Intellectual Property

  • February 10, 2017

    Jury Hands Intellectual Ventures A Win In Toshiba IP Row

    Toshiba Corp. and one of its units has induced infringement of an Intellectual Ventures patent for an adapter that allows a handheld computer to communicate with multiple attached devices, a Delaware federal jury concluded on Friday.

  • February 10, 2017

    4 Tips For Crafting Effective Post-Halo Opinion Letters

    The U.S. Supreme Court’s Halo ruling, which made it easier for judges to award enhanced damages in patent cases, has reawakened interest among companies in getting noninfringement opinions from counsel as a defense. Here, attorneys discuss how to craft opinion letters to ward off willful-infringement findings.

  • February 10, 2017

    Sandoz Kicks Off Supreme Court Biosimilar Battle

    The Federal Circuit erred by forcing biosimilar makers to win approval before supplying 180-day notice of sales to rivals, Sandoz told the U.S. Supreme Court on Friday, kicking off a showdown with Amgen that has multibillion-dollar stakes.

  • February 10, 2017

    Oracle Says Trial Judge 'Undermined' Google Copyright Case

    Oracle kicked off a hotly anticipated appeal Friday aimed at reviving its $8.8 billion copyright lawsuit against Google, saying jurors sided with the rival company only because a trial judge "undermined" Oracle's case.

  • February 10, 2017

    Patent Holder Demands Fed Circ.'s Reasons For Invalidation

    Leak Surveys Inc. asked the Federal Circuit on Thursday to revisit its decision invalidating parts of two patents on a system for detecting gas leaks, a ruling that had preserved a victory for accused infringer FLIR Systems Inc.

  • February 10, 2017

    PTAB Zaps Patent Covering Hot Pockets Sleeves

    The Patent Trial and Appeal Board invalidated as obvious a food packager’s patent covering cardboard sleeves that encase Hot Pockets and Lean Pockets freezer items, according to a recently unsealed decision.

  • February 10, 2017

    RatnerPrestia, German IP Firm Settle Over Soured Merger

    Boutique IP law firm RatnerPrestia PC agreed to drop fraud and unfair competition claims against German firm Stolmar & Partner filed after failed merger negotiations, according to documents filed in Pennsylvania federal court on Friday.

  • February 10, 2017

    Justices Urged To Ditch USPTO's Review Procedures

    An analytic software developer has asked the U.S. Supreme Court to review an appellate ruling that the U.S. Patent Trial and Appeal Board's final decision in an inter partes review the company requested did not need to address every patent claim it had challenged.

  • February 10, 2017

    1st Circ. Gauges Antitrust Immunity In Enoxaparin Row

    A three-judge First Circuit panel Thursday grilled opposing counsel on what exactly caused the injuries Amphastar alleged in a suit against rival Momenta over generic anticoagulant enoxaparin, and on whether Momenta is protected from the claims by a decades-old antitrust immunity doctrine.

  • February 10, 2017

    Fed. Circ. Clears Actavis In Generic Lialda Patent Suit

    The Federal Circuit ruled Friday that Actavis Inc.’s planned generic version of the bowel disease drug Lialda does not infringe Shire Development LLC’s patent, reversing a lower court’s decision.

  • February 10, 2017

    Fed. Circ. OKs Amazon's Alice Win In Appistry Patent Suits

    A Federal Circuit panel confirmed a pair of Amazon patent wins under the U.S. Supreme Court’s Alice standards on Friday when it affirmed two lower court rulings tossing out infringement allegations from Appistry Inc. over its computing patents.

  • February 10, 2017

    K&L Gates Adds Ex-Dechert, Stadheim Partners In Chicago

    K&L Gates LLP beefed up its Chicago office with the addition of two new partners, the firm said Thursday, including a securities litigation expert from Dechert LLP and intellectual property pro from Stadheim & Grear Ltd.

  • February 10, 2017

    Jawbone Can't Invalidate Three Fitbit Patents, Judge Rules

    A California federal judge rejected on Thursday a bid by wearable technology maker Jawbone to invalidate three of Fitbit's wearable fitness tracker patents at the heart of Fitbit’s infringement lawsuit against the rival device maker, ruling that the patents are sufficiently inventive to be patented and not invalid under the U.S. Supreme Court’s Alice ruling.

  • February 10, 2017

    Steel Co. Urges Fed. Circ. To Uphold ITC's 16-Year Ban

    A U.S. steel company Wednesday urged the Federal Circuit to uphold a decision by the International Trade Commission barring a rival Indian company from importing steel products for more than 16 years for destroying evidence in a trade secrets case.

  • February 10, 2017

    Macy's Stole Ugly Kardashian Christmas Sweater, Suit Says

    The company behind a popular “ugly Christmas sweater” that spoofed an infamous image of Kim Kardashian has filed a copyright infringement lawsuit accusing Macy’s of blatantly copying the design.

  • February 9, 2017

    'Lucifer' Songwriters Hit Warner Bros With Copyright Suit

    Warner Bros. Entertainment Inc. was slapped with a copyright infringement suit Thursday in California federal court by a pair of composers who allege the studio is using without authorization a musical composition they wrote for part of the title theme to drama series "Lucifer."

  • February 9, 2017

    ITC Judge Axes Inequitable Conduct Claims In Krill Oil IP Row

    The U.S. International Trade Commission on Tuesday threw out inequitable conduct claims alleged by a Norwegian fishing company and others in an infringement case brought against them by Aker BioMarine Manufacturing LLC over its krill oil patents, saying the claims had not been pled with enough particularity.

  • February 9, 2017

    9th Circ. Reverses Software Co.'s Loss In Copyright Row

    The Ninth Circuit, in a decision published Thursday, ruled that a steel detailing design company’s possible use of a design software maker’s product without paying for it wasn’t de minimis copyright infringement, reversing a California federal judge’s decision.

  • February 9, 2017

    'As Seen On TV' Marketers Seek Default Against Amazon

    The maker of the Snuggie blanket and other TV products told a New York federal judge in a letter Thursday that Inc. had offered the court “blatant misstatements and patent falsehoods” to explain its belated response to allegations it enabled the sale of counterfeit goods.

  • February 9, 2017

    Appeal Mooted, Fed. Circ. Vacates PTAB Re-Exam Decisions

    The Federal Circuit on Thursday vacated Patent Trial and Appeal Board decisions that reversed a patent examiner’s rejections of claims in two Valspar Sourcing Inc. coating patents, after concluding that a recent covenant not to sue made the appeal moot.

Expert Analysis

  • The Serious And Immense Impact Of A Medical Device Hack

    Charles J. Andres

    A host of different government agencies enforce laws that impose obligations for companies that manufacture and sell medical devices to the public. Attorneys at Wilson Sonsini Goodrich & Rosati PC explore the many different ramifications of a medical device hack and provide some suggestions on planning for and responding to such a breach.

  • Trends In IPR Institution: Part 2 — Inter Partes Art, Arguments

    Virginia L. Carron

    In institution decisions where art or arguments were previously presented during inter partes review, the Patent Trial and Appeal Board regularly identifies eight reasons in considering whether the art or argument are “substantially the same,” say Virginia Carron and Ashley Winkler of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • What To Expect From China’s Anti-Monopoly Law This Year

    Huang Wei

    In 2016, the development of China’s Anti-Monopoly Law was fruitful in all respects, including guideline drafting, public enforcement and litigation. We have nine predictions for 2017, say Huang Wei and Rebecca Yin of Tian Yuan Law Firm.

  • Trends In IPR Institution: Part 1 — Ex Parte Art, Arguments

    Virginia L. Carron

    At times the Patent Trial and Appeal Board will deny inter partes review petitions that raise duplicative attacks based on previously submitted prior art or arguments. While no statute or regulation provides guidance on what constitutes “the same or substantially the same prior art or arguments,” certain factors seem to strongly influence the board’s decision, say Virginia Carron and Ashley Winkler of Finnegan Henderson Farabow Gar... (continued)

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Apparent Settlement Authority In A Paragraph IV Dispute

    Gaston Kroub

    While a patentee settling with multiple defendants at once may be an unusual circumstance, what is even more unusual is where a defendant in a multidefendant case needs to seek judicial intervention to preserve a settlement it had reached with the patentees. The recent decision in Horizon v. Actavis from the District of New Jersey suggests that patentees looking to enforce such a settlement may not be powerless, says Gaston Kroub o... (continued)

  • Acquiring Ownership Rights To Machine Learning Output

    Michael Baumert

    Without certain adjustments, the traditional software licensing model may no longer be appropriate for the licensing of artificial intelligence systems, says Michael Baumert of Mayer Brown LLP.