Intellectual Property

  • February 13, 2017

    PTAB Agrees To Review Riddell Football Helmet Patent

    The Patent Trial and Appeal Board agreed Friday to review one of the Riddell Inc. football helmet patents the company is suing rival Schutt Sports for infringing, finding that some of the claims may have been obvious when prior patents are considered together.

  • February 13, 2017

    Clothier Awarded $5.6M In New York & Co. Trademark Row

    U.S. District Judge Jed Rakoff on Friday ratified an advisory jury's ruling against retailer New York & Co., agreeing it willfully infringed on the trademark “velocity” in connection with workout wear and awarding $5.6 million to a rival clothier.

  • February 13, 2017

    BlackBerry Seeks To Lift Avaya's Ch. 11 Stay On Patent Suit

    BlackBerry Corp. on Friday asked a New York bankruptcy court to lift the stay on its patent suit against Avaya Inc., claiming that the company is continuing to sell the allegedly infringing products.

  • February 13, 2017

    What You Should Know Before Requesting A PTAB Rehearing

    It's no secret the Patent Trial and Appeal Board has been reluctant to grant rehearings during America Invents Act review proceedings, but despite the long adds there are times attorneys say it might still make sense to ask the board to rethink an earlier decision. Here are some things to consider when asking for a rehearing.

  • February 13, 2017

    Amazon Seeks Arbitration In Broadcom Tablet, Tech IP Suit

    Amazon Inc. asked a California federal judge on Friday to order arbitration over four patent infringement claims from Avago Technologies and Broadcom Corp., saying the latter party signed a customer agreement that includes an arbitration clause while the plaintiffs say they're free to bring the claims.

  • February 13, 2017

    Bankrupt Wet Seal Seeks To Auction Off Name, Other IP

    Struggling clothing retailer The Wet Seal LLC asked the Delaware bankruptcy court Friday for the OK to auction off its intellectual property, including its name and assets connected to its website, as the company holds going-out-of-business sales at all of its roughly 140 stores.

  • February 13, 2017

    Zillow Hit With $8.3M Verdict For Image Infringement

    A Washington federal jury has awarded a real estate photography company more than $8.3 million for its claim that real estate website Zillow used thousands of its photos without permission.

  • February 13, 2017

    Samsung Settles Fight Over Media Delivery Patents

    Texas-based Personalized Media Communications LLC said Monday it reached a licensing agreement with Samsung Corp. that will resolve district court litigation and related Patent Trial and Appeal Board proceedings over several of its media delivery patents.

  • February 13, 2017

    Buyers Want Patent Suit Docs In Asacol Antitrust Suit

    Wholesalers accusing Warner Chilcott of trying to thwart competition for its ulcerative colitis medications asked a Massachusetts federal court on Friday to force the drugmaker to hand over documents from two patent suits involving Delzicol, saying the information is key to their antitrust claims.

  • February 13, 2017

    Wellbutrin Buyers Tell 3rd Circ. Actos Ruling Bolsters Case

    Purchasers of Wellbutrin have told the Third Circuit that their pay-for-delay case against GlaxoSmithKline PLC is supported by a recent Second Circuit ruling that said buyers did not have to rule out possible alternatives when asserting that they paid higher prices because of delayed generic competition for a drug.

  • February 13, 2017

    DC Circ. Affirms Distribution Of Cable TV Royalties

    The Copyright Royalty Board did not make a clear error when it chose a method for distributing cable TV royalties that was based on viewership, the D.C. Circuit held on Friday.

  • February 13, 2017

    College Ban On Pot Group TM Use Unconstitutional: 8th Circ.

    The Eighth Circuit ruled Monday that administrators at Iowa State University violated the First Amendment when they refused to let a marijuana-advocacy student group use the school’s trademarks.

  • February 13, 2017

    McDonald Hopkins Fights DQ Bid In Trade Secrets Suit

    McDonald Hopkins LLC urged a Florida federal judge Friday to toss a natural food store’s bid to disqualify the firm from a trade secrets suit over wellness products, arguing that the store can’t prove that the firm represented it in a previous case or used confidential information against it.

  • February 13, 2017

    Litigation Funder Fights Niro's Damages Claim In Loan Suit

    A U.K. litigation funder suing patent litigator Niro Law Ltd. over its alleged refusal to hand over a cut of its attorneys’ fees to repay millions of dollars in loans urged an Illinois federal judge on Friday to throw out Niro's breach of contract counterclaim, saying the law firm does not claim it suffered actual harm.

  • February 13, 2017

    Goldberg Kohn Adds IP Pro As Practice Head In Chicago

    Goldberg Kohn Ltd. added an intellectual property attorney previously with Marshall Gerstein & Borun LLP as a principal and as head of its intellectual property practice group, the firm has announced.

  • February 13, 2017

    BigLaw Alums Q&A: Munsch Hardt's David Lawrence

    The matters I work on may be smaller individually than they were in BigLaw, but the number and variety of matters is much greater. I have found that a smaller firm allows me greater flexibility to accept clients and matters that BigLaw often overlooks, says David Lawrence, shareholder at Munsch Hardt Kopf & Harr.

  • February 10, 2017

    Court Puffs Up Faegre's Interest Payment To Popcorn Expert

    A New York appeals court Friday doubled the amount of interest Faegre Baker Daniels LLP must pay on an award to a consultant the firm used to review a popcorn product patent, saying the trial court had misinterpreted the monthly rate.

  • February 10, 2017

    Google Hit With $20M Jury Verdict Over Malware Patents

    A Texas federal jury awarded an inventor and the family of his late partner $20 million in damages Friday, after finding Google had infringed on three of their patents for malware protection software.

  • February 10, 2017

    Par Can't Shake Antitrust Suit Over Vasopressin Access

    A New Jersey federal court on Friday refused to throw out Fresenius’ antitrust suit accusing Par Pharmaceutical Cos. of abusing its monopoly on an antidiuretic drug by raising prices and blocking others from entering the market, finding that Fresenius had adequately supported its claims.

  • February 10, 2017

    BIO, PhRMA Back Call For Fed. Circ. To Broaden AIA Estoppel

    Two major drug industry groups urged the Federal Circuit Thursday to expand the reach of the America Invents Act inter partes review estoppel provision, arguing that lower courts have read it too narrowly and are wrongly allowing patent challengers to relitigate invalidity arguments in court.

Expert Analysis

  • 2 Ways Courts Approach Willful Infringement After Halo

    Natalie Hanlon Leh

    Following the U.S. Supreme Court's decision in Halo last year, district courts have taken diverging approaches to the pleading requirements for willful infringement. Some courts set a relatively low bar, and others set a relatively high bar, say Natalie Hanlon Leh and Michael Silhasek of WilmerHale.

  • 4 Factors Influencing Enhanced Damages After Halo

    Donald R. Steinberg

    Although the cases in the six months since the U.S. Supreme Court's Halo decision are few and fact-specific, they provide some insight for when courts will enhance damages under the new law, say attorneys with WilmerHale.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Dance Marches On For Biosimilars In Amgen V. Sandoz

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    Two sections of the Biologics Price Competition and Innovation Act are the subject of writs of certiorari that have just been granted by the U.S. Supreme Court in Amgen v. Sandoz. The need for resolution of ambiguity in the statute is clear, says Scott Pierce of Hamilton Brook Smith Reynolds PC.

  • The Return Of Patent Opinion Letters

    Matthew A. Werber

    Court rulings in the six months since the U.S. Supreme Court's Halo decision reveal a trend — defendants are more incentivized to seek and rely on timely advice from counsel on noninfringement and invalidity. In 2017, more clients will be seeking formal opinion letters and taking remedial actions early on, says Matthew Werber of SpencePC.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • When Making The Sale Isn't 'Offering To Sell'

    JD Wooten

    Is Amazon legally the seller of items made available by third parties on Amazon.com? And is the e-commerce giant liable if those products infringe someone else's patents? A Washington federal court answered no to both questions. As the Federal Circuit considers the case, it must balance patent protection with market access, says JD Wooten of Womble Carlyle Sandridge & Rice LLP.

  • The Fate Of Distribution Rights After Bankruptcy

    Shmuel Vasser

    In Mission Product Holdings v. Tempnology, the bankruptcy appellate panel for the First Circuit held that Section 365(n) did not protect the exclusive distribution rights granted to the licensee of the debtor’s intellectual property, leaving unaddressed the practical implication that an IP license may be rendered worthless without the accompanying distribution rights, say Shmuel Vasser and Andrew Harmeyer of Dechert LLP.