Intellectual Property

  • May 16, 2017

    Apple Ordered To Turn Over Details Of Unreleased Products

    Apple must turn over documents requested by Nokia that disclose details of unreleased iPhones and iPads, a U.S. International Trade Commission judge has ruled in a patent infringement probe, saying Apple is "not unique" in its desire to keep future products under wraps.

  • May 16, 2017

    Sony Hit With Patent Suit Over Virtual Reality Tech

    A patent holding company hit Sony Corp. with an infringement suit in Delaware federal court Monday, alleging the tech giant’s PlayStation virtual reality headsets infringe two patents.

  • May 16, 2017

    Tony Roma's Objects To Rupari Ch. 11 Licensing Assignment

    The parent company of the Tony Roma’s Steakhouse chain objected Tuesday to the inclusion of a product licensing agreement between the chain and bankrupt meat distributor Rupari Food Services Inc. in the debtor’s list of contracts to be assumed and assigned in a Chapter 11 asset sale.

  • May 16, 2017

    PTAB Should Work To Reduce Inconsistencies, Attys Say

    Attorneys navigating the intellectual property landscape in the wake of the America Invents Act agreed Tuesday that the Patent Trial and Appeal Board remains fair to patent holders but that improvements are needed to make proceedings more consistent across the body of nearly 300 judges.

  • May 16, 2017

    Court Won't Freeze Comcast's Rovi Patent Row In NY

    A New York federal court said Monday that it will not disturb its decision allowing Rovi Corp. to pursue patent litigation against Comcast before the International Trade Commission in a dispute over patents for on-screen TV programming guides.

  • May 16, 2017

    Sears, Supplier Hit With $6M Verdict In Wrench Rip-Off Suit

    An Illinois federal jury awarded a small Chicago-area business almost $6 million after finding Sears Holdings Corp. and Apex Tool Group LLC infringed two patents for a hybrid pliers-wrench tool, in what the business owner called a “David vs. Goliath case.”

  • May 16, 2017

    Tech Giants Press Lighthizer To Liberalize Digital Trade Rules

    A coalition of technology behemoths began making overtures to newly minted U.S. Trade Representative Robert Lighthizer on Tuesday, laying out their priorities for the country’s digital trade policy, including loose data flow rules, balanced intellectual property provisions and a trimming of customs red tape.

  • May 16, 2017

    Merck Seeks OK For $60M Settlement In Pay-For-Delay Row

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have agreed to pay $60.2 million to resolve long-running multidistrict litigation accusing them of a pay-for-delay scheme for the potassium supplement K-Dur, according to a motion Monday asking a New Jersey federal judge to bless the settlement.

  • May 16, 2017

    Snowplow Co.'s Redo Bid Stretches PTAB Limits, Judge Says

    A Wisconsin federal judge clarified his April decision that a company accused of infringing a snowplow mount patent may only appeal defenses included in an inter partes review rejected by the Patent Trial and Appeal Board, asserting on Tuesday that the company was entitled to meaningful judicial review of every ground of invalidity presented to the board.

  • May 16, 2017

    Netflix Fights Bankrupt Film Studio's Suit Over Streaming

    Netflix Inc. on Tuesday urged a California judge to toss a bankrupt film studio’s breach of contract suit alleging that Netflix attempted to stream the studio's films for free by circumventing theatrical releases necessary to determine licensing fees, arguing that a bankruptcy court had already litigated the dispute.

  • May 16, 2017

    9th Circ. Says 'Google' Is Not Generic Trademark

    The Ninth Circuit ruled Tuesday that “Google” has not become a generic trademark like "aspirin" or "thermos," rejecting a case claiming the tech giant had lost control of the name because of widespread use of “google” as a verb.

  • May 16, 2017

    Chinese Manufacturer Dinged $6.4M Over Trailer Trademarks

    An Oregon federal judge on Monday levied $6.4 million in sanctions against a Chinese manufacturing company accused of making and selling utility trailers that infringe the trademarks and copyrights of the trailers' designer who brought the suit for violating a permanent injunction, saying the amount is reasonable.

  • May 16, 2017

    PTAB Not Mowing Down Patents, USPTO Head Says

    U.S. Patent and Trademark Office Director Michelle K. Lee on Tuesday stood by the fairness of intellectual property challenges under the more than 5-year-old America Invents Act and the Patent Trial and Appeal Board processes it created, arguing that despite appearances, the PTAB is not predisposed against patents.

  • May 16, 2017

    Oakley Capital Takes Majority Stake In IP Consulting Biz

    An investment vehicle run by Bermuda-based private equity firm Oakley Capital Investments Ltd. has agreed to buy a majority stake in Ottawa-headquartered TechInsights, which provides intellectual property consulting, patent brokerage and technical reverse engineering services, the companies said on Tuesday.

  • May 16, 2017

    Dilworth Paxson Nabs Gibson Dunn IP Pro In NY

    A former Gibson Dunn & Crutcher LLP partner has jumped to Dilworth Paxson LLP in New York, bolstering the firm’s intellectual property and emerging company practice with a background that includes cutting-edge work on artificial intelligence, blockchain, risk-related technologies and cybersecurity.

  • May 16, 2017

    Scientific Games Aims To Exclude Testimony In Antitrust Row

    Scientific Games Corp. on Monday asked an Illinois federal judge to exclude the opinion of an expert witness in an automatic card-shuffling company's antitrust suit claiming the gaming technology company tried to defraud the U.S. Patent and Trademark Office, arguing that the expert’s opinions are not relevant.

  • May 16, 2017

    Facebook, Google Call 9th Circ. Moderator Ruling A 'Threat'

    Facebook, Google and other tech giants are urging the full Ninth Circuit to rethink a ruling last month that websites can lose copyright safe harbor immunity if they use “community moderators,” warning that the decision has already led to “tremendous uncertainty” online.

  • May 15, 2017

    Snapchat Says Vaporstream's Message Patents Not Inventive

    Snapchat urged a California federal judge Monday to toss Vaporstream’s patent infringement suit, saying the confidential communication company’s patents for “reducing traceability” of an electronic message are invalid under Alice because they cover an abstract idea on a generic computer without adding anything inventive.

  • May 15, 2017

    Plant Co. Wins $900K In Website Copyright Jury Trial

    A Maryland federal jury on Friday found that a garden center in the state had stolen nearly two dozen copyrighted photographs from landscaping plant company Under A Foot’s website and marketing materials, and awarded the landscaping company $900,000 in damages.

  • May 15, 2017

    Nokia, InterDigital End IP Row As Microsoft Drops FRAND Suit

    InterDigital Communications Inc. agreed to drop infringement claims over a wireless technology patent against Nokia Inc. in Delaware federal court Monday after the patent was found invalid, while Nokia parent Microsoft agreed to drop antitrust claims against InterDigital over an alleged failure to offer fair licensing terms.

Expert Analysis

  • Antedating References At PTAB: Trends And Pitfalls

    Christopher Cherry

    Generally, Patent Trial and Appeal Board decisions concerning antedating references turn on the sufficiency of the evidence submitted by patent owners, say attorneys with Buchanan Ingersoll & Rooney PC.

  • Ex Parte Seizures Under DTSA: A 1-Year Update

    Jay D. Hermele

    Despite the potential for the Defend Trade Secrets Act to grant severe remedies to plaintiffs in federal trade secret claims, in the year since its implementation, the limitation of ex parte seizure to “extraordinary circumstances” may not provide plaintiffs with the leverage they initially anticipated, say Jay Hermele and Abigail Brown of Moye White LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Rebuttal

    The Limitations Of Analytical Approach To Reasonable Royalty

    Alan J. Cox

    A recent Law360 guest article suggests that the analytical approach “may be a helpful tool in the complex analysis often required to determine a reasonable royalty.” In fact, the actual implementation of the analytical approach has little basis in business practice or in economics, and is generally inappropriate for the valuation of intellectual property, says Alan Cox, chairman of NERA Economic Consulting's IP practice.

  • Real-World IP Tools In Virtual Worlds

    Elizabeth D. Ferrill

    Nonmillennials usually approach things like virtual reality from the perspective of what we know as the “real” world. We compare objects and interactions with how they would be if generated by Mother Nature. This is the greatest challenge for intellectual property professionals working in a virtual environment, say Elizabeth Ferrill of Finnegan Henderson Farabow Garrett & Dunner LLP and Joacim Lydén of Awapatent.

  • A Rising Tide Of Proposed Chemical Disclosure Laws

    Thomas A. Manakides

    The Cleaning Product Right to Know Act of 2017 was recently introduced in California and is intended to require manufacturers to disclose the ingredients in their cleaning products. The bill contributes to the increasing legislative trend in California — and elsewhere — of consumer product right-to-know initiatives, say Thomas Manakides and Krista deBoer of Gibson Dunn & Crutcher LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Rebuttal

    The State Of The IP Boutique — Don't Forget Copyright, TM

    Peter S. Sloane

    I read with great interest the two-part Law360 guest article on the state of the intellectual property boutique and the rebuttal from the perspective of general practice firms. But both articles, while well-written and ably supported, overlook the importance of trademark and copyright practices and the many lessons that can be learned from the new crop of IP boutiques, says Peter Sloane, chairman of Leason Ellis LLP's trademark and... (continued)

  • Equitable Estoppel May Be The New Laches Defense

    Ann G. Fort

    The U.S. Supreme Court's recent decision in SCA Hygiene rejected the equitable defense of laches in some patent cases, but equitable estoppel may still be a defense within the six-year patent statute of limitations. Defendants have invoked successfully the equitable estoppel defense in situations where laches is now barred, say attorneys with Eversheds Sutherland (US) LLP.

  • How Eliminating Agency Deference Might Affect PTAB And ITC

    Matthew G. Berkowitz

    Newly sworn-in U.S. Supreme Court Justice Neil Gorsuch penned a now-famous Tenth Circuit concurrence last year questioning whether deference doctrines are consistent with constitutional separation of powers. More recently, the U.S. House passed legislation to eliminate many applications of Chevron and Auer deference. This would have profound effects on patent-related administrative proceedings, say Matthew Berkowitz and Patrick Col... (continued)