Intellectual Property

  • February 13, 2018

    Split 9th Circ. Backs EpiCept Win In Patent-Deal Suit

    A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.

  • February 13, 2018

    Quick Alice Wins May Be Tougher After Fed. Circ. Ruling

    The days of patents regularly being invalidated under Alice early in a case could be over following a Federal Circuit decision that a judge wrongly granted summary judgment that a patent claimed only abstract ideas, attorneys say, and the contentious issue may now go to juries.

  • February 13, 2018

    IBM Says Exec's Microsoft Move Flouted Noncompete

    IBM accused an outgoing top executive Monday of violating a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer, prompting a New York federal judge to temporarily block her from starting her new job at least until a hearing is held.

  • February 13, 2018

    Disney Says DVD Box Clearly Bars Redbox Download Resales

    Disney urged a California federal judge Monday not to toss its lawsuit alleging Redbox resells digital download codes for Disney flicks, arguing that terms clearly printed on the box prevent the movie rental giant from hawking the downloads on the secondary market.

  • February 13, 2018

    Part Of Map Patent Survives Google Challenge At PTAB

    The U.S. Patent Trial and Appeal Board found Monday that Google had shown certain claims of a Makor Issues & Rights Ltd. traffic system patent were invalid as obvious but said the internet giant failed to prove that several claims of a second Makor patent were void.

  • February 13, 2018

    After Big Waymo Settlement, Uber Criminal Probe Still Looms

    Uber paid hundreds of millions of dollars last week to settle civil accusations that it stole self-driving car technology from Google’s Waymo, but don’t forget: Federal prosecutors might still bring criminal charges over the same alleged theft.

  • February 13, 2018

    Sportswear Co. Wins Toss Of Some Claims In Domain Dispute

    An Arizona federal judge on Monday trimmed fraud and interference claims from an online gambling company's lawsuit that accused an Italian sportswear company of hijacking registered internet domains, but said the gambling company had plausibly suggested the website names had been improperly suspended.

  • February 13, 2018

    Nomadix Must Cough Up Patent Info In $11M Licensing Row

    A California federal judge on Monday ordered network device maker Nomadix Inc. to disclose patent information related to the counterclaims filed against it by a hotel entertainment company, explaining that the patent licenses could help establish damages in an $11 million suit over unpaid royalties.

  • February 13, 2018

    Iron Maiden Sues Sites Selling Counterfeit Merchandise

    British heavy metal band Iron Maiden is accusing several unidentified websites of selling counterfeit products that infringe its trademarks, according to a suit filed Monday in Illinois federal court.

  • February 13, 2018

    Judge Denies Phoenix New IP Trial But Refuses VMware Fees

    A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.

  • February 13, 2018

    Tavern On The Green Co. Keeps Fighting NYC For TM Rights

    The successor to the bankrupt operator of iconic New York restaurant Tavern on the Green asked a federal court Monday to nix the city’s trademark suit against it, arguing it paid $1.3 million to franchise the restaurant’s name and motifs.

  • February 13, 2018

    Jury Awards Microsoft $278K In Office IP Row With Corel

    A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.

  • February 13, 2018

    Arcade Bar Says Rivals In Texas Are Infringing TM

    Barcade, a New York-based company that operates bars featuring arcade games, defended its trademark in Texas federal court on Monday, filing suit against two West Texas bars it alleges have used the “barcade” mark in their advertisements.

  • February 13, 2018

    Crowell & Moring Boosts NY Office With Ex-Kirkland IP Atty

    Crowell & Moring LLP has added to its intellectual property group's New York office a former Kirkland & Ellis LLP attorney who brings more than a decade of experience in IP litigation and patent portfolio management.

  • February 12, 2018

    LA Property Owner Pushes For Trial In Fred Segal TM Suit

    A Los Angeles retail property investor facing trademark infringement claims from Fred Segal LLC urged a California federal judge on Monday to “at a minimum” send the case to a jury after she tentatively ruled to dismiss their counterclaims alleging they have a right to keep the fashion brand’s sign up on an iconic ivy-covered property on Melrose Avenue.

  • February 12, 2018

    Fed. Circ. Affirms ITC Import Ban On Infringing Bosch Saws

    The Federal Circuit affirmed Monday an International Trade Commission decision barring imports of certain Robert Bosch GmbH table saws that the agency had determined infringed safety patents held by SawStop LLC.

  • February 12, 2018

    USPTO Funding Holds Steady At $3.4B Under Trump Budget

    The U.S. Patent and Trademark Office would get $3.41 billion in funding under the 2019 budget President Donald Trump unveiled Monday, which would hold the office’s budget steady while many other government agencies face the prospect of major cuts.

  • February 12, 2018

    Fed. Circ. Rules PTAB Wrongly Rejected Drain Patent App

    The Federal Circuit upended a decision from the Patent Trial and Appeal Board rejecting an application for a patent on a drain valve, finding, in part, that the board didn’t adequately explain its conclusion that the invention was obvious.

  • February 12, 2018

    Gibson Dunn Scores IP Transactions Partner In Silicon Valley

    Gibson Dunn & Crutcher LLP announced Monday that it had hired a White & Case LLP partner with a high-profile intellectual and technology transactions practice for its Silicon Valley office.

  • February 12, 2018

    MillerCoors Hit With Trademark Suit Over Keystone Rebrand

    MillerCoors was sued for trademark infringement Monday by a California craft beer maker called Stone Brewing Co. over the giant’s recent decision to market its Keystone brand simply as “Stone.”

Expert Analysis

  • Key Trade Secret Developments Of 2017: Part 2

    Randall Kahnke

    In 2017, courts considered important trade secret issues, including the federal Copyright Act’s preemptive power as it relates to trade secrets claims, and temporary injunctions based on mere possession of trade secrets, say attorneys with Faegre Baker Daniels LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 2

    Allen Sokal

    No statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i) of the U.S. Patent and Trademark Office's final rule implementing the America Invents Act. It appears that this section may be beyond the scope of the USPTO’s rulemaking authority, say Allen Sokal and William Smith of BakerHostetler.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 1

    Allen Sokal

    In 2012, the U.S. Patent and Trademark Office published its final rule to implement the America Invents Act. Unlike Section 42.73(d)(1), which prescribes the estoppel facing a petitioner in a post-grant proceeding and implements 35 U.S.C. §§ 315(e) and 325(e), no statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i), say Allen Sokal and William Smith of BakerHostetler.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Ensuring Section 121 Safe Harbor Applies To Patent

    Jay Lessler

    The Patent Act includes a provision shielding a child patent from double patenting over a parent patent. Patent prosecutors seeking the benefits of Section 121 should understand the importance of filing a divisional application during the pendency of the parent patent application in which a restriction requirement is issued, says Jay Lessler of Blank Rome LLP.

  • Gems Of Wisdom: A Guide To Protecting Jewelry Designs

    Dariush Adli

    Instances of jewelry designs being ripped off have made headlines, including a recent claim against clothing retailer Anthropologie. Patent, trademark and copyright laws can provide powerful protection for jewelry designers, says Dariush Adli, president of ADLI Law Group.