Intellectual Property

  • March 14, 2017

    No New Trial, No Atty Fees In $15M Finjan IP Win, Judge Says

    Six months after a California federal jury found that cybersecurity firm Sophos infringed Finjan’s patents and awarded $15 million in damages, the judge overseeing the case on Tuesday denied Sophos' motion for a new trial but also Finjan's motion for attorneys' fees, saying it wasn’t an exceptional case.

  • March 14, 2017

    Coachella Hits Urban Outfitters, Free People With TM Suit

    The Coachella Music Festival accused Urban Outfitters Inc. and its Free People unit of selling clothes marketed under the Coachella name aimed at its concertgoers, according to a suit filed in California federal court Tuesday.

  • March 14, 2017

    Cox Tells Justices Fed. Circ. Flouted Law In Sprint Case

    Cox Communications told the U.S. Supreme Court on Monday that the Federal Circuit has created "troubling exceptions" to two settled rules in patent law regarding indefiniteness, urging the justices to take up a case involving Sprint communication network patents.

  • March 14, 2017

    IP Management Co. Inks $5.6M Patent Fees Class Action Deal

    Intellectual property management firm CPA Global has agreed to pay a class of companies $5.6 million to settle allegations brought by California-based medical diagnostics company Run Them Sweet that CPA overcharged clients for fees on filing patent applications, according to documents filed in Virginia federal court Monday.

  • March 14, 2017

    Chicago Firm, Attys Still On The Hook In Malpractice Suit

    An Illinois federal judge on Tuesday threw out some claims against Chicago law firm Strauss & Malk LLP and two attorneys over their handling of a businessman’s suit against a former partner, but held on to a majority of other allegations after finding it plausible the trio failed to bring viable claims on behalf of their client.

  • March 14, 2017

    McCartney 'Forum Shopping' In Beatles Suit, Sony/ATV Says

    Music publisher Sony/ATV moved Monday to kill a lawsuit filed by Paul McCartney over the rights to hundreds of Beatles songs, saying the rock legend’s case was both premature and a clear case of “forum shopping.”

  • March 14, 2017

    Judge Won't Increase Sprint's $140M Patent Win Over TWC

    A Kansas federal judge has refused to multiply the nearly $140 million in damages that a jury awarded Sprint Communications Co. earlier this month when it found that Time Warner Cable Inc. willfully infringed five patents covering technology for Internet-enabled phone calls.

  • March 14, 2017

    Comcast Loses Round In Fight Over 10 Set-Top IP Claims

    A California federal judge killed the bulk of a Comcast unit’s suit seeking a ruling that it didn’t infringe 13 patents related to set-top boxes, finding the company hadn’t pled any facts to show it shouldn’t be on the hook for infringing 10 of the patents, while putting a stay on the rest of them, according to an order on Monday.

  • March 14, 2017

    Mylan, Genentech Strike Deal For Herceptin Biosimilar

    Mylan NV on Monday said it has agreed to drop its challenge of two Genentech Inc. patents related to the cancer biologic Herceptin as part of a deal that will get Mylan an exclusive license to sell its biosimilar trastuzumab across the globe.

  • March 14, 2017

    Judge Axes Icon Patent In Heart Monitor Case Under Alice

    A Utah federal judge has ruled that an Icon Health & Fitness patent on providing feedback based on physical characteristics such as heart rate, asserted against a Polar Electro heart monitor, is invalid under the U.S. Supreme Court’s Alice ruling for claiming only abstract ideas.

  • March 14, 2017

    NFL Online Media Arm Aims To Elude Streaming Patent Claims

    The NFL's online media arm on Monday urged a Texas federal court to toss most of the counts in a patent suit brought by a subsidiary of the Kudelski Group, arguing the asserted patents cover generic claims for processes commonly performed by humans.

  • March 14, 2017

    Motorola Hits China's Hytera With Patent, Trade Secrets Suit

    Motorola Solutions Inc. sued Hytera Communications Corp. Ltd. in Illinois federal court Tuesday over allegations the Chinese radio manufacturer copied its digital two-way radio technology and infringed several Motorola patents.

  • March 14, 2017

    Fed. Circ. Rules PTAB Wrongly Nixed Nidec Motor Patent

    The Federal Circuit on Tuesday reversed the Patent Trial and Appeal Board’s decision in an inter partes review that a Nidec Motor Corp. patent on torque control technology is invalid as anticipated, finding that the decision was not supported by the evidence.

  • March 14, 2017

    Marilyn Monroe IP Countersuit Over Images Gets Trimmed

    A New York federal judge on Monday trimmed a countersuit accusing the purported Marilyn Monroe estate of monopolizing the starlet's trademarked name and images, finding that some of the trademark and antitrust claims have enough support to take to trial.

  • March 14, 2017

    Vendors Can Intervene To Shield IP In Pa. Shell Permit Row

    A Pennsylvania judge has set legal precedent after ruling that an interest in protecting confidential business information allowed a group of vendors to intervene in a dispute over air permits issued for a $2 billion ethane gas complex under development by a Royal Dutch Shell PLC unit.

  • March 14, 2017

    FTC Fights Impax Bid For Fees In Pay-For-Delay Case

    The Federal Trade Commission has argued it cannot be placed on the hook for legal fees and litigation costs after voluntarily dismissing a pay-for-delay suit in Pennsylvania federal court against Impax Laboratories and others over generic versions of an extended-release opioid.

  • March 14, 2017

    $1M Award Tossed In Motorcycle Rally TM Dispute

    A South Dakota federal court has rescinded nearly $1 million in damages from a jury verdict against Wal-Mart Stores Inc. and a Midwest souvenir distributor in a trademark dispute over memorabilia for a popular motorcycle rally in the Black Hills.

  • March 14, 2017

    Digital Audio Gives Up Oft-Asserted Patent Amid Challenges

    Digital Audio Encoding Systems LLC has abandoned a widely asserted patent related to audio signals after the patent was challenged in America Invents Act reviews by two defensive patent groups, according to Monday documents at the Patent Trial and Appeal Board.

  • March 14, 2017

    Fed. Circ. Affirms Nixing Of Legal Data Patent Under Alice

    The Federal Circuit on Tuesday affirmed an Illinois federal court’s ruling that a patent covering a method of managing electronically stored information during litigation that was asserted against Hewlett-Packard Co. is invalid under the U.S. Supreme Court’s Alice ruling for claiming only an abstract idea.

  • March 14, 2017

    Photog Sues Over Famed Image Of Baseball Fight

    A Dallas sports photographer is suing over unauthorized copies of a widely distributed image of Texas Rangers baseball player Rougned Odor and his infamous punch to the face of Jose Bautista of the Toronto Blue Jays.

Expert Analysis

  • A Review Of Patent Owners' Early Expert Testimony At PTAB

    Harper Batts

    Last year, the Patent Trial and Appeal Board began allowing expert declarations in patent owner preliminary responses to inter partes review and covered business method petitions. In this article, Harper Batts and Chris Han of Baker Botts LLP look at how patent owners have utilized expert declarations with preliminary responses, and how the PTAB has relied upon such expert testimony at the institution decision stage.

  • Leveraging Trademark Law To Commercialize A Meme

    Catherine V. Riley

    Memes provide an enticing marketing opportunity, but navigating commercialization is complicated. If you have the luck and creativity to create a viral meme, using trademark protection, while still promoting its continued fair use, may be an effective route for ultimately capturing its commercial value, say Catherine Riley and Dorna Mohaghegh of Frankfurt Kurnit Klein & Selz PC.

  • Civil Litigation Outlook For 2017

    Reid Schar

    Several areas of civil litigation appear poised for growth this year, including securities class action activity, which could outpace even the significant 2016 levels, and trade secret litigation, which could see further growth in the coming year under the Defend Trade Secrets Act. Meanwhile, as companies increasingly face the specter of data breaches, several developments in 2017 could bring greater clarity to this area of the law... (continued)

  • Checking In On ITC Pilot Program For Redesigns

    Brian Busey

    The U.S. International Trade Commission has issued four decisions under its pilot program for expedited rulings on whether ITC exclusion and cease-and-desist orders cover redesigns or new products. The speed with which proceedings have progressed may encourage parties to make greater use of the program in the future, say Brian Busey and Aaron Rauh of Morrison & Foerster LLP.

  • Texas' Secret Weapon To Keep Ex-Employees Honest

    Arthur V. Lambert

    Many employers believe expensive litigation is their only option when an employee defects to a competitor or takes off with proprietary company information. However, small- and mid-sized companies may be best suited to leverage Rule 202 of the Texas Rules of Civil Procedure because it allows them to investigate possible trade secret claims before filing a lawsuit, says Arthur Lambert of Fisher Phillips.

  • US Patent Practice Drifting Toward Approach Prevalent Abroad

    Gurneet Singh

    Post-Alice cases on technical problems and technical solutions show that a problem-solution standard similar to the one adopted in Europe, Australia, China and Japan is seeing express endorsement by U.S. courts adjudicating Section 101 challenges, say Gurneet Singh and Harold Laidlaw of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • Personal Jurisdiction Takeaways From Fed. Circ. In Xilinx

    Phillip Articola

    The Federal Circuit's decision Wednesday in Xilinx v. Papst serves as a lesson to patent owners that if they do not want to be hauled into potentially unfavorable jurisdictions to defend declaratory judgment actions, they should be careful as to what actions they perform in those jurisdictions, says Phillip Articola of Banner & Witcoff Ltd.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Next Steps After Broad Institute's Big Gene-Editing Patent Win

    Brian W. Nolan

    The technology at the center of the Broad Institute v. University of California dispute is a gene-editing tool, and the decision could leave the winner holding a patent portfolio worth billions of dollars. The Patent Trial and Appeal Board handed the Broad Institute a resounding victory on Wednesday, and one may question whether UC can succeed at the Federal Circuit, say Brian Nolan and Colleen Tracy James of Mayer Brown LLP.