Intellectual Property

  • October 15, 2021

    3rd Circ. Nixes Injunction In Baking Co.'s Trade Secrets Suit​

    A Third Circuit panel considering Mallet & Co.'s trade secret suit against rival baking equipment maker Synova LLC reversed an order blocking Synova from making certain products and employing former Mallet workers, finding Friday that Mallet must identify the particular trade secrets Synova allegedly misappropriated and demonstrate that they're protected.

  • October 15, 2021

    Carmen Electra, Models Slam NC Strip Clubs Over Image Use

    Two groups of professional models, including "Baywatch" actress Carmen Electra, have slapped two North Carolina strip clubs with publicity rights suits in federal court for illegally using their images, while the U.S. Supreme Court reviews a similar case.

  • October 15, 2021

    Zydus Infringed AstraZeneca's Diabetes Drug IP, Judge Rules

    A Delaware federal judge held Friday that Zydus Pharmaceuticals infringed an AstraZeneca patent for a diabetes drug, saying Zydus failed during a four-day bench trial to prove that any of the asserted claims were obvious.

  • October 15, 2021

    Skin Care Co. Ordered To Pay $2.3M For Copied Packaging

    A Florida federal judge has ordered a skin care company to pay a rival $2.3 million after a jury found the business ripped off copyrighted text and design elements for its anti-aging cream packaging.

  • October 15, 2021

    ITC Ends IP Fight Over Food Service Equipment Imports

    The U.S. International Trade Commission refused to block five Chinese companies' imports of food service equipment that Illinois Tool Works and three affiliates claim is built on intellectual property stolen by former senior employees.

  • October 15, 2021

    Brand Battles: DC Comics Faces TM Fight Over 'The Flash'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, "Batman" and "Superman" comic book publisher DC Comics is being challenged over its request to register "The Flash" as a trademark — plus three other cases you need to know about.

  • October 15, 2021

    Avery Dennison Owes Over $62M In Patent Row, Judge Says

    Following an Oregon federal jury's finding that Avery Dennison infringed an inventor's patent for RFID tags, a federal magistrate judge on Thursday determined the company owed more than $62 million, which includes about $20 million in sanctions.

  • October 15, 2021

    NPE Patent Cases Increase By 11% In 2021

    Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

  • October 15, 2021

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

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    IP Hires: White & Case, Foley & Lardner, Gibson Dunn

    White & Case has brought on a former Quinn Emanuel patent partner with experience in the pharmaceutical sector, and Foley & Larner tapped a four-person intellectual property team to grow its new Salt Lake City office. Here are the details on these and other notable hires.

  • October 15, 2021

    Software Co. Lobs Trade Secret Claims In $47M Monopoly Suit

    Firing back against a $47 million lawsuit accusing it of monopolizing the market for utility data management, an Atlanta software company countersued for trade secret misappropriation and unfair competition against a startup founded by its alumni.

  • October 15, 2021

    Boehringer Loses Bad Faith Claim In Diabetes Drug Deal Suit

    A London judge has sided with Royalty Pharma in its €23 million ($26.6 million) claim against Boehringer Ingelheim International GmbH, finding the patent licensing company did not change the basis on which it can collect royalties in bad faith.

  • October 14, 2021

    Fed. Circ. Upholds HP's Victory In Printing Patent MDL

    The Federal Circuit on Thursday affirmed a Texas federal court's decision to clear HP and other companies in multidistrict litigation accusing them of infringing several printing patents, while upholding an attorney fee order that the patent owner engaged in misconduct.

  • October 14, 2021

    Zoom Can Hang Up On RingCentral Before Trial, 9th Circ. Says

    The Ninth Circuit denied RingCentral's preliminary injunction bid against Zoom that sought to keep in place an agreement allowing RingCentral to resell Zoom's videoconferencing services, holding Thursday that a lower court did not err in finding the companies' contract provisions are too ambiguous to authorize an injunction.

  • October 14, 2021

    Fed. Circ. Backs $5M Atty Fees In Fracking Patent Case

    The Federal Circuit on Thursday stood by a North Dakota federal judge's holding that Heat On-The-Fly LLC must pay $5 million in attorney fees for infringement litigation where it asserted a fracking patent it knew was invalid.

  • October 14, 2021

    IP Forecast: Amazon To Fight 'Jewish Stereotype' Claims

    U.S. District Judge Alan Albright next week will hear an Israeli kitchen technology startup's allegations that lawyers for Amazon played on Jewish stereotypes to bias a Texas jury into finding that the retail giant didn't infringe patents on voice-ordering technology. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 14, 2021

    Lawmakers Say Moderna Deal May Let Gov't Share Vax Recipe

    A collection of federal lawmakers wrote to President Joe Biden's COVID-19 officials, saying Moderna's vaccine contract with the U.S. might let the government share the recipe with others in an attempt to increase access to vaccines across the world.

  • October 14, 2021

    ITC Explains Finding Chamberlain Infringed Garage Door IP

    The U.S. International Trade Commission's initial determination that The Chamberlain Group's imports infringe five Overhead Door patents has been made public, outlining multiple forms of infringement and saying a cease-and-desist order is warranted.

  • October 14, 2021

    Cher Says Sonny's Widow Can't Turn Back Time On Royalties

    Cher sued Sonny Bono's widow in California federal court Thursday claiming she is owed royalties from the duo's 1960s and 1970s hits via a decades-old agreement giving her 50% of the Sonny & Cher musical catalog.

  • October 14, 2021

    Fed. Circ. Confirms No Director Review For Closed Cases

    A company that exhausted the appeals process for its patent invalidation last year isn't eligible for the U.S. Patent and Trademark Office's new director review process, the Federal Circuit said Thursday.

  • October 14, 2021

    Jury Clears Oculus Founder, Facebook Unit Of IP Theft

    A California federal jury on Wednesday cleared Oculus VR's founder and a Facebook subsidiary on allegations that the billionaire lied about his progress on virtual reality headset designs that Total Recall Technologies contracted him to create and then sold them to Facebook for $2 billion.

  • October 14, 2021

    WTO Makes Some Progress On COVID IP Waiver Talks

    The World Trade Organization members made "encouraging" progress during a Thursday meeting on the proposed intellectual property waiver on COVID-19 vaccines, but reached no clear resolution ahead of a December deadline.

  • October 14, 2021

    Albright Gives Attys Carte Blanche To Seal Patent Filings

    U.S. District Judge Alan Albright of the Western District of Texas will no longer require attorneys in patent cases to get permission before filing sealed documents with confidential information so long as they follow up promptly with a public, redacted version, according to a recent order.

  • October 14, 2021

    Greenspoon Marder Names IP Partner As New Group Head

    Greenspoon Marder LLP named an Arizona-based partner as the new leader of its fast-growing intellectual property practice group, the firm announced earlier this week.

  • October 14, 2021

    Barnes & Thornburg Snags IP Partner From Womble Bond

    Barnes & Thornburg lured a new partner away from Womble Bond Dickinson LP, with almost two decades of experience in practicing intellectual property law for its Atlanta office.

Expert Analysis

  • Opinion

    Copyright Law's Employment Test Is Frighteningly Outdated

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    In Horror Inc. v. Miller, the Second Circuit's recent analysis of whether the defendant was an employee or an independent contractor, and thus able to terminate his copyright, illustrates why copyright employment principles need to be updated in view of the post-COVID-19 work context, says Matthew Fagan at Kacvinsky Daisak.

  • What SEP Holders Can Take Away From UK's Apple Ruling

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    A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

  • Anti-Retaliation Refresher Following Facebook Whistleblower

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    A former Facebook employee’s recent sharing of internal documents with government agencies and the press reminds that whistleblowers are shielded by strong anti-retaliation protections — with certain limitations, depending on the type and scope of material taken and the parties that receive it, says Alia Al-Khatib at Katz Marshall.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Fed. Circ. Ruling Instructive On Defeating Patent Obviousness

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    The recent Federal Circuit decision Chemours v. Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Predicting Fed. Circ. Rule 36 Affirmances In Patent Cases

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    A review of the timing between patent litigation oral argument and Rule 36 affirmances at the Federal Circuit, assessed across lower courts since 2013, reveals several trends practitioners can rely upon to predict whether their appeal will end in a Rule 36 judgment, say attorneys at Dechert.

  • Tips For Cos. On Ga. College Athlete Endorsement Law

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    Georgia recently joined many other U.S. states in adopting a statute enabling collegiate athletes to profit from their names, images and likenesses, but some of the law's restrictions diverge from typical expectations of celebrity endorsements and similar arrangements, so potential sponsors must proceed with caution, say attorneys at BCLP.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Opinion

    Copyright Termination, Work-For-Hire Doctrine Need Review

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    A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Arthrex Ruling Could Reshape Copyright Small Claims Court

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    The U.S. Supreme Court's recent Arthrex ruling, that administrative patent law judges were unconstitutionally appointed, raises several questions about the constitutionality of the new Copyright Claims Board and about how courts might rewrite the small claims enforcement legislation, say Mary Ellen Roy and Andrew Coffman at Phelps Dunbar.

  • Opinion

    PTAB Revision Bill Offers US Makers Much-Needed Protection

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    A bipartisan Senate bill that would restore reliable access to patent validity review at the Patent Trial and Appeal Board, ensuring that rewards flow to innovators and protecting American manufacturers against the depredations of hedge funds, deserves Congress' support, says former USPTO acting director Joseph Matal, now at Haynes and Boone.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • Lead Compound Analysis Is Making Inroads At USPTO

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    A survey of ex parte appeals at the Patent Trial and Appeal Board concerning lead compound analysis reveals that attacking an examiner's lead compound selection has evolved into a viable approach for responding to obviousness rejections that rely on modifying prior art molecules, says William Carroll at Michael Best.

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