Intellectual Property

  • May 18, 2017

    Texas A&M Says It's Immune From '12th Man' Copyright Suit

    Texas A&M University on Wednesday urged a Texas federal court to toss copyright claims over a story published on a school website on the origin of the “12th Man” football fan tradition, arguing that the plaintiffs cannot avoid the university’s protection from suit as a state entity by going after the athletics department and its employees.

  • May 17, 2017

    Video Game Cos. Can't Ax Blizzard, Valve Copyright Suit

    A California federal judge denied mobile app publishers uCool and Lilith Games' bid for a quick win and sanctions in a copyright suit brought by video game giants Blizzard Entertainment and Valve Corp. alleging they infringed on a "World of Warcraft" spinoff, ruling Tuesday that uCool could not come to the defense of the open source developers who originated the game.

  • May 17, 2017

    PTAB Grants Rare Rehearing In Dispute Over 3-D Tech Patent

    The Patent Trial and Appeal Board on Tuesday granted a request for a rehearing in a challenge to a Legend3D Inc. patent, a rare move that will allow a rival visual effects company to argue that various claims are invalid as obvious.

  • May 17, 2017

    Qualcomm Sues IPhone Manufacturers Over Unpaid Royalties

    Qualcomm Inc. added another front to its legal battles with Apple Inc. on Wednesday when it sued four iPhone manufacturers in California federal court for allegedly failing to pay royalties on license agreements after Apple stopped reimbursing them.

  • May 17, 2017

    Pfizer, La. End Neurontin Antitrust Suit With $1M In Naloxone

    Pfizer Inc. has agreed to provide Louisiana first responders with $1 million worth of the opioid overdose treatment naloxone in exchange for the state dropping its allegations that Pfizer used sham patent litigation to keep a generic version of its anticonvulsant Neurontin off the market.

  • May 17, 2017

    PTAB Invalidates Humira Patent In Coherus Challenge

    The Patent Trial and Appeal Board invalidated a key patent for AbbVie Biotechnology Ltd.’s mega-blockbuster autoimmune disease drug Humira on Tuesday, finding the patent would have been obvious at the time of the invention.

  • May 17, 2017

    Energy Cos. Denied Quick Wins In $89M IP Licensing Dispute

    A Florida judge shot down two energy companies’ dueling petitions for quick wins Wednesday in an $89 million licensing suit concerning an energy catalyzer patent, deferring to a jury to evaluate the remaining factual inconsistencies in their competing accounts.

  • May 17, 2017

    Medtronic Ordered To Pay $23.5M In Patent Infringement Case

    Medtronic Inc. will have to pay $23.5 million to a doctor after losing an infringement case over two of his spine-aligning device patents, a Texas federal judge ruled Tuesday, even as the company appeals the validity of one of the patents to the Federal Circuit.

  • May 17, 2017

    Rupari Files 2nd Suit Over Tony Roma's Licensing Issue

    Bankrupt meat distributor Rupari Food Services Inc. filed a second adversary complaint late Tuesday in Delaware, accusing Tony Roma's Steakhouse of violating the automatic stay granted in its Chapter 11 case by entering into a new agreement with another company.

  • May 17, 2017

    Fed. Circ. Won't Put $455M Bayer Patent Award On Hold

    The Federal Circuit on Wednesday denied Dow AgroSciences LLC’s request to hold off on issuing a mandate of its March decision affirming a $455 million judgment in an agriculture licensing dispute with units of Bayer AG, which kept intact an arbitration panel’s finding that Dow infringed Bayer’s weed control patents.

  • May 17, 2017

    Foreign Boehringer Units Look To Ax Aggrenox MDL Claims

    A pair of foreign Boehringer units urged a Connecticut federal judge on Monday to throw out claims by Blue Cross and Blue Shield of Louisiana and Humana Inc. related to an alleged scheme to keep generic versions of the stroke-prevention drug Aggrenox off the market, saying the insurers failed to serve them properly.

  • May 17, 2017

    Nestle's KitKat Bar Shape Isn't A Trademark, UK Court Says

    A U.K. appeals court ruled Wednesday that Nestle SA can't claim trademark rights to the shape of its KitKat bar, saying the "four-finger" design of the candy bar is not sufficiently distinctive to consumers.

  • May 17, 2017

    Jury Returns $3.2M Verdict For Thermal Patent Infringement

    Specialty manufacturer Unifrax LLC on Tuesday was found liable for roughly $3.3 million for infringing a patent for thermal blanket coating held by DuPont Co., following a jury trial in Delaware federal court.

  • May 17, 2017

    Waymo Fights To Keep Uber Exec Out Of Trade Secret Suit

    Alphabet Inc. unit Waymo LLC urged a California federal judge Tuesday not to allow Uber executive Anthony Levandowski, who is at the center of allegations that the ride-share company stole self-driving car technology, to intervene in the case, saying he isn’t making any new arguments.

  • May 17, 2017

    3 Things You Should Know About The Nominee For IP Czar

    President Donald Trump has nominated Vishal Amin to be the next intellectual property enforcement coordinator, a move widely cheered by those who believe his congressional relations and strong IP background would be valuable assets. Here are three things to know ahead of his confirmation hearing.

  • May 17, 2017

    Plaintiffs Bar Perspective: Aldous Walker's Brent Walker

    You have to learn how to pick your battles. Don’t waste your time, money or emotional energy on conflict that does not matter to your client’s case, says Brent Walker of Aldous Walker LLP.

  • May 16, 2017

    Oculus Wants ZeniMax Sanctioned Over $500M Copyright Suit

    Facebook subsidiary Oculus VR asked a Texas federal court Tuesday to impose sanctions on video game developer ZeniMax Media for allegedly violating multiple court orders by neglecting to disclose 1,300 pages of documents related to the copyright infringement suit in which ZeniMax won a $500 million judgment earlier this year.

  • May 16, 2017

    AIPLA Proposes Bill To Overhaul Patent-Eligibility Law

    The American Intellectual Property Law Association has become the latest IP group to release proposed legislation to clarify what can be patented in the wake of recent U.S. Supreme Court decisions, saying uncertainty in that key area has weakened the patent system.

  • May 16, 2017

    Diddy's Record Co. Sued For Posting Instagram Photo Of Him

    Puff Daddy’s Bad Boy Records was hit with a copyright lawsuit in Manhattan federal court Monday for posting an image of the hip-hop star on his own Instagram account.

  • May 16, 2017

    PTAB Denies Review Of Solar-Powered Patio Umbrella Patents

    The Patent Trial and Appeal Board refused Monday to review two patents for solar-powered patio umbrellas that Kohl’s and Home Depot have been accused of infringing, finding the challenges largely rested on evidence that patent examiners had already considered.

Expert Analysis

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Time For High Court To Clarify Presumption Of Patent Validity

    Charles Macedo

    Courts continue to invalidate patents under Section 101 without adhering to the presumption of validity standard mandated by Congress in Section 282 and the U.S. Supreme Court in i4i. The Supreme Court can set the record straight in Broadband iTV v. Hawaiian Telcom, say Charles Macedo and Sandra Hudak of Amster Rothstein & Ebenstein LLP.

  • Why Colbert Can't Play 'Colbert': Tonight's Word — Copyright

    Adam Litwin

    Last week, "The Late Show" daringly flouted Viacom’s wishes by having host Stephen Colbert reprise his "Colbert Report" character to bid farewell to Bill O’Reilly. With CBS exercising such blatant disregard for Viacom’s demand, the situation is sure to come to a head, says Adam Litwin of Bell Nunnally & Martin LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Lessons From Post-Halo Enhanced Damages Decisions

    Jeffrey Totten

    In the 10 months since the U.S. Supreme Court’s Halo decision confirmed district courts’ discretion in enhancing damages for patent infringement, courts have produced a spectrum of damages outcomes. Exploring these early decisions reveals several considerations for parties assessing a competitor’s patent, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Tips For Finding Your Company's Hidden IP

    Neil Belson

    Research-based companies routinely fail to take full advantage of the intellectual property they already possess, particularly by focusing solely on protecting a project’s end product and overlooking other IP created during its development, says Neil Belson of Potomac Law Group PLLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.