Intellectual Property

  • May 24, 2017

    Timing Key For Cos. Hoping To Flee EDTX Post-TC Heartland

    Now that the U.S. Supreme Court has limited where patent suits can be filed, accused infringers in cases underway in the Eastern District of Texas may be able to use the decision to escape to more favorable venues, but it will depend on how long the case has been pending.

  • May 24, 2017

    Phony 5-Hour Energy Bottle Maker Gets Over 2 Years

    A California federal judge sentenced a bottle maker on Wednesday to more than two years in prison for his role in a massive scheme to counterfeit 5-Hour Energy drinks, saying he must serve prison time even if he didn’t originally know conspirators had asked him to make packaging for phony products.

  • May 24, 2017

    Before Google, These 5 Brands Fought Against 'Genericide'

    Google has prevailed over accusations that its name has become a generic term that can't be protected by trademark law, but it was hardly the first to face such claims in court. Here are five more courtroom battles over the dreaded issue of "genericide."

  • May 24, 2017

    PTAB Finds University Of Md. Is Immune From IP Review

    The Patent Trial and Appeal Board on Tuesday held that a University of Maryland heart valve patent may not be challenged in an America Invents Act inter partes review because its owner has immunity under the 11th Amendment as an “arm of the state.”

  • May 24, 2017

    Jury Hands UC Berry IP Win, But Judge Slams Both Sides

    A California federal jury found largely in favor of the University of California Davis on Wednesday in a suit claiming two professors stole intellectual property from its strawberry breeding program in launching their rival company, but the presiding judge said “both sides are to blame,” because the university failed to plan the strawberry program’s future.

  • May 24, 2017

    Google Denied PTAB Review Of Philips Touch-Screen Patent

    The Patent Trial and Appeal Board denied Google's petition to review a Philips touch-screen patent after Philips sued computer manufacturers Acer and Asus for infringement, determining Wednesday that Google failed to prove that the patent is likely invalid.

  • May 24, 2017

    7 Charged In Chinese Trade Secrets Theft From Trelleborg

    Federal prosecutors in Washington, D.C., charged seven people Wednesday with taking part in a scheme to steal trade secrets from a marine materials unit of the Swedish engineering firm Trelleborg AB, saying the thefts were meant to benefit a state-supported Chinese company.

  • May 24, 2017

    O’Melveny Adds IP Special Counsel In Silicon Valley

    O’Melveny & Myers LLP is bolstering its intellectual property and technology practice at its Silicon Valley office with the addition of a veteran advertising and marketing IP special counsel from DLA Piper, the firm announced.

  • May 24, 2017

    Fed. Circ. Won't Rehear Apple, Facebook IP Suit

    Apple Inc., Facebook Inc. and other tech giants continued to win out over infringement allegations filed by a patent licensing firm when the Federal Circuit on Wednesday declined to reconsider a decision tossing out the case.

  • May 24, 2017

    Muzak Parent Files Ch. 15 Amid Canadian Restructuring

    Mood Media, the parent company to in-store media provider Muzak, has asked a New York federal bankruptcy court for Chapter 15 protection while it restructures $650 million in outstanding debt in Canada after suffering financial difficulties caused by technological changes and licensing issues.

  • May 24, 2017

    Boutique IP Firm Nabs Fox Rothschild Atty For Tech Team

    Kacvinsky Daisak Bluni PLLC has hired a veteran intellectual property attorney from Fox Rothschild LLP as a senior attorney in the boutique law firm’s mechanical arts and software industries team in Pittsburgh.

  • May 24, 2017

    Waymo Wants Privilege Log From Uber Exec In IP Suit

    Waymo asked a California federal judge on Tuesday to force a former engineer who's now working for Uber to provide a detailed list of documents he's refusing to disclose under the Fifth Amendment in a high-profile trade secrets fight alleging the ride-sharing giant stole the Alphabet Inc. unit's self-driving car technology.

  • May 24, 2017

    Sippy Cup Maker's Malpractice Beef Looks DOA At 2nd Circ.

    The Second Circuit did not look interested Tuesday in reviving Luv N' Care Ltd.'s legal malpractice beef against its former intellectual property counsel Goldberg Cohen LLP, with one judge eliciting a seeming concession that the sippy cup maker has abandoned large chunks of its case.

  • May 24, 2017

    Mylan, IRS Ink Deal To Avoid Trial On Nebivolol Transaction

    Mylan Inc. and the IRS have struck a last-minute deal to avert a $100 million tax trial relating to the drugmaker's transaction with Forest Laboratories Holdings Ltd. over the antihypertensive compound nebivolol, agreeing on a set of calculations for how to treat the transaction for tax purposes.

  • May 24, 2017

    Fed. Circ. Revives 'Insignia' Wine Trademark Fight

    The Federal Circuit has revived a case filed by an "Insignia" wine brand that aims to cancel a trademark registration for "Bradley Star Insignia" cigars, saying the Trademark Trial and Appeal Board applied an improper “all-or-nothing” approach when deciding whether the wine mark was famous.

  • May 24, 2017

    Cozen O’Connor Adds 2 Norton Rose IP Partners In Minn.

    Two former Norton Rose Fulbright partners, one a trademark attorney and the other a software patent litigator whose clients have included Robert Bosch, have joined Cozen O’Connor’s Minneapolis office as members.

  • May 24, 2017

    Wastewater Co. CEO Fires Back, Claims Shareholder Sabotage

    The CEO of an Israeli-based wastewater treatment company told the Delaware Chancery Court that a group of shareholders suing him over alleged mismanagement sabotaged the company themselves for their own benefit.

  • May 24, 2017

    Blue Spike Trims What Was Largest Ever US Patent Suit

    Blue Spike nearly halved the number of patents cited in its claims in Texas federal court against more than 100 Juniper Networks wireless products allegedly using its electronic watermark technology in what was previously the largest ever patent suit in the U.S.

  • May 23, 2017

    Apple Asks Justices To Deny Samsung Petition In $120M Win

    Apple Inc. defended a Federal Circuit’s en banc decision to uphold a $120 million award against Samsung Electronics Corp. Ltd. in a long-running dispute over smartphone patent infringement to the U.S. Supreme Court on Monday, saying the decision doesn't stir up any issues on obviousness, infringement or injunctions worthy of high court review.

  • May 23, 2017

    UC Davis Says Profs Stole Strawberry IP As Trial Wraps

    The University of California Davis delivered closing arguments Tuesday in a patent suit against two professors, saying they stole the fruits of the school’s strawberry breeding program in launching a rival commercial venture, while the professors countered that the school breached its obligations by preventing the use of new berry varieties.

Expert Analysis

  • Using High Court's Failure To Define 'Component' In Promega

    Junqi Hang

    The U.S. Supreme Court's recent decision in Life Technologies v. Promega states that "a single component does not constitute a substantial portion of the components" under Section 271(f)(1). However, it does not state what constitutes such a component, which offers an opportunity to survive a 271(f)(1) challenge, says patent attorney Junqi Hang.

  • A Better UDRP Standard For Personal Names: Part 1

    Roberta Horton

    The Uniform Domain Name Dispute Resolution Policy frequently provides a welcome remedy for trademark owners who fall victim to cybersquatters. But when a well-known individual's name is targeted, the UDRP generally affords protection only to those who can show that they have reaped commercial success through use of their names, say Roberta Horton and Michael Kientzle of Arnold & Porter Kaye Scholer LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • Predicting The Success Of Claim-Rejection Appeals

    Sameer Vadera

    Patent applicants seeking review of examiners’ claim rejections can leverage the correlation between art unit allowance rates and appeal cycle allowance prospects to inform appeal entry decisions, say Sameer Vadera and Kate Gaudry of Kilpatrick Townsend & Stockton LLP.

  • The Trick To Trademarking Micro-Moments In Sports

    Ryan Hilbert

    One of the most interesting recent developments in the sports apparel industry is the commercialization of unexpected, instantly memorable happenings during a game. But the same characteristics that make these micro-moments so appealing also create the possibility for tremendous risk in the world of trademarks, says Ryan Hilbert of Holley & Menker PA.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • What Braintree Means For Intent To Induce Infringement

    Gerald Flattmann

    This month, the Federal Circuit reversed a decision of noninfringement in Braintree v. Breckenridge, providing further guidance in the recent body of decisions under the Hatch-Waxman scheme regarding when proposed drug labeling evidences intent to induce patent infringement, say attorneys with Paul Hastings LLP.

  • The Narrowing Scope Of Covered Business Method Review

    Ali Dhanani

    Covered business method reviews had proved to be an effective way to file petitions outside of the strict limitations of inter partes reviews. However, the Federal Circuit's recent decision in Secure Axcess v. PNC and the Patent Trial and Appeal Board's ruling in Google v. HBAC will make it significantly harder to seek those reviews, says Ali Dhanani of Baker Botts LLP.

  • Takeaways From Ivanka Trump’s TM Approval In China

    Amy Headshot Picture.jpg

    Last month, when three of Ivanka Trump's company trademarks in China were approved the very day she dined with China’s president, there was special-treatment speculation. But the real issue for brands should be: Is China more equipped now to protect the trademark rights of public figures? says Amy Hsiao of The Sladkus Law Group.