Intellectual Property

  • February 20, 2018

    Fed. Circ. Denies Samsonite's Rehearing Bid In Lock IP Row

    The Federal Circuit on Tuesday denied a petition for en banc rehearing lodged by Samsonite and other luggage makers in January, refusing to reconsider its decision that the companies could be liable for jointly infringing a luggage lock patent with the Transportation Security Administration.

  • February 20, 2018

    Swarmify Can’t Point To Trade Secret, CloudFlare GC Says

    During the sealed portion of a hearing last week, the video streaming startup Swarmify “was unable to articulate a protectable trade secret” stolen by CloudFlare, the company’s general counsel told Law360 Tuesday, after a California federal judge said he could respond to Swarmify's public statements about the closed session.

  • February 20, 2018

    Biotech Co. Says Rival Violated Deal With Press Releases

    Biotech company Codexis Inc. bashed rival EnzymeWorks Inc. and its founder Junhua Tao on Tuesday for allegedly violating a deal to end a lawsuit, which accused Tao in California federal court of ripping off its trade secrets and patents, when EnzymeWorks issued a press release about that very settlement.

  • February 20, 2018

    Fed. Circ. OKs Killing Money Transfer Patent Under Alice

    The Federal Circuit on Tuesday upheld U.S. District Judge Rodney Gilstrap’s decision to invalidate claims in four Integrated Technological Systems Inc. patents tied to money transfers in the newest of several high-profile decisions over how to interpret the U.S. Supreme Court’s Alice test.

  • February 20, 2018

    Comcast Seeks Speedy Review Of TiVo Patent Case

    Comcast Inc. has asked the Federal Circuit to follow an expedited schedule in its review of an International Trade Commission decision prohibiting the cable and broadband company from importing set-top cable boxes found to infringe a patent held by TiVo Corp.

  • February 20, 2018

    Amgen Seeks To Hold Off Generics In FDA Denial Challenge

    Amgen Inc. on Monday asked a D.C. federal judge to order the U.S. Food and Drug Administration to temporarily refrain from approving any generic versions of its blockbuster drug Sensipar while it appeals a recent order that found the agency properly denied pediatric exclusivity for the calcium-control drug.  

  • February 20, 2018

    Frank Ocean Sues Producer Over 'Blonde' Tracks Authorship

    Singer-songwriter Frank Ocean is accusing a music producer of falsely attempting to claim authorship of songs on his 2016 hit album “Blonde,” alleging “a serious and substantial violation” of his rights under the Copyright Act in a complaint filed in California federal court Tuesday.

  • February 20, 2018

    Citing 'Time Travel,' DeLorean Hits Beauty Co. With TM Suit

    DeLorean Motor Co., set to relaunch the iconic 1980s sports car made famous in “Back to the Future,” is suing a cosmetics company for trademark infringement for using the DeLorean name on an “age-suspending” lotion.

  • February 20, 2018

    Fed. Circ. Backs Google’s PTAB Word-Recognition Patent Win

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision that a word-recognition patent challenged by Google is invalid as obvious, ruling that while one of the board’s two rulings on the patent was wrong, the other was correct.

  • February 20, 2018

    Has Rule 36 Peaked At The Federal Circuit?

    The number of patent cases the Federal Circuit ruled on without writing an opinion is in decline for the first time in recent years, amid criticism over the court’s use of these “silent decisions” and a plateau in its patent workload.

  • February 20, 2018

    ‘The Federal Circuit Has Strayed’: 2017 In Patent Dissents

    The Federal Circuit was in a mostly agreeable mood last year, with only 7 percent of decisions including a dissent or concurrence compared with 10 percent in 2016, but the judges still found plenty of ways to criticize their colleagues’ reasoning. Here are some of 2017’s most biting and noteworthy dissents.

  • February 20, 2018

    King & Spalding DQ Bid Shouldn’t Be Complex, Judge Says

    What Judge Barry Ostrager had hoped would be a quick dispute over whether to disqualify King & Spalding LLP from representing an animal health company in international arbitration stretched for two hours on Tuesday, with three more witnesses set to take the stand on Wednesday.

  • February 20, 2018

    PTAB Won't Review FedEx's 2nd Challenge To Shipping Patent

    The Patent Trial and Appeal Board on Tuesday denied a petition from FedEx seeking review of a shipping and transit patent owned by Intellectual Ventures, saying that the package delivery giant’s arguments to institute a review on the patent, which it had challenged once before, were “unpersuasive.”

  • February 20, 2018

    Judge Transfers Storage War Over Search Engine Optimization

    A federal judge in Massachusetts on Tuesday kept alive, but transferred to Texas, a small storage facility’s claim that misleading website URLs undercut state and federal antitrust and trademark laws for an edge in Google search results.

  • February 20, 2018

    Medical E-Records System Maker Counters Rival's $30M Suit

    Electronic medical records company ZenCharts LLC responded Friday to a $30 million suit by rival Kipu Systems, denying claims it ripped off Kipu's cloud-based records system and adding its own counterclaims that Kipu has interfered with its legitimate efforts to build a superior system.

  • February 20, 2018

    High Court Won't Hear Lipitor, Effexor Pay-For-Delay Appeals

    The U.S. Supreme Court on Tuesday declined to hear appeals from Pfizer Inc. and Teva Pharmaceuticals in their bids to duck claims they participated in schemes to delay generic forms of cholesterol drug Lipitor and antidepressant medication Effexor XR, respectively.

  • February 20, 2018

    GoPro Says Rival Forged Evidence, Wants Sanctions

    GoPro Inc. asked a California federal judge overseeing its trademark and copyright infringement suit against 360Heros Inc. to sanction the rival company, claiming it produced falsified documentation for remarks that didn't happen during a Skype discussion and then committed perjury about the forged evidence.

  • February 20, 2018

    Latham Wins $1.7M For Fees In Malicious Prosecution Case

    Latham & Watkins won nearly $1.7 million in attorneys' fees, costs and interest after being represented by McKool Smith Hennigan PC in a long-running malicious prosecution action that went all the way to the California Supreme Court, with the judge finding the fees reasonable and the five-year appellate process "highly unusual."

  • February 20, 2018

    EA Says Ex-NFLers Aren't Identifiable In Madden Games

    Electronic Arts Inc. has urged a California federal judge to grant it a win in a putative class action brought by retired NFL players who claim EA improperly used their likenesses to make Madden video games, arguing that the athletes can’t prove they’re readily identifiable in the games.

  • February 17, 2018

    The Firms That Dominated At The Federal Circuit In 2017

    These law firms handled some of the hottest issues in intellectual property last year, racking up wins and setting precedent in all corners of patent law.

Expert Analysis

  • Emerging Patent Issues In The Cannabis Industry

    Brett Schuman

    As cannabis industry players aggressively build patent portfolios around their products, including marijuana strains, a cannabis patent war is likely on the horizon. Among other issues, the lack of prior art may lead to issuance of overbroad patents, which will pose risks to other market participants, say attorneys with Goodwin Procter LLP.

  • Indefiniteness Is Evolving In Post-Grant Proceedings

    Deborah Sterling

    Among the more than 600 covered business method review and post-grant review challenges that have been brought to the Patent Trial and Appeal Board, indefiniteness is perhaps petitioners' least popular weapon. The statistics for indefiniteness challenges reveal some emerging trends, say Deborah Sterling and Yunjun Guo of Sterne Kessler Goldstein & Fox PLLC.

  • Online Image Infringement And The Statutory-Damages Threat

    Daniel Mazanec

    A New York federal court's recent decision in FlameFlynet v. Shoshanna adds to a growing body of precedent for refusing to award substantial statutory damages requested by a copyright owner where the amount far exceeds actual damages, says Daniel Mazanec of Greenspoon Marder LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Why President Ford Belongs On Copyright’s Mount Rushmore

    David Kluft

    Many of the American presidents we traditionally honor on Presidents’ Day contributed to the development of U.S. copyright law. You may not think of Gerald Ford, but he signed into law the Copyright Act of 1976 and his memoirs played an important part in defining the fair use doctrine, says David Kluft of Foley Hoag LLP.

  • Hearsay Hurdle: Proving Nonpatent Literature Is Prior Art

    Rachel Emsley

    For petitioners at the Patent Trial and Appeal Board, showing nonpatent literature publications to be “prior art” presents a twofold challenge. The PTAB recently discussed the public accessibility issue. But the second issue — whether the evidence comports with the Federal Rules of Evidence — may be less familiar to parties at the PTAB, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.