Intellectual Property

  • June 29, 2022

    Neurim Loses 2nd Bid To Stop Sale Of Rival Drug Brand

    A judge rejected on Wednesday a second attempt by drugmaker Neurim to temporarily block rival Teva UK Ltd. from selling its generic version of a melatonin medicine amid a patent dispute.

  • June 29, 2022

    Finnegan Elects New Managing Partner In Leadership Shuffle

    Washington, D.C.-based intellectual property firm Finnegan Henderson Farabow Garrett & Dunner LLP announced Wednesday that it has elected a new firmwide managing partner as former leader Anand Sharma moves up to become the firm's chair.

  • June 29, 2022

    Pfizer Wants Glaxo's Cold Vaccine Patents Nixed In UK

    Pfizer has urged a London court to invalidate three of rival GlaxoSmithKline's patents for vaccines for a common cold virus as the two companies race to get their respective treatments to market.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    11th Circ. Reverses Amazon's Win In Porn Biz Trademark Suit

    Amazon must face a jury trial over claims that its Fire TV video streaming device violates the trademark rights of the owner of porn streaming service FyreTV, the Eleventh Circuit ruled in a published opinion Tuesday.

  • June 28, 2022

    Fed. Circ. Wipes $11K Fee Ruling Over Confidential Emails

    A Federal Circuit panel splintered Tuesday in rejecting a lower court decision to hit a California patent lawyer and his client with $11,000 in fines and legal fees over allegedly emailing confidential materials to a partner attorney in a joint defense agreement, who used them in another case.

  • June 28, 2022

    USPTO Issues Report On Patent Eligibility Comments

    The U.S. Patent and Trademark Office issued a report to Congress Tuesday highlighting public comments the agency received on the state of patent subject matter eligibility law, with commenters across the spectrum agreeing that it needs to be consistent, clear and predictable.

  • June 28, 2022

    Instagram Photo Embedding Fight Lands In 9th Circ.

    The Ninth Circuit has been asked to revive a proposed class action challenging how easily Instagram lets websites embed photos, with two photographers arguing that a lower court relied on an outdated test that has been rejected by "virtually every court" considering the same issue.

  • June 28, 2022

    JPML Centralizes Cell Tech IP Suits Against Tesla, GM, Others

    Neo Wireless' cellular patent suits against several carmakers, including Tesla and General Motors, were transferred to the Eastern District of Michigan Tuesday after the U.S. Judicial Panel on Multidistrict Litigation determined centralization will streamline the related litigation and boost convenience.

  • June 28, 2022

    Atari Asks 9th Circ. To Revive IP Suit Against Redbubble

    Atari wants the Ninth Circuit to let it have a new trial after it was dealt a loss in its suit alleging Redbubble sold merchandise with images stolen from its signature video games, saying the jury was given incorrect instructions.

  • June 28, 2022

    ITC Judge Says Apple Infringed Rival's ECG Wristband

    A U.S. International Trade Commission judge has determined that Apple has infringed two patents covering medical device maker AliveCor's wristband device for measuring irregular heartbeats.

  • June 28, 2022

    Russian Vodka Brands Again Caught Up In $50B Award Fight

    Former shareholders of Yukos Oil Co. said Tuesday that a Dutch appeals court has revived their bid to seize the trademarks of two iconic Russian vodka brands, Stolichnaya and Moskovskaya, as they continue their yearslong effort to enforce $50 billion in arbitral awards against Russia.

  • June 28, 2022

    Warby Parker Escapes 1-800 Contacts' Search Engine TM Row

    A New York federal judge has cleared eyewear provider Warby Parker of claims it infringed 1-800 Contacts' trademarks with allegedly targeted search engine advertisements, ruling that reasonably sophisticated consumers can tell the difference between the rivals' distinct marks.

  • June 28, 2022

    Alcon Eye-Drop Patents Survive Invalidity Appeal

    A London appeals court on Tuesday upheld Alcon's patent for eye drops used to treat glaucoma, rejecting a generic-drug maker's argument that the intellectual property was obvious given earlier publications.

  • June 28, 2022

    3rd Circ. Casts Doubtful Eye On Auto Glass Co. In PPG IP Row

    A Chinese automobile glass company that allegedly ripped off PPG Industries' aircraft windshield trade secrets appeared to have a difficult time convincing the Third Circuit on Tuesday that, despite its decision to participate in the lawsuit only after being slapped with a default judgment, PPG isn't entitled to $26 million in damages.

  • June 28, 2022

    Clifford Chance Recruits IP Pro From Ashurst

    Clifford Chance LLP has hired a new partner from Ashurst LLP in London as part of its plans to build out its offerings in technology and intellectual property.

  • June 28, 2022

    Fla. Legal Services Co. Says Ex-Partner Stole Trade Secrets

    Legal services company Veritas Legal Plan Inc. has accused a former business partner in a Florida federal court of illegally using its training, documents and customer list to become a competitor.

  • June 28, 2022

    CBD Cos. Hit With TM Suit Over 'Full Send' Mark

    Cannabis seller FullSend has accused two rivals of stepping on its toes with a logo modeled too closely after its own and has asked a New York federal court to step in.

  • June 27, 2022

    Cointreau Settles TM Suit Against Cannabis Co. Canopy

    Liqueur manufacturer Cointreau Corp. has settled its trademark dispute with Cannabis giant Canopy over a CBD-infused sparkling water drink called "Quatreau," according to a notice filed in New York federal court Monday.

  • June 27, 2022

    Fed. Circ. Backs Patent Challengers More Than Patent Owners

    Patent owners face a tougher road on appeal than accused defendants and patent challengers, with the Federal Circuit affirming underlying decisions patent owners want overturned 78% of the time, according to statistics from Morrison & Foerster.

  • June 27, 2022

    Skechers Says HDI Tripped Over Trade Dress Claims Defense

    Skechers told a California federal court that HDI Global Insurance Co. prematurely terminated its defense in an underlying trade dress and slogan dispute over its Commute Time shoes and failed to reimburse the shoe giant for over $3 million in defense costs.

  • June 27, 2022

    TTAB Finds Education Co.'s 'Hi-Lo Solutions' TM Descriptive

    The Trademark Trial and Appeal Board has refused to let an educational company register the term "Hi-Lo Solutions" for remedial e-books, finding that the term merely describes a well-known concept in the industry for highly interesting books for low reading levels.

  • June 27, 2022

    Feds Shut Down 6 Websites In Music Piracy Sting

    Prosecutors in Virginia announced Monday that they have "seized" a handful of website domain names that they say were involved in "streaming and downloading copyright-protected content," as part of a larger anti-piracy operation that the federal government is conducting in tandem with prosecutors in Brazil.

  • June 27, 2022

    Jack Daniel's Hits Cider Co. With TM Suit

    Whiskey brand Jack Daniel's has launched a trademark infringement lawsuit in Tennessee federal court claiming a hard cider maker's "Jack's Hard Cider" brand is likely to confuse consumers.

Expert Analysis

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • What 'The' OSU Trademark Win Means For Businesses

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    Ohio State University's successful argument to the U.S. Patent and Trademark Office that the word "The" is essential to its brand gives OSU the opportunity to assert its mark, and college administrators and small T-shirt business owners seeking to establish a brand or business name would do well to utilize a number of tools available to help avoid conflicts, says David Newman at Mahamedi IP.

  • Thinking Strategically About The Weekend's Impact On Jurors

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    Clint Townson at IMS discusses how experienced trial lawyers and consultants can utilize the strategic value of weekends in their favor by accounting for how the weekend break affects juror cognition and decision making as part of an integrated trial strategy.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • Advising A Cannabis Business Amid Patchwork Of Regs

    Excerpt from Practical Guidance
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    As the cannabis industry continues to grow, so does its widely varied patchwork of local, state and federal regulation, and practitioners should familiarize themselves with the specific rules on tax, real estate, intellectual property and banking applicable in the jurisdictions where their clients operate, say Patrick Hines and Fallon Martin at Hodgson Russ.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Fed. Circ. AI Inventor Case Offers A Glimpse Into The Future

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    The recent oral argument in Thaler v. Vidal marks the first time that the Federal Circuit has substantively considered artificial intelligence, and while the court pushed back on arguments that an AI machine is entitled to patents, the broader context of this appeal can provide strategic guidance for future AI litigation, says Mark Davies at Orrick.

  • 1st Amendment May Help Cannabis Cos. Beat TM Claims

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    Frederic Rocafort at Harris Bricken explains how the First Amendment’s free speech protections may present a legal recourse for cannabis brands facing trademark infringement claims — if they can show that their parodic marks have artistic relevance and do not intentionally mislead consumers.

  • Enforcement Trends To Watch After SEP Remedies Withdrawal

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    Patent holders and implementers will need to consider several key issues in light of the new case-by-case federal enforcement stance following the withdrawal of the 2019 policy statement on standard-essential patents and the recent decision not to implement a new policy statement, say Alexander Okuliar and John Lanham at MoFo.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • How High Court May Tackle Fair Use In Warhol Case

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    After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

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