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Intellectual Property

  • June 12, 2018

    Iancu Decries ‘Tortured Exercise’ Of Patent Eligibility Analysis

    U.S. Patent and Trademark Office Director Andrei Iancu said in a speech Monday at a conference in San Francisco that recent case law on patent eligibility has made it “extremely difficult” for anyone to tell what can and cannot be patented, and that “it is incumbent upon all of us to find a clearer path.”

  • June 12, 2018

    Beats' Designer Says Royalty Deal Only Covered 1st Model

    The industrial designer who drew the headphone designs at the heart of the $107 million royalty dispute between a businessman and Beats Electronics founders Jimmy Iovine and Dr. Dre told a California jury on Tuesday that the group's royalty agreement was only meant to cover Beats’ first headphone model.

  • June 12, 2018

    Cellspin Denies Shaking Down Nike, Others With IP Suits

    Cellspin Soft Inc. urged a California federal judge Tuesday to reject bids for attorneys’ fees by GoPro, Nike, Fitbit and other companies that beat Cellspin’s lawsuits alleging their fitness trackers and GPS devices infringe its data-uploading patents, arguing it litigated the cases reasonably and saying “there’s no evidence this was a shakedown.”

  • June 12, 2018

    USAA Sues Wells Fargo Over Mobile Check Deposit Patents

    The United Services Automobile Association has sued Wells Fargo over the banking giant's use of technology allowing customers to deposit checks into their accounts with a photograph, telling a Texas federal court that four patents covering the technology are being infringed.

  • June 12, 2018

    Litigation Support Co. In Hot Water As Belkin IP Trial Starts

    Opening statements kicked off Tuesday in a California federal trial over Kenu Inc.’s claims Belkin infringed a patent for in-car phone holders, but before the proceedings even began, news that Belkin’s litigation support company forged a court officer’s signature prompted the presiding judge to call for criminal fraud charges against the vendor.

  • June 12, 2018

    States, Schools Line Up Against PTAB's Immunity Waiver

    States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation. 

  • June 12, 2018

    Cisco Loses Bid For Immediate Appeal On Antitrust Immunity

    A California federal judge has refused to send the question of whether Cisco should be shielded from Arista's antitrust suit over Ethernet switches to the Ninth Circuit, saying the ruling denying the technology company's bid for Noerr-Pennington immunity didn't merit an immediate appeal.

  • June 12, 2018

    PTAB Nixes Microsoft Challenge To Philips IP As Repetitive

    The Patent Trial and Appeal Board has declined to review two Philips patents covering content authentication technology, finding the prior art Microsoft relied on in its challenge had already been considered by a patent examiner during prosecution of the patents.

  • June 12, 2018

    Electrolux Urges ITC To Investigate Water Filter Imports

    Electrolux Home Products Inc. has hit several companies from the U.S. and China with a complaint at the U.S. International Trade Commission, accusing the companies of making and importing "knockoff" water filters that infringe its supplier's filtration patents.

  • June 12, 2018

    Attys Want $47M From $166M Lidoderm Pay-For-Delay Deal

    Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.

  • June 12, 2018

    'Pyrat' Rum Can't Block 'Pirate Piss' Craft Beer Trademark

    Patron Spirits International AG, the distiller behind “Pyrat” rum, has lost a bid to block a Pennsylvania craft brewer from registering its “Pirate Piss” beer brand as a trademark.

  • June 12, 2018

    Louboutin Wins EU Battle Over Red-Sole Trademark

    The European Union’s top appeals court ruled Tuesday that French designer Christian Louboutin SA’s famous red-soled high heels can be protected by trademark law.

  • June 11, 2018

    Sirius, SoundExchange Strike $150M Deal In Royalties Fight

    Sirius XM Radio Inc. agreed to pay music royalty collector SoundExchange Inc. $150 million for both companies to walk away from litigation over whether the satellite radio purveyor shorted the licensor on royalties for recordings from 2007 to the end of last year, SoundExchange said Monday.

  • June 11, 2018

    PTAB Invalidates Most Of Pfizer Pneumonia Vaccine Patent

    Following a challenge from Merck Sharp & Dohme Corp., the Patent Trial and Appeal Board said Friday that all but one claim in a patent related to Pfizer Inc.’s top-selling Prevnar 13 pneumonia vaccine were unpatentable as obvious under prior patents.

  • June 11, 2018

    Woeful Judge Won’t Free Attys From Kenyon Malpractice Suit

    A New York federal judge rejected a bid by two former Kenyon & Kenyon LLP lawyers to defeat claims that they bungled patent paperwork but called for “discretion and decency” at a Monday hearing and urged the parties to strike a deal that would let the individuals off the hook.

  • June 11, 2018

    Fed. Circ. Denies Atty Fees In Kidney Device Patent Case

    The Federal Circuit on Monday rejected Cook Medical's bid for attorneys' fees from a company that dismissed a patent suit against it over a kidney stone extraction device, in part because Cook did not say until after the litigation ended that it thought the case was unreasonable.

  • June 11, 2018

    Justices Won't Hear Cleveland Clinic Patent Eligibility Case

    The U.S. Supreme Court said Monday it would not hear a case the Cleveland Clinic Foundation filed over patents for cardiovascular disease tests, leaving in place a ruling that found the patents were invalid because they only claim laws of nature.

  • June 11, 2018

    Aggrenox MDL Nears End As Drug Cos. Reach Final Deal

    Teva Pharmaceutical and Boehringer Ingelheim on Monday announced a settlement with the last remaining party accusing them of entering into an illegal pay-for-delay agreement to keep a generic version of the stroke prevention medicine Aggrenox off the market, paving the way for the multidistrict litigation in Connecticut federal court to close out.

  • June 11, 2018

    Oakley Accused Of Stealing Graffiti Artists' Murals For Ads

    Two Oakland-based graffiti artists hit Oakley Inc. with a copyright infringement lawsuit in California federal court Friday, accusing the sunglasses retailer of ripping off their murals for an advertising campaign.

  • June 11, 2018

    Ex-Farney IP Attys Join Dickinson Wright In Calif., Texas

    A partner and a shareholder at Farney PC have left to join Dickinson Wright PLLC, their new firm announced Thursday, bolstering Dickinson Wright’s intellectual property teams in Silicon Valley and Austin, Texas.

Expert Analysis

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • How Supplemental Brief Can Help Ex Parte Appeals At PTAB


    For a patent applicant, a supplemental appeal brief can be a handy tool to support your appeal when the law is changing in your favor. We recently saw this firsthand with Yahoo, says John Rauch of Brinks Gilson & Lione.

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • Searching For Strategies In The USPTO Berkheimer Memo

    Christopher Hall

    Now that the first articles on the U.S. Patent and Trademark Office's post-Berkheimer eligibility guidance have been digested, it is time to take a deeper look and derive or strengthen arguments for patentable subject matter eligibility during patent prosecution, says Christopher Hall of Womble Bond Dickinson LLP.

  • 1 Year Of TC Heartland, 7 Lessons About Patent Venue

    Manuel Velez

    A year ago, the U.S. Supreme Court upended long-standing practice when it held that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute. The TC Heartland decision created many questions that courts have been grappling with ever since, says Manuel Velez of Mayer Brown LLP.

  • Opinion

    ITC Should Reconsider Realtek R&D Standard

    Rett Snotherly

    The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.