Intellectual Property

  • March 23, 2017

    Dan Aykroyd Breaks Down Booze Bottle Angles In IP Trial

    Comedy legend Dan Aykroyd on Thursday told a California federal jury that a tequila company had ripped off his Crystal Head Vodka brand’s unique skull-shaped bottle, pulling out a ruler to dissect what he said are obvious similarities between the two bottles.

  • March 23, 2017

    Alice Dooms Vote Verification Patent, Judge Rules

    A Florida federal judge has dismissed a patent suit by Voter Verified Inc. against Elections Systems & Software LLC, holding that a patent on a vote verification system covers nothing more than the abstract idea of collecting and verifying votes.

  • March 23, 2017

    Eli Lilly Case Leaves Big Questions For Another Day

    While a recent decision rejecting U.S. drugmaker Eli Lilly's CA$500 million ($375 million) claim against Canada over the invalidation of its patents demonstrates a properly functioning investor-state dispute settlement system, the tribunal nevertheless declined to provide greater clarity on substantive areas of international law.

  • March 23, 2017

    Siemens Accuses Power Plant Co. Of Trade Secrets Theft

    Siemens Energy Inc. sued Alin Machining Company in Florida federal court Thursday, alleging the power plant parts and services provider breached a confidentiality agreement and stole its trade secrets in order to make and sell knockoff replacement parts for Siemens’ energy turbines.

  • March 23, 2017

    PTAB Upholds Vimpat Patent In Generic Makers' Challenge

    The Patent Trial and Appeal Board upheld a Research Corp. Technologies Inc. patent for the anti-epileptic drug Vimpat on Wednesday, just months after a Delaware federal judge refused to invalidate part of the patent in an infringement suit brought against generic-drug makers.

  • March 23, 2017

    High Court Urged To Clarify '80s Patent Stance In Age Of Alice

    The U.S. Supreme Court should review the invalidation of five patents covering snowplow technology so it can clarify how the patent eligibility precedent it set in 1981 in Diamond v. Diehr holds in light of its landmark 2014 Alice ruling, the patents’ holder has argued.

  • March 23, 2017

    Full Fed. Circ. Told 'Radical' Rulings Threaten CBM Program

    Recent Federal Circuit rulings limiting the scope of the America Invents Act's covered business method patent review program fly in the face of congressional intent and threaten to gut the program, U.S. Bank NA said Thursday in a petition for en banc rehearing.

  • March 23, 2017

    Enfish, Microsoft End Patent Row After Fed. Circ. Revival

    The software patent dispute between Enfish LLC and Microsoft Corp. that led to a widely cited Federal Circuit decision overturning invalidity findings under Alice reached a quiet end in California federal court on Thursday when a judge dismissed the case citing an undisclosed deal.

  • March 23, 2017

    Fed. Circ. OKs Rejection Of $8M Fee Bid In Gene Patent Case

    The Federal Circuit ruled Thursday that a judge correctly rejected what she called a "jaw-dropping" request for $8 million in attorneys' fees from a German research institute after a failed patent suit by the University of Utah, saying she explained why the case did not stand out.

  • March 23, 2017

    Patent Venue’s Big Day In Court: What You Need To Know

    In what many are calling the most important patent case of the year, the U.S. Supreme Court will hear arguments Monday on whether to limit where patent lawsuits can be filed.

  • March 23, 2017

    Petition Not Time-Barred, But PTAB Won't Review Saw Patents

    The Patent Trial and Appeal Board declined to institute inter partes review of three SD3 LLC table saw safety patents Wednesday, although it reaffirmed that complaints filed with the U.S. International Trade Commission do not trigger the IPR time-bar.

  • March 23, 2017

    Amazon Loses Bid To Arbitrate Broadcom Tablet, Tech IP Row

    A California federal judge on Wednesday rejected Amazon's bid to force Broadcom and Avago to arbitrate their claims that Amazon is infringing a slew of its patents, ruling that Broadcom didn't agree to arbitrate its claims when it signed a customer agreement with Amazon Web Services.

  • March 23, 2017

    Zillow Wants $8.3M Verdict In Image Infringement Suit Tossed

    Real estate website Zillow on Wednesday claimed a jury erred last month when it gave a real estate photography company more than $8.3 million for its copyright violation claims against Zillow, saying it could not be held liable for images that were handled entirely by automatic systems.

  • March 23, 2017

    Private Equity Co. Wants Quick Win Against $89M IP Suit

    Energy companies locked in a battle over patent licensing for an energy catalyzer filed dueling motions for summary judgment in Florida federal court this week, with the patent owner insisting it has a right to enforce its contract and the licensees saying the device didn’t perform as promised.

  • March 23, 2017

    Tax Court Backs Amazon In $1.5B Transfer Pricing Dispute

    Amazon won a major victory in its $1.5 billion tax dispute with the Internal Revenue Service on Thursday when the U.S. Tax Court ruled Thursday that the methods it used to determine payments from its Luxembourg subsidiary for the licensing of intellectual property for online European operations were reasonable.

  • March 23, 2017

    Jury Awards TRX $6.8M In Fitness Equipment Patent, TM Row

    A California federal jury on Wednesday awarded the company behind popular TRX exercise equipment roughly $6.8 million after finding that rival fitness equipment maker and seller WOSS Enterprises LLC willfully infringed its patent for a resistance-based exercise device, as well as a trademark.

  • March 23, 2017

    Patent Licensing Cos. Fight To Save IP Row From Dismissal

    Two patent licensing companies on Wednesday hit back at a magistrate's recommendation to dismiss their infringement suits against Cigna, Consumer Cellular and others over 10 patents covering targeted email marketing technology, arguing that the defendants haven't established that the asserted claims are abstract under Alice.

  • March 23, 2017

    NYC Celeb Chefs Settle Trademark Beef Over 'Landmark'

    Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has reached a settlement to drop a trademark lawsuit over plans for an eatery named “Landmark” at the nearby site of the old Four Seasons restaurant.

  • March 23, 2017

    Photographers Fight Fees After Contract Loss To AP, NFL

    Photographers whose claims against The Associated Press, the NFL and Replay Photos over royalties from their pictures were dismissed by a New York federal judge asked the court not to grant the attorneys' fee requests put forth by the defendants, arguing Wednesday that their case wasn’t objectively unreasonable.

  • March 22, 2017

    5 Keys To High Court's Cheerleader Uniform Ruling

    To get you up to speed on the U.S. Supreme Court’s complex decision on copyright law and cheerleading uniforms, here are the key things experts say you need to know, including what the ruling says, what it doesn’t and what comes next.

Expert Analysis

  • What's Left Of Laches Post-SCA Hygiene

    Jerry R. Selinger

    Following the U.S. Supreme Court's decision Tuesday in SCA Hygiene v. First Quality, laches is no longer a defense to a claim for past damages in patent cases. However, at least some penumbra of laches remains available, says Jerry Selinger of Patterson & Sheridan LLP.

  • Expectations For High Court Patent Exhaustion Decision

    Charlie Steenberg

    The U.S. Supreme Court is likely to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Why Design Patents Are Surviving Post-Grant Challenges

    Tracy-Gene G. Durkin

    Petitioners are struggling to challenge design patents at the Patent Trial and Appeal Board, particularly at the institution stage. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful. The statistics reflect positively on the quality of original examination, say Tracy-Gene Durkin and Pauline Pelletier of Sterne Kessler Goldstein & Fox PLLC.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Applying 'Footprint' Methodology To Prism V. Sprint

    Aaron R. Fahrenkrog

    The Federal Circuit's decision in Prism v. Sprint this month illustrates an example of the "footprint" approach to patent damages, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure, say attorneys with Robins Kaplan LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Rate Of PGR Petitions Hitting Orange Book Patents

    Donald Prather

    There appears to be a greater willingness among pharmaceutical companies to wade through the still relatively untested post-grant review process when compared with their initial hesitation regarding the initiation of inter partes review proceedings, say Kevin Chrustowski of TK Holdings Inc. and Donald Prather of Meunier Carlin & Curfman LLC.

  • Fed. Circ. May Be Setting Stage For Big Obviousness Changes

    Thomas King

    A number of Federal Circuit decisions have focused on some of the disputed issues highlighted in Apple v. Samsung. The court seems to be grappling with five questions, the resolutions of which have the potential to significantly impact the application of the nonobviousness principle in patent law, say Thomas King and Pranay Pattani of Haynes and Boone LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.