Intellectual Property

  • April 20, 2017

    DraftKings, Others Fight Bid For Source Code In IP Suit

    Daily fantasy sports company DraftKings and a group of other gaming companies on Wednesday asked a Nevada federal court to deny a bid by two gambling technology companies to force them to produce their source code in Las Vegas as part of a patent suit, arguing they have already agreed to produce the code at their counsel’s offices pursuant to a prior agreement.

  • April 20, 2017

    Feds Want 9 Years For Head Of Counterfeit 5-Hour Energy Plot

    A wholesale distribution company owner who pled guilty to running a scheme to sell counterfeit 5-Hour Energy drinks should serve nine years in prison and pay more than half a million dollars in restitution to the drink’s maker, Innovation Ventures LLC, California federal prosecutors said Wednesday.

  • April 19, 2017

    Prince Estate Sues Over Planned Release Of ‘Deliverance’ EP

    Prince’s estate is suing to block the release of a six-track EP, including unreleased recordings, on the anniversary of the artist’s death, saying the sound engineer behind the “Deliverance” EP has unlawfully held onto the recordings and doesn’t have authorization to release them, according to a suit removed to Minnesota federal court Tuesday.

  • April 19, 2017

    FilmOn Tells Calif. Court Ad Co. Can't Label It IP Infringer

    Internet streaming service FilmOn urged a California appeals court Wednesday to revive its suit alleging online advertising data provider DoubleVerify scared away FilmOn advertisers by falsely labeling the site a copyright infringer, arguing DoubleVerify's confidential business reports for “an audience of one” aren't protected free speech.

  • April 19, 2017

    Tesla, Ex-Driverless Program Chief Settle Trade Secrets Row

    Tesla Motors Inc. and Aurora Innovation, the new driverless car startup from a former Tesla Autopilot program director, on Wednesday announced a settlement ending a breach of contract lawsuit Tesla filed in California state court over alleged trade secret theft and poached employees.

  • April 19, 2017

    Casino Cabinet IP Suit Not Covered In Policy, Insurer Says

    Acuity Insurance Co. on Wednesday asked a Michigan federal court to rule it does not have to indemnify a manufacturer of casino game cabinets in a competitor's patent infringement lawsuit, arguing the underlying suit didn't include a potentially covered claim for trade dress infringement in the insured's advertising.

  • April 19, 2017

    Qualcomm’s 2nd Delay Bid In FTC Row 'Disappoints' Judge

    A California federal judge told Qualcomm Inc. attorneys Wednesday she’s “disappointed” that they asked her again to delay discovery in the Federal Trade Commission’s antitrust suit over patent licensing practices, three days after she denied their initial request, saying during a hearing she “hope[s] that’s not an indication of how [they] intend to litigate this case.”

  • April 19, 2017

    Avaya Argues For Continued Stay Of BlackBerry's Patent Suit

    Bankrupt telecom giant Avaya Inc. told a New York bankruptcy judge on Tuesday that BlackBerry Corp.'s bid to lift the debtor's Chapter 11 litigation shield for allegedly continuing to sell infringing products is without good cause and, if granted, could thwart the company's restructuring.

  • April 19, 2017

    Diabetes Test Maker Eavesdropped In Abbott Suit, Attys Say

    An executive for a company accused by Abbott Laboratories of selling “gray market” diabetes test strips listened in on other defendants' confidential depositions with the help of Kerr Russell counsel, attorneys alleged in New York federal court Wednesday, saying the depositions touched on trade secrets and other sensitive information.

  • April 19, 2017

    PTAB Rejects Follow-On Challenge To Fingerprint Patent

    The Patent Trial and Appeal Board on Tuesday rejected a petition from Synaptics Inc. that sought review of a patent related to fingerprint sensors, saying it was convinced that Synaptics had used earlier board decisions as a road map for the challenge.

  • April 19, 2017

    WiLAN To Move Away From Patent Licensing In Shakeup

    Major patent-licensing company WiLAN Inc. has announced that it will shift its focus away from monetizing patents and toward acquiring internet of things businesses, saying "significant changes" in the patent environment mean that it cannot meet its financial goals through licensing alone.

  • April 19, 2017

    McCartney Says Sony Seeks Leverage With Threat Of Suit

    An attorney for Paul McCartney on Wednesday told a Manhattan federal judge that a Sony Corp. unit is holding the prospect of a breach of contract suit in the U.K. as leverage over the Beatles musician, who is seeking court protection if he claws back copyrights Sony’s predecessors acquired 50 years ago.

  • April 19, 2017

    Invisalign Patents To Get Yet Another Look At USPTO

    The U.S. Patent and Trademark Office will reopen a probe into the validity of two patents held by the parent company of the popular braces alternative Invisalign following a Patent Trial and Appeal Board ruling nixing another Invisalign patent, according to recent filings.

  • April 19, 2017

    2nd Circ. Judge Rips NY Court's 'Crystal Clear Mistake'

    A Second Circuit judge hearing the appeal of a $3.5 million summary judgment in favor of New York University in a breach of contract dispute between the school and drugmaker Galderma Laboratories Inc. told the parties Wednesday that U.S. District Judge Alvin K. Hellerstein made a “crystal clear mistake” of New York law in deciding the case.

  • April 19, 2017

    Fed. Circ. Backs Alice Win For VW, More On Display Patents

    The Federal Circuit on Wednesday upheld a victory for Volkswagen, Nissan and other major automakers, ruling that dozens of claims of seven computer display patents that patent licensing company West View Research LLC accused them of infringing are invalid as abstract.

  • April 19, 2017

    CVS Health Urges Toss Of TM Dilution Claim In Logo Fight

    CVS Health Corp. on Tuesday urged a federal judge to toss part of a suit alleging its heart-shaped logo dilutes the trademark held by a health app maker, arguing against a Ninth Circuit ruling that would support keeping the claim alive.

  • April 19, 2017

    6th Circ. Says Horse Race Game Doesn't Infringe IP

    The Sixth Circuit on Wednesday affirmed a ruling in favor of horse racing venue Kentucky Downs and gambling technology company Exacta Systems LLC in a lawsuit by a group of racetrack owners, saying the use of their track names in a video-based gambling system does not constitute trademark infringement.

  • April 19, 2017

    Sonos Gets Judge To Kill 2 Of Rival's Patents Under Alice

    Sonos Inc. has trimmed some claims from its patent fight with rival audio equipment maker D&M Holdings Inc., as a Delaware federal judge ruled Tuesday that two D&M patents were invalid under the U.S. Supreme Court’s Alice standard.

  • April 19, 2017

    Crocs Rival’s Antitrust Row Gets Booted From IP Fight

    A Colorado federal judge has nixed antitrust claims in footwear maker U.S.A. Dawgs Inc.’s suit alleging that rival Crocs Inc. fraudulently obtained patents and filed sham lawsuits to dominate the market for molded clogs, but he has kept alive allegations that Crocs’ ads are misleading.

  • April 19, 2017

    PTAB Denies Review Of Uniloc Computer Network Patent

    The Patent Trial and Appeal Board said Tuesday it would not institute inter partes review of a computer network patent that Uniloc USA Inc. has accused numerous companies of infringing, rejecting a challenge from defensive patent group Unified Patents Inc.

Expert Analysis

  • The State Of The IP Boutique: Part 2

    Jorge A. Goldstein

    Success for intellectual property boutiques is no longer based on expertise only in patent preparation and prosecution or only in litigation. Today, success lies in the careful balancing of four external factors and four internal factors, say Jorge Goldstein and Michael Ray of Sterne Kessler Goldstein and Fox PLLC.

  • Takeaways From Trump’s Recent TM Victories In China

    Amy Hsiao

    Shortly after Donald Trump became president and decided not to challenge China’s policy in Taiwan, more than 30 of his trademark applications in China were all immediately approved. Is the timing simply a coincidence? Either way, the approvals are a clear indication that U.S. brands are enjoying greater protections in China, says Amy Hsiao of The Sladkus Law Group.

  • The State Of The IP Boutique: Part 1

    Jorge A. Goldstein

    Many intellectual property boutiques continue disappearing, either by closing shop altogether or by merging with general firms. Those of us still standing, bewildered and saddened by the loss of our venerable competitors, must continuously ask: How can we avoid being next? And, more importantly, can we thrive in this highly competitive environment? say Jorge Goldstein and Michael Ray of Sterne Kessler Goldstein and Fox PLLC.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • If TC Heartland Is Reversed, When To Get Out Of East Texas

    Jenny L. Colgate

    If the upcoming TC Heartland decision gives “reside” a new meaning, venue that had seemed proper when a patent case started may not be proper under the U.S. Supreme Court's new approach. It is not too early for litigants to start thinking about when, and whether, they can challenge venue in cases that are already underway, say Jenny Colgate and Nechama Potasnick of Rothwell Figg Ernst & Manbeck PC.

  • A Sign Of Targeted Patent Reform In Congress?

    Lionel M. Lavenue

    Three months into the 115th congressional term, no patent bill has been proposed yet. However, the Lawsuit Abuse Reduction Act, passed by the House in early March and not specifically targeted at patents, hints at what might come next, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Boehringer Ruling Limits Treatment Method Patent Eligibility

    Stephen Stout

    Although the New Jersey federal court's recent decision in Boehringer Ingelheim v. HEC has not garnered much attention, it shows that courts may be willing to invalidate method of treatment claims — on Section 101 grounds — even where those claims involve administering non-naturally occurring medicines, say Stephen Stout and Trey Hebert of Vinson & Elkins LLP.

  • Inside AIA Section 102's 'On-Sale' Bar

    Sharon Adams

    The America Invents Act changed the statutory language regarding when a prior disclosure may bar an inventor from receiving a patent. Section 102(a) is clear and appears to provide a bright-line test for determining when a disclosure precludes an applicant from receiving a patent. Section 102(b), however, sets forth exceptions that blow a cloud of smoke over that clarity, says patent attorney Sharon Adams.

  • 'Frontier' Issues: Pay-For-Delay And Patent Holdup

    Lesli C. Esposito

    Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.

  • The Issues Justices Are Focusing On In TC Heartland

    S. Gregory Herrman

    In a surprise to those expecting a unanimous reversal in TC Heartland, the U.S. Supreme Court justices asked tough questions to both sides on Monday, some even seeming to lean at least slightly toward affirming the Federal Circuit’s broad interpretation of patent venue. Only Chief Justice John Roberts appeared to be leaning significantly in favor of a reversal, says Gregory Herrman of Blank Rome LLP.