Intellectual Property

  • March 05, 2021

    ITC Faults SK In Trade Secret Fight With LG

    The U.S. International Trade Commission has criticized SK Innovation Co.'s alleged "destruction of evidence" as "extraordinary" in a trade secret case from rival LG Energy Solution.

  • March 05, 2021

    CBD Co. Execs Can't Rewrite Admissions, Investor Says

    Executives of a CBD company shouldn't be allowed to take back admissions they already made, an investor in the company told a Nevada federal judge in regards to his case against them.

  • March 05, 2021

    Harvard Deemed Owner Of Slave Photos, Not Descendent

    A Massachusetts state court judge dismissed a suit from a woman who claims that Harvard University profited off of the images of her enslaved ancestors while unlawfully ignoring her requests to hand over the nearly 170-year-old photos.

  • March 05, 2021

    Intel Cites VLSI's 'Enormous Verdict' As Reason To Delay Trial

    Three days after a jury in Waco, Texas, said Intel should pay over $2 billion for infringing VLSI's chip patents, Intel Corp. urged U.S. District Judge Alan Albright not to move the next trial in the case over different patents to Waco, citing the pandemic and the possibility of the first verdict tainting the jury.

  • March 05, 2021

    Duke University Is A 'Trademark Bully,' Its Law Professors Say

    A new study by two Duke University professors says their own employer is a "trademark bully." To learn more, Law360 sat down with one of the authors to chat about why they wrote it, what they found and what might come next.

  • March 05, 2021

    ITC Probes Samsung Semiconductor Claims Against Ericsson

    The U.S. International Trade Commission has announced it is looking into Samsung's allegations that Ericsson's imported semiconductor devices used in 5G networks infringe its patents, less than a month after the trade court agreed to investigate a similar complaint Samsung lobbed against Ericsson's imported 5G network equipment.

  • March 05, 2021

    Jones Day's Hacked Vendor Taps Latham For Breach Suits

    File transfer software vendor Accellion, whose recent hack may have exposed data from its BigLaw clients like Jones Day, has hired Latham & Watkins LLP to represent it in a slew of data breach lawsuits in federal court, according to attorney notice filings Thursday.

  • March 05, 2021

    Fed. Circ. Asks If There's 'No Looking Back' In PTAB Reviews

    A Federal Circuit panel on Friday appeared skeptical of arguments by satellite TV providers, including Dish Network Corp., that the Patent Trial and Appeal Board can't reverse a decision to review a patent's validity.

  • March 05, 2021

    Brand Battles: Poo-Pourri Raises Stink Over Toilet Co.'s TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the company behind viral toilet spray "Poo-Pourri" is seeking to wipe out toilet-footstool maker Squatty Potty's trademark registration for its own scented spray — plus two other cases you need to know.

  • March 05, 2021

    Samsung Fights Patent Biz's Waco Transfer Bid

    Samsung has told U.S. District Judge Alan Albright that a patent-holding company shouldn't be able to transfer an infringement case against Samsung to Waco, Texas, because the parties already agreed to keep the dispute in Austin and the suit is not at all like VLSI's case against Intel.

  • March 05, 2021

    Ga. Judge Bars Ex-Exec From Soliciting Hauser Clients

    A Georgia state court judge barred a former Hauser Inc. executive on Friday from soliciting certain Hauser clients in his new job at a rival company until late September, but trimmed the scope of some of his employment agreements.

  • March 05, 2021

    Prudential Can't Block Trial Testimony In Web Domain Fight

    A Virginia federal judge on Friday denied Prudential Insurance Co. of America's request to block the registrant of a domain name identical to the insurance giant's trademark from giving testimony in the cybersquatting case.

  • March 04, 2021

    HEB Seeks Patent Trial Delay Due To Virus, PTAB, Weather

    Grocery store chain HEB asked a Texas federal judge to postpone an in-person jury trial in a patent fight over scan-and-pay technology, citing the COVID-19 pandemic, the state's recent weather crisis and a looming Patent Trial and Appeal Board decision.

  • March 04, 2021

    White House To Review ITC Import Ban On Car Batteries

    The U.S. Department of Transportation will review how a recent 10-year import ban on a South Korean company's electric vehicle batteries affects President Joe Biden's clean transportation goals, according to the nominee for the No. 2 job at the agency.

  • March 04, 2021

    Schlumberger Unit Says Albright's Past Clouds Transfer Bid

    Schlumberger unit M-I LLC said Thursday that it wants input from a Texas federal judge before agreeing to transfer its patent infringement case to U.S. District Judge Alan Albright, whose former firm used to represent the defendant in the case.

  • March 04, 2021

    Hotels Say Expedia Shouldn't Join TravelPass Antitrust Suit

    Three hotel chains have urged a Texas federal judge to deny Expedia's bid to intervene in TravelPass' antitrust suit, which claims the chains conspired to keep it from bidding on search terms, saying TravelPass has already opposed releasing information about a private arbitration between the two booking companies.

  • March 04, 2021

    Comcast Asks Justices For 2nd Try At Voice Tech Patent Fight

    Comcast wants the Supreme Court to settle the question of whether administrative patent judges were constitutionally appointed, hoping that a ruling that they weren't would give the cable company another shot at invalidating patents covering TV voice recognition technology.

  • March 04, 2021

    PTAB To Take A Look At Peloton Patent

    The Patent Trial and Appeal Board has agreed to review a small exercise bike maker's bid to review Peloton's computerized exercise system patent, adding another layer to a fight where the fitness giant is accused of stifling competition by forcing rivals to defend against patents it likely knows are invalid.

  • March 04, 2021

    Teva Faces EU Antitrust Probe Over MS Drug Patent Strategy

    European enforcers are investigating Teva over concerns the pharmaceutical company delayed the emergence of generic competitors to its blockbuster multiple sclerosis drug Copaxone by misusing patent procedures and disparaging rivals.

  • March 04, 2021

    Soul Singer Wails At 9th Circ. Over Royalties Cert. Denial

    1970s soul singer Lenny Williams sang a sad song to the Ninth Circuit Thursday, saying his class certification bid alleging that thousands of Warner Music artists were underpaid millions of dollars in royalties was wrongly denied because Warner was given too much power in discovery and allowed to handpick 100 contracts to share.

  • March 04, 2021

    Justices Told Adobe IP Case Wrongly Ordered Out Of WDTX

    SynKloud Technologies wants the U.S. Supreme Court to overturn a Federal Circuit decision ordering U.S. District Judge Alan Albright to transfer its patent case against Adobe Inc. from Texas to California. 

  • March 04, 2021

    Fed. Circ. Vacates L'Oreal Injunction In Hair Care Fight

    The Federal Circuit on Thursday vacated an injunction against L'Oreal's hair care products at the center of a $50 million patent case brought by Olaplex, faulting a lower court's "inappropriate" summary judgment ruling given the genuine questions of material fact regarding infringement.

  • March 04, 2021

    King's Hawaiian Settles Trade Dress Suit With Competitor

    The maker of King's Hawaiian sweet rolls has settled a federal trade dress dispute with a bread-baking rival that it had accused of copying its signature bright orange packaging for the bread.

  • March 04, 2021

    'The Consumer Protection Firm' Is Generic, TTAB Finds

    The Trademark Trial and Appeal Board is refusing to let a Florida law firm register "The Consumer Protection Firm" as a trademark, saying it was merely a generic phrase.

  • March 04, 2021

    US Army Didn't Violate Trademark License, Fed. Circ. Says

    The Federal Circuit on Thursday rejected a lawsuit accusing the U.S. Army of violating a trademark licensing deal with an apparel company by sometimes refusing to approve projects — including an ad campaign featuring Dwayne "The Rock" Johnson.

Expert Analysis

  • Declaratory Judgments Unavoidable For Biosimilar Applicants

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    Data from recent Biologics Price Competition and Innovation Act litigation suggests that a biosimilar applicant will inevitably face a declaratory judgment action irrespective of the amount and type of information it provides to the brand holder, say attorneys at Morgan Lewis.

  • Opinion

    IRS Should Level The Field For R&D Tax Credits

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    A recent increase in denials of research and development tax credits to small businesses in the architectural, engineering and construction community shows the Internal Revenue Service should issue new guidance to ensure a fair playing field and an opportunity to continue innovating in the U.S., says Julio Gonzalez at Engineered Tax Services.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • New TM Act's Irreparable Harm Presumption Is Not A Panacea

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    Contrary to a popular take, the new Trademark Modernization Act has not simply restored the status quo on the presumption of irreparable injury from likelihood of confusion, and the new legal landscape brings burdens and blessings for plaintiffs and defendants, say William Atkins and Richard Kirkpatrick at Pillsbury.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Opinion

    It's Time To Fix The Patent System's Gender Problem

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    Recent attention from the U.S. Senate to the gender gap in patent law shows that it's time to rethink qualifying for the patent bar, as well as the educational and business systems that perpetuate outdated stereotypes, say Julie Reed and Marie Weiskopf at Miller Nash.

  • How Cos. Can Combat Knockoffs At And Beyond ITC This Year

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    To tackle knockoffs, the $500 billion criminal enterprise that economists predict will double by 2022 due to exponentially rising e-commerce and the pandemic's effects, brand-protective companies should deploy U.S. International Trade Commission remedies and a variety of alternatives, say Josh Pond and Preetha Chakrabarti at Crowell & Moring.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • 5 Hiring Strategies For Diversifying The Patent Bar

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    Law firms looking to diversify historically male-dominated patent practices should examine their hiring practices, expand their pool of applicants from underrepresented groups, tailor job postings and revamp interview processes, says Elaine Spector at Harrity.

  • 9th Circ. Ruling Could Limit Copyright Statutory Damages

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    After the recent Desire v. Manna Textiles decision tossing a statutory damages verdict in the Ninth Circuit, copyright plaintiffs there may no longer be able to multiply the number of available statutory damage awards per work based on the number of downstream infringers, says Matthew Gershman at Greenberg Traurig.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Patent Numbers May Be Declining, But Innovation Isn't

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    The 2020 decline in patents issued to eight out of 10 top filers at the U.S. Patent and Trademark Office suggests that we may see further weakness in filing activity in the following years, but we should expect growth in the number of patents filed by emerging technology companies, says Pedram Sameni at Patexia.

  • Opinion

    USPTO Should Rethink Its Resistance To Political Slogan TMs

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    Considering the registrability of the Jan. 6 rallying cry "Stop the Steal" as a trademark, John Halski at Perkins Coie finds that the U.S. Patent and Trademark Office should adopt an approach that more clearly acknowledges that political slogans may function as trademarks in certain situations and that clearly identifies reasons for refusal.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

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