Intellectual Property

  • July 11, 2017

    Tenn. Judge Cites Gilstrap's Venue Test In Bed Bug IP Suit

    A Tennessee federal court has taken notice of the patent venue test U.S. District Judge Rodney Gilstrap laid out following the U.S. Supreme Court’s TC Heartland decision, citing the judge’s ruling and ordering additional briefing about whether a case over a patent for a bed bug trap should be dismissed.

  • July 11, 2017

    AIA Sponsor Wants Full Fed. Circ. To Weigh On-Sale Bar Rule

    U.S. Rep. Lamar Smith, R-Texas, urged the full Federal Circuit on Tuesday to review a panel decision that the America Invents Act’s on-sale bar rule renders patents invalid if the invention was sold prior to patenting even if the sale did not publicly disclose the invention, saying it’s not what Congress intended.

  • July 11, 2017

    The Firms Filing The Most Copyright Cases

    Once again, the law firms that filed the most copyright suits in the second quarter of 2017 were small, specialized outfits that lodge many infringement cases over a single type of work, such as photography.

  • July 11, 2017

    The Firms Filing The Most Trademark Cases

    The firms filing the most trademark lawsuits over the second quarter of 2017 were once again led by specialized anti-counterfeiting boutiques representing top fashion and apparel brands.

  • July 11, 2017

    The Firms Filing The Most Patent Cases

    The list of law firms that filed the most patent cases in the second quarter of 2017 includes several firms from Texas and Delaware, often representing patent owners in cases against big-name companies over computer technologies or branded drug companies taking on generics makers.

  • July 11, 2017

    Skynyrd Frontman's Widow Says She'd Never Consent To Film

    The widow of Lynyrd Skynyrd frontman Ronnie Van Zant testified Tuesday in a New York federal court that she would never in a million years have agreed to allow the band's former drummer to make a film about the plane crash in which Van Sant and others in the band died, in violation of a 1988 consent order limiting the use of the band's name and history.

  • July 11, 2017

    Ex-Novak Partners Ink Wage Deal, Eye Polsinelli To Collect

    Two former Novak Druce Connolly Bove & Quigg LLP partners have inked a $500,000 settlement in their wage dispute with the troubled firm, and their attorney told Law360 on Tuesday he may pursue their former partners or Polsinelli PC, where many moved, in order to collect.

  • July 11, 2017

    Amazon Wants Its Fed. Circ. IP Win To Be Precedential

    Amazon has asked the Federal Circuit to reissue a nonprecedential decision from May affirming the e-tailer didn’t infringe design patents on stuffed animal pillowcases as precedential, arguing Monday the ruling “adds significantly to the body of law.”

  • July 11, 2017

    Judge Says BigCommerce Patent Suit Should Stay In EDTX

    An infringement suit over a website hosting patent that was filed just weeks before the U.S. Supreme Court’s TC Heartland decision should remain in the Eastern District of Texas, a judge said, finding BigCommerce Inc. lost its chance to fight venue by not raising the issue in earlier filings.

  • July 11, 2017

    FTC Appoints Endo Pay-For-Delay Settlement Monitor

    The Federal Trade Commission on Tuesday approved a monitor to oversee future agreements related to Endo Pharmaceuticals’ resolution of agency claims that it used pay-for-delay settlements to block consumers’ access to generic versions of drugs including Lidoderm.

  • July 11, 2017

    Giganews Says Adult Co. Still Owes $5.6M In Copyright Case

    Giganews and Livewire Services hit Perfect 10 with a suit in California federal court Monday, alleging the adult entertainment company has failed to hand over the more than $5.6 million it was ordered to pay the two companies in 2015 following its failed copyright infringement suit against them.

  • July 11, 2017

    Momenta Tells Jury Amphastar Ripped Off Drug Patent

    Drugmaker Momenta Pharmaceuticals Inc. and its partner in developing the first generic of the blood thinner enoxaparin told a federal jury in Boston on Tuesday that rival Amphastar stole its breakthrough testing technology, costing the Massachusetts company nearly $1 billion.

  • July 11, 2017

    Rupari Says Tony Roma License Deal Should Be Assigned

    Bankrupt barbecued meat distributor Rupari Food Services Inc. said in a reply brief late Monday in Delaware that Tony Roma’s Steakhouse is wrong in its argument that a lucrative licensing agreement for Roma-branded meats cannot be assumed and assigned in Rupari's bankruptcy sale.

  • July 10, 2017

    Christmas Tree Co. Denies Acting Naughty In Atty Hiring

    An artificial Christmas tree-maker said Monday there was nothing Grinch-like in its move to hire a lawyer who used to work with the California federal judge overseeing the company's patent infringement battle, arguing that the judge's subsequent recusal was unnecessary and its opponents' bid to disqualify the attorney unwarranted.

  • July 10, 2017

    French Telecom Co. Stole Facebook Calling App, Jury Told

    A now-defunct San Francisco-based startup told a California federal jury during the first day of trial Monday that Orange SA hacked its proprietary phone application to steal its technology allowing users to call friends through social media sites without their phone numbers, weeks before the French telecom giant launched a similar service with Facebook.

  • July 10, 2017

    Google, 7 Other Tech Giants Form Patent Policy Group

    Google, Amazon, Intel and five other top technology companies joined forces Monday to form the High Tech Inventors Alliance, a group that says it aims to advocate a balanced patent policy.

  • July 10, 2017

    Fed. Circ. Knocks Gilstrap's Denial Of Genband Injunction

    The Federal Circuit on Monday faulted Eastern District of Texas Judge Rodney Gilstrap’s decision not to impose a permanent injunction on Metaswitch after it was found to infringe Genband’s telecommunications patents, saying he possibly used too strict a test to make his decision.

  • July 10, 2017

    Fitbit Sued By Immersion Over 'Haptic' Tech Patents

    Fitbit Inc. was slapped with a patent infringement suit in California federal court Monday from Immersion Corporation that accuses the wearable technology company of illegally using Immersion’s so-called “haptic” feedback technology in its health and fitness devices.

  • July 10, 2017

    Morgan Lewis Lands Eckert Seamans Atty In Pittsburgh

    Morgan Lewis & Bockius LLP announced Monday that it has landed a former leader of the product liability and life sciences groups at Eckert Seamans Cherin & Mellott LLC — who handles competition, intellectual property and other contractual disputes — to serve as a partner in its Pittsburgh office.

  • July 10, 2017

    Abilify Generics Infringe Otsuka Patent, Fed. Circ. Told

    Otsuka Pharmaceutical Co. Ltd. urged a Federal Circuit panel Monday to revive its suit against pharmaceutical companies seeking to market generic versions of the antidepressant Abilify, arguing a New Jersey federal judge ignored what an expert would know about drug dosages.

Expert Analysis

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • A Bipartisan Call For STRONGER Patents

    Chris Coons

    The American patent system has been weakened by recent court decisions and unintended consequences of the post-issuance proceedings at the U.S. Patent and Trademark Office. That is why I introduced the STRONGER Patents Act on Wednesday,​ says Sen. Chris Coons, D-Del.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • How 21st Century Cures Act Affects Combination Products

    Shana Cyr

    One of the more interesting changes under the 21st Century Cures Act for combination products is that certain device applications for drug-device combination products will be subject to some of the Hatch-Waxman Act provisions that typically apply only to drugs, say Shana Cyr and Tom Irving of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Update On Discovery Of Patent Prosecution Communications

    Jeffrey Thomas

    Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.

  • Tough Times For Forum Shoppers

    Lawrence Ebner

    A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Antitrust And Misuse Considerations Following Lexmark

    James Kobak

    Since the U.S. Supreme Court's recent Lexmark decision held contractual limitations to be outside the scope of a patentee’s rights under the patent law, restrictions on sales of patented objects will be subject to unfair competition, antitrust and patent misuse law, says James Kobak, general counsel of Hughes Hubbard & Reed LLP.

  • 10 Problems To Avoid In Social Media Influencer Marketing

    Neal Tabachnick

    Most social media influencers are young and successful, a combination that can create great opportunity for your company, as well as major pitfalls. Some contract provisions can help keep things on track, says Neal Tabachnick of Wolf Rifkin Shapiro Schulman & Rabkin LLP.