its Buffalo Trace bourbon trademark, saying it lost a bench trial because the district court didn't even try to determine whether Fetzer Vineyards Inc.'s own buffalo logo-bearing product was likely to confuse customers.

  • August 14, 2018

    Fed. Circ. Upholds PTAB Ax Of Netlist Memory Patent Claims

    The Federal Circuit on Tuesday invalidated parts of two computer memory patents that Netlist Inc. has accused SanDisk LLC of infringing, upholding a decision from the Patent Trial and Appeal Board.

  • August 14, 2018

    After Big Ruling, Fed. Circ. Nixes USPTO Fee Award

    Citing a ruling last month striking down the U.S. Patent and Trademark Office's controversial policy on attorneys' fees, the Federal Circuit on Tuesday started tossing out such awards against other patent applicants.

Expert Analysis

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Overcoming Subject Matter Rejections: The Berkheimer Shift

    Karam Saab

    An analysis of Patent Trial and Appeal Board decisions from before and after the Federal Circuit's February 2018 Berkheimer decision suggests that the PTAB is using Berkheimer as a basis for overturning Section 101 subject matter eligibility rejections, says Karam Saab of Kilpatrick Townsend Stockton LLP.

  • Opinion

    Time To Remove Patent Barriers To US Drug Manufacturing

    Frederick Rein

    To be on a level playing field with the rest of the world, the United States should consider amending its patent laws to permit both the export and stockpiling of pharmaceuticals during the patent term extension period, say attorneys with Goodwin Procter LLP.

  • More Transfer Pricing Disputes And Other Altera Aftermath

    Kristin Garry

    The recent Ninth Circuit opinion in Altera Corp. v. Commissioner of Internal Revenue reaffirms the increasing significance of general administrative law principles in tax cases and marks a substantial departure from the arm’s-length standard for U.S. transfer pricing analysis for the past 80 years, say attorneys at Shearman & Sterling LLP.

  • The Pros And Cons Of Licensing Technology

    Toni Hickey

    Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • WesternGeco Could Lead To Cases Against Foreign Suppliers

    Jenny Colgate

    Lawyers have been speculating about the implications of the U.S. Supreme Court's decision in WesternGeco, particularly with respect to foreign lost profit damages for infringement. Less discussed, though, is the potential for a rise in induced-infringement cases against foreign suppliers, says Jenny Colgate of Rothwell Figg Ernst & Manbeck PC.

  • Questions Raised By Laws That Use Copyrighted Standards

    Matthew Zorn

    When a government incorporates a copyrighted work into law, what happens to the copyright? Last month, in American Society for Testing & Materials v. Public.Resource.Org, the D.C. Circuit sidestepped the copyrightability arguments and did not mention another issue lurking beneath the surface of this type of case — the takings clause, say Matthew Zorn and Shane Pennington of Yetter Coleman LLP.

  • Responding To Fed. Circ.'s Latest Patent Damages Test

    Eric Phillips

    Although the Federal Circuit's decision last month in Power Integrations v. Fairchild appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure, say Eric Phillips of VLF Consulting Inc. and Amol Parikh of McDermott Will & Emery LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.