Intellectual Property

  • March 24, 2017

    PTAB Declines To Review Key-Organizer Design Patent

    The Patent Trial and Appeal Board has decided not to institute post-grant review of a Curv Brands LLC patent covering the design of a pocket key organizer, rejecting a request from a competitor that argued the patent was obvious.

  • March 24, 2017

    USPTO Forms Group To Implement Trump's '1 In, 2 Out' Rule

    The U.S. Patent and Trademark Office announced Friday that it has formed a working group to identify regulations that can be eliminated under President Donald Trump's executive order that for every new regulation issued by government agencies, two others must be discarded.

  • March 24, 2017

    Kanye West Settles Copyright Fight Over 'New Slaves'

    Kanye West has reached a settlement with a member of a Hungarian rock band who accused the hip-hop superstar of illegally sampling one of the group’s songs.

  • March 24, 2017

    MLB Accused Of Using Confidential Info For Training Website

    The developer of a Major League Baseball-branded website providing instructional content for youth baseball players, coaches and parents accused the league in New York state court on Wednesday of using confidential information to create a competing website with another partner.

  • March 23, 2017

    Dan Aykroyd Breaks Down Booze Bottle Angles In IP Trial

    Comedy legend Dan Aykroyd on Thursday told a California federal jury that a tequila company had ripped off his Crystal Head Vodka brand’s unique skull-shaped bottle, pulling out a ruler to dissect what he said are obvious similarities between the two bottles.

  • March 23, 2017

    Alice Dooms Vote Verification Patent, Judge Rules

    A Florida federal judge has dismissed a patent suit by Voter Verified Inc. against Elections Systems & Software LLC, holding that a patent on a vote verification system covers nothing more than the abstract idea of collecting and verifying votes.

  • March 23, 2017

    Eli Lilly Case Leaves Big Questions For Another Day

    While a recent decision rejecting U.S. drugmaker Eli Lilly's CA$500 million ($375 million) claim against Canada over the invalidation of its patents demonstrates a properly functioning investor-state dispute settlement system, the tribunal nevertheless declined to provide greater clarity on substantive areas of international law.

  • March 23, 2017

    Siemens Accuses Power Plant Co. Of Trade Secrets Theft

    Siemens Energy Inc. sued Alin Machining Company in Florida federal court Thursday, alleging the power plant parts and services provider breached a confidentiality agreement and stole its trade secrets in order to make and sell knockoff replacement parts for Siemens’ energy turbines.

  • March 23, 2017

    PTAB Upholds Vimpat Patent In Generic Makers' Challenge

    The Patent Trial and Appeal Board upheld a Research Corp. Technologies Inc. patent for the anti-epileptic drug Vimpat on Wednesday, just months after a Delaware federal judge refused to invalidate part of the patent in an infringement suit brought against generic-drug makers.

  • March 23, 2017

    High Court Urged To Clarify '80s Patent Stance In Age Of Alice

    The U.S. Supreme Court should review the invalidation of five patents covering snowplow technology so it can clarify how the patent eligibility precedent it set in 1981 in Diamond v. Diehr holds in light of its landmark 2014 Alice ruling, the patents’ holder has argued.

  • March 23, 2017

    Full Fed. Circ. Told 'Radical' Rulings Threaten CBM Program

    Recent Federal Circuit rulings limiting the scope of the America Invents Act's covered business method patent review program fly in the face of congressional intent and threaten to gut the program, U.S. Bank NA said Thursday in a petition for en banc rehearing.

  • March 23, 2017

    Enfish, Microsoft End Patent Row After Fed. Circ. Revival

    The software patent dispute between Enfish LLC and Microsoft Corp. that led to a widely cited Federal Circuit decision overturning invalidity findings under Alice reached a quiet end in California federal court on Thursday when a judge dismissed the case citing an undisclosed deal.

  • March 23, 2017

    Fed. Circ. OKs Rejection Of $8M Fee Bid In Gene Patent Case

    The Federal Circuit ruled Thursday that a judge correctly rejected what she called a "jaw-dropping" request for $8 million in attorneys' fees from a German research institute after a failed patent suit by the University of Utah, saying she explained why the case did not stand out.

  • March 23, 2017

    Petition Not Time-Barred, But PTAB Won't Review Saw Patents

    The Patent Trial and Appeal Board declined to institute inter partes review of three SD3 LLC table saw safety patents Wednesday, although it reaffirmed that complaints filed with the U.S. International Trade Commission do not trigger the IPR time-bar.

  • March 23, 2017

    Amazon Loses Bid To Arbitrate Broadcom Tablet, Tech IP Row

    A California federal judge on Wednesday rejected Amazon's bid to force Broadcom and Avago to arbitrate their claims that Amazon is infringing a slew of its patents, ruling that Broadcom didn't agree to arbitrate its claims when it signed a customer agreement with Amazon Web Services.

  • March 23, 2017

    Zillow Wants $8.3M Verdict In Image Infringement Suit Tossed

    Real estate website Zillow on Wednesday claimed a jury erred last month when it gave a real estate photography company more than $8.3 million for its copyright violation claims against Zillow, saying it could not be held liable for images that were handled entirely by automatic systems.

  • March 23, 2017

    Private Equity Co. Wants Quick Win Against $89M IP Suit

    Energy companies locked in a battle over patent licensing for an energy catalyzer filed dueling motions for summary judgment in Florida federal court this week, with the patent owner insisting it has a right to enforce its contract and the licensees saying the device didn’t perform as promised.

  • March 23, 2017

    Tax Court Backs Amazon In $1.5B Transfer Pricing Dispute

    Amazon won a major victory in its $1.5 billion tax dispute with the Internal Revenue Service on Thursday when the U.S. Tax Court ruled that the methods it used to determine payments from its Luxembourg subsidiary for the licensing of intellectual property for online European operations were reasonable.

  • March 23, 2017

    Jury Awards TRX $6.8M In Fitness Equipment Patent, TM Row

    A California federal jury on Wednesday awarded the company behind popular TRX exercise equipment roughly $6.8 million after finding that rival fitness equipment maker and seller WOSS Enterprises LLC willfully infringed its patent for a resistance-based exercise device, as well as a trademark.

  • March 23, 2017

    Patent Licensing Cos. Fight To Save IP Row From Dismissal

    Two patent licensing companies on Wednesday hit back at a magistrate's recommendation to dismiss their infringement suits against Cigna, Consumer Cellular and others over 10 patents covering targeted email marketing technology, arguing that the defendants haven't established that the asserted claims are abstract under Alice.

Expert Analysis

  • A Dive Into BPCIA Confidential Info Disclosure Requirements

    Will Orlady

    Although courts have not definitively interpreted what confidential information a biosimilar manufacturer must disclose to a reference product sponsor if it wishes to engage in the patent dance, future biosimilar litigants can reduce risk and increase benefits by noting issues raised in Biologics Price Competition and Innovation Act litigation thus far, say Will Orlady and Tasha Francis of Fish & Richardson PC.

  • Means-Plus-Function Trends At PTAB

    Roger Lee

    When it comes to means-plus-function claim terms, inter partes review petitioners are required to provide explicit claim constructions of such terms. Recent institution decisions have turned on the Patent Trial and Appeal Board’s assessment of means-plus-function claim terms, say Roger Lee and Jonathan Bowser of Buchanan Ingersoll & Rooney PC.

  • EU May Soon Surpass US As Patent Center

    Ashley Keller

    Despite some uncertainty surrounding Brexit’s impact, the changing patent regime in Europe likely will make things easier for patent holders. Indeed, the new Unified Patent Court has several features that suggest it will be an appealing alternative to U.S. patent courts, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Rebuttal

    Why China Is A Good Place For NPEs

    Erick Robinson

    A recent Law360 guest article's conclusion that China will see little nonpracticing entity activity over the next five years is short-sighted. I currently represent several NPEs in China, and my view is quite different, says ‎Erick Robinson, director of patent litigation at Beijing East IP Ltd.

  • 'March Madness' Trademark Tips And Traps

    Roberta Jacobs-Meadway

    As the nation’s major college basketball tournament kicks off on Tuesday, the debate continues as to whether and to what extent the NCAA has the right to engage in rigorous trademark policing efforts when the use of "March Madness" is informational rather than suggesting some official connection or sponsorship, say Roberta Jacobs-Meadway and Alexander Fleisher of Eckert Seamans Cherin & Mellott LLC.

  • 4 Years In, Inter Partes Review May Not Be The Best Strategy


    For the first few years of inter partes review, the data told a story of unfettered success. Recent data, however, tells a changing story. While filings have continued to rise, institution and invalidation rates have declined, say Paul Collier and Bruce Ratain of Kirkland & Ellis LLP.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • The Emerging Blockchain Patent Landscape

    Nelson M. Rosario

    To understand what is going on in the blockchain patent world, Nelson Rosario of Marshall Gerstein & Borun LLP conducted a high-level search for blockchain-related patent filings. Here's what he found.

  • Contesting Conventional Wisdom On Copyright Disgorgement


    Surprisingly, there is little case law analysis or statutory support for the widely held belief that disgorgement of a defendant’s profits in copyright cases is an issue for the jury, rather than the court, to decide. This gives litigants, particularly defendants, a potentially powerful weapon to level the playing field, say Benjamin Stern and Yasmin Ghassab of Holland & Knight LLP.