Intellectual Property

  • September 13, 2017

    Olivia De Havilland, 101, Gets Suit Against FX Fast-Tracked

    A California judge granted “Gone with the Wind” actress Olivia de Havilland, 101, an early trial in her right of publicity suit against FX Networks LLC over the use of her name and identity in the series “Feud: Bette and Joan,” saying her advanced age necessitated the “fast track.”

  • September 13, 2017

    No Challenge Of Cement Patent Before US Litigation: Fed Circ.

    The Federal Circuit on Wednesday upheld a district court ruling that an Ohio company cannot seek preemptive invalidation of a cement patent since the patent owner has made no moves to protect it, despite litigation in Mexico involving the allegedly infringing product.

  • September 13, 2017

    Fed. Circ. Refuses To Send Uber-Waymo Feud To Arbitration

    A case in which Alphabet Inc.’s self-driving car unit Waymo LLC accuses Uber Technologies Inc. of stealing its trade secrets will proceed to trial in California federal court next month after the Federal Circuit on Wednesday shut down Uber’s request to send the case to private arbitration.

  • September 13, 2017

    Fed. Circ. Halves Intellectual Ventures' Motorola IP Wins

    The Federal Circuit on Wednesday partially upheld an Intellectual Ventures’ multi-trial victory against Motorola, affirming the validity of two of the nonpracticing entity’s patents, but finding there was insufficient evidence that the smartphone company directly infringed one of the patents.

  • September 13, 2017

    Justices Urged To Strike Fed. Circ. Limits On CBM Reviews

    Google Inc. and a group of banks have asked the U.S. Supreme Court to overturn Federal Circuit decisions limiting the scope of America Invents Act covered business method patent reviews, saying the rulings undermine the program and leave it “toothless.”

  • September 13, 2017

    Fed Circ. Says Waymo Can See Uber Counsel's Secret Report

    The Federal Circuit on Wednesday ruled Alphabet Inc.’s self-driving car unit Waymo LLC can see Stroz Friedberg LLC’s confidential Uber report in Waymo’s trade secret suit against the ride-hailing giant, rejecting an Uber executive’s arguments that disclosures in the report are protected and could incriminate him.

  • September 13, 2017

    Hundreds Of Musicians Object To $43M Spotify Copyright Deal

    Tom Petty, Dan Auerbach and Gillian Welch were among more than 500 musicians and song copyright owners who objected to a $43 million proposed class settlement in a copyright suit against Spotify in New York federal court Tuesday, calling the proposed deal “grossly insufficient.”

  • September 13, 2017

    Perry Ellis Says Thom Browne Stole Its Penguins

    Perry Ellis' parent company hit competitor Thom Browne Inc. with a trademark infringement lawsuit Tuesday in Illinois federal court, saying penguins featured on recent Thom Browne products too closely resemble the logo of its own Penguin clothing line.

  • September 13, 2017

    Apple, Samsung Smartphone Battle Divides Patent World

    As Apple and Samsung head toward yet another trial in the smartphone patent wars, intellectual property experts are split over the $400 million question at the center of the case — how to calculate damages when only part of a product infringes — as was evident at a panel discussion Wednesday.

  • September 13, 2017

    'Gray Market' Duracell Importer Can't Proceed Anonymously

    An importer and distributor of so-called gray market Duracell batteries revealed itself Wednesday in an amended challenge to a U.S. Customs and Border Protection decision to restrict the products’ U.S. entry one day after a U.S. Court of International Trade judge pulled the plug on the company’s bid to proceed anonymously.

  • September 13, 2017

    Architect Slaps Five Guys With Copyright Suit Over Designs

    Architectural firm Soos & Associates Inc. hit Five Guys with a lawsuit Tuesday in Illinois federal court, alleging the fast food chain has violated its copyright by switching to different architects for new store designs while using Soos’ original plans without its approval.

  • September 13, 2017

    Judge Urged To Nix Sanctions Bid In Video Game Patent Row

    White Knuckle IP LLC asked a Utah judge on Monday to shoot down a sanctions motion by Electronic Arts Inc., arguing it brought its patent suit against the video game giant with a good-faith belief it had a valid claim.

  • September 13, 2017

    'Uptown Funk' Stole Sound From '80s Funk Hit, Suit Says

    A family-owned music publishing house on Tuesday sued music producer Mark Ronson and a group of songwriters and music distributors, including Sony Entertainment, Spotify and Apple, claiming in New York federal court that the songwriters ripped off the 1980 funk hit "More Bounce to the Ounce” to create Bruno Mars’ hit single "Uptown Funk.”

  • September 13, 2017

    Securus, Rival Want Two Prison Phone Patents Cut From Suit

    Securus Technologies and Global Tel*Link jointly asked a Texas federal judge Tuesday to dismiss all claims regarding two patents in an ongoing dispute over their use in prison phone systems, leaving the claims of five other patents to be resolved.

  • September 13, 2017

    Life After 5: Issues Facing The PTAB

    It’s been five years since America Invents Act reviews at the Patent Trial and Appeal Board became available, creating new ways to challenge the validity of patents. In Part 1 of this series, Law360 looked at five things we’ve learned about the board since then. Here, experts weigh in on some issues to watch moving forward.

  • September 13, 2017

    AbbVie's Humira Patents Are Noninventive, Boehringer Says

    Drugmaker Boehringer Ingelheim International GmbH on Monday shot back at competitor AbbVie Inc.’s suit in Delaware federal court alleging that its proposed biosimilar of the blockbuster immunosuppressant Humira runs afoul of 74 patents, arguing that the company has created a “patent thicket” of noninventive patents to prevent competition.

  • September 12, 2017

    Google Gets Royalty Rate Pick After $20M Patent Trial Loss

    A Texas federal judge on Tuesday picked Google’s suggested ongoing royalty for using patented malware-protection technology after a jury awarded the inventor $20 million, rejecting the inventor’s bid for a royalty several times higher than the rate implied by the jury verdict.

  • September 12, 2017

    Cisco Slams Bid To Halt Import Ban After PTAB Axed Patent

    Cisco Systems has urged the Federal Circuit to deny Arista Networks’ bid to pause a U.S. International Trade Commission decision to retain an import ban against products found to have infringed two Cisco patents that were later invalidated, calling it an unprecedented request for relief.

  • September 12, 2017

    Chance The Rapper Stole Jazz Sample, Suit Says

    A jazz musician accused Chance the Rapper of ripping off a large portion of one of his songs for a sample that was used on one of Chance's tracks in a suit filed Tuesday in Illinois federal court.

  • September 12, 2017

    Fed. Circ. Upholds PTAB Ax Of Eyeglasses Holder Patent

    The Federal Circuit ruled Tuesday that the Patent Trial and Appeal Board correctly invalidated a patent covering a device for keeping eyeglasses around a person’s neck, ruling that it was obvious in view other patents and a 1991 newspaper article.

Expert Analysis

  • Panel-Dependent Fed. Circ. Decisions For 101 Challenges?

    Yar Chaikovsky

    Last week, a divided panel at the Federal Circuit applied an analytical framework in Visual Memory v. Nvidia that appears to be inconsistent with the framework applied in a number of previous Federal Circuit decisions on Section 101 motions at the Rule 12(b)(6) stage, say attorneys with Paul Hastings LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Fed. Circ. Resurrects Hindsight Bias In Post-KSR World

    Don Mizerk

    In Millennium Pharmaceuticals v. Sandoz, the Federal Circuit recently reversed a district court’s holdings of obviousness and inherency regarding a pharmaceutical compound, using hindsight arguments explicitly rejected by the U.S. Supreme Court in its 2007 KSR decision, say Don Mizerk and Rachael Casey of Husch Blackwell LLP.

  • District Of Delaware's Bench In The Wake Of TC Heartland

    Karen Keller

    As TC Heartland drives more patent cases to Delaware, the federal court has two vacant judgeships, out of only four, and the number of patent cases per judge is one of the largest in the country — a caseload expected to grow even larger. With no judicial nominees on the horizon, no relief is in sight, say Karen Keller and David Fry of Shaw Keller LLP.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.

  • Helsinn Redo Request Is Important Opportunity For Fed. Circ.

    Robert Esmond

    In Helsinn v. Teva, the Federal Circuit declined to interpret the meaning of "otherwise available to the public" in the America Invents Act. Helsinn's recent petition for en banc review presents another chance for the court to provide much-needed guidance on the phrase, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • FTC V. Qualcomm: The Balance Between Patents And Antitrust

    Derek Dahlgren

    Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Changes In Obviousness Law Likely

    Francis C. Lynch

    The solicitor general is likely to recommend acceptance of Samsung’s position that the Federal Circuit ignored relevant U.S. Supreme Court precedent governing combination patents when it upheld the validity of two Apple smartphone patents. If the court follows such a recommendation, significant changes in obviousness law would occur, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.