Intellectual Property

  • February 13, 2017

    Harness Dickey Hires Former ExxonMobil Patent Pro

    Intellectual property firm Harness Dickey on Friday said it hired a former ExxonMobil in-house attorney with experience handling patents for a research and engineering unit to join its Dallas metropolitan office.

  • February 13, 2017

    PTAB Agrees To Review Riddell Football Helmet Patent

    The Patent Trial and Appeal Board agreed Friday to review one of the Riddell Inc. football helmet patents the company is suing rival Schutt Sports for infringing, finding that some of the claims may have been obvious when prior patents are considered together.

  • February 13, 2017

    Clothier Awarded $5.6M In New York & Co. Trademark Row

    U.S. District Judge Jed Rakoff on Friday ratified an advisory jury's ruling against retailer New York & Co., agreeing it willfully infringed on the trademark “velocity” in connection with workout wear and awarding $5.6 million to a rival clothier.

  • February 13, 2017

    BlackBerry Seeks To Lift Avaya's Ch. 11 Stay On Patent Suit

    BlackBerry Corp. on Friday asked a New York bankruptcy court to lift the stay on its patent suit against Avaya Inc., claiming that the company is continuing to sell the allegedly infringing products.

  • February 13, 2017

    What You Should Know Before Requesting A PTAB Rehearing

    It's no secret the Patent Trial and Appeal Board has been reluctant to grant rehearings during America Invents Act review proceedings, but despite the long adds there are times attorneys say it might still make sense to ask the board to rethink an earlier decision. Here are some things to consider when asking for a rehearing.

  • February 13, 2017

    Amazon Seeks Arbitration In Broadcom Tablet, Tech IP Suit

    Amazon Inc. asked a California federal judge on Friday to order arbitration over four patent infringement claims from Avago Technologies and Broadcom Corp., saying the latter party signed a customer agreement that includes an arbitration clause while the plaintiffs say they're free to bring the claims.

  • February 13, 2017

    Bankrupt Wet Seal Seeks To Auction Off Name, Other IP

    Struggling clothing retailer The Wet Seal LLC asked the Delaware bankruptcy court Friday for the OK to auction off its intellectual property, including its name and assets connected to its website, as the company holds going-out-of-business sales at all of its roughly 140 stores.

  • February 13, 2017

    Zillow Hit With $8.3M Verdict For Image Infringement

    A Washington federal jury has awarded a real estate photography company more than $8.3 million for its claim that real estate website Zillow used thousands of its photos without permission.

  • February 13, 2017

    Samsung Settles Fight Over Media Delivery Patents

    Texas-based Personalized Media Communications LLC said Monday it reached a licensing agreement with Samsung Corp. that will resolve district court litigation and related Patent Trial and Appeal Board proceedings over several of its media delivery patents.

  • February 13, 2017

    Buyers Want Patent Suit Docs In Asacol Antitrust Suit

    Wholesalers accusing Warner Chilcott of trying to thwart competition for its ulcerative colitis medications asked a Massachusetts federal court on Friday to force the drugmaker to hand over documents from two patent suits involving Delzicol, saying the information is key to their antitrust claims.

  • February 13, 2017

    Wellbutrin Buyers Tell 3rd Circ. Actos Ruling Bolsters Case

    Purchasers of Wellbutrin have told the Third Circuit that their pay-for-delay case against GlaxoSmithKline PLC is supported by a recent Second Circuit ruling that said buyers did not have to rule out possible alternatives when asserting that they paid higher prices because of delayed generic competition for a drug.

  • February 13, 2017

    DC Circ. Affirms Distribution Of Cable TV Royalties

    The Copyright Royalty Board did not make a clear error when it chose a method for distributing cable TV royalties that was based on viewership, the D.C. Circuit held on Friday.

  • February 13, 2017

    College Ban On Pot Group TM Use Unconstitutional: 8th Circ.

    The Eighth Circuit ruled Monday that administrators at Iowa State University violated the First Amendment when they refused to let a marijuana-advocacy student group use the school’s trademarks.

  • February 13, 2017

    McDonald Hopkins Fights DQ Bid In Trade Secrets Suit

    McDonald Hopkins LLC urged a Florida federal judge Friday to toss a natural food store’s bid to disqualify the firm from a trade secrets suit over wellness products, arguing that the store can’t prove that the firm represented it in a previous case or used confidential information against it.

  • February 13, 2017

    Litigation Funder Fights Niro's Damages Claim In Loan Suit

    A U.K. litigation funder suing patent litigator Niro Law Ltd. over its alleged refusal to hand over a cut of its attorneys’ fees to repay millions of dollars in loans urged an Illinois federal judge on Friday to throw out Niro's breach of contract counterclaim, saying the law firm does not claim it suffered actual harm.

  • February 13, 2017

    Goldberg Kohn Adds IP Pro As Practice Head In Chicago

    Goldberg Kohn Ltd. added an intellectual property attorney previously with Marshall Gerstein & Borun LLP as a principal and as head of its intellectual property practice group, the firm has announced.

  • February 13, 2017

    BigLaw Alums Q&A: Munsch Hardt's David Lawrence

    The matters I work on may be smaller individually than they were in BigLaw, but the number and variety of matters is much greater. I have found that a smaller firm allows me greater flexibility to accept clients and matters that BigLaw often overlooks, says David Lawrence, shareholder at Munsch Hardt Kopf & Harr.

  • February 10, 2017

    Court Puffs Up Faegre's Interest Payment To Popcorn Expert

    A New York appeals court Friday doubled the amount of interest Faegre Baker Daniels LLP must pay on an award to a consultant the firm used to review a popcorn product patent, saying the trial court had misinterpreted the monthly rate.

  • February 10, 2017

    Google Hit With $20M Jury Verdict Over Malware Patents

    A Texas federal jury awarded an inventor and the family of his late partner $20 million in damages Friday, after finding Google had infringed on three of their patents for malware protection software.

  • February 10, 2017

    Par Can't Shake Antitrust Suit Over Vasopressin Access

    A New Jersey federal court on Friday refused to throw out Fresenius’ antitrust suit accusing Par Pharmaceutical Cos. of abusing its monopoly on an antidiuretic drug by raising prices and blocking others from entering the market, finding that Fresenius had adequately supported its claims.

Expert Analysis

  • A New Meaning For FRAND In Korea's Qualcomm Sanctions

    Michael T. Renaud

    The Korean Fair Trade Commission's antitrust fines against Qualcomm last month provide insight into how Korea views a fair, reasonable and nondiscriminatory encumbrance, showing that Korea's perspective is rooted in policy, not contract, say attorneys with Mintz Levin Cohn Ferris Glovsky & Popeo PC.

  • A Return To Republican Antitrust Policies For Pharma

    Seth Silber

    We expect the change in pharmaceutical antitrust enforcement from the Obama administration to the Trump administration will most likely resemble that of the Bush administration vis-a-vis the Clinton administration — a continued focus on enforcing antitrust laws, but a decrease in volume in exchange for enhanced attention on specific regulatory objectives, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • How Michael Jordan Won TM Case In China Without TM Rights

    Amy Hsiao

    A ruling last month by China's highest court may be only a partial victory for Michael Jordan and Nike, but it is a great step forward for China’s trademark system. Eight messages from the decision are comforting and reassuring, say Amy Hsiao of Finnegan Henderson Farabow Garrett & Dunner LLP and Christopher Shen of NTD Patent & Trademark Agency Ltd.

  • 10 Antitrust Trends And Developments To Watch This Year

    Howard Morse

    President Donald Trump’s competition policies are sure to top the headlines in 2017. We can expect renewed focus on the SMARTER Act, continued attention to the pharmaceutical industry, and hurdles for foreign investment in the U.S., say attorneys with Cooley LLP.

  • Inside High Court Argument On Offensive Trademarks

    Ann Dunn Wessberg

    Last week, the U.S. Supreme Court heard oral argument in Lee v. Tam to decide whether the Trademark Act’s prohibition on registering “disparaging” marks violates the First Amendment. The court heaped a good deal of skepticism toward both sides, perhaps a little more against the government, says Ann Dunn Wessberg, chairwoman of Fredrikson & Byron PA's trademark group and former chief trademark counsel for Target.

  • Why Can’t A Method Be Sold, Just Like Any Other Invention?

    Steven Pollinger

    The Federal Circuit has held for purposes of infringement that method inventions are not considered made or sold even if they are necessarily used by or embodied in products that are made or sold. This position is incorrect and unnecessarily hampers protection and enforcement of method inventions, disproportionately affecting software, say Steven Pollinger and Craig Tolliver of McKool Smith PC.

  • Competition In Music Licensing — DOJ Has More To Do

    Thomas M. Lenard

    The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Lessons From The Largest Patent Damages Award In History

    Barry J. Herman

    Last month in Delaware federal court, the jury in Idenix v. Gilead awarded Idenix $2.54 billion, the largest patent damages award in history. A review of the trial transcripts and documents provides valuable insight that can be applied to patent damages cases of all shapes and sizes, says Barry Herman of Womble Carlyle Sandridge & Rice LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.