Intellectual Property

  • September 13, 2021

    Judge Opposes Firm's Bid To Halt Timeshare Co.'s 'Sham' Suit

    A Florida federal magistrate judge has recommended that a Missouri law firm's request to block timeshare company Bluegreen Vacations' lawsuit against the firm as a sham be denied, based on her conclusion that the firm failed to show it is likely to prevail on an antitrust counterclaim.

  • September 13, 2021

    Recur Raises $50M To Bring NFTs To College Sports

    Nonfungible token platform Recur said Monday it raised $50 million in its first major funding round as it works to build a platform for NFTs linked to college sports.

  • September 13, 2021

    MVP: DLA Piper's Tamar Duvdevani

    Tamar Duvdevani led a DLA Piper team that helped Dr. Seuss Enterprises score a precedential reversal from the Ninth Circuit, which ruled that a comic book mashup of Dr. Seuss and "Star Trek" was not protected by copyright law's fair use doctrine, earning her a spot as one of Law360's 2021 Intellectual Property MVPs.

  • September 13, 2021

    Koss' Headphone Patents Face Alice Challenge In Calif.

    The electronics company Plantronics Inc. wants a California federal judge to rule that patents owned by headphone maker Koss Corp. are invalid under the U.S. Supreme Court's Alice ruling after getting the case transferred out of the Western District of Texas.

  • September 13, 2021

    Law360's Glass Ceiling Report: What You Need To Know

    Law firms are facing renewed calls to step up their efforts on equity and inclusion. But when it comes to closing the gender gap, law firms still have a long way to go, our annual survey shows.

  • September 13, 2021

    Nokia Can Serve 3G IP Claims Against Oppo Group In China

    A London court has given Nokia permission to serve its patent infringement claims in China over 3G technology against electronics giant OnePlus and several other telephone makers.

  • September 10, 2021

    Judge Doubts GM's Bid To Block Ford's 'BlueCruise' Brand

    A California federal judge appeared skeptical Friday of General Motors' request for a preliminary injunction blocking Ford Motor Co. from using "BlueCruise" to describe its automated driving features, saying the likelihood that GM would win its case is "unclear" and there's "substantial evidence" that the word "cruise" has been used generically.

  • September 10, 2021

    Infineum Asks Justices For Patent Do-Over Under Arthrex

    Infineum has asked the U.S. Supreme Court for a shot under the recent Arthrex decision to ask the patent office director to overturn the invalidation of its motor oil patent, saying the Federal Circuit's contrary ruling rests on a "fundamental misapplication" of the law.

  • September 10, 2021

    Fed. Circ. Won't Stop NY Judge From Narrowing Printer IP Suit

    The Federal Circuit on Friday declined to intervene in a bid by a Nebraska-based youth sports company to fight a New York federal judge's order to limit the number of patents related to printer and copier technology it can assert against Xerox Corp.

  • September 10, 2021

    Despite 'Concerns,' Fed. Circ. Won't Ax OnePlus WDTX Cases

    The Federal Circuit on Friday said it had "concerns" about the procedures Western District of Texas Judge Alan Albright used to allow a patent owner to serve Chinese smartphone maker OnePlus with five infringement complaints, but refused to order him to throw out the cases.

  • September 10, 2021

    Brand Battles: James Beard Starts 'Good Food' TM Fight

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the James Beard Foundation is trying to block a food rescue and hunger prevention charity's trademark application for the phrase "Good Food for Good People" — plus four other cases you need to know about.

  • September 10, 2021

    9th Circ. Revives Copyright Fight Over Indy Skyline Image

    The Ninth Circuit is reviving a copyright lawsuit filed by an attorney who has filed hundreds of such cases over a photo of the Indianapolis skyline, rejecting what it called a "strained reading" of the so-called de minimis use defense.

  • September 10, 2021

    Roku Remote Control Infringement Ruling To Get ITC Review

    The U.S. International Trade Commission said Thursday it will review parts of a judge's July ruling holding that Roku's older television remote controls infringe a Universal Electronics patent and is seeking public comment on whether it should exclude Roku's products from being imported if infringement is found.

  • September 10, 2021

    Breaking IP Barriers: Q&A With Akin Gump's Rubén Muñoz

    Rubén H. Muñoz came to the U.S. for college with only a basic knowledge of English, but the universal language of science and math led him on a path toward intellectual property law. Now the partner in charge of Akin Gump Strauss Hauer & Feld LLP's Philadelphia office, he uses his experience to encourage more Latino attorneys to thrive in IP.

  • September 10, 2021

    Fed. Circ. Affirms FanDuel's Alice Patent Win

    The Federal Circuit has affirmed FanDuel's win that a Delaware federal judge had labeled a "jackpot" victory against CG Technology Development's mobile device patent infringement claims.

  • September 10, 2021

    Fla. Judge Recommends $600K In Fees For Commodores Suit

    A Florida magistrate judge on Thursday recommended a court award of more than $600,000 in fees and costs to attorneys at Trenam Kemker for their representation of the remaining members of the Commodores in their more than six-year trademark battle against former lead guitarist Thomas McClary.

  • September 10, 2021

    IP Hires: Snell & Wilmer, Coin Metrics, Mammoth Biosciences

    Snell & Wilmer brought on a former Eversheds Sutherland patent lawyer to the firm's growing San Diego office, while crypto financial intelligence firm Coin Metrics tapped Refinitiv Americas' former top attorney as general counsel. Here are the details on these and other notable hires.

  • September 10, 2021

    China's Top Court Affirms Right To Set Global FRAND Rates

    China's top court has affirmed that a lower court had jurisdiction to set global licensing rates for 3G and 4G standard essential patents in an intellectual property dispute involving a Chinese mobile phone manufacturer and Japan-based Sharp Corporation, according to an unofficial copy of the decision and interviews with IP experts.

  • September 10, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen DLA Piper sue a private equity firm, U.K. pharmacy giant Boots facing a mass equal pay claim, and Quinn Emanuel Urquhart & Sullivan UK LLP targeted by a Russian billionaire. Here, Law360 looks at those and other new claims in the U.K.

  • September 10, 2021

    MVP: Keker Van Nest's Robert Van Nest

    Robert Van Nest of Keker Van Nest & Peters LLP has secured major victories for high-profile tech clients, including Google in a multibillion-dollar copyright lawsuit brought by Oracle over the Android platform, earning him a spot as one of Law360's 2021 Intellectual Property MVPs.

  • September 09, 2021

    Fed. Circ. Won't Eye Appeal Over Post-IPR Invalidity Argument

    The Federal Circuit on Thursday refused to take up lighting manufacturer DMF Inc.'s appeal of a California federal judge's decision allowing an accused infringer to make an invalidity argument similar to the one it unsuccessfully made to the Patent Trial and Appeal Board.

  • September 09, 2021

    Fed. Circ. Backs Post-Grant Review Axing Air Mattress Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that struck down an air mattress patent challenged by Intex, finding that the board correctly found that the patent qualified for post-grant review and was invalid for being indefinite.

  • September 09, 2021

    Sonos Tells ITC Not To OK 'Trivial' Google Patent Redesigns

    Sonos has urged the U.S. International Trade Commission to reject a judge's finding that while current Google products infringe the speaker maker's patents, revamped versions do not, saying that blessing Google's "trivial" and "half-baked" software redesigns will undermine patent owners' faith in the ITC "forever."

  • September 09, 2021

    HHS Targets Drug Prices In New Proposal

    The U.S. Department of Health and Human Services said Thursday it wants federal lawmakers to work on reducing prescription drug costs in part by allowing Medicare to negotiate drug prices.

  • September 09, 2021

    Google Won't Seek Dismissal Of Epic, AG Play Store Suits

    Google will face four antitrust complaints from state attorneys general and private plaintiffs including Epic Games head on, confirming to a California federal judge Thursday that it has abandoned a prior strategy of trying to get allegations over its Play Store policies dismissed.

Expert Analysis

  • Opinion

    Federal Tech, Trade Bill Needs IP Owner Transparency Tweaks

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    A pending federal bill to advance innovation contains an amendment, aimed at exposing Chinese interests in U.S. patent assignments, that needs refinement to involve proper legislative channels and boost patents' value, say former U.S. Patent and Trademark Office Director David Kappos, now at Cravath, and former Federal Circuit Chief Judge Paul Michel.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Drafting, Litigation Tactics Post-Fed. Circ. Camera Patent Ax

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    Patent drafters and litigants can employ several strategies to avoid the result in the recent Federal Circuit Yu v. Apple decision, which upheld the invalidation of a digital camera patent as abstract where there was a mismatch between the claims and specification of the invention's advantages, says attorney Jason German.

  • 6 Ways To Guide Applications Under New Patent Classification

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    Intellectual property practitioners can navigate the recently implemented Cooperative Patent Classification system to direct applications to specific prior art units within the U.S. Patent and Trademark Office, avoid especially difficult units, and improve clients' portfolios in newly emerging technologies, say Roberta Young and Brian Michaelis at Seyfarth.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Justices' CFAA Ruling Shows Contract Safeguards Insufficient

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    Because of the U.S. Supreme Court's ruling in Van Buren v. U.S. that violating contractual limitations on proper use doesn't trigger Computer Fraud and Abuse Act liability, courts will likely also find violations of contractual limitations on access insufficient, so businesses should promptly implement technological barriers, says Aaron Dilbeck at Munck Wilson.

  • Opinion

    We Need Reliable Data On Patent Agent, Atty Gender Diversity

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    New U.S. Patent and Trademark Office data showing that four times as many women become patent agents compared to patent attorneys is likely not accurate, and a better measure involves investigating registered attorneys' and agents' statuses over time, says Christopher Turoski at the University of Minnesota Law School.

  • Central Bank-Backed Crypto Requires Regulatory Framework

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    As countries roll out central bank-backed digital currencies, establishing global uniformity in financial and intellectual property regulations will be crucial to prevent fraud, deceptive practices and general confusion, says Ali Dhanani at Baker Botts.

  • Anticipating Patent System Change-Ups Under Biden

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    Though early signs indicate that the Biden administration isn't prioritizing patent system repair, practitioners should carefully monitor the imminent change in U.S. Patent and Trademark Office leadership in advising clients on whether and when to file inter partes reviews, says Kevin Schubert at McKool Smith.

  • 5 Practical Takeaways From High Court Arthrex Ruling

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    William Milliken at Sterne Kessler offers considerations on the narrow scope of the U.S. Supreme Court's holding on Monday in U.S. v. Arthrex, that Patent Trial and Appeal Board judges are unconstitutionally appointed, and contemplates the questions it leaves open for litigants and practitioners.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • DOJ Antitrust Letter Charts Path To Higher Ed IP Collaboration

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    A recent letter from the U.S. Department of Justice to a group of research universities indicated that a proposed technology-focused patent licensing pool contained sufficient competition protections, providing a collaboration road map that higher education can use to support further IP development, say attorneys at BCLP.

  • A Practical Metric For Annual Patent Filing Targets: Part 2

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    Companies can prepare an estimated budget for patent portfolio management by factoring in the expected costs of preparing and filing provisional U.S. patent applications, based on the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, say Michael Sartori and Matthew Welch at Baker Botts.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Fed. Circ. Raytheon Ruling Shifts Obviousness Analysis

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    The Federal Circuit's recent decision in Raytheon v. General Electric collapses distinctions between prior art analyses for anticipation and single-reference obviousness, shedding light on enablement requirements for invalidating patent claims, says John Nilsson at Arnold & Porter.

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