Intellectual Property

  • May 23, 2017

    Fed. Circ. Affirms ITC Ruling Invalidating Coffee Pod Patent

    Claims in a patent on reusable pods for single-serving coffee makers are invalid for lack of description, the Federal Circuit ruled Tuesday, affirming an International Trade Commission decision in an infringement case between two rival pod makers.

  • May 23, 2017

    Apple, Nokia Deal Resolves Slew Of Video Patent Suits

    Apple and Nokia set aside their differences and reached a business deal to end sprawling patent litigation that accused the California-based iPhone maker of infringing 40 Nokia patents for video coding, compression and other technologies, the companies said Tuesday.

  • May 23, 2017

    Nuisance Patent Suits Could Decline After TC Heartland

    The U.S. Supreme Court’s decision to place limits on where patent lawsuits can be filed could make life difficult for some so-called patent trolls, experts said, potentially cutting down the number of nuisance lawsuits hoping to extract a quick settlement.

  • May 23, 2017

    Trump Budget Calls For $3.59B In USPTO Funding

    The proposed budget President Donald Trump released Tuesday spared the U.S. Patent and Trademark Office from the dramatic cuts imposed on some other federal agencies, calling for the office to receive $3.59 billion in funding next year, an increase from the current level.

  • May 23, 2017

    Screen Manufacturers Settle In Long-Running LCD Patent Suit

    Eidos Display resolved its long-standing patent infringement dispute with another screen manufacturer, HannStar Display, over its use of technology meant to improve liquid crystal displays in Texas federal court Monday.

  • May 23, 2017

    Fed. Circ. Upholds Amazon’s Knockoff Pillowcase IP Win

    The Federal Circuit on Tuesday affirmed a district court decision that Amazon didn’t infringe design patents on stuffed animal pillowcases, saying the online commerce giant provided an online platform for third-party vendors to sell the items so it cannot be held liable for selling the allegedly infringing items itself.

  • May 23, 2017

    Judge Upholds Suspension Of Late-Filing Atty By USPTO

    A Virginia federal court on Monday shot down a New York attorney’s bid to challenge the U.S. Patent and Trademark Office’s decision to suspend him from practicing before the board for two years, ruling that the board had correctly found that his decision to file a patent application without investigating its viability warranted suspension.

  • May 23, 2017

    Defense Worker Cops To 'Bourne'-Inspired Spy Scheme

    A former defense contractor employee who loves spy stories like the “Jason Bourne” films pled guilty Monday to charges related to selling military satellite information to an agent he thought was a Russian spy for money to send to a girlfriend in Long Beach, California, who was catfishing him.

  • May 23, 2017

    Forever 21 Rips Puma's 'Anti-Competitive Intent' In Shoe Spat

    Facing a potential preliminary injunction over allegedly infringing shoes, clothing chain Forever 21 blasted Puma SE for using “speculation and conclusory statements” in an effort to “shut down legitimate competition.”

  • May 23, 2017

    Haynes and Boone Adds Brand Management, IP Partner

    Haynes and Boone LLP has added top intellectual property litigator Adam Siegartel from Proskauer Rose LLP to join its trademark practice group as a partner at its New York office, where he will lead the brand management group and work on diverse IP matters. 

  • May 23, 2017

    Lilly's $20M Cialis Patent Verdict Stayed During Appeal

    A Texas federal judge on Tuesday stayed a $20 million judgment against Eli Lilly & Co. while the drugmaker appeals to the Federal Circuit the jury’s finding that Lilly infringed a German pharmaceutical company’s patent when marketing a new use of the erectile dysfunction drug Cialis.

  • May 23, 2017

    MoFo Adds 6 From Wilson Sonsini To SF IP Litigation Group

    Morrison & Foerster LLP announced Tuesday the addition of six top intellectual property litigation attorneys from Wilson Sonsini Goodrich & Rosati PC to its San Francisco office, prepping the firm for future tech-based trials and proceedings at the U.S. International Trade Commission.

  • May 23, 2017

    Digital Rights Group Accuses Comcast Of Censorship

    A digital rights advocacy group announced Tuesday that it had received a cease-and-desist letter from Comcast representatives threatening to bring trademark infringement claims against its website,, which is organizing investigations into allegedly fake anti-net neutrality comments submitted to the Federal Communications Commission.

  • May 23, 2017

    E-Wallet Tech Developer Claims Apple Pay Was His Brainchild

    Apple and Visa were hit with a patent infringement suit in Delaware federal court on Sunday alleging that they rejected a licensing deal with an early developer of personal identity authentication technology for a contactless payment system and nevertheless went to market with their own version, Apple Pay.

  • May 23, 2017

    No Court Has Ever Nixed A Fair Use Verdict, Google Says

    Google Inc. urged the Federal Circuit on Monday not to revive an $8.8 billion copyright lawsuit filed against the company by Oracle, warning that “no court” has ever overturned a jury verdict on fair use — and “this is no time to start.”

  • May 23, 2017

    Fla. Swingers Club Fights Models' Suit Over Images

    A Tampa-based swingers club tried Monday to duck a collective action filed by a model for “The Price is Right” and others who say the club uses their images without permission, arguing that the models' lengthy complaint does not meet pleading standards and ensnares the club's property owner who is not involved in the business.

  • May 23, 2017

    Hulu Sues TiVo Over Patent Licensing Agreement

    Hulu LLC hit TiVo Corp. with a suit in California federal court Tuesday, asking the court to declare that it doesn’t need to renew an expired licensing agreement with the entertainment patent holding company since three patents covered by the agreement are no longer applicable.

  • May 23, 2017

    Houston Chef Says Restaurant's Noncompete Unenforceable

    A former executive chef at an upscale Houston seafood restaurant has filed a suit accusing his ex-employer of not letting him out of an unenforceable noncompete agreement after turning the venue into a Tex-Mex eatery.

  • May 23, 2017

    Judge Greenlights Merck's $60M Deal In Pay-For-Delay MDL

    A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.

  • May 23, 2017

    Disney Wants 'Zootopia' Copyright Case Killed

    The Walt Disney Co. asked a federal judge Monday to toss out a copyright lawsuit claiming the studio stole its smash hit “Zootopia” from a screenwriter’s unproduced treatment, calling the case a classic example of “out of the woodwork” accusations after a movie strikes box office gold.

Expert Analysis

  • The Legal Road Ahead For Autonomous Vehicles

    Video Thumbnail

    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • Employer Cybersecurity Measures For Trade Secret Protection

    Excerpt from Lexis Practice Advisor
    Kevin Cloutier

    Establishing and maintaining formalized workplace cybersecurity programs can help minimize the risk of trade secret misappropriation by reducing opportunities for unauthorized parties to gain access to an employer’s networks, computers and data. Attorneys with Sheppard Mullin Richter & Hampton LLP offer guidance on cybersecurity measures available to employers to protect their confidential information and trade secrets.

  • The 9th Circ.'s Surprising, Alarming DMCA Decision

    Terry Parker

    The Ninth Circuit's decision last month in Mavrix v. LiveJournal heralds a definite shift in Digital Millennium Copyright Act case law, moving away from what copyright lawyers thought was an accepted level of review and interaction with the content by a website, says Terry Parker of Rath Young and Pignatelli PC.

  • Patenting An Interface Between Human Brain And Computer

    Larissa Park

    Elon Musk's latest startup, Neuralink, aims to explore the brain-machine interface. Inventions that address the brain-machine interface should be deemed patentable subject matter — if they are drafted appropriately. The keyword here is "if," says Larissa Park of DLA Piper.

  • The Defend Trade Secrets Act — A Year In Review

    Boris Zelkind

    In honor of the one-year anniversary of the signing of the Defend Trade Secrets Act, attorneys at Knobbe Martens Olson & Bear LLP tracked every DTSA case filed over the last year to see how the law is affecting our courts and how it is being utilized throughout the country.

  • How China Became An IP Superpower

    Jay Erstling

    China has repeatedly been labeled an intellectual property pirate and wholesale IP rights violator, but those labels are no longer accurate. Today, applicants who overlook China do so at their peril, says Jay Erstling, of counsel at Patterson Thuente Pedersen PA and former director of WIPO's Patent Cooperation Treaty Office.

  • APA Violation In IPR Can Turn Into Harmless Error On Appeal

    Richard Marsh

    While IPR Licensing v. ZTE demonstrates that the Administrative Procedure Act remains a viable ground for challenging inter partes review decisions, it also illustrates how the Federal Circuit’s standard of review on appeal can cure some APA violations, say attorneys with Faegre Baker Daniels LLP.

  • 'Fearless Girl' Statue Raises Moral Rights Issues

    Will Smith

    Arturo Di Modica, the sculptor who designed the famous "Charging Bull," has indicated that the presence of Wall Street's "Fearless Girl" statue is a copyright infringement. But he would have to rely on his so-called "moral rights," and the level of protection given to authors' moral rights has historically varied significantly, says Will Smith of Bird & Bird LLP.

  • The ITC’s Evolving Approach To Cease And Desist Orders

    Daniel Valencia

    Over the past few years, commissioners at the International Trade Commission have shown interest in grappling with questions of the breadth and nature of the ITC’s power to issue cease and desist orders as a remedy for violations of Section 337. Several observations about the commission’s recent decisions are worth noting, say Augustus Golden and Daniel Valencia of Covington & Burling LLP.

  • Rebuttal

    Analytical Approach Still Acceptable For Reasonable Royalties

    Mark Pedigo

    A recent Law360 guest article concluded that the analytical approach to determining reasonable royalties is no more than inappropriate, unreliable and arbitrary junk science. But many courts clearly think otherwise. Here are six examples, says Mark Pedigo of RGL Forensics.