Intellectual Property

  • March 27, 2017

    Darden Beats TM Suit Over LongHorn 'Can't Fake Steak' Line

    Casual dining giant Darden Restaurants Inc. on Monday beat a trademark lawsuit that claimed a “You Can’t Fake Steak” slogan used at its LongHorn Steakhouse infringed a “You Can’t Fake Fresh” tagline used by a Florida seafood chain.

  • March 27, 2017

    Fed. Circ. Backs IBM PTAB Win Against Intellectual Ventures

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision invalidating several claims of an Intellectual Ventures computer firewall patent challenged by IBM and a group of banks, finding the claims to be obvious.

  • March 27, 2017

    Berkeley Team Gets European CRISPR Win After PTAB Loss

    The European Patent Office has announced its intention to grant a research team partially based at the University of California, Berkeley a patent on CRISPR gene-editing technology, giving them the latest victory in a multijurisdictional IP battle with a team from the Massachusetts Institute of Technology and the Broad Institute.

  • March 27, 2017

    Judge Urged To Nix Antitrust Suit Over Card Shuffling Patents

    Scientific Games Corp. and Bally Technologies Inc. asked an Illinois federal judge on Friday to dismiss a card shuffling company's antitrust claims that the pair tried to defraud the patent office, saying another court already found their patent claims had a sufficient legal basis.

  • March 27, 2017

    ClearCorrect Gets PTAB To Nix Claims Of Invisalign Patent

    The Patent Trial and Appeal Board decided Friday that several claims of an Align Technology Inc. patent on teeth-straightening technology are invalid, handing a win to ClearCorrect Operating LLC in the rivals' high-profile patent dispute.

  • March 27, 2017

    Hasbro Gets Judge To Ax 5 Patents Under Alice In Furby Case

    A California federal judge has cleared Hasbro Inc.’s Furby toys of infringing five patents on technology for controlling toys with sounds, finding that the patents are invalid under the U.S. Supreme Court’s Alice ruling for claiming only an abstract idea.

  • March 27, 2017

    Trump Names Makan Delrahim As DOJ Antitrust Chief

    President Donald Trump on Monday named White House deputy counsel Makan Delrahim to lead the U.S. Department of Justice's Antitrust Division, giving the Bush DOJ veteran and IP expert one of the most high-profile perches in the competition world.

  • March 27, 2017

    Spurned Implant Inventor Again Beats PTAB At Fed. Circ.

    For the second time this year, the Federal Circuit has rescued a patent application by inventor Steven Chudik from rejection at the Patent Trial and Appeal Board, finding Monday that Chudik’s design for a shoulder implant legitimately improved upon earlier inventions.

  • March 27, 2017

    Meras Can't Stay $12.5M Patent Verdict, Rival Says

    Water treatment company CH20 Monday asked a California court to deny a competitor's request to stay the final judgment in their $12.5 million patent infringement trial, saying it would be unfair to force it to wait for another exam of the patent.

  • March 27, 2017

    Polsinelli Adds Ex-Foley & Lardner IP Atty As Shareholder

    Polsinelli PC has added an intellectual property attorney previously with Foley & Lardner LLP who specializes in life sciences and biotechnology matters as a shareholder in its Boston office, the firm has announced.

  • March 27, 2017

    FTC Gets Ex-Patent Atty Testimony Blocked In Androgel Suit

    A Pennsylvania federal judge sided with the Federal Trade Commission in the agency's antitrust suit against AbbVie on Monday, striking an expert report and preventing the testimony of a retired Covington & Burling LLP patent attorney.

  • March 27, 2017

    Alcon Sues Lupin Over Itchy-Eye Solution Generic

    Specialty-drug maker Alcon Research Ltd. hit Lupin Ltd. with a patent infringement suit in Delaware federal court Friday, alleging the generics giant illegally filed a request with the U.S. Food and Drug Administration to start marketing a generic version of Alcon’s brand-new eyedrop formula.

  • March 27, 2017

    Ford Dodges Fuel Injector Infringement Suit At Fed. Circuit

    A Federal Circuit panel on Monday affirmed Ford Motor Co.’s win over allegations it infringed a patent for a fuel injector system, finding there is no way for Ford to infringe based on the patent holder's prior prosecution history disclaimer denying the existence of a pressure regulator in its systems.

  • March 27, 2017

    Mead Johnson Sued Over $17B Reckitt Benckiser Deal

    A Mead Johnson Nutrition Co. shareholder hit the company with a putative class action on Monday over its $17 billion tie-up with Reckitt Benckiser Group PLC, saying the company left information gaps in key securities filings regarding the deal.

  • March 27, 2017

    Marvel Trims Artists' IP Suit Over Iron Man Armor Design

    Marvel on Monday won partial dismissal of an infringement suit alleging it stole the body armor design worn by Iron Man from two comic book artists, though a New York federal court allowed a claim, saying a promotional poster bore similarity to one from the artists’ comic book series.

  • March 27, 2017

    Justices Send Patent Laches Appeals Back To Fed. Circ.

    The U.S. Supreme Court on Monday sent back to the Federal Circuit several appeals, including ones over Johnson & Johnson stent patents and Fossil watch parts, in light of the high court’s decision last week that laches cannot be a defense in many patent infringement cases.

  • March 27, 2017

    Mid-Continent Nabs 5th Circ. Win On $63M Bankruptcy Claim

    The Fifth Circuit found that Mid-Continent Casualty Co. need not pay the $63 million that Kipp Flores Architects LLC sought from the insurer's bankrupt policyholder after winning a copyright dispute, saying Friday no final judgment was entered in the bankruptcy.

  • March 27, 2017

    Texas IP Firm Gets Restraining Order Against Ex-Atty

    A state judge in Houston on Friday granted a temporary restraining order to an intellectual property law firm that filed suit a day earlier against one of its former attorneys, alleging he had stolen client information and used it to launch his own firm.

  • March 27, 2017

    Photographers Seek Sanctions For Fee Requests By NFL, AP

    Photographers suing the National Football League and the Associated Press over royalties from their pictures asked a New York federal court on Friday to sanction the league and the news agency, arguing that they knew their requests for $1.3 million in fees were “doomed to fail.”

  • March 27, 2017

    Supreme Court Won't Tackle Pre-1972 Song DMCA Battle

    The U.S. Supreme Court on Monday refused to hear a case from Capitol Records challenging a ruling last year that the Digital Millennium Copyright Act's so-called safe harbor protects sites like Vimeo from liability even for songs recorded prior to 1972, which aren't covered by federal copyright law.

Expert Analysis

  • The Rate Of PGR Petitions Hitting Orange Book Patents

    Donald Prather

    There appears to be a greater willingness among pharmaceutical companies to wade through the still relatively untested post-grant review process when compared with their initial hesitation regarding the initiation of inter partes review proceedings, say Kevin Chrustowski of TK Holdings Inc. and Donald Prather of Meunier Carlin & Curfman LLC.

  • Fed. Circ. May Be Setting Stage For Big Obviousness Changes

    Thomas King

    A number of Federal Circuit decisions have focused on some of the disputed issues highlighted in Apple v. Samsung. The court seems to be grappling with five questions, the resolutions of which have the potential to significantly impact the application of the nonobviousness principle in patent law, say Thomas King and Pranay Pattani of Haynes and Boone LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • Opinion

    A Call To Arms: The Trademark Battle For 'Triggerpoint'

    E. Russell Tarleton

    A U.S. trademark application to register the term "Triggerpoint" has piqued the interest of many​ in the fitness and massage industries​. By the time the opposition window closed on March 2, there were 45 entities and individuals requesting extensions to oppose Implus Footcare’s filing. Why all the fuss? The term may be merely descriptive, say Russell Tarleton and Jennifer Ashton of Seed IP Law Group LLP.

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)

  • End-Of-2016 Checkup Shows Patent System Is Healthy

    David J. Kappos

    The America Invents Act is carrying out its intended effect to prevent abuse of the patent system. Although issues remain, the data show that the patent system is finding increased stability over time and that further adjustments aimed at curbing perceived abuse by patentees are not needed, says David Kappos, a partner with Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • High Court Laches Ruling May Be Much Ado About Nothing

    Edward L. Tulin

    Many have expressed concern that if the U.S. Supreme Court strikes down laches as an equitable defense in patent cases it will destroy a critical check on "patent assertion entities." To see if SCA Hygiene is likely to change the dynamic between PAEs and alleged infringers, let's look at recent district court decisions finding that infringement claims were barred by laches, says Edward Tulin of Skadden Arps Slate Meagher & Flom LLP.

  • What PTAB Markush Rejection Means For Biotech Applicants

    Jeff B. Vockrodt

    For the first time in many years, the Patent Trial and Appeal Board recently affirmed an examiner’s rejection of a claim as an “improper Markush.” Ex parte Chettier could spell trouble for biotech applicants, but two other recent PTAB decisions provide strategies for applicants to deal with Markush rejections, say Jeff Vockrodt and Christopher Yaen of Arent Fox LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • A March Madness Bracket Based On Team Trademarks

    Michael N. Spink

    I decided to see what an NCAA tournament bracket would look like if based on the number of trademark registrations for each school competing. During my search of federal trademark records, I noted that universities are increasingly protecting hand and body gestures, says Michael Spink of Brinks Gilson & Lione.