Intellectual Property

  • April 11, 2018

    Delrahim Separates DOJ's IP Advocacy From Antitrust Action

    U.S. Department of Justice antitrust chief Makan Delrahim on Wednesday continued to press his worry that patent holders could be victims of antitrust violations — not just perpetrators as they are often accused of being — but he also tried to quell concerns that his earlier statements on patent issues signaled a big change in federal efforts to combat patent abuses.

  • April 11, 2018

    Fed. Circ. Affirms PTAB Wins For Apple, Samsung, Google

    The Federal Circuit affirmed Wednesday several Patent Trial and Appeal Board decisions invalidating Smartflash data storage patents challenged by Apple, Samsung and Google, choosing not to take up the licensing company's argument that its patents were not within the scope of the America Invents Act's covered business method review program.

  • April 11, 2018

    Fed. Circ. Affirms HTC, Amazon's Win In 8-Patent Alice Row

    The Federal Circuit on Wednesday upheld a lower court’s decision invalidating eight video and data-related patents asserted against HTC and Amazon after finding that none of the patents in the suit could withstand the U.S. Supreme Court’s standard under Alice.

  • April 11, 2018

    Payment Processor Slams Bad-Faith Fees Bid In Patent Row

    A payment processing company has told a New Jersey federal judge that its suit seeking a declaration that it didn’t infringe a New Jersey sports memorabilia dealer’s patents wasn’t frivolous and didn’t warrant sanctions given the dealer’s repeated accusations that the payment processor didn’t own the patents.

  • April 11, 2018

    UK Football Club Accuses Utah Kids' Group Of Stealing TM

    Britain's Liverpool Football Club launched a trademark infringement suit in Texas federal court Tuesday alleging a Utah-based youth soccer group struck a deal to use the professional team’s crest and other insignia but has since willfully refused to make the required payments.

  • April 11, 2018

    Apple Says Uniloc’s 'Bad' Patent Suit Warrants Sanctions

    Apple Inc. urged a California federal judge Wednesday to toss Uniloc USA Inc.’s patent infringement suit and sanction the nonpracticing entity, saying Uniloc pursued the claims knowing Apple's devices don’t use Uniloc’s motion device technology and such "bad cases" should be cut off in their infancy.

  • April 11, 2018

    Travel Company Told To Restore Canadian Airline's Website

    An Illinois federal judge on Tuesday temporarily resurrected a Canadian budget airline's website from the back pages of Google, issuing an injunction against a travel consulting company accused of holding the airline's bookings site hostage after their partnership soured. 

  • April 11, 2018

    Subcontractor Allowed To Intervene In Military Patent Case

    A subcontractor's role as a manufacturer of allegedly infringing U.S. Army and Air Force training equipment did not give it an automatic right to intervene in a related patent suit, a Court of Federal Claims judge ruled Wednesday, yet it granted the company permission to intervene based on other factors.

  • April 11, 2018

    PTAB Rightfully Rejected Merck Patent App, Fed. Circ. Says

    The Federal Circuit on Wednesday backed the Patent Trial and Appeal Board in rejecting a Merck & Cie patent application, finding that prior art had outlined the same process for preventing and treating vascular disease using a certain vitamin.

  • April 11, 2018

    USPTO Head Calls For New Path To Restore Patent Stability

    The United States patent system has been weakened by "a yearslong onslaught" from legislative changes, court decisions and negative rhetoric in recent years, the director of the U.S. Patent and Trademark Office said at a D.C. event Wednesday, vowing that the agency would seek to restore stability under his watch.

  • April 11, 2018

    Big Music Copyright Bill Heads To House Floor

    A bill that would make major changes to how streaming music services like Spotify pay royalties was approved unanimously Wednesday by the House Judiciary Committee, sending it to the full chamber for a vote.

  • April 11, 2018

    Chick-fil-A, ESPN Sued Over Music In TV Commercial

    Chick-fil-A Inc. and ESPN Inc. were hit with a copyright suit in Texas federal court for allegedly stealing a song from a little-known Dallas rock band to accompany two commercials featuring sports anchors and the fast-food chain’s mischievous cow mascots.

  • April 11, 2018

    Lionsgate IP Suit Over Tupac Biopic Dropped By Writer

    A journalist who accused Lionsgate in New York federal court of stealing a character and themes from articles he wrote on Tupac Shakur and using them in the 2017 biopic “All Eyez on Me” has dropped his infringement suit against the studio.

  • April 10, 2018

    Emerson Targets Rival’s Inexperience In Trade Secrets Trial

    A BladeRoom executive conceded under cross-examination from Emerson Electric Co.’s attorney in BladeRoom Group Ltd’s trade secrets suit over a $200 million Facebook data center Tuesday that his company had never sold the technology it pitched to Facebook for a data center Emerson Electric Co. eventually built.

  • April 10, 2018

    Archive's Streams Of Classic Rock Shows Violated Copyright

    After a case featuring depositions from Keith Richards and other rock legends, a New York federal judge said in an opinion filed Monday that the owners of Wolfgang’s, an archive of thousands of live concert performances, committed copyright infringement by streaming the collection to the public without permission.

  • April 10, 2018

    LegalZoom Can Arbitrate IP Firm's Ad, Competition Claims won its bid to push into arbitration trademark law firm LegalForce RAPC Worldwide PC’s claims the legal resource website is falsely advertising its services and letting nonlawyers do legal work when a California federal judge found Tuesday the law firm had agreed to arbitrate during its investigation into LegalZoom’s website.

  • April 10, 2018

    Device Cos., Hospital Sue 18 Cos. Over Anti-Aging Microneedles

    An Israeli medical device company and Massachusetts General Hospital filed suits against 18 manufacturers and distributors on Tuesday in Massachusetts federal court and the U.S. International Trade Commission, accusing them of infringing two patents for an anti-aging treatment using microneedles.

  • April 10, 2018

    Drugmakers Assail FDA For Nixing Generic Laxative Approval

    Two drugmakers are attacking the U.S. Food and Drug Administration for rescinding approvals of generic versions of a Bayer AG laxative, warning of higher costs and “serious medical ramifications” for patients.

  • April 10, 2018

    Ugg Maker Handed A $5.2M Design Patent Verdict By Jury

    A California federal jury found that Romeo and Juliette Inc. willfully infringed design patents covering boots held by Ugg maker Deckers Outdoor Corp., awarding a $5.2 million verdict — an amount that lawyers say could change based on the willfulness finding and a pending estoppel defense.

  • April 10, 2018

    Apple Hit With $502.6M Verdict In Latest VirnetX Patent Trial

    An Eastern District of Texas jury decided Tuesday that Apple Inc. infringed four VirnetX network security patents and ordered the tech giant to pay $502.6 million in damages, the latest nine-figure verdict in the long-running dispute.

Expert Analysis

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • A View From Silicon Valley: Tax Reform And The Tech Industry

    Michele Alexander

    Many of the most discussed provisions in the Tax Cuts and Jobs Act have particular significance for the technology industry, affecting companies’ choices about entity classification, where they do business and hold assets, and the manner in which they receive or make investments. Michele Alexander and Ryan Davis of Bracewell LLP discuss the options.

  • Metaphysical Questions After TC Heartland

    Ben Quarmby

    Following the U.S. Supreme Court's decision in TC Heartland, district courts are increasingly turning to the Federal Circuit’s 2005 opinion in NTP v. Research in Motion for insight on the “commitment” prong of the venue statute. This yields some guidelines for practitioners, but falls short of providing absolute clarity, say Ben Quarmby and Sara Margolis of MoloLamken LLP.

  • Navigating The USPTO First Action Interview Pilot Program

    Robert Curylo

    Practitioners who are well versed in the phases of the U.S. Patent and Trademark Office's First Action Interview pilot program — including enrollment, pre-interview considerations, and various outcomes following the interview — can fully leverage its advantages on behalf of clients, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.

  • An Update On The Blockchain Patent Landscape

    Nelson Rosario

    What is perhaps more interesting than the number of blockchain-related patent filings, or their subject matter, is the number of assignees for these patents, says Nelson Rosario of Marshall Gerstein & Borun LLP.

  • Don't Run Afoul Of NCAA Trademarks During March Madness

    Chas Rampenthal

    It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at Inc.

  • The Case For Early Mediation Or Arbitration In IP Disputes

    Jerry Cohen

    Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.

  • Thorny Questions For IP Rights Under Investment Treaties

    Claudia Annacker

    The recent ruling in Bridgestone Licensing Services v. Republic of Panama by an ICSID tribunal has implications for owners and licensees of IP rights, particularly with respect to the protections they can expect for their trademarks under investment treaties, according to attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Making Sure A Noninfringement Opinion Is Effective

    Stephen Ball

    Obtaining a noninfringement opinion letter should be a part of all product development plans. However, simply obtaining any noninfringement opinion may not be sufficient. Competency matters, say Stephen Ball and Dov Hirsch of Whitmyer IP Group LLC.

  • Recent Patent Trends: Quantity Over Quality?

    Russell Binns

    What happens in the arms race for patent portfolios is that patent offices around the world become overburdened examining incrementally different — or not so different — patents, which reduces the quality control the patent offices can do and results in weaker patents being issued. I believe companies should be spending more money on filing clearly articulated and higher quality patents, says Allied Security Trust CEO Russell Binns.