Intellectual Property

  • April 12, 2017

    Roku, TiVo Partner In Licensing Deal For Patent Trove

    Media-streaming service Roku announced a multiyear intellectual property licensing deal Wednesday with TiVo that will grant it access to thousands of TiVo patents and company metadata.

  • April 12, 2017

    Farella Braun Atty Tapped To Manage Waymo-Uber Discovery

    The California federal judge overseeing Waymo's trade secrets and patent infringement suit against Uber over self-driving car technology said Wednesday that, less than two months in, the fight has generated so many evidentiary disputes he’s appointing a Farella Braun partner to act as a special master in charge of discovery.

  • April 12, 2017

    Kerrygold Butter Says Irishgold Is Phony In Trademark Suit

    An Irish dairy distributor has filed suit demanding that a Wisconsin creamery stop using packaging designed to dupe customers into mistaking its product for Kerrygold butter, taking advantage of an Irish butter shortage in the state.

  • April 12, 2017

    Kim Dotcom Takes Asset Seizure Fight To High Court

    Megaupload Ltd. founder Kim Dotcom and others accused of criminal copyright violations for operating the file-sharing site have asked the U.S. Supreme Court to overturn a ruling they claim makes accused foreign nationals choose between their freedom and their assets.

  • April 12, 2017

    Fed. Circ. Affirms False-Marking Win For Key Machine Maker

    The Federal Circuit on Wednesday affirmed a district court’s ruling in favor of key-making company Kaba after the owner of another key-making machine company accused it of falsely claiming to have a patent on its machine, but the court reversed an award of attorneys’ fees and remanded the case.

  • April 12, 2017

    Roxane Could Owe $2M After Patent Row Ruled 'Exceptional'

    Roxane Laboratories Inc. could be on the hook for upward of $2 million in legal fees, after a New Jersey federal judge decided Wednesday the infringement claim it brought against two generic-drug makers over a kidney medication patent was unreasonable.

  • April 12, 2017

    WebMD Says Ex-Worker Took Trade Secrets To Time Inc.

    WebMD accused a former advertising executive for its magazine of stealing its trade secrets and taking them over to Time Inc. after the two companies cooperated on a joint project, according to a $2 million suit filed in New York state court Tuesday.

  • April 12, 2017

    UMG, Others Dodge Royalties In Row Over Timberlake Hit

    A New York federal judge has tossed a suit brought against UMG Recordings, Unichappell Music and Dynatone Publishing seeking royalties from a 1970s work that was sampled in a Justin Timberlake hit song, saying the copyright ownership claims were brought way too late.

  • April 12, 2017

    Fed. Circ. Tosses Patent Case Over Nobel-Winning Discovery

    The Federal Circuit on Wednesday affirmed the dismissal of a suit by a man seeking to be added as an inventor on five patents for a Nobel Prize-winning gene silencing discovery, ruling that one defendant, the University of Massachusetts, has sovereign immunity.

  • April 12, 2017

    Snack Cos. Launch Trademark Battle Over 'Skinny' Popcorns

    Snack giant Snyder's-Lance and the company behind SkinnyPop Popcorn kicked off a trademark battle Tuesday over dueling “Skinny” brands.

  • April 12, 2017

    Medical Device Maker Hits Rival With Trade Secrets Suit

    Syneron-Candela, which specializes in marketing and selling medical devices used to treat skin-related ailments, sued an Israeli competitor in Tennessee federal court Wednesday, claiming the company stole its employees and trade secrets.

  • April 12, 2017

    Fed. Circ. Upholds PTAB's Ax Of Novartis MS Drug Patent

    The Federal Circuit on Wednesday affirmed the Patent Trial and Appeal Board's decision invalidating a patent covering Novartis' multiple sclerosis drug Gilenya, which had sales of $3.1 billion last year, in a win for generics makers Apotex, Mylan and Torrent Pharmaceuticals.

  • April 12, 2017

    ITC Launches Set-Top Box IP Investigation At Sony's Behest

    The U.S. International Trade Commission on Wednesday initiated an investigation into set-top boxes and other items produced by Arris International PLC, as part of a larger intellectual property dispute the company has with Sony Corp.

  • April 12, 2017

    Puma Seeks Injunction Against ‘Serial Infringer’ Forever 21

    German footwear giant Puma SE asked a California federal court Tuesday to block “serial infringer” Forever 21 Inc. from marketing or selling shoes that allegedly copy a line it made in collaboration with pop star Rihanna, saying the inferior knockoffs tarnish Puma’s exclusive brand.

  • April 12, 2017

    Samsung Patent Ruling Could Cause 'Harm,' High Court Told

    A recent Federal Circuit decision that makes invalidating patents more difficult and winning injunctions easier will harm a wide number of businesses, various groups have told the U.S. Supreme Court, urging the justices to hear Samsung’s appeal in a $120 million patent case with Apple.

  • April 12, 2017

    Amazon, IBM Lose PTAB Challenge To Data Security Patent

    The Patent Trial and Appeal Board on Tuesday upheld a patent for a secure communications system that was challenged in inter partes reviews by companies including Amazon.com Inc. and IBM Corp., potentially clearing the way for a pair of infringement lawsuits to move forward.

  • April 12, 2017

    Canon Gets $1.8M In Attys’ Fees In Memory Card IP Row

    A California federal judge on Wednesday ordered the holders of two flash memory card reader patents to pay nearly $1.8 million in attorneys’ fees to Canon when the entities persisted in their infringement case, even after the U.S. International Trade Commission cleared the imaging company of similar allegations.

  • April 12, 2017

    Generic Nucynta Officially Barred After Depomed Patent Win

    A New Jersey federal judge on Tuesday entered a final judgment and injunction barring Actavis Inc., Roxane Laboratories Inc. and Alkem Laboratories Ltd. from releasing generic versions of Depomed Inc.’s opioid painkiller Nucynta until related patents expire.

  • April 12, 2017

    Allergan, Kissei Settle With Sandoz In Prostate Drug Suit

    Kissei Pharmaceutical and Allergan reached an agreement to dismiss all claims against Sandoz in litigation alleging the Novartis division infringed a patent for their enlarged-prostate medication Rapaflo by seeking approval for generic forms of the treatment, according to a Tuesday court filing in Delaware federal court.

  • April 12, 2017

    Patent Suits Fall, IPRs Spike At Start Of 2017

    Fewer patent lawsuits were filed in the first three months of 2017 than in any quarter since 2011, while the number of inter partes review petitions challenging patents reached a record high, according to a report released Thursday by legal analytics firm Lex Machina.

Expert Analysis

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • A March Madness Bracket Based On Team Trademarks

    Michael N. Spink

    I decided to see what an NCAA tournament bracket would look like if based on the number of trademark registrations for each school competing. During my search of federal trademark records, I noted that universities are increasingly protecting hand and body gestures, says Michael Spink of Brinks Gilson & Lione.

  • A Dive Into BPCIA Confidential Info Disclosure Requirements

    Will Orlady

    Although courts have not definitively interpreted what confidential information a biosimilar manufacturer must disclose to a reference product sponsor if it wishes to engage in the patent dance, future biosimilar litigants can reduce risk and increase benefits by noting issues raised in Biologics Price Competition and Innovation Act litigation thus far, say Will Orlady and Tasha Francis of Fish & Richardson PC.

  • Means-Plus-Function Trends At PTAB

    Roger Lee

    When it comes to means-plus-function claim terms, inter partes review petitioners are required to provide explicit claim constructions of such terms. Recent institution decisions have turned on the Patent Trial and Appeal Board’s assessment of means-plus-function claim terms, say Roger Lee and Jonathan Bowser of Buchanan Ingersoll & Rooney PC.

  • EU May Soon Surpass US As Patent Center

    Ashley Keller

    Despite some uncertainty surrounding Brexit’s impact, the changing patent regime in Europe likely will make things easier for patent holders. Indeed, the new Unified Patent Court has several features that suggest it will be an appealing alternative to U.S. patent courts, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Rebuttal

    Why China Is A Good Place For NPEs

    Erick Robinson

    A recent Law360 guest article's conclusion that China will see little nonpracticing entity activity over the next five years is short-sighted. I currently represent several NPEs in China, and my view is quite different, says ‎Erick Robinson, director of patent litigation at Beijing East IP Ltd.

  • 'March Madness' Trademark Tips And Traps

    Roberta Jacobs-Meadway

    As the nation’s major college basketball tournament kicks off on Tuesday, the debate continues as to whether and to what extent the NCAA has the right to engage in rigorous trademark policing efforts when the use of "March Madness" is informational rather than suggesting some official connection or sponsorship, say Roberta Jacobs-Meadway and Alexander Fleisher of Eckert Seamans Cherin & Mellott LLC.

  • 4 Years In, Inter Partes Review May Not Be The Best Strategy

    Collier_Paul_kirkland.jpg

    For the first few years of inter partes review, the data told a story of unfettered success. Recent data, however, tells a changing story. While filings have continued to rise, institution and invalidation rates have declined, say Paul Collier and Bruce Ratain of Kirkland & Ellis LLP.

  • Settlement Strategy: What Does The Client Really Want?

    head shot.jpg

    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.