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Intellectual Property

  • March 21, 2019

    Netflix Wants Out Of 'Choose Your Own Adventure' TM Claims

    Netflix Inc. urged a Vermont federal judge on Thursday to toss a trademark suit over its "Black Mirror: Bandersnatch" movie, ripping into claims from the company that owns the rights to the "Choose Your Own Adventure" book series and calling a recently filed amended complaint "even weaker" than the first.

  • March 21, 2019

    Apple's PTAB Review Frustrates Judge Deciding IP Case

    A California federal judge expressed frustration Thursday with presiding over infringement cases involving patents being reviewed by the PTAB, saying during a hearing in a suit against Apple that allowing the case to proceed could result in inconsistent rulings, but staying it could make litigation "interminable."

  • March 21, 2019

    Ex-Intel Engineer In Trade Secrets Case Must Give Up Docs

    An engineer accused of stealing "revolutionary" secrets from Intel Cop. before jumping ship for rival computer chipmaker Micron Technology Inc. must return any confidential documents he took from the company, a California federal judge said Wednesday.

  • March 21, 2019

    Questions Over IPR Timing, Appeals Pique Justices' Interest

    The U.S. Supreme Court on Thursday nudged Voltstar Technologies to respond to a cert petition aiming to clarify whether inter partes reviews can be filed a year after an infringement suit is voluntarily dismissed and whether institution of those reviews can be appealed.

  • March 21, 2019

    Qualcomm Can Seek Claim Apple Forfeited FRAND Rights

    A California federal judge has allowed Qualcomm to pursue its counterclaim in an antitrust suit that Apple forfeited rights to favorable licensing terms for smartphone technology.

  • March 21, 2019

    9th Circ. Backs Anheuser-Busch In Suit Over Stolen Recipes

    A former Anheuser-Busch employee cannot escape the brewer’s trade secret suit accusing him of stealing beer recipes and passing them on to class action attorneys looking to sue the company over allegedly watered-down beer, the Ninth Circuit ruled Wednesday.

  • March 21, 2019

    Fed. Circ. Affirms PTAB Ax Of Hybrid Vehicle Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision invalidating a claim of a hybrid vehicle patent owned by Paice LLC, rejecting the tech company's contention that the board wrongly relied on inconsistent testimony from Ford Motor Co.'s expert.

  • March 21, 2019

    Tesla Says Ex-Worker Wrote 'You Sly Dog' As He Stole Info

    Tesla has accused four former employees of stealing company trade secrets and taking them to a competitor, telling a California federal court that one even emailed himself confidential information with the note, "you sly dog you."

  • March 21, 2019

    Bid To Close IPR 'Loopholes' Shot Down By Precedent Panel

    The Patent Trial and Appeal Board’s precedent-setting panel won’t look at whether the board can still review a patent after certain district court and U.S. International Trade Commission challenges.

  • March 21, 2019

    1st Circ. Loss Dooms New Asacol Buyer Class, Allergan Says

    Allergan PLC said a group that claims the company's anti-competitive methods caused it to overpay for its ulcerative colitis drug should not get a second chance at class certification after the First Circuit knocked down its first attempt.

  • March 21, 2019

    PTAB Refuses To Scrap Window Patent In First AIA Derivation

    The Patent Trial and Appeal Board declined to cancel a window patent in its first-ever derivation proceeding Wednesday, shutting down a challenge from the country’s largest maker of windows and doors.

  • March 21, 2019

    TCJA Could Trip Up Companies With Loss Years

    The international provisions of the 2017 tax overhaul often limit the ability of taxpayers to carry forward losses or credits and smooth over their tax liabilities, leveling an unexpected tax hit on companies with uneven years of profitability.

  • March 21, 2019

    MillerCoors Sues Bud Light Over Super Bowl 'Corn Syrup' Ad

    MillerCoors is suing rival Anheuser-Busch over a Super Bowl ad for Bud Light that claimed Miller Lite and Coors Light contained corn syrup, calling it false advertising “designed to frighten consumers.”

  • March 20, 2019

    Clorox Sues Lysol Over Rival Cleaner's Dirty Ad Campaign

    The Clorox Co. on Wednesday tarred rival Reckitt Benckiser Group PLC with claims that the Britain-based maker of Lysol brand cleaning products has run an ad campaign aimed at unfairly muddying the reputation of Clorox cleaning solutions, disinfecting wipes and toilet bowl cleaners.

  • March 20, 2019

    Health Care IP Key To Cutting Costs: FTC Member

    Enforcing intellectual property rights in health care and ensuring competition to everyone’s benefit — especially finding ways to control skyrocketing prescription drug costs — has emerged as a priority at the Federal Trade Commission, a Republican member of the body said Wednesday.

  • March 20, 2019

    Ex-Partner Appeals To Pa. Panel For Carlson Lynch Database

    An expelled partner from Pittsburgh-based Carlson Lynch LLP asked the Superior Court of Pennsylvania on Wednesday to lift a temporary stay preventing him from accessing the firm’s database of investigative material.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Full Fed. Circ. Won't Review Stryker's $254M Damages Win

    The full Federal Circuit shot down Zimmer Inc.’s request to re-evaluate the $254 million bill it's facing for infringing Stryker Corp.’s surgical tool patents in a case that led the U.S. Supreme Court to relax the standard for awarding enhanced damages.

  • March 20, 2019

    A Look Back At The PTAB's Busy Two Weeks Of Precedents

    A wave of new precedents coming out of the Patent Trial and Appeal Board over the past two weeks has touched on everything from live testimony to motions to amend. Here is a rundown of the decisions to bring you up to speed.

Expert Analysis

  • Promising Signs For Patent Owners Amending At PTAB

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    In the year and a half since the Federal Circuit's decision in Aqua Products v. Matal, the Patent Trial and Appeal Board's grant rate for motions to amend has more than doubled, say Justin Krieger and Christopher Thomas of Kilpatrick Townsend & Stockton LLP.

  • Assessing Compliance Risk Under DOJ China Initiative

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    The U.S. Department of Justice's China Initiative should be a signal to Chinese companies, multinational companies with Chinese subsidiaries, and U.S.-based investors in Chinese companies — it's time to design and implement strong anti-corruption and anti-bribery programs, says Jean Chow-Callam of FTI Consulting Inc.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • 2 High Court Decisions Highlight Copyright Act Complexities

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    The U.S. Supreme Court's recent unanimous decisions in Rimini Street v. Oracle and Fourth Estate v. Wall-Street.com clarify terms in the Copyright Act that have been misconstrued for decades, say Alain Villeneuve and Evan Muller of Duane Morris LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • Opinion

    US Antitrust Law Supports An FTC Win Against Qualcomm

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    Though general propositions of antitrust appear to pose serious threats to the Federal Trade Commission's case against Qualcomm in the Northern District of California, a closer look shows how Qualcomm's use of its patents has distorted the competitive process, says Thomas Cotter of the University of Minnesota Law School.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Opinion

    Hikma V. Vanda Exaggerates Treatments' Patent Eligibility

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    Hikma's recent certiorari petition claims the Federal Circuit’s decision in Vanda v. West-Ward amounts to a free pass under Section 101 for method-of-treatment claims. But Vanda is a fact-specific ruling that attempts to find some middle ground in the U.S. Supreme Court’s Section 101 precedents, say Sasha Rao and Erin Gaddes of Maynard Cooper & Gale PC.