Intellectual Property

  • November 8, 2017

    'Filmchella' Organizer Refuses To Drop Name, Coachella Says

    The organizers of the Coachella music festival urged a California federal judge Tuesday to hold the man behind an upstart film festival in contempt for violating a court order barring him from using the name “Filmchella,” contending that he has continued to use the moniker while insisting that the ruling isn’t clear.

  • November 8, 2017

    Playboy Says BoingBoing Owner Stole Every Centerfold Ever

    Playboy Entertainment Group Inc. hit the owner of BoingBoing, a website that has advocated for more open use of online content, with a copyright suit in California on Tuesday over the site’s reference to a slideshow of every centerfold photo the magazine ever published.

  • November 8, 2017

    Fed. Circ. Upholds Facebook Win In Word To Info Patent Suit

    The Federal Circuit on Wednesday affirmed a California federal court ruling that found Facebook did not infringe seven Word to Info patents relating to computer systems that can interpret human language.

  • November 8, 2017

    Trademark Counts Stay Alive In $156M Dollar Stores Suit

    A Delaware Chancery judge declined Wednesday to prune four trademark-related claims from an 18-count, more-than-$176 million Dollar Tree Inc. suit against failed discount chain Dollar Express Inc., citing reasonable arguments that Dollar Express violated limited-use rights.

  • November 8, 2017

    Chasm Remains In Experts' Views Of Post-AIA Landscape

    How effectively has the America Invents Act reformed patent law in the last five years? Depends who you ask; one expert on a panel Tuesday suggested it’s a broadly positive change that could use some tweaks, while another argued it cripples U.S. innovation and substantially erodes the entire economy.

  • November 8, 2017

    Humvee Co. Sues Activision Over 'Call Of Duty' Games

    The company behind the Humvee truck hit Activision Blizzard with a trademark infringement lawsuit Tuesday over its use of the iconic military vehicle in its “Call of Duty” video games.

  • November 8, 2017

    Ineligibility Not A Defense In Patent Cases, High Court Told

    RPost Communications Ltd. has appealed its loss in a patent case against GoDaddy.com to the U.S. Supreme Court, where it asked the justices to rule the argument that a patent covers an abstract idea or other ineligible subject matter is not a defense in patent litigation.

  • November 8, 2017

    Fed. Circ. Affirms PTAB Nix Of Fertilizer Patent Claims

    The Federal Circuit on Wednesday upheld a re-examination decision invalidating numerous claims of a patent on a fertilizer additive, which has been at the heart of a long-running infringement lawsuit against fertilizer company Mosiac Co.

  • November 8, 2017

    'End The Shenanigans,' FDA Chief Tells Big Pharma

    The U.S. Food and Drug Administration’s leader on Wednesday sharply criticized brand-name drugmakers for “shenanigans” aimed at stifling lower cost competition and promised wide-ranging action to curb perceived abuses.

  • November 8, 2017

    Disney Sheds Writer's Copyright Suit Over 'Zootopia'

    A California federal judge on Wednesday tossed a copyright feud over The Walt Disney Co.'s film "Zootopia,” nixing a screenwriter’s claims that the studio ripped off his television pitch and declining to let him amend them.

  • November 8, 2017

    Crowell & Moring Adds Ex-Wiley Rein Gov't Contracts Atty

    Crowell & Moring LLP has hired a Wiley Rein LLP government contracts attorney with more than 15 years of experience representing aerospace, defense, professional services, health care and information technology companies in all aspects of federal government procurement, the firm recently announced.

  • November 8, 2017

    Netlist Defends Memory Patents At Fed. Circ.

    Netlist Inc. urged the Federal Circuit on Tuesday to revive two patents for high-performance computer memory components that were partially overturned by the Patent Trial and Appeal Board, saying SanDisk Corp. fundamentally changed its original argument challenging the patents before the board.

  • November 8, 2017

    Destruction Of '5Pointz' Graffiti Violated Law, Jury Says

    A Brooklyn jury found Tuesday that a real estate developer violated an obscure federal statute when he demolished the famous New York City graffiti space known as 5Pointz, issuing an advisory opinion that sets the stage for a final ruling in the closely watched case.

  • November 7, 2017

    Startup Slaps Apple With IP Suit Over IPhone’s Dual Lens

    An Israeli tech startup sued Apple in California federal court Monday for infringing its lens technology patents in two iPhone models, saying the tech giant declined to license its technology and told the startup that even if it infringed, "it would take years and millions of dollars in litigation before Apple might have to pay something."

  • November 7, 2017

    Fed. Circ. Tosses Antitrust Claims Against Auto Body Maker

    The Federal Circuit affirmed on Tuesday a district court’s dismissal of claims brought by an auto body manufacturer accusing a rival of trying to monopolize the U.S. market for fiberglass utility bodies for trucks, while simultaneously upholding its finding that the rival did not infringe the manufacturer’s trade dress.

  • November 7, 2017

    Allstate Accuses Kia Of Ripping Off 'Drivewise' In TM Trial

    Allstate Insurance Co. told a California federal jury on Tuesday that Kia Motors Inc. is infringing its trademark for its “Drivewise” driver data and rewards program, kicking off a trial that seeks to stop the automaker from using the moniker for its own vehicle technology products.

  • November 7, 2017

    Ericsson Patent Not Invalid Under Alice, Judge Finds

    A federal judge in the Eastern District of Texas has ruled that an Ericsson patent covering a system for controlling software in mobile devices is not invalid under the U.S. Supreme Court’s Alice standard, denying TCL Communications a quick win and setting up the companies' infringement dispute for a December trial.

  • November 7, 2017

    Snyder's-Lance Sues Frito-Lay Over 'Pretzel Crisps' Trademark

    Snyder's-Lance Inc. sued PepsiCo.'s Frito-Lay Inc. in North Carolina federal court Monday to appeal a ruling by the Trademark Trial and Appeal Board that “pretzel crisps” is a generic phrase, saying the decision relied on flawed analysis and cherry-picked data.

  • November 7, 2017

    Allergan Making A 'Mockery' Of IPR Process, Lawmaker Says

    Members of the House Judiciary Committee on Tuesday expressed concern about Allergan PLC’s agreement to transfer drug patents to a Native American tribe in an effort to shield them from inter partes review, with one lawmaker saying Allergan was making a "mockery” of Congress’ power.

  • November 7, 2017

    Court OKs FTC’s Nokia Doc Request In Qualcomm Patent Row

    The Federal Trade Commission, a putative class of cellphone purchasers and Qualcomm Inc. are allowed to request documents from a Finnish government agency in a lawsuit over patent licensing practices, a California federal court ruled Monday.

Expert Analysis

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • 5 Lessons From 5 Years On The Bench At PTAB

    Trenton Ward

    During my tenure as administrative patent judge, I witnessed some excellent advocacy on behalf of parties appearing before the Patent Trial and Appeal Board, and I also witnessed some less than stellar representation. I have some tips to offer, says Trenton Ward, a partner at Finnegan Henderson Farabow Garrett & Dunner LLP and former PTAB judge.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Take Down Or Stay Down: Digital Piracy And Trade Negotiation

    Dean Pinkert

    As NAFTA renegotiation reaches a critical juncture, an area of discussion that involves exceptionally difficult trade-offs concerns measures to combat digital piracy, says Dean Pinkert, a partner with Hughes Hubbard & Reed LLP and former vice chairman of the U.S. International Trade Commission.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.

  • How Will High Court Rule On IPR? Clues In A Thomas Dissent

    Kayvan Noroozi

    The U.S. Supreme Court is highly likely to find inter partes reviews constitutional in Oil States. The strongest indication lies in Justice Clarence Thomas’ 2015 dissent in B&B Hardware — a case that has received no substantive discussion in the hundreds of pages of briefing filed thus far, says Kayvan Noroozi, principal at Noroozi PC and CEO of Koios Pharmaceuticals LLC.

  • Aqua Products: Watershed Decision Or Barely A Ripple?

    Naveen Modi

    A deeply fractured en banc Federal Circuit in Aqua Products v. Matal has shifted the burden of persuasion onto petitioners to establish the unpatentability of amended claims proffered by patent owners during inter partes review proceedings. But the U.S. Patent and Trademark Office may attempt to promulgate regulations reimposing the burden of persuasion on patent owners, say attorneys with Paul Hastings LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The Future Of Standard-Essential Patents At The ITC

    Bryan J. Vogel

    For the second time in four years, the U.S. International Trade Commission has been asked to exclude products from import into the United States based on standard-essential patents. The Fujifilm case is a potential opportunity for the ITC to clarify what the proper test is for essentiality in the absence of a contractually agreed-upon definition, say Bryan Vogel and Derrick Carman ​​​of Robins Kaplan LLP.