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Intellectual Property

  • June 14, 2018

    Fed. Circ. Revives PTAB Review Of Motor Patent After SAS

    The Patent Trial and Appeal Board should review the claims of a patent covering an air conditioner motor that it previously opted not to examine, following the U.S. Supreme Court's recent decision in SAS Institute that barred the board from picking and choosing, the Federal Circuit held Thursday.

  • June 14, 2018

    LegalForce Slips Sanctions In TM Co. Witness Tampering Row

    The law firm that launched a litigation campaign over trademark registration companies’ alleged use of non-attorneys for legal work won’t face sanctions after using a job candidate’s statements during an interview in a complaint and accusing another lawyer of witness tampering, a California federal judge ruled Thursday.

  • June 14, 2018

    As New IP Tariffs Loom, China Implores Trump To Negotiate

    With the Trump administration preparing to impose tariffs to punish China for its intellectual property regime, Beijing on Thursday made a last-ditch effort to convince the White House to hold off and instead peacefully negotiate a solution to the escalating trade quarrel.

  • June 14, 2018

    Feds Must Face Claims Over Armored Vehicle Patents

    The Court of Federal Claims trimmed one patent from a suit accusing the U.S. Marine Corps of infringing several vehicle armor patents, saying the related claim was untimely, but refused to toss claims related to two other patents.

  • June 14, 2018

    USPTO Memo Cuts Mayo Woes On Treatment Method Patents

    New guidance from the U.S. Patent and Trademark Office suggests that patents on methods of treating disease should usually be considered patent-eligible, freeing patent holders from having to grapple with the convoluted eligibility analysis patents must often face, attorneys say.

  • June 14, 2018

    Samsung-Huawei Patent Row Partly Paused On Heels Of SAS

    Part of a dispute between Samsung and Huawei over cellular network patents was put on hold Wednesday by a California federal court, a decision that stems from the U.S. Supreme Court’s recent ruling in SAS Institute.

  • June 14, 2018

    Audi & VW Force Mass. Parts Dealers To Stop Knockoff Sales

    Audi and Volkswagen scored a quick and seemingly unopposed win Thursday after catching a handful of Massachusetts auto parts sellers hawking knockoff grilles and other accessories bearing logos similar to the marks used by the car giants.

  • June 14, 2018

    Wilson Loses Fee Bid In Helmet Chin-Strap Patent Fight

    A Texas federal judge on Wednesday adopted a magistrate's recommendation to deny Wilson Sporting Goods Co. the fees and costs of defending itself against part of SportStar Athletics Inc.'s patent infringement suit over football helmet chin straps, saying the recommendation was well-founded.

  • June 14, 2018

    Bus Parts Distributor Employee Must Face Trade Secrets Suit

    A Pennsylvania federal judge has declined to toss a suit alleging that a former employee of a bus parts distributor stole company secrets and helped a rival company get a foothold in the U.S. market, costing the distributor contracts with the Southeastern Pennsylvania Transit Authority and the Massachusetts Bay Transit Authority.

  • June 14, 2018

    Aggrenox Buyers Slam Insurers' Bid To Opt Health Plans Out

    Indirect buyers of the stroke prevention medicine Aggrenox on Wednesday slammed a request by six insurance companies to opt out hundreds of potential class members from a $54 million settlement agreement over an alleged pay-for-delay scheme, saying the companies have failed to show they are authorized to make such a request.

  • June 14, 2018

    6th Circ. Upholds Bourbon Co.'s Win In Distillery IP Row

    In a published opinion Thursday, the Sixth Circuit affirmed bourbon company Peristyle LLC's win in a suit by Sazerac Brands LLC over the alleged infringement of Sazerac's trademark rights to "Colonel E.H. Taylor," a reference to a historic bourbon figure who built a distillery now owned and operated by Peristyle.

  • June 14, 2018

    Topgolf Wins PTAB Challenge To Patent On Golf Game

    The Patent Trial and Appeal Board invalidated several claims of a patent for a golfing game on Wednesday, scrapping both of the patent claims in an infringement suit brought by a Florida-based investor against Topgolf International Inc.

  • June 14, 2018

    Full Fed. Circ. Should Rehear Google V. Oracle, Groups Say

    The Electronic Frontier Foundation and several groups have urged the full Federal Circuit to reconsider a ruling that revived Oracle's billion-dollar copyright lawsuit against Google over its Android smartphones, saying the appeals' court decision failed to consider various public and policy interests.

  • June 14, 2018

    Levi's Fights 'Trademark Bully' Claim With TM Suit Over Tabs

    Days after a British luxury brand called Levi Strauss & Co. a “trademark bully,” the jean giant on Wednesday followed through on its threat to sue the smaller company for infringement.

  • June 14, 2018

    New Bill Would Bar Quick Generics Approval For PTAB Users

    Generics and biosimilar drugmakers who challenge brand patents at the Patent Trial and Appeal Board would be effectively closed off from accelerated approval pathways under a bill introduced Wednesday by U.S. Sen. Orrin Hatch, R-Utah, who co-authored the original law that enabled sped-up generics approvals.

  • June 14, 2018

    Venable Nabs Ex-K&L Gates IP Pro In New York

    Venable LLP has added a former K&L Gates LLP partner with over 20 years of experience litigating and counseling on copyright, trademark and patent matters to its intellectual property transactions practice, the firm announced.

  • June 13, 2018

    DJ Khaled Hits Online Retailer With TM Suit Over Son’s Name

    Record producer DJ Khaled has accused an online retailer of illegally using his infant son’s name for apparel, claiming in a trademark suit that the merchant even tried to prevent him from sealing a deal with Nike.

  • June 13, 2018

    Fed. Circ. Won't Undo Gilstrap’s Venue Waiver Ruling

    The Federal Circuit on Wednesday left intact a ruling from U.S. District Judge Rodney Gilstrap that air mattress manufacturers including Coleman Co. that intervened in a patent infringement case had waived their right to challenge venue in the Eastern District of Texas.

  • June 13, 2018

    No New Trial Over 5Pointz Graffiti Destruction, Judge Says

    A New York City real estate developer who demolished the famed graffiti space 5Pointz won't get a new trial, after a federal judge Wednesday issued a scathing opinion that blasted the owner for lying in court and other “egregious behavior.”

  • June 13, 2018

    PTAB Shuts Down Challenge To Gilead's Hep C Drug Patents

    The Patent Trial and Appeal Board on Wednesday shot down the last of eight related requests filed by a nonprofit group focused on drug competition to review Gilead Pharmasset LLC's patents covering its series of blockbuster hepatitis C medications.

Expert Analysis

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • 2 Court Standards For Statutory Damages In Copyright Cases

    Amy Fitts

    The recent District of Kansas decision in Energy Intelligence Group v. CHS McPherson Refinery highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue, say Amy Fitts and Benton Keatley of Polsinelli PC.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Fed. Circ. Applies Teva Deference In 2 Types Of Cases

    Richard Zhang

    Since the U.S. Supreme Court’s 2015 decision in Teva v. Sandoz changed the standard of review for factual findings made in the course of claim construction, the Federal Circuit has applied deference in just eight of the 24 cases that involved claim-construction extrinsic evidence. These decisions reveal some predictability, says Richard Zhang of Fisch Sigler LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Nat'l Space Council Could Launch New Era Of Patent Policy

    Larry Williams Jr.

    While the recently re-established National Space Council has a broad mandate to develop U.S. space policy recommendations, one important area for the council should be fostering creative endeavors in space. In particular, the council should determine if the current patent law framework is adequate, say Larry Williams Jr. and William Allen of Thompson Hine LLP.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.