Intellectual Property

  • April 26, 2017

    Fed. Circ. Can’t Skip Opinion In PTO Cases, High Court Told

    A patent attorney and inventor has asked the U.S. Supreme Court to weigh in on the Federal Circuit’s use of summary orders, arguing the appeals court is required by law to issue an opinion in appeals arising from the U.S. Patent and Trademark Office.

  • April 26, 2017

    Dow Could Collect Biggest Patent Award In Canadian History

    Canada's Supreme Court has dismissed Nova Chemicals' application to appeal a decision that it infringed a Dow patent on polyethylene compositions used in packaging, leaving intact a lower court ruling that could result in the largest damages award in the history of Canadian patent law.

  • April 26, 2017

    Banks, Patent Owner Spar Over Fed. Circ. CBM Review Limits

    The banking industry and others have told the full Federal Circuit that a panel decision limiting the scope of America Invents Act covered business method patent reviews will cripple the program, while the patent owner in the case said Wednesday that such claims are “simply unfounded.”

  • April 26, 2017

    60 Cos., Trade Groups Urge Trump To Back USPTO's Lee

    More than 60 companies and associations spanning the nation’s major industries are urging the Trump administration to keep Michelle Lee on as the director of the U.S. Patent and Trademark Office, according to a letter sent to the president and Commerce Secretary Wilbur Ross on Tuesday.

  • April 26, 2017

    Bayer Fights En Banc Review Of Dow's $455M Patent Loss

    Bayer urged the Federal Circuit on Tuesday to deny Dow's request for en banc rehearing of a ruling that upheld a $455 million arbitration award against Dow for infringing Bayer's weed control patents, arguing that arbitration awards are subject to limited review.

  • April 26, 2017

    Judge Will Retry $14.5M Damages Verdict In Contract Dispute

    A New York federal judge on Wednesday affirmed a jury’s verdict that Tesla Wall Systems LLC's ex-president breached his employment contract but tossed its finding that he owes $14.5 million for undermining the company, saying Tesla’s sole expert — and therefore, the jury — ignored the company’s financial woes.

  • April 26, 2017

    Counterfeit 5-Hour Energy Ringleader Sentenced To 7 Years

    A wholesale distribution company owner who pled guilty to orchestrating a scheme to sell counterfeit 5-Hour Energy drinks was sentenced on Wednesday to seven years in prison and ordered to pay more than half a million dollars in restitution to the drink’s maker, according to the U.S. attorney’s office in San Francisco.

  • April 26, 2017

    Photogs Say Court Erred In Nixing NFL, AP Royalties Case

    Photographers suing the National Football League and the Associated Press over royalties from their pictures asked the Second Circuit to reverse a lower court ruling against them, arguing Tuesday that a New York federal court erred when it said they did not properly state their claims.

  • April 26, 2017

    EU Top Court Says TV Streamer Is Illegal

    The European Union’s highest appeals court ruled Wednesday that the sale of devices that make it easy to stream pirated content on a television could violate European copyright law.

  • April 26, 2017

    Lensar Secures Ch. 11 Plan OK, Lender Debt-To-Equity Deal

    Laser surgery device maker Lensar Inc. secured a rare uncontested confirmation of its Delaware Chapter 11 bankruptcy reorganization Wednesday, under a plan that assigned a controlling equity share to a lender owed about $59 million.

  • April 26, 2017

    Google, Venture Firm Launch Startup IP Litigation Program

    Google Inc. is contributing its extensive patent portfolio to a program with Intertrust Technologies Corp. that promises to help startup companies defend against infringement threats in exchange for handing over a portion of the startup’s equity to the program, Intertrust said Tuesday.

  • April 26, 2017

    ITC Pro Joins McGuireWoods IP Practice

    A former Steptoe & Johnson LLP intellectual property partner who has worked on over 50 U.S. International Trade Commission and U.S. Customs and Border Protection cases for clients such as Nintendo has joined McGuireWoods LLP.

  • April 26, 2017

    Sprint Slams TWC's Move To Nix $140M Patent Verdict

    Sprint Communications Co. fought back Tuesday against Time Warner Cable Inc.’s efforts to nix a recent $140 million jury award for willful infringement of Sprint’s patents covering internet-enabled phone calls, telling a Kansas federal court the jury received plenty of evidence to justify the verdict.

  • April 26, 2017

    Par Hit With Fees For 'Unsupported' Luitpold Patent Suit

    A New Jersey federal judge has ordered Par Pharmaceutical Inc. to pay more than $200,000 in attorneys’ fees after ruling that a patent suit the company filed over Luitpold Pharmaceuticals Inc.’s planned generic version of a Par allergy drug was “completely unsupported by case law.”

  • April 26, 2017

    Allergan Settles Apotex Pinkeye Meds Product-Hopping Suit

    A Delaware federal judge on Wednesday dismissed a 5-year-old lawsuit alleging Allergan Inc. conspired with other pharmaceutical companies to stifle competition for its Zymar pinkeye treatment after the company announced it had reached a settlement with generics maker Apotex Inc.

  • April 26, 2017

    Athletic Tape Co. Says UK Ex-Partner Still Using IP

    A sports medicine company specializing in therapeutic tape launched a lawsuit Wednesday in Utah federal court against a former U.K-based partner, saying the company continues to profit off of its trademarks and copyrights after a distribution agreement ended in 2013.

  • April 26, 2017

    PTAB Rejects DOJ Challenge To 2 Messaging Patents

    The Patent Trial and Appeal Board said Wednesday it would not review two patents that the federal government’s emergency messaging system has been accused of infringing, a setback for the U.S. in a rare instance where it has challenged patents in America Invents Act reviews.

  • April 26, 2017

    House Passes Bill Changing Copyright Office Appointments

    The House passed a bill to make the nation’s copyright register a Senate-confirmable position, over the concern among some Democrats that the administrator would be subject to the whims of the executive.

  • April 26, 2017

    Justices Mull Biosimilar Duties At Amgen-Sandoz Arguments

    The U.S. Supreme Court on Wednesday appeared torn on how to resolve a high-stakes fight between Amgen and Sandoz, with justices expressing uncertainty about how to interpret the legal obligations of biosimilar makers.

  • April 25, 2017

    Uber Can't Depose Google Co-Founder In Driverless Car Row

    A California federal judge ruled Tuesday that Uber can't depose Google co-founder Larry Page in its trade secrets fight with driverless car spinoff Waymo, saying a question about whether Page knew an employee was allegedly stealing trade secrets could be answered in writing instead.

Expert Analysis

  • PTAB Follows Case Law, Design Examiners Should Too

    Tracy-Gene Durkin

    Recent Patent Trial and Appeal Board decisions have revealed significant inconsistencies between how the board and the design examination corps are interpreting case law. The most noticeable is with regard to the written description requirement under Section 112 and its role in establishing a priority claim under Section 120, say Tracy-Gene Durkin and Daniel Gajewski of Sterne Kessler Goldstein & Fox PLLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Time For High Court To Clarify Presumption Of Patent Validity

    Charles Macedo

    Courts continue to invalidate patents under Section 101 without adhering to the presumption of validity standard mandated by Congress in Section 282 and the U.S. Supreme Court in i4i. The Supreme Court can set the record straight in Broadband iTV v. Hawaiian Telcom, say Charles Macedo and Sandra Hudak of Amster Rothstein & Ebenstein LLP.

  • Why Colbert Can't Play 'Colbert': Tonight's Word — Copyright

    Adam Litwin

    Last week, "The Late Show" daringly flouted Viacom’s wishes by having host Stephen Colbert reprise his "Colbert Report" character to bid farewell to Bill O’Reilly. With CBS exercising such blatant disregard for Viacom’s demand, the situation is sure to come to a head, says Adam Litwin of Bell Nunnally & Martin LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Lessons From Post-Halo Enhanced Damages Decisions

    Jeffrey Totten

    In the 10 months since the U.S. Supreme Court’s Halo decision confirmed district courts’ discretion in enhancing damages for patent infringement, courts have produced a spectrum of damages outcomes. Exploring these early decisions reveals several considerations for parties assessing a competitor’s patent, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Tips For Finding Your Company's Hidden IP

    Neil Belson

    Research-based companies routinely fail to take full advantage of the intellectual property they already possess, particularly by focusing solely on protecting a project’s end product and overlooking other IP created during its development, says Neil Belson of Potomac Law Group PLLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.