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Intellectual Property

  • November 6, 2018

    RIAA Says 'Stairway' Ruling Would 'Overprotect' Copyrights

    The Recording Industry Association of America asked the full Ninth Circuit to undo a high-profile ruling on Led Zeppelin's "Stairway to Heaven," saying it threatens to "badly overprotect" copyrights.

  • November 6, 2018

    Venable Adds Ex-Goodwin Procter IP Pro In San Francisco

    Venable LLP has snagged a tech-savvy patent litigator, formerly of Goodwin Procter LLP, to bolster the firm's growing intellectual property litigation practice in San Francisco and help the team’s developing focus on the technology sector, Venable said.

  • November 5, 2018

    Fla. Jury Awards Badia $564K Over 'Sazón Completa' Mark

    Gel Spice Company Inc. failed to prove that Badia Spices' trademark for its “Sazón Completa” spice mix has become generic and Gel willfully infringed the mark, a Florida federal jury found Monday in awarding $564,000 to Badia.

  • November 5, 2018

    Power Integrations Seeks $21M In Damages In Del. IP Trial

    Semiconductor maker Power Integrations Inc. laid out its case Monday for more than $21 million in damages during the first day of a Delaware federal court trial over claims that competitor Fairchild Semiconductor International willfully infringed two patents and induced third parties to import products using the infringing microchips to the U.S.

  • November 5, 2018

    SAG-AFTRA Seeks To Mute Songwriters' Suit Over 3% Fee

    The Screen Actors Guild‐American Federation of Television and Radio Artists asked a California federal judge Monday to throw out songwriter Kevin Risto's putative class action alleging it violated its fiduciary duty to session musicians and backup singers by taking a 3 percent service fee on all royalties they're owed.

  • November 5, 2018

    Jury Award Doubled To $268M In Hearing Aid IP Case

    A California federal judge on Sunday doubled a 2014 jury award and ordered medical device company Cochlear Ltd. to pay more than $268 million in a lawsuit over a hearing-aid implant patent owned by the Alfred E. Mann Foundation for Scientific Research, a medical research organization.

  • November 5, 2018

    Invisalign Maker Says Rival Is Infringing Scanner Cover IP

    The creator of Invisalign and dental scanners accused an Israel-based rival of infringing its design and trademarks covering sterile sleeves for the scanners so it could sell its similar but allegedly inferior product, according to a suit in California federal court.

  • November 5, 2018

    Winston & Strawn Arbitration Clause 'Unconscionable': Panel

    A Winston & Strawn LLP arbitration agreement with a former income partner now suing the firm for gender discrimination carries "the taint of illegality" and is unenforceable, a California appellate court said Friday.

  • November 5, 2018

    Teva Suit Built On 'Tottering Tower Of Conjecture,' FDA Says

    Teva Pharmaceuticals’ high-profile challenge to a new U.S. Food and Drug Administration policy on generic-drug exclusivity is wildly speculative and has virtually no chance of succeeding, the FDA told a D.C. federal judge Friday.

  • November 5, 2018

    Pulling Pre-AIA Patents Violates Due Process, Fed. Circ. Hears

    The Federal Circuit heard arguments Monday regarding whether claims in two patents that relate to a method of preventing electrical fires in gas tubing are too similar to prior art and whether it is a violation of due process to retroactively declare a pre-America Invents Act patent unpatentable.

  • November 5, 2018

    FTC Head Recuses Himself From Qualcomm Antitrust Row

    Federal Trade Commission Chairman Joseph Simons has recused himself from any participation in the agency’s California federal court antitrust case accusing Qualcomm of anti-competitive patent licensing practices, leaving an even divide between the FTC’s Republican and Democratic commissioners as the agency and the chipmaker pursue settlement talks.

  • November 5, 2018

    Fed. Circ. Won't Rethink Axing Hyosung ATM Patent Claims

    The Federal Circuit said Friday it would not reconsider an August ruling that invalidated part of a Nautilus Hyosung America Inc. ATM patent challenged by Diebold Nixdorf Inc., a rival company that the U.S. International Trade Commission found infringed the patent.

  • November 5, 2018

    Walmart Rival Seeks Quick Trial On 'Backyard' TM Remedies

    Two weeks after winning a jury verdict that Walmart willfully infringed its "Backyard" trademark, a Southern discount chain is asking a North Carolina federal judge for a quick trial to figure out how much the retail giant must pay.

  • November 5, 2018

    Ex-USPTO Solicitor Nathan Kelley Joins Perkins Coie

    Nathan Kelley, former U.S. Patent and Trademark Office deputy general counsel of intellectual property law and solicitor, has joined Perkins Coie LLP as a partner in its Washington, D.C., office, the firm announced Monday.

  • November 5, 2018

    Medtronic Fires Back In Ex-PTAB Chief's Gay Bias Suit

    Medtronic leveled a counterclaim Friday in a sexual orientation bias case brought by David Ruschke, a former Patent Trial and Appeal Board chief judge and onetime attorney for the medical device maker, telling a California federal court that Ruschke hasn't repaid a $250,000 loan the company gave him in 2007.

  • November 5, 2018

    Mexican Sauce Mark Too Close To Indian Spices, TTAB Says

    The Trademark Trial and Appeal Board on Friday decided a "Sonia" brand of Mexican sauces was confusingly similar to a "Sonia Soni" brand of Indian spices, ruling that "certain spices may be used in both Mexican and Indian cuisine."

  • November 5, 2018

    High Court Won't Consider Real Estate Search Patents

    The U.S. Supreme Court on Monday declined to review a ruling from the Federal Circuit that invalidated real estate search patents under the Alice test, choosing not to weigh in on whether the appellate court's ruling could be squared with a high-profile decision issued days later.

  • November 2, 2018

    Hagens Berman Seeks Lead Role In Intuniv Pay-For-Delay Suit

    Hagens Berman Sobol Shapiro LLP pursued lead counsel status and class certification Friday in a proposed antitrust case against two pharmaceutical companies over the marketing of ADHD drug Intuniv, according to a filing in Massachusetts federal court.

  • November 2, 2018

    Zetia MDL Buyers Maintain Merck's Generic Deal Was Illegal

    A Virginia federal court shouldn’t throw out multidistrict litigation accusing Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. of manipulating the generic drug market to keep prices of the cholesterol medication Zetia high, buyers of the drug urged, claiming they can prove antitrust violations.

  • November 2, 2018

    Ex-Genentech Engineer Pleads Not Guilty To Hacking, IP Theft

    A former Genentech Inc. engineer pled not guilty in California federal court Friday to multiple felony charges accusing him and his former co-workers of hacking into Genentech's database and stealing top secret medical trade secrets for Taiwanese rival JHL Biotech Inc.

Expert Analysis

  • Inventor's Case Highlights Appeal Option For Rejected Patent

    Pauline Pelletier

    ​When a rejected patent​ application ​is appealed to the Patent Trial and Appeal Board​ unsuccessfully, ​the standard next step is Federal Circuit appeal. ​But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.​

  • A New Framework For 'Blocking Patents' And Obviousness?

    winston.jpg

    Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.

  • Issues High Court Will Explore In Copyright Registration Case

    Irene Lee

    Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • 5 Things To Consider Before Heading To PTAB

    Harper Batts

    Patent Trial and Appeal Board proceedings remain powerful tools for companies accused of patent infringement. However, recent case law developments, rule changes and shifting legal frameworks have increased the hurdles faced by petitioners, say Harper Batts and Jeffrey Liang of Sheppard Mullin Richter & Hampton LLP.

  • Data Privacy Vs. Cybersecurity At Your Company

    Scott Warren

    ​Which is more important — data privacy or cybersecurity? ​M​ost in-house counsel know the answer depends on which receives the limited available compliance budget.​ But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.

  • What IP Attorneys Need To Know About 5G

    Ranganath Sudarshan

    With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.

  • Opinion

    Only Congress Can Stop Courts' Patent-Eligibility Nonsense

    Nancy Linck

    The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.