Intellectual Property

  • September 23, 2019

    Kanye Inks Deal To End Suit Over 'Lopsided' EMI Contracts

    Rap mogul Kanye West and his longtime publisher, EMI, have tentatively agreed to a deal to resolve West’s claims that EMI locked him into a “lopsided” business arrangement barred by California labor code, West told a Golden State federal court Monday.

  • September 23, 2019

    Fed. Circ. Won't Widen Stay Of L'Oreal Injunction In $50M Suit

    The Federal Circuit on Monday shot down L'Oreal USA Inc.’s request to suspend more of a district court’s order that had blocked the cosmetics giant from making and selling hair color products at the center of a $50 million patent infringement case brought by Olaplex LLC.

  • September 23, 2019

    9th Circ. Skeptical Jury Had To Hear 'Taurus' In 'Stairway' Case

    An attorney accusing Led Zeppelin of stealing the intro to “Stairway to Heaven” from an obscure song faced resistance from the Ninth Circuit on Monday to his argument that the jury should have heard the recorded version of the less-famous song during a trial.    

  • September 23, 2019

    USPTO Looks To Hire First-Ever Senior AI Expert

    The U.S. Patent and Trademark Office is looking for its first-ever senior-level artificial intelligence technical expert, who will provide expertise in developing solutions for “real-world, large-scale problems” using AI at the USPTO, according to an agency representative.

  • September 23, 2019

    Polsinelli Uses Stories To Lead Jack Henry To Alice Trial Win

    By crafting a concise theme and focusing jurors' attention on a simplified set of issues, Polsinelli PC helped Jack Henry & Associates defeat a $14 million patent suit over electronic check deposit technology, highlighted by a finding the patent is invalid under the Supreme Court's Alice test because it covers only an abstract idea.

  • September 23, 2019

    Fed. Circ. Won't Revive Bombardier Snowmobile Patents

    A Minnesota federal judge rightly upheld a jury verdict invalidating claims from two Bombardier Recreational Products Inc. snowmobile patents, the Federal Circuit has ruled, in a victory for Arctic Cat Inc.

  • September 23, 2019

    Loestrin Judge Assigns Antitrust Homework Before Hearing

    The Rhode Island federal judge handling Loestrin buyers' fraud and antitrust claims against drugmakers Warner Chilcott and Watson Pharmaceuticals directed both sides to answer questions related to the pharma companies' market power ahead of next week's potentially packed case hearing.

  • September 23, 2019

    PTAB Won't Reconsider Decision To Review Streaming Patent

    The Patent Trial and Appeal Board shot down MV3 Partners' request to reconsider its decision to review a patent covering a mobile set top box, saying it could find no clear error in its reasoning to institute inter partes review.

  • September 23, 2019

    Perkins Coie Welcomes Back IP Partner From Kirkland

    Perkins Coie LLP announced Monday that an intellectual property specialist has joined its San Francisco office from Kirkland & Ellis LLP, marking a return to the firm where she started her career as an attorney.

  • September 23, 2019

    Vaping Co. Seeks To Block Duracell's Optimum Batteries

    A New Jersey vaping company has asked a federal judge to order Duracell to stop using the Optimum name for its batteries, arguing it has held trademarks on the name for more than a decade. 

  • September 23, 2019

    PTAB Should've Axed Cancer Detection Patent, Fed. Circ. Told

    Canfield Scientific Inc. has told the Federal Circuit that the Patent Trial and Appeal Board disregarded an abundance of reasons the biotech company put forth to prove that a Melanoscan LLC patent covering a skin cancer detection device was invalid as obvious.

  • September 23, 2019

    Publishers Fight Audible's Bid To Nix Suit Over Text Captions

    A group of major book publishers is urging a New York federal judge to reject a bid by Amazon’s Audible to toss a copyright suit over a planned speech-to-text feature, saying the audiobook giant’s arguments are based on a misunderstanding of copyright law.

  • September 23, 2019

    Insurer Must Defend Strip Club In Models' Image Use Suit

    AIX Specialty Insurance Co. must provide a defense for Miami-area strip club Porky's Cabaret in a lawsuit brought by 17 models who have alleged the club used their images to draw in crowds without their consent and without paying them, a Florida federal judge ruled Friday.

  • September 23, 2019

    Bud Fights Limits On Coors Corn Syrup Ads At 7th Circ.

    Bud Light advertisements highlighting MillerCoors’ use of corn syrup in its beer feature the same statements the company has posted publicly for years, so they should not be forced to come down, Anheuser-Busch told the Seventh Circuit on Monday.

  • September 20, 2019

    London Calling: Wilson Hit With ‘Clash’ Tennis Racket TM Suit

    The owner of iconic British punk band The Clash's trademark filed a complaint in California federal court on Friday against Wilson Sporting Goods Co., accusing it of trademark infringement for its new line of "Clash" tennis rackets. 

  • September 20, 2019

    High Court Giving Much-Needed Ear To Copyright, Ex-SG Says

    The U.S. Supreme Court's upcoming term is stacked with copyright cases that will give practitioners a welcome opportunity to get the court's take on the "essence of copyright," former U.S. Solicitor General Donald B. Verrilli Jr. said Friday.

  • September 20, 2019

    9th Circ. OK Of LinkedIn Data Scraping May Curb CFAA

    The Ninth Circuit has found that scraping information in bulk from public LinkedIn profiles likely does not breach the federal Computer Fraud and Abuse Act, in a closely watched ruling that could rein in the reach of the oft-challenged anti-hacking law.

  • September 20, 2019

    Jury Rejects Celeb Chef's IP Claims Against Restaurants

    A California federal jury cleared a restaurant chain of liability over claims by its founder, a vegan celebrity chef who sold the chain in 2008, that it harmed her by illegally continuing to use her name and likeness.

  • September 20, 2019

    ABA Tells Justices TM Profit Awards Don't Need Willfulness

    The American Bar Association has weighed in on a circuit-splitting issue over when to award profits in trademark cases, telling the U.S. Supreme Court that federal trademark law does not require that willfulness be proven to make infringers hand over their profits.

  • September 20, 2019

    5 Keys To Selecting A Jury In A Patent Case

    Land the wrong group of jurors in a patent case, and the deck will be stacked against you at trial. But attorneys who do their homework, build a rapport with potential jurors and recognize the risks posed by those with subject-matter expertise will have a leg up in the selection process.

  • September 20, 2019

    Leading House Dem Wants Drug 'Hopping' Banned

    A top House Democrat has filed legislation aimed at cutting drug prices by outlawing a pharmaceutical industry practice known as “product hopping,” which pushes patients onto new, exclusively sold drugs when the companies’ patents on existing ones are set to expire.

  • September 20, 2019

    Buyers Win Class Cert. In Blood Clot Drug Monopoly Suit

    A Tennessee federal judge on Friday certified a class of thousands of Lovenox buyers in a suit from a Nashville hospital and a union health plan accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • September 20, 2019

    IP Hires: Amazon, WilmerHale, Mintz, Haynes And Boone

    Amazon Web Services has brought on a former USPTO director, WilmerHale hired a patent litigator from Durie Tangri, and Knobbe Marten's PTAB co-chair left for an IP boutique. Here are the details on these and other notable IP hires.

  • September 20, 2019

    PTAB To Review 2 Of 3 PGR Challenges To Computer Patent

    The Patent Trial and Appeal Board has agreed to launch two out of three post-grant reviews of a patent relating to computer circuit technology, finding the third challenge to be similar enough to one of the other two that it wasn’t worth the cost or time.

  • September 20, 2019

    Rothy’s Settles IP Row With Rival Shoemaker Over Ballet Flats

    A Virginia federal judge has dismissed an infringement and trade dress suit after Rothy’s Inc. and Oesh Shoes told the court they’d reached a deal to resolve allegations that an Oesh design was confusingly similar to Rothy’s ballet-style flats.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Stats Show Cannabis Patents Are Underutilized

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    Recent case law developments and analysis of U.S. Patent and Trademark Office data reveal that the legal status of cannabis in the U.S. may have depressed inventing vis-a-vis Canada and that design patents are a missed opportunity for cannabis companies, says Joshua Glucoft of Irell & Manella. 

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Must Inventors Be Humans? An Active Debate Over AI Patents

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    With the first international patents naming artificially intelligent algorithms as inventors filed this summer, and with the U.S. Patent and Trademark Office’s query into whether inventorship laws and regulations need revising, the debate over AI is testing the boundaries of patent laws in the U.S. and elsewhere, says Christian Mammen of Womble Bond.

  • Proposed Cloud Tax Regs Foggy On Sourcing

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    The U.S. Treasury Department's recently proposed regulations regarding the classification of cloud and digital content transactions for international tax purposes are sorely overdue. However, some of the proposed sourcing rules have proven to be quite controversial, say Edward Tanenbaum and Stefanie Kavanagh of Alston & Bird.

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    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • SEPs In The Wake Of Qualcomm: 4 Enforcement Issues

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    As demonstrated by recent court decisions such as Federal Trade Commission v. Qualcomm, standard-essential patent infringement suits are hardly straightforward. But these cases as well as statements from government agencies reveal key factors that SEP holders should keep in mind when seeking to enforce their patents, say attorneys at Sterne Kessler.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Outsourcing Facilities Face Rising Drug Compounding Risks

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    Recent actions by the U.S. Food and Drug Administration and lawsuits filed by drug manufacturers indicate that it is more important than ever for outsourcing facilities to comply with FDA policies regarding bulk drug substances allowed for use in compounding, say attorneys at Ropes & Gray.

  • Foreign Patentees, Heed Fed. Circ. Jurisdiction Ruling

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    As a result of the Federal Circuit's recent holding in Genetic Veterinary Sciences v. Laboklin that consenting to a cease-and-desist letter was sufficient to provide specific personal jurisdiction, foreign patent holders should pay careful attention to their license agreements and their enforcement and commercial activities within the U.S., say Daniel Melman and Sarah Benowich of Pearl Cohen.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • 2 Fed. Circ. Decisions May Signal Pro-Patentee Swing

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    The Federal Circuit's recent patent decisions in Ajinomoto v. U.S. International Trade Commission and Eli Lilly v. Hospira — on the tangential relation exception to the doctrine of equivalents — indicate that prosecution history estoppel may be becoming more favorable to patentees, says Sarah Kagan of Banner Witcoff.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Dissent Exposes Flaws In Fed. Circ. ANDA Patent Holding

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    In Nalpropion v. Actavis — a recent abbreviated new drug application case in the Federal Circuit centered on patent claim interpretation, the written description requirement and the substantial equivalence rule — the dissent reached a conclusion that is more consistent with years of jurisprudence than the majority's, says Daniel Pereira of Oblon McClelland​​​​​​​.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.