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Intellectual Property

  • April 25, 2019

    USTR Dings China, India For IP Practices In Annual Report

    Ahead of trade talks with China next week, the Office of the U.S. Trade Representative on Thursday issued its annual global intellectual property report that places China and India on a list of trading partners to specifically keep an eye on.

  • April 25, 2019

    'Buck Rogers' IP Row Turns Into Battle For Sanctions

    A dispute over who owns the long-running sci-fi stalwart "Buck Rogers" has turned into a battle over sanctions in a Pennsylvania federal court between a publisher's grandchildren and the woman who claims to run their family trust, court filings show.

  • April 25, 2019

    PTAB Upholds Data Network Patent Challenged By RPX

    Defensive patent group RPX Corp. has lost its challenge to a data network patent invoked in legal scraps involving the likes of Ericsson and Huawei, with the Patent Trial and Appeal Board ruling the group failed to show that the invention was obvious.

  • April 25, 2019

    Rival VoIP Providers Strike $63M Deal Over IP, Antitrust Claims

    Two rival telecommunications companies that update landline networks for Voice over Internet Protocol technology announced a $63 million patent infringement settlement Thursday which also ends Texas federal court antitrust claims alleging the patent infringement suits were merely sham litigation meant to eliminate competition. 

  • April 25, 2019

    Prof. Trying To 'Hide The Ball' With Patent Suit Redo, Lyft Says

    Lyft told a California federal court Wednesday that a retired professor shouldn't be allowed to file an amended patent suit loaded with bloated claims that the company stole his idea for a ride-hailing app.

  • April 25, 2019

    PacBio DNA Patent Suit Survives Dismissal Push

    A Delaware federal judge has refused to let Oxford Nanopore Technologies Ltd. escape an infringement suit from Pacific Biosciences over DNA sequencing patents, finding the U.K.-based company's effort at dismissal ignored a host of accusations that were “specific” to Oxford Ltd.

  • April 25, 2019

    Ex-NFLer Can't Stop Contractor From Renting 'Dream Home'

    A Massachusetts federal judge late Wednesday declined to stop a family from moving into a former NFL linebacker's "dream home," a house he designed and the subject of a two-year copyright dispute with a local contractor, but admonished the builder for further complicating a messy lawsuit.

  • April 25, 2019

    Colo. Ruling Could Provide Road Map For Cannabis Inventors

    The first marijuana-derived patent to be tested in a federal court has survived an early eligibility challenge, soothing concerns about enforcing cannabis patents through litigation and providing the industry with a potential road map for protecting certain types of inventions.

  • April 24, 2019

    Riddell Sacks Football Helmet IP Suit

    Riddell Inc. beat a rival sports company’s patent infringement suit on Wednesday when an Illinois federal judge ruled the design features of Riddell’s football helmets don’t infringe two patents held by its competitor, while a third patent was declared invalid.

  • April 24, 2019

    LL Cool J Scores Easy Win In 'Rock The Bells' Trademark Suit

    A California concert promoter used the name of one of LL Cool J's most famous songs without his permission, a California federal judge has ruled, giving the hip hop mogul an easy win and ordering the entertainment company to stop infringing the song name.

  • April 24, 2019

    Keurig MDL Judge Finally Pours Out Antitrust Opinion

    A New York federal judge on Wednesday delivered a much-needed jolt to a yearslong multidistrict litigation against Keurig, finally spelling out the reasons in an unsealed opinion as to why the coffee appliance giant couldn't duck antitrust claims.

  • April 24, 2019

    Disney Uncaged From 'Zootopia' Copyright Fight At 9th Circ.

    The Ninth Circuit on Wednesday declined to revive a copyright lawsuit accusing The Walt Disney Co. of ripping off a screenwriter's television pitch to create its animated hit "Zootopia," finding that the two works are not substantially similar.

  • April 24, 2019

    Differing State, Federal Rules Could Cause GILTI Glitches

    States that have adopted the federal provision for a global minimum tax on intangible income have return filing requirements that are different from the U.S. government’s, which could cause multinationals to reach inconsistent calculations in the absence of guidance.

  • April 24, 2019

    9th Circ. Again Revives Fabric Design IP Suit Against H&M

    The Ninth Circuit on Wednesday for the second time resurrected a pair of suits brought by a textiles company claiming H&M and another clothing company pilfered its floral lace designs.

  • April 24, 2019

    Fed. Circ.'s PTAB Forum Clause Ruling May Not Be Last Word

    The Federal Circuit has held that patent license forum selection clauses can bar Patent Trial and Appeal Board challenges, but attorneys say that might not lead to a win for the patentee in the case, and the board may view the issue differently. Here’s what could happen next.

  • April 24, 2019

    Ericsson Wins Bid To Enter AT&T, Verizon Patent Spats

    Ericsson won the green light to intervene in a pair of patent infringement suits filed by an Australian tech firm against AT&T and Verizon, as a Texas federal judge agreed that products Ericsson sold the carriers will be central to the litigation.

  • April 24, 2019

    Google Seeks Ax Of 14 Uniloc Patent Suits In EDTX

    Google has urged an Eastern District of Texas federal court to toss more than a dozen lawsuits brought by patent holder Uniloc alleging that Google Hangouts and other products infringe its patents, saying that now-defunct Google servers should not establish venue in the district.

  • April 24, 2019

    HP And SAP Wrestle Big Baboon Patent Suit To The Ground

    A California federal judge scrapped a patent suit against SAP America and HP on Wednesday, finding that the allegedly infringing product actually preexisted software maker Big Baboon’s patented e-commerce designs.

  • April 24, 2019

    Macklemore Beats Copyright Suit Over 'Thrift Shop'

    Hip hop duo Macklemore and Ryan Lewis won a ruling Tuesday tossing out a lawsuit that claimed they illegally sampled from a New Orleans jazz artist when they created hits like "Thrift Shop."

  • April 24, 2019

    Brotherly Betrayal: Carpet Biz Owner Says Sibling Stole Name

    The owner of a D.C. flooring subcontractor has sued his brother, saying the brother stole his company’s name to set up a rival flooring company, falsely claimed some of his biggest government contracts and “manipulated Google search results” to drive traffic away from his site.

Expert Analysis

  • Rebuttal

    Competitive Generic Therapy Exclusivity Offers Benefits

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    A recent Law360 guest article addressing the "competitive generic therapy" designation pointed out exclusivity problems, but CGT presents a useful and potentially lucrative pathway for generic drug manufacturers, especially if they follow four tips, say attorneys with Schiff Hardin.

  • The Road Ahead For Music-Streaming Licenses

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    The U.S. Copyright Office is setting up a new licensing collective to handle the rights for digital streaming music services, which will be a great benefit to fans and creators of music, but may be difficult to implement, says Dave Davis of Copyright Clearance Center.

  • How District Of Del. Limits Discovery For Unaccused Products

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    U.S. District Judge Colm Connolly's new form scheduling order does not explain what a patentee must show to obtain discovery on unaccused products such that they might add accused instrumentalities to the case. But fortunately, that question has been considered in a number of cases in the District of Delaware, says Jeff Castellano of Shaw Keller.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Courts Are Filling In Justices' Design Patent Remedy Void

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    The U.S. Supreme Court's 2016 decision in Samsung v. Apple produced considerable consternation because it did not set a standard for calculating a design patent infringer’s profits to determine a patentee’s compensation. But the lower courts' response suggests any fear of unreasonable awards was premature, say Sterne Kessler attorney Tracy-Gene Durkin and consultant Gary Griswold.

  • New USPTO Guidance May Help Diagnostics Patents

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    While Federal Circuit decisions have created a patenting barrier for diagnostics and personalized medicine claims, the U.S. Patent and Trademark Office's revised patent subject matter eligibility guidance may allow for these patents to make a comeback, say attorneys with Morris Manning.

  • Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

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    The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

  • Answers To AI Patent Questions May Be Found In Biotech

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    In patenting innovations involving artificial intelligence, there is uncertainty on issues like inventorship, adequacy of disclosure, assessment of nonobviousness, and patent eligibility. The field of biotechnology once faced similar challenges, say Enrica Bruno and Brian Cash of Steinfl & Bruno.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.