Intellectual Property

  • February 15, 2017

    Ticketmaster Stole Trade Secrets Via Hacking, Songkick Says

    Songkick, a concert ticketing startup, tacked on new claims Wednesday in its ongoing antitrust suit against Live Nation and Ticketmaster over their alleged monopoly of ticket sales by claiming that one of its former executives who landed at Ticketmaster unlawfully accessed its computer systems to steal trade secrets.

  • February 15, 2017

    Dr. Reddy's Generic Infringes Aloxi Patents, Judge Rules

    A New Jersey federal judge on Wednesday found that Dr. Reddy’s Laboratories Inc.’s planned generic version of Helsinn Healthcare SA’s anti-nausea drug Aloxi infringes three patents for the drug and rejected Dr. Reddy’s contention that two of those patents are invalid.

  • February 15, 2017

    Michael Jackson’s Image Was In ‘Nuclear Winter’: Expert

    Michael Jackson’s estate on Wednesday called a business appraisal expert to testify at the Los Angeles tax trial over the estate's value at Jackson’s death, with the expert testifying that child molestation allegations had plunged the singer's publicity rights into “nuclear winter,” reducing their value to just $3 million.

  • February 15, 2017

    PTAB Sees No Overlap In Rival Schools' Gene-Editing Patents

    A genomic research center affiliated with the Massachusetts Institute of Technology and Harvard University scored a key win involving its patents on groundbreaking gene-editing technology when the Patent Trial and Appeal Board said Wednesday that the patents don’t interfere with claims filed by a rival research team.

  • February 15, 2017

    Alice Ruling Doesn't Negate Verizon Patent Deal, Judge Says

    A Delaware federal judge has refused to allow a company that indemnified Verizon in a patent suit and settled with the patent owner to get out of the deal after the patent was invalidated under Alice, saying the agreement was clearly complete before the invalidity ruling.

  • February 15, 2017

    Fireball Maker Sues Over 'Mad Hen' Whiskey

    Sazerac, the distiller behind Fireball whiskey, accused a Florida spirits company Wednesday of gearing up to launch a product that closely mimics the trade dress of the popular cinnamon liquor.

  • February 15, 2017

    Hotels.com Sheds Web Patent Case In Texas

    A Texas federal judge on Wednesday signed off on an order that ended a lawsuit against travel website Hotels.com brought by a Texas entity alleging computer program patent infringement.

  • February 15, 2017

    Insurers Can't Beat Coverage Of Cigarette Filter TM Fight

    A New Jersey federal judge on Tuesday rejected three insurers' request to dismiss claims that they refused in bad faith to defend or indemnify a cigarette filter manufacturer in trademark litigation over a filter product called "Nic Out," finding that the manufacturer's complaint contains sufficient supporting facts.

  • February 15, 2017

    Ariosa Urges Fed. Circ. Not To Review AIA Estoppel Provision

    Ariosa urged the Federal Circuit Tuesday to deny Illumina’s mandamus petition arguing that courts are applying the America Invents Act’s estoppel provision too narrowly and allowing inter partes review petitioners to make too many arguments in district court after a Patent Trial and Appeal Board decision, saying mandamus isn’t warranted.

  • February 15, 2017

    Palantir Fights To Remand Trade Secrets Suit

    Palantir Technologies Inc., a data analytics firm specializing in U.S. intelligence and defense, urged a California federal judge on Wednesday to remand its trade secrets allegations that a former adviser tried to patent its ideas, saying its request for an injunction blocking his patent application does not make it a federal case.

  • February 15, 2017

    First American Says Retrial Of Poaching Case Meritless

    First American Title Insurance Co. told a Utah federal court Tuesday that it shouldn’t let a competitor receive a new trial over claims it illegally poached First American’s employees, calling its Dec. 16 jury award of more than $3 million reasonable and well supported by the facts.

  • February 15, 2017

    FTC Chair Says She'll Seek Balance In IP Antitrust Cases

    The Federal Trade Commission's new acting chairwoman vowed Wednesday to take action if companies abuse their patent rights but emphasized the need to strike the right balance on antitrust enforcement over intellectual property rights.

  • February 15, 2017

    Sunovion Gets 2 Latuda Generics Blocked, Sues Over A 3rd

    A New Jersey federal judge on Tuesday blocked Emcure Pharmaceuticals Ltd. and Teva Pharmaceutical Industries Ltd. from moving forward with generic versions of Sunovion Pharmaceuticals Inc.’s bipolar disorder medication Latuda, and that same day, Sunovion filed another infringement suit against MSN Laboratories and Sandoz Inc. over the drug.

  • February 15, 2017

    'RoboCop' Studio Settles Trademark Fight

    The studio behind the “RoboCop” movie franchise has reached a settlement to end a trademark fight with an electronics company called Robocopp, according to court papers filed in California federal court on Tuesday.

  • February 15, 2017

    US Steel Drops Hacking Prong Of Sweeping Trade Case

    U.S. Steel Corp. announced Wednesday that it will withdraw allegations that its Chinese competitors hacked and stole trade secrets for the production of high-tech steel, citing the “unbearable burden” it faced in arguing the case before the U.S. International Trade Commission.

  • February 15, 2017

    Judge Halves Fee Request In Hoover Dam Artist's Suit

    A Nevada federal judge ruled Wednesday that a Hoover Dam cafe owner must pay a former friend whose copyrighted sculpture he unfairly used to advertise his restaurant around $400,000 in attorneys’ fees for a second trial in the case, rather than the more than $900,000 the artist has requested.

  • February 15, 2017

    Copyright Law Profs Blast ReDigi Music Ruling At 2nd Circ.

    Two dozen copyright law professors urged the Second Circuit on Tuesday to overturn a district court’s $3.5 million judgment against music sharing service ReDigi for infringing Capitol Records' copyrights, saying the decision undermines the law's careful balance between the rights of copyright holders and purchasers.

  • February 15, 2017

    Samsung Gets Augmented-Reality Trade Secrets Claims Axed

    Samsung dodged part of a suit brought by a company who claims the tech giant infringed its augmented reality technology patents with Samsung Galaxy smartphones when a California federal judge tossed trade secrets claims Tuesday, finding the statute of limitations had expired.

  • February 15, 2017

    Facebook Birth Video Copyright Claims Are Tossed

    A New York federal judge on Wednesday dismissed copyright infringement claims against ABC, NBC, Yahoo and COED Media, saying their use of video and screen grabs from a birth streamed over Facebook Live fell squarely within fair use.

  • February 15, 2017

    Fed. Circ. Says Xilinx Noninfringement Suit Wrongly Nixed

    The Federal Circuit on Wednesday reversed a California federal court’s decision that it lacked jurisdiction to hear Xilinx’s suit seeking declaratory judgment that it does not infringe two Papst Licensing memory test patents, ruling that California is a reasonable venue for the case.

Expert Analysis

  • 4 PTAB Lessons On Scope Of On-Sale Prior Art

    Roger Lee

    The Federal Circuit has yet to construe the America Invents Act's on-sale bar provisions. However, recent Patent Trial and Appeal Board decisions offer some guidance on this issue, say Roger Lee and David Leibovitch of Buchanan Ingersoll & Rooney PC.

  • What The Qualcomm Case Tells Us About FTC And FRAND

    Michael T. Renaud

    Federal Trade Commission staff will no doubt characterize its recent complaint against Qualcomm as the mere application of traditional antitrust principles to conduct that just happens to involve intellectual property licensing. If that were the case, then it should have been uncontroversial to include a discussion of these practices in the revised guidelines released four days earlier, say attorneys with Mintz Levin Cohn Ferris Gl... (continued)

  • Strategies For Avoiding Institution Of An IPR

    Denis J. Sullivan

    The Patent Trial and Appeal Board’s recent decisions denying institution of inter partes reviews based on insufficient evidence of obviousness provide patent owners with guidance on how to increase their chances of obtaining institution denials, says Denis Sullivan, leader of Barclay Damon LLP's intellectual property group.

  • 2nd Circ.'s Latest Guidance On 'Transformative' Fair Use

    Jordan D. Grotzinger

    The Second Circuit's recent decision in TCA Television v. McCollum could signal a trend toward requiring the use of the copyrighted work itself — apart from the larger work into which it is incorporated — to be transformative, say Jordan Grotzinger and Rebekah Guyon of Greenberg Traurig LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.

  • 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.