Intellectual Property

  • June 19, 2017

    PTAB Wrongly Nixed Imaging Patent Claims, Imperium Says

    The Patent Trial and Appeal Board wrongly invalidated claims in two patents covering digital camera imaging technology when it introduced its own reasoning as to why the claims challenged by Samsung were obvious and anticipated, Imperium IP Holdings told the Federal Circuit on Thursday.

  • June 19, 2017

    Pharma Cos. Tell Fed. Circ. To Reverse Durezol Decision

    Japanese pharmaceutical companies Senju Pharmaceutical Co. Ltd and Mitsubishi Chemical Corp. urged the Federal Circuit on Friday to reverse the Patent Trial and Appeal Board’s decision that several claims in their patent related to Durezol eye drops were invalid since they were made obvious by a prior patent and an international publication.

  • June 19, 2017

    NBC Urges 9th Circ. To Back Toss Of Skater's $10M Suit

    NBC Universal urged the Ninth Circuit on Friday to affirm a decision to toss former Olympic figure skater Oksana Baiul’s claims that NBC owes her $10 million in royalty payments from the 1994 television special “Nutcracker on Ice,” arguing that the California suit was barred by a nearly identical suit in New York.

  • June 19, 2017

    In Slants Ruling, Justices Capped Off 70 Years Of History

    The U.S. Supreme Court’s decision Monday — that the federal ban on offensive trademarks violates the First Amendment — was more than 70 years in the making.

  • June 16, 2017

    AIG Unit Doesn't Owe $5M For Investor Deal, 9th Circ. Told

    An AIG affiliate told the Ninth Circuit on Friday that a lower court wrongly ordered it to cover $5 million of a settlement over a software company’s alleged stock inflation amid a patent infringement suit, saying it wasn’t on the hook as a secondary insurer because the primary insurer knew of the litigation risks before it signed on.

  • June 16, 2017

    What To Do Until Justices Resolve AIA Constitutionality

    The U.S. Supreme Court's decision to weigh the constitutionality of America Invents Act inter partes reviews is giving some looking to challenge patents reason to pause. Here, experts share what steps patent owners can take in case the justices do upend the popular review program.

  • June 16, 2017

    Lynyrd Skynyrd Sues Ex-Member Pyle Over New Biopic

    Surviving members and legal representatives of rock band Lynyrd Skynyrd filed suit in Manhattan federal court Friday against ex-band drummer Artimus Pyle and Cleopatra Films over an in-production biopic about a plane crash that killed some original band members, saying it violates a 1988 agreement.

  • June 16, 2017

    Brand Battles: Nintendo, Conagra, Volkswagen

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nintendo fights a megachurch over "Switch," Conagra asks the board for consistency over "Choice Cuts" frozen meals, and Volkswagen asserts its trademark rights in the shape of its iconic van.

  • June 16, 2017

    Fed. Circ. Backs Geox PTAB Win, Clarifies Obviousness Rules

    The Federal Circuit on Friday affirmed a Patent Trial and Appeal Board decision invalidating a Columbia Sportswear Co. unit’s patent on waterproofing leather at the urging of Italian clothing maker Geox SpA, in the process explaining what the board must find to hold a patent obvious.

  • June 16, 2017

    Texas High Court To Weigh Discovery Of Patent Agent Emails

    The Texas Supreme Court on Friday granted review in a case that asks whether the state extends attorney-client privilege to registered patent agents who communicate with clients in the context of patent prosecutions.

  • June 16, 2017

    Fed. Circ. Nixes 3 Cleveland Clinic Test Patents Under Mayo

    The Federal Circuit on Friday upheld a lower court’s decision invalidating three Cleveland Clinic patents on cardiovascular disease tests, ruling that they claim only patent-ineligible laws of nature in a decision that clears accused infringer True Health Diagnostics LLC.

  • June 16, 2017

    IP Hires: Latham, Winston & Strawn, Bracewell

    In this week’s intellectual property partners on the move, Latham & Watkins hires two ex-Kirkland & Ellis pros with experience representing Deutsche Bank, Winston & Strawn bolsters its Silicon Valley office with three attorneys from Fish & Richardson, and Bracewell adds a patent expert who spent 13 years at Andrews Kurth. Here, we offer details on these partners who have landed new jobs.

  • June 16, 2017

    Humana Drops Pay-For-Delay Claims Against Boehringer

    Boehringer Ingelheim Pharma GmbH & Co. KG and Boehringer Ingelheim International GmbH & Co. on Friday reached an agreement with Humana Inc. in Connecticut federal court to dismiss Humana’s antitrust claims related to the pharmaceutical company’s alleged role in a scheme to block generic alternatives for its stroke-prevention drug Aggrenox.

  • June 16, 2017

    Ex-Patent Examiner Gets 7 Years For Stabbing DJ At USPTO

    A former patent examiner who stabbed a DJ leaving an after-hours event at the U.S. Patent and Trademark Office location in Alexandria, Virginia, will serve seven years in prison after previously pleading no contest to a malicious wounding charge.

  • June 16, 2017

    Conspirator In Fake 5-Hour Energy Scheme Gets 6 Months

    A conspirator who pled guilty in California federal court to being part of a scheme to peddle fake 5-Hour Energy drinks was sentenced Thursday to six months in prison and ordered to pay $555,801 in restitution to Living Essentials LLC, the drink’s maker.

  • June 16, 2017

    Full Fed. Circ. Won't Eye Axing Of Apple IP In Samsung Case

    The Federal Circuit on Friday denied Apple's bid for the court to rehear an April ruling in which it affirmed as invalid most of the claims of a touch-screen patent the technology giant asserted against rival Samsung.

  • June 16, 2017

    Forest Says Namenda Buyers Can't Use Its Own Consultant

    Forest Laboratories LLC on Thursday asked a New York federal court to disqualify Namenda buyers’ expert witness, as he consulted with the drug company for nearly 15 years, including on the patent litigation at the heart of this pay-for-delay proposed class action.

  • June 16, 2017

    5 Issues To Watch As Oculus Fights $500M ZeniMax Verdict

    Facebook-owned Oculus is set for a post-trial showdown in Texas federal court Tuesday against video game developer ZeniMax that's been months in the making, as the parties wrestle to come out ahead in the wake of a $500 million trial involving some of Silicon Valley's hottest technology. Here, Law360 highlights five of the contentious issues in the court's hands.

  • June 16, 2017

    Fed. Circ. Wrongly Nixed Abstract Design IP, Justices Told

    Synopsys has furthered its bid for U.S. Supreme Court review of a decision invalidating the technology company's microchip design patents on the grounds they claimed abstract ideas, saying the Federal Circuit took too narrow of a view in its analysis of the patents' claims.

  • June 16, 2017

    St. Paul Settles Coverage Suit Over Porn Site IP Battle

    St. Paul Fire and Marine Insurance Co. and Usenet service provider Giganews Inc. told the Fifth Circuit on Thursday they had settled a battle over coverage of defense costs from copyright litigation.

Expert Analysis

  • New Cases Test The Patent Venue Waters After TC Heartland

    Stephen Stout

    While the U.S. Supreme Court's TC Heartland decision has been widely hailed as ending the Eastern District of Texas’ run as the go-to patent venue for many plaintiffs, six new cases filed by Uniloc suggest that some businesses may continue to see cases filed against them there, says Stephen Stout of Vinson & Elkins LLP.

  • TC Heartland Opens The Door To New Antitrust Claims In Del.

    Adam Hudes

    The District of Delaware — where an increased number of patent cases are likely to be litigated following TC Heartland — has recent case law that may make it easier for defendants in patent infringement cases to bring antitrust counterclaims, including against nonpracticing entities, say Adam Hudes and Stephen Medlock of Mayer Brown LLP.

  • Startups Need To Address IP Earlier

    Robert Kramer

    One way local startups have remained competitive is by moving earlier in their growth cycle into co-working spaces, joining technology accelerators, and seeking crowd financing and government grants. This means that startups are confronting very real legal risks sooner than they might otherwise, says Robert Kramer of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • High Court Continues Expansion Of Patent Exhaustion

    Vincent Yip

    The U.S. Supreme Court's forceful, largely unanimous patent exhaustion ruling this week in Impression Products v. Lexmark is likely to clear up any clouds on the supply chain brought about by the Federal Circuit’s previous decisions, say Vincent Yip and Peter Wied of LTL Attorneys LLP.

  • Video Game Streaming Brings New Level Of Copyright Issues

    Marco Martemucci

    Atlus’ recent experience illustrates the delicate balance game developers must strike between protecting their product via copyright strikes against streamers and video creators, and alienating their customers, say Marco Martemucci and Aaron Swerdlow of Gerard Fox Law PC.

  • Key IP Considerations For The Computer Gaming Industry

    Mitchell Feller

    As the computer game industry continues to grow, recent court cases have illustrated that failing to address intellectual property issues can undermine years of marketing and cause other problems. Companies that pay little attention to their IP and those of others do so at their own peril, says Mitchell Feller of Gottlieb Rackman & Reisman PC.

  • 7 Things To Think About After TC Heartland

    Christopher Carraway

    The U.S. Supreme Court's TC Heartland decision last week reversed the 27-year-old rule that patent defendants could be sued wherever they were subject to personal jurisdiction. So now what? In this article, attorneys with Klarquist Sparkman LLP address what will happen to pending lawsuits, declaratory judgment cases, venue transfer, foreign defendants and several other practical issues.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Congress’ Mistake In AIA Puts Patent Priority Dates At Risk

    Andrew S. Baluch

    Policymakers, patent prosecutors and litigators must be aware of the huge risk Congress created when it failed to guarantee that patent applications filed by an assignee, rather than by an inventor, are entitled to the priority date of an earlier application under two Patent Act sections that still refer to applications being "filed by an inventor," says former White House intellectual property adviser Andrew S. Baluch.

  • Monthly Column

    Gray Matters: Identities Are Us


    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.