Intellectual Property

  • March 16, 2017

    Baker Botts Adds 2 Corporate Pros To Palo Alto Office

    Baker Botts announced Thursday it has added two attorneys to the corporate practice of its Palo Alto, California, office, with cross-border transaction pro Yan Zhang joining as a partner and former in-house tech company counsel Cynthia Cole coming on as special counsel.

  • March 16, 2017

    Q&A Site Quora Alleges Quora Technology Infringes Its TMs

    Online question-and-answer service Quora Inc. filed suit in California federal court on Wednesday against a Silicon Valley neighbor, semiconductor materials company Quora Technology Inc., alleging the semiconductor company's “Q” logo infringes the question-based social network's own trademarked “Q” logo and has confused customers.

  • March 16, 2017

    Breitbart Stole Immigration Photo, Suit Says

    Conservative website Breitbart News was hit with a copyright lawsuit Wednesday from a photojournalist who claims the site used his image of Mexican immigrants crossing the border without his permission.

  • March 16, 2017

    TV Patent Suit Not Ready For Prime Time, Magistrate Says

    CNN’s parent company and other media firms should not have to face an infringement suit over three patents that let viewers switch TV channels, an Eastern District of Texas magistrate judge has recommended, saying one patent was expired when issued and the other two don't extend to online videos as the plaintiff had argued.

  • March 16, 2017

    Warner Chilcott Wins Discovery In Loestrin Pay-For-Delay MDL

    A Rhode Island federal judge on Wednesday granted a discovery bid by Warner Chilcott PLC and others in multidistrict litigation over alleged pay-for-delay settlements for the contraceptive Loestrin, as they look to gather information from a group of pharmacy buyers to determine whether they were able to sell alternatives to Loestrin to patients.

  • March 16, 2017

    Contract Confusion Can't Sink Drug Patent Row, Judge Says

    A New Jersey federal judge on Wednesday declined to toss claims in a patent infringement lawsuit over the blood thinner Angiomax, ruling that it wasn’t clear if the plaintiff’s exclusive rights over the drug’s license survived the termination of the parties’ contracts.

  • March 16, 2017

    AstraZeneca, Zydus Reach Deal To End Nexium IP Suit

    AstraZeneca AB and Zydus Pharmaceuticals USA Inc., an American subsidiary of Indian drugmaker Zydus Cadila, have settled a New Jersey federal lawsuit alleging that Zydus' plans to manufacture generic versions of Nexium infringe AstraZeneca’s patents on the heartburn drug.

  • March 16, 2017

    Herman Miller, Office Star Duel Over Trade Dress Rulings

    Months after a California federal jury found that Office Star ripped off the overall look of furniture company Herman Miller Inc.’s famous Eames office chairs and awarded Herman Miller $8.4 million, Herman Miller said it wants an additional infringement ruling and Office Star argued that the Eames trade dresses are invalid.

  • March 15, 2017

    Dow Hits Teva, Actavis With Suit Over Generic Acne Med

    Dow Pharmaceutical Sciences Inc. and Valeant Pharmaceuticals slapped Actavis Laboratories UT Inc. with a patent infringement suit in New Jersey federal court Wednesday over Actavis’ abbreviated new drug application to market a generic form of Valeant anti-acne gel Onexton.

  • March 15, 2017

    Versata Patent Targeted By Ford Ineligible For CBM Review

    The Patent Trial and Appeal Board declined Wednesday to institute an America Invents Act covered business method review of a Versata Development Group Inc. software patent that was challenged by Ford Motor Co., finding the patent was not eligible for the review program.

  • March 15, 2017

    9th Circ. Sends Pre-1972 Song Fight To Calif. High Court

    The Ninth Circuit on Wednesday asked California’s highest court to weigh in on whether radio services like Pandora Media Inc. must pay millions in new royalties to stream songs recorded before 1972.

  • March 15, 2017

    Fed. Circ. Affirms Credit Report Patent Invalid Under Alice

    The Federal Circuit on Wednesday affirmed a lower court's ruling that a FormFree Holdings Corp. patent on technology for providing credit reports is invalid for claiming only abstract ideas, going so far as to call the patent "the height of abstraction."

  • March 15, 2017

    Kirkland, Quinn Attys Join New Firm Pierce Sergenian

    The two-month-old litigation law firm Pierce Sergenian LLP has hired a Kirkland & Ellis partner and Quinn Emanuel counsel to join its fast-growing team of high-stakes trial lawyers practicing out of its Los Angeles office, the firm said.

  • March 15, 2017

    MasterCard Drops $5M Nike Cyber Talent-Poaching Suit

    A New York federal judge has signed off on MasterCard International Inc.’s voluntary dismissal of a $5 million talent-poaching suit against Nike Inc. that accused the sportswear company of luring top cybersecurity talent away from MasterCard in violation of noncompetition agreements.

  • March 15, 2017

    Full Fed. Circ. Urged To Look At AIA Review Constitutionality

    The owner of an LCD technology patent invalidated by Sony and Epson at the Patent Trial and Appeal Board doubled down Wednesday on its efforts to get the full Federal Circuit to review whether America Invents Act reviews are constitutional, saying confusion surrounding prior rulings must be remedied.

  • March 15, 2017

    There's More On USTR's Plate Than New Tariffs And NAFTA

    Most of the Trump administration's trade policy has focused on overhauling the North American Free Trade Agreement and imposing punitive tariffs, but Tuesday's hearing to consider a new U.S. trade representative brought to light the litany of other trade issues facing the White House.

  • March 15, 2017

    Sonos Audio Patents Pass Alice Test, Judge Says

    Audio equipment manufacturer D&M Holdings Inc. has lost a challenge to four Sonos Inc. patents that it has been accused of infringing, after a Delaware federal judge ruled that the patents are not invalid under the U.S. Supreme Court’s Alice decision.

  • March 15, 2017

    'Presumption Of Validity' Barred From Cialis Patent Trial

    A federal judge in Texas has barred the phrase “presumption of validity” from an upcoming patent infringement trial over Eli Lilly and Co.’s erectile dysfunction drug Cialis, saying the wording could trip up the jury.

  • March 15, 2017

    Aykroyd's Skull Vodka Co. Tells Jury Rival Made Knockoffs

    The maker of actor Dan Aykroyd's Crystal Head Vodka told a California federal jury during Wednesday's opening statements in the trade dress infringement case that a rival spirits company is selling tequila in a “cheap knockoff” of its distinctive skull-shaped bottle.

  • March 15, 2017

    La-Z-Boy Blasts '11th-Hour' Rulings In IP Retrial Bid

    La-Z-Boy Inc. urged a Florida federal judge on Tuesday to grant it a new trial after being hit with a $6 million verdict for failing to pay an automated footrest inventor royalties for using its patented technology, saying the court's "11th-hour decision" to invalidate five of its defense arguments deprived it of its Seventh Amendment rights.

Expert Analysis

  • 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.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.