Intellectual Property

  • February 17, 2017

    O'Bannon Attys Tell 9th Circ. NCAA Must Pay $42M Fee Award

    Attorneys for the student-athletes who obtained a ruling preventing the NCAA from capping what schools can provide them below the full cost of attendance told the Ninth Circuit on Thursday they are entitled to over $42 million in attorneys’ fees. 

  • February 17, 2017

    NCAA Champs Urge 9th Circ. To Revive Likeness Rights Row

    Two former Division III college basketball champions urged the Ninth Circuit on Friday to revive their proposed class action against a website that sold official NCAA photos, arguing the Copyright Act doesn’t bar them from pursuing their name and likeness rights in NCAA-copyrighted photos.

  • February 17, 2017

    Brand Battles: NCAA Swats Big Ten Over 'March Madness'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the NCAA targets one of its own top conferences over its "March Madness" mark, Monster Energy takes on Cornell University over the name of a newly developed apple, and Google faces a fight to register a so-called motion mark.

  • February 17, 2017

    Biosimilar Notice Ruling 'Nonsensical,' High Court Hears

    The Federal Circuit reached a "nonsensical" conclusion that biosimilar makers must wait for product approval before giving notice of sales to rivals, a top trade group told the U.S. Supreme Court on Friday.

  • February 17, 2017

    Fitness Celeb Claims Gym Infringed Exercise Machine, IP

    Fitness guru and celebrity trainer Sebastien Lagree and his Lagree Fitness sued the BodyRok franchise in California federal court on Friday alleging infringement of his patents, copyright and trademarks with a fitness machine nearly identical to his “Megaformer.”

  • February 17, 2017

    Fed. Circ. Axes Third Speaker Patent Claim In Apple Case

    The Federal Circuit on Friday upheld a  Patent Trial and Appeal Board ruling invalidating two claims of a speaker patent Slot Speaker Technologies had asserted against Apple and reversed the board’s finding that a third claim would not have been obvious.

  • February 17, 2017

    White & Case Nabs Troutman Sanders Litigation Partner

    Global law firm White & Case LLP has hired as partner a trial lawyer from Troutman Sanders LLP who specializes in representing public and private equity firms in complex commercial litigation and intellectual property disputes, according to White & Case.

  • February 17, 2017

    Merck Settles Long-Running Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have told a New Jersey federal court they have settled their long-running MDL accusing them of pay-for-delay over the potassium supplement K-Dur.

  • February 17, 2017

    Becton Asks Justices Not To Revive $340M Antitrust Award

    Safety syringe manufacturer Becton Dickinson and Co. has asked the U.S. Supreme Court not to review a Fifth Circuit decision that reversed a $340 million award for antitrust damages against it, saying the appeals court correctly held that false advertising is not anti-competitive conduct.

  • February 17, 2017

    Ex-Playboy Bunny Accuses Sex Pill Maker Of Fake Promo

    A former model and reality television star known for her live-in relationship with Hugh Hefner at his Playboy mansion recently slapped the makers of a male sexual enhancement pill with a suit in Los Angeles court, claiming they falsely attributed an endorsement of the product to her.

  • February 17, 2017

    Sprint Owes Comcast $1.5M Over SMS Patent, Jury Finds

    A Pennsylvania federal jury on Friday awarded Comcast $1.5 million in damages after finding that Sprint had infringed a patent the company held for text messaging operations.

  • February 17, 2017

    Acer Says Intellisoft’s $694M Software IP Suit Is Untimely

    Computer maker Acer America Corp. urged a California judge Friday to grant it a win in Intellisoft Ltd.'s $694 million trade secrets and patent infringement suit alleging Acer stole its system restore software, saying Intellisoft waited too long to file suit.

  • February 17, 2017

    Hatch Says Patent Venue Legislation Likely Needed

    Senate Republican High-Tech Task Force Chair Sen. Orrin Hatch said in remarks on Capitol Hill Wednesday that regardless of whether the U.S. Supreme Court rules in favor of TC Heartland and restricts where patent suits can be filed, legislation will likely be needed to prevent future forum shopping.

  • February 17, 2017

    Judge Trims Some Of HP's Defenses In Oracle Copyright Row

    A California federal judge on Thursday struck five of Hewlett Packard’s defenses in a suit brought by Oracle claiming HP was part of a conspiracy to distribute its copyrighted software code through support companies, while allowing fair use and other defenses to move forward.

  • February 17, 2017

    Apple, Tech Giants Win Data Patent Dispute At Fed. Circ.

    The Federal Circuit refused to heed a patent-licensing firm’s arguments that two data management patents were wrongly deemed invalid as abstract, handing a win on Friday to Apple, Facebook and other technology giants.

  • February 17, 2017

    Treat The Beatles Just Like Adele, Vimeo Tells High Court

    Urging the U.S. Supreme Court to reject a closely watched case on the Digital Millennium Copyright Act, video website Vimeo told the high court Thursday “it would make no sense” for federal law to treat The Beatles any differently than Adele.

  • February 17, 2017

    Noted Patent Lawyer On Verge Of Default In SEC Ponzi Case

    A Texas lawyer once referred to by Wired Magazine as the "world's most innovative patent troll" appeared on the verge Friday of defaulting out of a U.S. Securities and Exchange Commission suit alleging he and another lawyer schemed to pilfer $6 million from small businesses' escrow accounts.

  • February 17, 2017

    Full Fed. Circ. Urged To Rethink Trading Patents' Alice Validity

    CQG asked the full Federal Circuit on Friday to review a panel finding that electronic trading patents the software maker was ordered to pay $16 million in infringement damages for are valid under Alice, saying the panel rewrote the law on patent eligibility.

  • February 17, 2017

    Ex-SoundCloud GC Heads To JAG Shaw Baker's IP Practice

    U.K.-based law firm JAG Shaw Baker has strengthened its intellectual property practice with the addition of the former senior vice president and general counsel of audio distribution platform SoundCloud, the firm announced on Thursday.

  • February 16, 2017

    Berger Singerman Picks Up IP Pro From Broad And Cassel

    Florida firm Berger Singerman LLP has added a Broad and Cassel intellectual property litigator as a first move in a plan to expand its IP capabilities, the firm announced Friday.

Expert Analysis

  • Much More Than East Texas Is At Stake In TC Heartland

    Steven Pollinger

    The U.S. Supreme Court’s grant of certiorari in TC Heartland has received a considerable amount of press regarding the potential impact on the Eastern District of Texas's ability to retain patent infringement litigation. But commentators have neglected to address how the overruling of VE Holding would, in many cases, prohibit patent holders throughout the country from filing suit in their home districts, say Steven Pollinger and Yu... (continued)

  • Considerations For State Universities After PTAB Win

    William Hubbard

    The Patent Trial and Appeal Board recently ruled in Covidien v. University of Florida that sovereign immunity prevents inter partes reviews from being instituted regarding patents owned by many state universities. This result is a boon to universities' patent portfolios and will affect their licensing and litigation strategies, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • IPR Appeals: Pendency And Success Rates At Fed. Circ.

    Kerry S. Taylor

    To help litigants forecast the amount of time an inter partes review appeal will take, we analyzed each IPR appeal decided by the Federal Circuit in 2016, and compiled statistics on the timing and success rates. The court affirmed 75 percent of IPR final written decisions, say Kerry Taylor and Daniel Kamkar of Knobbe Martens Olson & Bear LLP.

  • The Abstract Swing: Major League Problems In Patent Law

    Darin Gibby

    Imagine if a baseball player developed a new swing — something in between a bunt and a fully loaded swing. It becomes popular, and the commissioner decides to ban these "abstract" swings but doesn't create a workable test for recognizing them. Ever since Alice, patent applicants have been befuddled with the concept of an abstract idea. Perhaps our new Congress will get our inventors back on base, says Darin Gibby of Kilpatrick Town... (continued)

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • IPR Appeals: Outcomes In Fed. Circ. Remands To PTAB

    Kerry S. Taylor

    After tracking the outcomes, pendency and details of the Patent Trial and Appeal Board’s treatment of inter partes review decisions remanded from the Federal Circuit, we found IPR litigants can expect the PTAB to maintain their original decision if given room to do so by the Federal Circuit, say Kerry Taylor and Clayton Henson of Knobbe Martens Olson & Bear LLP.

  • What TC Heartland Could Mean For Venue In ANDA Cases

    French_Wanda_BakerHostetler.jpg

    If the U.S. Supreme Court agrees with TC Heartland, then courts will have to determine where the “act of infringement” occurs in abbreviated new drug application cases, where the accused product is not yet marketed or sold, says Wanda French-Brown of BakerHostetler.

  • How PTAB Applies Mayo To Method Involving Natural Principle

    Robert M. Barrett

    Since the U.S. Patent and Trademark Office's 2016 memo on subject matter eligibility, the Patent Trial and Appeal Board has heard at least 30 appeals from applicants whose claims directed to methods or products arguably involving a natural principle have been rejected. Three PTAB reversals provide important signposts for applicants and practitioners, say attorneys with K&L Gates LLP.