Intellectual Property Law

New Downloading Lawsuit Blitz Focuses on Those Who Allegedly Used BitTorrent to Get ‘Hurt Locker’

A controversial tactic of suing, or threatening to sue, en masse, thousands of individuals who have allegedly violated the law by illegally downloading copyrighted material is now focusing on a new target. Almost 50,000 individuals claimed to have used BitTorrent’s peer-to-peer software to download one of two movies (The Expendables…

Jun 10, 2011 11:33 AM CDT

Supreme Court Rules Against Microsoft in Its Appeal of $240M Verdict

In a big loss for Microsoft Corp., the U.S. Supreme Court has refused to disturb the standard of proof needed to establish that an infringement plaintiff’s patent is invalid. The unanimous opinion (PDF) by Justice Sonia Sotomayor holds that an invalidity defense must be proven by “clear and convincing evidence.”…

Jun 9, 2011 2:42 PM CDT

Law Firm Not Liable for Purchasing Competitor’s Name as Keyword to Drive Traffic to Own Website

Once upon a time, when bus benches and the yellow pages offered some of the only ways to promote a personal injury firm effectively, competitors tried to crowd each other out or dominate the space with the biggest ad. It wasn’t unheard-of to put a billboard up right next to…

Jun 9, 2011 3:07 AM CDT

Supreme Court Rules Against Stanford in HIV Patent Battle

The U.S. Supreme Court has ruled against Stanford University in a patent battle over a testing procedure that measures the HIV virus in blood samples. The Supreme Court ruled for Roche Molecular Systems Inc. in a 7-2 opinion (PDF) by Chief Justice John G. Roberts Jr. Roberts wrote that Stanford…

Jun 6, 2011 3:56 PM CDT

Ex-BigLaw Attorneys at MoloLamken Add Patent Appellate Win to String of Supreme Court Victories

Not quite two years after leaving BigLaw to form their own boutique, two former partners are celebrating a string of noteworthy victories. Helped by referrals from their former firms, as well as other major partnerships, Steven Molo and Jeffrey Lamken have a book of business that gives them at least…

May 31, 2011 9:43 PM CDT

Drinker Biddle Patent Lawyer Helps Paul Simon with His Lyrics

A patent lawyer with Drinkle Biddle & Reath flaunted his knowledge at a Paul Simon concert Wednesday, but his demonstration had nothing to do with infringement or licensing. Instead Paul Fournier, who is of counsel with the firm, showed his familiarity with Paul Simon lyrics. According to the Washington Post’s…

May 27, 2011 10:30 AM CDT

After Reversal-of-Fortune Win, Bratz Doll Maker Seeks $130M in Legal Fees

Corrected: After a stunning turnaround win in a copyright case, Bratz doll manufacturer MGA Entertainment is seeking nearly $130 million in legal fees. U.S. District Judge David Carter of Los Angeles will hold a hearing today on MGA’s claim for $177 million in punitive damages, along with restitution, attorney fees…

May 25, 2011 2:54 PM CDT

Judge Rules ‘Hangover II’ May Be Released, Despite Copyright Dispute over Tattoo

Updated: The show must go on, according to a federal judge ruling in a copyright dispute involving a tattoo. The Hangover: Part II was allowed to open this week after U.S. District Judge Catherine Perry refused to issue an injunction barring its release, according to The Wrap and Hollywood, Esq.…

May 24, 2011 3:44 PM CDT

Facebook Sues Adult Internet Companies Promoting Their ‘Face Book of Sex’

Facebook has sued several affiliated Internet companies for using the phrase “Face Book of Sex” to promote their adult networking service. The federal suit names as a defendant Various Inc. and three subsidiaries. Filed in the Northern District of California, the complaint says the defendants operate Facebookofsex.com and affiliated websites…

May 23, 2011 10:30 AM CDT

Marlon Brando Estate Sues Harley-Davidson over Boot Name

The Marlon Brando estate claims in a lawsuit that Harley-Davidson Motor Co. misappropriated the late actor’s likeness with its line of “Brando” boots. The Harley boots look similar to a pair worn by Brando in the 1953 movie The Wild One, the lawsuit says. Hollywood, Esq. and the Associated Press…

May 19, 2011 1:15 PM CDT

Winklevoss Twins Say They’ll Appeal Facebook Case to SCOTUS

Cameron and Tyler Winklevoss, twin brothers who say that Facebook was their idea, plan to appeal their case against the social media giant to the U.S. Supreme Court, The Digital Home blog of CNET.com reports. Yesterday, the San Francisco-based 9th U.S. Circuit Court of Appeals denied the brothers’ request for…

May 17, 2011 3:23 PM CDT

Teen Who Amassed Twitter Followers Claims Business Partner Stole Branding Rights

A teen who amassed more than 300,000 Twitter followers in less than a year claims in a federal lawsuit that his business partner deceived him into turning over his intellectual property. The 17-year-old teen, Adorian Deck, tweeted celebrity gossip and oddball news under the name @OMGFacts, the Associated Press reports.…

May 17, 2011 10:30 AM CDT

9th Circuit Nixes Winklevoss Twins’ En Banc Appeal

Cameron and Tyler Winklevoss, twin brothers who say that Facebook was their idea, will not get an en banc rehearing on a recent opinion ordering them to accept a settlement deal with founder Mark Zuckerberg, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled today. Tyler Winklevoss declined comment…

May 16, 2011 10:01 PM CDT

Honeywell Pays BorgWarner $32.5M for Patent Case Involving Turbochargers

Honeywell International agreed to pay BorgWarner Inc. $32.5 million to settle a patent infringement lawsuit involving a titanium wheel used in engine turbochargers. The trial was scheduled to start today in the U.S. District Court for the Western District of North Carolina, according to Bloomberg News. The settlement was $100…

May 16, 2011 6:36 PM CDT

Companies Embrace Plaintiff Role, Making Legal Departments into Profit Centers

Big businesses may be pushing to deter consumer class actions and cap damages, but they do see some value in litigation … as long as they are the plaintiffs. Businesses such as Ford Motor Co., Tyco International and Michelin are pursuing lawsuits, dispute resolution and threats of lawsuits to bring…

May 13, 2011 2:13 PM CDT