Intellectual Property

  • January 17, 2020

    Travelers Needn't Defend KLA-Tencor In Patent Antitrust Row

    A California appeals court has ruled that Travelers doesn’t have to cover KLA-Tencor Corp.’s costs to successfully defend against a lawsuit alleging it sought to damage a rival’s business by fraudulently obtaining a patent for advanced semiconductor measurement systems.

  • January 17, 2020

    NCAA May OK More Training Expenses For Olympic Athletes

    Elite Olympic and Paralympic athletes will be able to have “additional training expenses” paid without jeopardizing their NCAA eligibility under a rule change to be voted on next week as the NCAA takes the first steps toward reforming its rules to let athletes benefit from their names, images, and likenesses.

  • January 17, 2020

    Energy Co. To Ask 5th Circ. For Arbitration In Trade Secret Suit

    Newfield Exploration Co. will ask the Fifth Circuit to undo a ruling that it can't arbitrate a $40 million trade secrets dispute brought by an energy-industry waste management company.

  • January 17, 2020

    PTAB Upholds 1 Realtime Patent In Netflix Row, Axes Another

    In two decisions this week that could affect Realtime's sprawling district court patent battle against a slew of tech companies, the Patent Trial and Appeal Board upheld all claims in a patent covering digital coding and decoding but invalidated claims in a related patent.

  • January 17, 2020

    Owner of Bankrupt Golf Co. Held In Contempt In Patent Suit

    A New York federal judge on Friday held the owner of defunct golf company King Par Corp. in contempt for failing to answer a discovery request after a rival company won an $8.9 million verdict on allegations that King Par had stolen the rival's design for a golf bag.

  • January 17, 2020

    3 Firms Shape $115M Menswear Brand Sale To WHP Global

    Ferdinand IP Law Group, Pryor Cashman LLP and Kirkland & Ellis LLP helped steer Tailored Brands Inc.’s $115 million sale of its Joseph Abboud trademarks to the new management firm WHP Global, according to a Friday release.

  • January 17, 2020

    Del. Jury Says 2Wire Infringed Another TQ Delta DSL Patent

    A Delaware federal jury has found that 2Wire Inc. infringed yet another DSL patent owned by TQ Delta LLC, and that the patent isn't invalid.

  • January 17, 2020

    IP Group Of The Year: Perkins Coie

    The intellectual property team at Perkins Coie LLP notched a victory at the Federal Circuit for Mylan Pharmaceuticals that allowed it to proceed with a generic cancer drug, and secured a $5 million patent win for Riddell Inc., earning the firm a spot among Law360's 2019 Intellectual Property Groups of the Year.

  • January 17, 2020

    Google Gets 26 Amicus Briefs In Oracle Copyright War

    A whopping 26 amicus briefs supporting Google have been filed at the U.S. Supreme Court in the company’s copyright battle with Oracle, including from tech rivals like Microsoft, copyright and antitrust experts, and prominent software engineers.

  • January 17, 2020

    IP Hires: MoFo, Tabet DiVito, King & Spalding

    An administrative patent judge has rejoined Morrison & Foerster in Los Angeles, a Jenner & Block veteran moved to a boutique firm in Chicago and King & Spalding nabbed a trial attorney from Akin Gump in Austin. Here are the details on these notable IP hires.

  • January 17, 2020

    Zscaler To Pay $15M To Settle Symantec Patent Suits

    Cybersecurity company Zscaler has announced that it will pay Symantec Corp. $15 million to license its patents, bringing a close to all lawsuits in which Symantec accused Zscaler of infringement.

  • January 16, 2020

    Apple Devices Smaller, Better By Infringing Caltech, Jury Told

    A Cornell-educated engineer testified for the California Institute of Technology on Thursday that Apple Inc. and Broadcom Ltd. infringed the university's patents in Wi-Fi chips used in Apple devices, saying the infringing technology allowed the companies to make smaller devices while improving their wireless data capabilities.

  • January 16, 2020

    Merck Says Ax Of $2.5B Patent Win A 'Disaster For Innovation'

    Merck & Co.'s Idenix subsidiary urged the full Federal Circuit on Wednesday to reconsider a decision that wiped out a $2.5 billion verdict in a patent dispute with Gilead Sciences Inc., saying the ruling "threatens disaster for innovation."

  • January 16, 2020

    Jack Nicklaus Sues Golf Device Maker Over Trademark Use

    Golf legend Jack Nicklaus filed a lawsuit Thursday in Florida federal court alleging that a Sunshine State sports company is using his image and his trademarks without permission to promote a device meant to enhance one’s golf swing.

  • January 16, 2020

    Ariana Grande Sings 'I Want It, I Got It,' But Did She Steal It?

    Ariana Grande might write her own checks, but she doesn’t write what she sings, a New York hip hop artist alleges in a lawsuit filed Thursday in Manhattan federal court accusing the pop singer of stealing the hook and chorus of her 2019 song “7 Rings.”

  • January 16, 2020

    US-China Deal's Patent Rules Will Boost Branded Drug Cos.

    The preliminary trade agreement signed by the U.S. and China this week should aid the branded pharmaceutical industry by creating a system to resolve patent disputes over generic drugs before they enter the market and a way to extend the life of drug patents, attorneys say.

  • January 16, 2020

    Intel And Apple Get 4 Qualcomm Patents Axed At PTAB

    The Patent Trial and Appeal Board has determined in a series of 11 inter partes review decisions issued on Tuesday and Wednesday that all claims in four Qualcomm patents challenged by Apple and Intel are invalid.

  • January 16, 2020

    NM Court Asked To Stop Photog Acting As 'Copyright Troll'

    A manufacturer representative agency based in New Mexico has accused a Colorado photographer of posting his pictures online without notice of copyright ownership and then sending a lawyer after anyone who uses them.

  • January 16, 2020

    USPTO Hears Mixed Views On AI Copyright Protections

    Should works created by artificial intelligence be entitled to copyright protection? The U.S. Patent and Trademark Office recently received public comments on the topic, including from two major intellectual property groups that took opposing views.

  • January 16, 2020

    Ex-PTAB Judge Rejoins Morrison & Foerster In LA

    Administrative Patent Judge Alex Yap has rejoined Morrison & Foerster LLP after nearly four years on the Patent Trial and Appeal Board, and no, it's not because the constitutionality of his old job was just threatened by the Federal Circuit.

  • January 16, 2020

    South Carolina To Mull Stipends, Trusts For NCAA Athletes

    South Carolina lawmakers formally proposed legislation that would let athletes at the state's major universities profit from endorsements and open the door for them to receive cash stipends and payments into a trust while they're playing college sports.

  • January 16, 2020

    Copyright Atty Should Be Disbarred, Not Fined, Judge Told

    With a Manhattan federal judge weighing more sanctions against Richard Liebowitz, an opposing attorney is asking for stiff penalties against the litigious copyright lawyer that “go well beyond monetary sanctions,” including disbarment or sending him to the U.S. attorney’s office.

  • January 16, 2020

    6th Circ. Overturns Atty Sanctions In Medical Device Suit

    The Sixth Circuit on Thursday vacated $655,689 in attorney fees that Cavitch Familo & Durkin Co. LPA and three of its attorneys were ordered to pay for discovery abuses in a dispute between two medical device companies, as the lawyers weren't given proper notice.

  • January 16, 2020

    Gilead Hit With Another Antitrust Suit Over HIV Drugs

    Gilead Sciences Inc., already facing political pressure and lawsuits over alleged anti-competitive behavior, was hit Wednesday with a proposed class action accusing the pharmaceutical giant of conspiring with other drugmakers to block the use of generics in HIV treatment regimens.

  • January 16, 2020

    Microsoft Tells Fed. Circ. Uniloc Owes Fees For Dupe IP Suit

    Microsoft Corp. urged the Federal Circuit on Wednesday to find Uniloc 2017 LLC owes attorney fees for filing a “frivolous” infringement suit involving a security patent that is nearly identical to another patent, arguing that the case is exceptional and warrants fees, even though the parties agreed to a stipulated dismissal.

Expert Analysis

  • Bid Protest Spotlight: 2019's Most Noteworthy Decisions

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    In this month's bid protest roundup, Victoria Angle at MoFo highlights two December decisions from the U.S. Government Accountability Office, looks back at five of the most interesting bid protests of 2019 and provides a few takeaways from the GAO's fiscal year 2019 report.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Trademark Profit Awards At High Court Crossroads

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    The U.S. Supreme Court's inquiries at Tuesday's oral arguments in Romag Fasteners v. Fossil suggest it may conclude that a showing of willful conduct is not a threshold gateway through which a trademark plaintiff must pass on the road to disgorgement of an infringer's profits, says Ben Clark of Bryan Cave.

  • High Court May Lean Away From 2nd Circ. In 'Lucky' TM Case

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    The justices at Monday's U.S. Supreme Court oral arguments in the trademark case Lucky v. Marcel appeared skeptical of the Second Circuit’s new four-part test for defense preclusion and seemed to favor the application of existing legal precedent over the creation of a new one, say Robert Potter and Forrest Flemming of Kilpatrick.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • Proving Printed Publication As Prior Art In IPR Proceedings

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    Recent decisions from the Patent Trial and Appeal Board show that petitioners in inter partes review proceedings must attend to evidence of public availability in establishing that proffered documents qualify as printed publication prior art, say Paul Ragusa and Daniel Rabinowitz of Baker Botts.

  • Biosimilar Patent Litigation May Be On The Rise In 2020

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    With new biosimilar applications and patent infringement complaints on the horizon, 2020 may see a rebound in patent litigation under the Biologics Price Competition and Innovation Act following a decrease last year, say Joshua Whitehill and Michael Cottler of Goodwin.

  • Why Reformers Want Disclosure Of 3rd-Party MDL Funding

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    With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • To Improve Instagram Copyright Issues, Look To Music World

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    The music industry may offer a model for adapting the copyright law landscape to new concerns from photographers and other content creators engendered by Instagram’s wide-reaching platform, including a more seamless and accessible registration process, says Qian Julie Wang of Robins Kaplan.

  • An Attractive ITC Tool To Stop IP-Infringing Online Sales

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    The U.S. International Trade Commission issued more general exclusion orders in 2019 than in past years due to the proliferation of intellectual property rights violations in online marketplaces, revealing that it won’t hesitate to implement this powerful and effective remedy when warranted, say attorneys at Hunton.

  • What The Budget Bill Has In Store For Medical Cos.

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    Last month's bipartisan budget agreement brings key developments for the health care and life sciences industries, including the repeal of certain taxes, but some controversial proposals are noticeably absent, say Kevin Rinker and Jacob Stahl of Debevoise.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.