Intellectual Property

  • November 7, 2017

    2 Seasoned IP Litigators Join Fish & Richardson

    Fish & Richardson PC boosted its ranks recently by bringing onboard a pair of experienced intellectual property and patent trial attorneys as the two new principals of its litigation groups in the firm’s Boston and Houston offices, according to a statement on Tuesday.

  • November 7, 2017

    Medtronic, Others Beat Catheter IP Suits With TC Heartland

    A Wisconsin federal judge on Tuesday tossed suits against Medtronic, Boston Scientific Corp. and others over alleged infringement of a cardiac catheter patent, finding none of the defendants had a regular place of business in the district as required by the U.S. Supreme Court’s TC Heartland decision.

  • November 7, 2017

    Vodka Maker Can't Get A Jury In TM Suit Against Beam

    The maker of Johnny Love Vodka is not entitled to a jury trial in its yearslong suit over Beam Inc.’s use of a lipstick imprint on its flavored vodka products, a Nevada federal judge ruled Tuesday, saying neither federal law nor the U.S. Constitution allows for a jury trial in the trademark infringement suit.

  • November 7, 2017

    Emeril Producer Sues Fla. House To Guard 'Trade Secrets'

    A television producer and his company are asking a state court to block a Florida House subpoena for records related to a television series they made with celebrity chef Emeril Lagasse with funding from the state's tourism arm, saying lawmakers have demanded trade secrets and confidential business information.

  • November 7, 2017

    IBM, Microsoft Say PTAB Should Have KO'd Webpage Patents

    IBM and Microsoft urged a Federal Circuit panel Tuesday to upend webpage loading patents kept intact by the Patent Trial and Appeal Board, contending in oral arguments that the patents asserted against them in infringement litigation are too close to prior technology.

  • November 7, 2017

    Fish & Richardson Ends TM Fight With Smaller 'Fish' Firm

    A California law firm that recently changed its name to Fish IP Law LLP has dropped a preemptive lawsuit after receiving assurances that Fish & Richardson PC would not sue for trademark infringement, the smaller firm told Law360 on Tuesday.

  • November 7, 2017

    Insurer Says It Doesn't Owe For Eatery's 'Pizza Puff' TM Row

    General Star Indemnity Co. on Tuesday sued its client Sharks Fish & Chicken, a Chicago-area chain restaurant, seeking a declaratory judgment that it does not have to cover Sharks in an underlying suit in which the restaurant and its parent company Panther Wholesale Inc. were accused of infringing a trademark for a "pizza puff."

  • November 7, 2017

    TC Heartland Won't End EDTX's Influence Over Patent Law

    The Eastern District of Texas is no longer the top patent venue after the U.S. Supreme Court put limits on where such suits can be brought in its landmark TC Heartland decision in May, but the district's chief judge and many attorneys in Texas insist it will continue to play an instrumental role in patent litigation and could see benefits from a lighter docket.

  • November 7, 2017

    Biz Lobby Wants Trade Secrets High On USTR Agenda

    A collection of 10 influential technology and business associations pressed U.S. Trade Representative Robert Lighthizer to make the protection of industrial trade secrets abroad a top priority for the White House, suggesting that the time is right for a serious dialogue on the issue with major partners.

  • November 6, 2017

    Cargo Pay Co. Says Ex-Exec Stole Secrets To Start Rival

    Coihue LLC and its online payment platform PayCargo LLC, which caters to the shipping industry, told a Florida federal judge on Friday that a former executive and his business consultant stole their business information and copied their software to start a rival company.

  • November 6, 2017

    Calif. Judge Pares Claims In Spat Over Golf Club Design IP

    A California federal magistrate judge on Friday trimmed consolidated litigation involving competing claims over the alleged theft of designs for a golf club and a golf training aid, finding — among other holdings — that Golf Tailor LLC and its CEO didn’t show their trade secrets were misappropriated, while leaving the door open for revisions.

  • November 6, 2017

    Dish Data Compression Patent Row Ends In Joint Dismissal

    A patent infringement case brought against Dish Network Corp. and its subsidiaries by cloud backup company Realtime Data LLC over data compression technology has likely reached its conclusion after the parties filed for joint dismissal Monday in Texas federal court.

  • November 6, 2017

    Fed. Circ. Partly Reverses PTAB Ruling In USB Patent Case

    The Federal Circuit on Monday largely upheld a mixed outcome from the Patent Trial and Appeal Board’s review of a Pavo Solutions LLC patent for a USB device, although the court reversed the board’s finding that a handful of claims would have been obvious.

  • November 6, 2017

    Bayer Urges High Court To Deny Dow Appeal Of $455M Award

    Two Bayer AG subsidiaries have urged the U.S. Supreme Court not to take up Dow AgroSciences LLC’s challenge to a $455 million arbitral award over infringement of weed control patents, saying the Federal Circuit properly understood its review of the award to be narrow.

  • November 6, 2017

    Internet Co. Disputes Yahoo Claim TC Heartland Changed Law

    Internet advertising company AlmondNet Inc. has urged the Federal Circuit to ax Yahoo’s appeal of a patent suit in which the web services provider’s motion to transfer was denied by a federal judge, saying a lower court properly rejected Yahoo’s claim the U.S. Supreme Court's decision in TC Heartland changed the law governing jurisdiction in patent cases.

  • November 6, 2017

    Medical Device Co. Accused Of Infringing RFID Patent

    Olive Shade LLC on Monday hit medical device maker Medacta USA Inc. with a patent infringement suit in Illinois federal court over its alleged use of patents held by Olive Shade in an RFID-enabled medical supply case.

  • November 6, 2017

    HTC Hit With Patent Suit Over Phone Display Technology

    HTC Corp. copied patented technology for a smartphone display screen that refreshes based on how or where the phone is being used, according to a suit in California federal court Friday that says the feature infringed three patents.

  • November 6, 2017

    Honest Co. Accuses Toymaker Of Filching Designs

    The Honest Co. says its former landlord and co-tenant, toy company Jakks Pacific Inc., ripped off Honest's trademarked name and floral designs to sell baby and toddler toys under an "Honestly Cute" brand, according to an infringement suit filed in California federal court Friday.

  • November 6, 2017

    Wrestler Admitted Atty Solicitation In Podcast, WWE Says

    Former professional wrestler Marcus “Buff” Bagwell said in a podcast interview last year that he would not have sued World Wrestling Entertainment Inc. had he not been solicited on the phone by a Chicago lawyer, according to a federal filing in Connecticut on Monday by the wrestling entertainment giant.

  • November 6, 2017

    Judge Chops Christmas Tree Patent Suit Before Holidays

    Christmas has come early for an artificial Christmas tree maker involved in a patent dispute with a rival, after a California federal judge determined Friday that its trees do not literally infringe the rival’s patents, nor is there infringement under the doctrine of equivalents.

Expert Analysis

  • New Jersey Whistleblower Protections: More Than Skin-Deep

    Matthew Stiff

    The Third Circuit recently reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. Steven Trzaska’s victory should provide whistleblowers with greater assurance that they can investigate and oppose employer misconduct without fear of retaliation, says Matthew Stiff of Katz Marshall & Banks LLP.

  • BPCIA At Fed. Circ.: Awaiting Guidance On Patent Dance

    Tasha Francis

    The Federal Circuit heard arguments last week in Amgen v. Apotex, a case that has the potential to shape Biologics Price Competition and Innovation Act litigation and factor into a biosimilar manufacturer’s decision to engage in the patent dance, say Tasha Francis and Jenny Shmuel of Fish & Richardson PC.

  • Gorilla Glue Case Shows Cannabis IP Is Not Sticking

    Thomas McMahon

    Last week's trademark settlement between adhesives company Gorilla Glue and cannabis company GG Strains is the latest in a string of settlements that show there is marketplace precedent but no reliable legal precedent for cannabis brands registering and enforcing their own trademarks, say Thomas McMahon and Lauren Estevez of Margolin & Lawrence.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Trademark World Can Learn From Nobel-Winning Economist

    Richard Kirkpatrick

    When the "bounded rationality" work of Richard Thaler — who was recently awarded the Nobel Prize in economics — is imported into the trademark realm, trademark jurisprudence may start understanding that consumers respond to brands not only with their heads but also with their hearts, says Richard Kirkpatrick of Pillsbury Winthrop.

  • Venue Transfers Within East Texas: The Case To Know

    Matthew Zorn

    Following the recent Cray ruling on patent venue, companies that have physical presences in the northern Dallas suburbs and are subject to infringement suits in the Eastern District of Texas may want to consider transfer to the Sherman Division under a Fifth Circuit case rarely invoked in patent cases — Radmax, says Matthew Zorn of Yetter Coleman LLP.

  • Insights On Protecting Referral Sources With Noncompetes

    Leonard Samuels

    The Florida Supreme Court's recent decision in White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy v. Hiles recognizes that referral sources are the lifeblood of the home health care business and worthy of protection. The ruling should be viewed as a strong statement by the court that restrictive covenants will be enforced to prevent unfair competition, says Leonard Samuels of Berger Singerman LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Defensive Patenting Strategies For Blockchain Innovators

    Leslie Spencer

    In response to blockchain patenting activity, blockchain companies and other stakeholders have begun collaborating to develop a patent pledge or patent pool for patents related to blockchain technology, say Leslie Spencer and Marta Belcher of Ropes & Gray LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.