Intellectual Property

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3 Takeaways From Precedential PTAB Decisions On Denials

Two decisions that the Patent Trial and Appeal Board recently designated precedential provide clearer guidance on when the board will exercise its discretion to deny inter partes review petitions, helping litigants understand how to argue for or against such a move, attorneys say.
April 01, 2020
Latham Snags Williams & Connolly Litigator In DC

Latham & Watkins has hired a Williams & Connolly litigation partner with subspecialties in trade secrets, copyright and finance for its Washington, D.C., office.
April 01, 2020
Pfizer Gets Rival's Epinephrine Injection Patent Killed

Belcher Pharmaceuticals LLC's attempt to hold a Pfizer Inc. unit responsible for patent infringement with its new epinephrine injector Abboject failed this week, when U.S. District Judge Leonard P. Stark instead invalidated the company's patent following a bench trial.
April 01, 2020
Fed. Circ. Won’t Restore $1.3M CBS Podcast Patent Verdict

The full Federal Circuit on Wednesday said it won’t reconsider a panel decision refusing to reinstate a $1.3 million verdict against CBS involving a podcasting patent invalidated in inter partes review after the verdict came down.
April 01, 2020
Fed. Circ. To Air Live Audio Of Oral Arguments Amid COVID-19

The Federal Circuit on Wednesday announced that it will be providing live audio of all oral arguments scheduled for the latest court session, citing the "extraordinary circumstances" surrounding the COVID-19 pandemic.
April 01, 2020
Tesla, Ex-Employee Spar Over $168M 'Saboteur' Suit

Tesla and an ex-employee it has accused of stealing trade secrets and siphoning them to third parties duked it out over whether the automaker's claims for $168 million in damages or the employee's counterclaims for defamation and invasion of privacy should survive.
April 01, 2020
LA Sushi Restaurant Can't Escape 'Hand Roll Bar' TM Suit

A California federal judge on Tuesday refused to toss a trademark infringement suit brought by the company behind popular Japanese restaurants Sugarfish and KazuNori accusing a Los Angeles sushi bar of ripping off its "Hand Roll Bar" mark.
April 01, 2020
USPTO Deadline Extensions Give Flexibility During Crisis

The U.S. Patent and Trademark Office's decision to extend some deadlines during the COVID-19 pandemic is welcome news for applicants and attorneys facing disruptions due to the crisis, though it's unclear how often they will be put to use.
April 01, 2020
Senate Bill Would Expand Term For COVID-19 Treatment IP

A GOP senator has proposed adding 10 years of extra patent protection to new and existing medical devices and drugs used to treat COVID-19.
April 01, 2020
Boy Scouts Say Fighting Girl Scouts' IP Suit Would Hurt Ch. 11

Concerned that their bankruptcy estate could be harmed, the Boys Scouts told the Delaware bankruptcy court Tuesday it should deny a bid by the Girl Scouts to lift a litigation stay imposed in their Chapter 11 so a trademark suit filed in New York federal court can proceed.
April 01, 2020
'Fortnite' Maker Can't Fully Escape Sax Player's Dance Suit

A Pennsylvania federal judge has tossed out most of a trademark lawsuit claiming the makers of "Fortnite" copied a dance move, but allowed a New York saxophone player to proceed only on the accusations that the developer created a false impression that he endorsed the video game.
April 01, 2020
Professor Gets 2021 Trial Date In Huawei IP Theft Case

A Brooklyn federal judge set a 2021 trial date Wednesday for a Chinese professor accused of conspiring with tech giant Huawei Technologies Co. Ltd. to steal information from a California semiconductor startup, building in time for COVID-19 delays.
April 01, 2020
Calif. Solar Co. Says Rival Stole 'Shingled' Tech IP

A Canadian solar company has started making "shingled" solar modules that are more powerful and efficient than conventional units by leveraging the trade secrets of its Golden State rival's technology, according to a patent infringement lawsuit filed in California federal court.
April 01, 2020
PTAB Upholds 3 Teva Migraine Patents Challenged By Eli Lilly

The Patent Trial and Appeal Board upheld all claims in three Teva Pharmaceutical patents covering its migraine biologic Ajovy that were challenged by Eli Lilly, giving a boost to Teva’s underlying infringement suit against its rival over a competing drug.
April 01, 2020
EPO Calls Off Oral Hearings Through April Due To COVID-19

The European Patent Office announced Wednesday that it is not holding any oral hearings at the appeals board through April, citing the COVID-19 pandemic.
April 01, 2020
Second Magistrate Judge Bows Out Of Apple Patent Dispute

A second magistrate judge has been recused in a patent suit in Florida federal court accusing Apple Inc. and Qualcomm Inc. of infringing a patent held by ParkerVision Inc., this time because the new judge lived across the street from the CEO of ParkerVision.
April 01, 2020
New Era Doffs Entrepreneur's 'Fear Of God' TM Suit

New Era Cap Co.'s "Fear of God" line of hats does not infringe a trademark held by a single-employee apparel company in the Boston area because sales of the two companies' products never overlapped in the same market, a Massachusetts federal judge said Wednesday.
April 01, 2020
Kendall Jenner Sued For Infringement Over Instagram Video

Model and reality television star Kendall Jenner was sued for copyright infringement in California federal court Tuesday by a woman who claims the celebrity posted her copyrighted video on Instagram without permission.
April 01, 2020
Honeywell Can't Pare Claims Over Air Conditioning Patents

The Court of Appeal on Wednesday rejected a bid by Honeywell International to pare litigation brought by a Mexican chemical company seeking to revoke six of the American multinational’s patents covering refrigerants used in auto air conditioning systems.
April 01, 2020
Law Firm Leaders: Lando & Anastasi's Peter Lando

Peter Lando co-founded intellectual property boutique Lando & Anastasi LLP in 2003. He chats with Law360 about how his law firm is different from much of BigLaw, along with the values he brings to the law firm and his goals for its future.
April 01, 2020
Citing Free Speech, Judge Ends 'Call Of Duty' Humvee Case

A federal judge ruled Tuesday that Activision Blizzard cannot be sued for trademark infringement for featuring Humvees in “Call of Duty” video games, saying the game developer was shielded by the First Amendment.
March 31, 2020
Atty Sanctioned For Lying About Anti-Semitic Slurs In IP Row

An Iowa federal judge sanctioned a California lawyer for ethical and professional breaches including falsely accusing opposing counsel of using anti-Semitic slurs, doling out profanity-laden threats of physical violence to attorneys and abusing court reporters.
March 31, 2020
Fed. Circ. Affirms Schlumberger's Win On Fracking Patent

The Federal Circuit on Tuesday sided with a Texas federal judge's order clearing oilfield services giant Schlumberger Technology Corp. of allegations that it infringed oilfield technology company EnerPol LLC's patent covering hydraulic fracturing methods.
March 31, 2020
Fed. Circ. Keeps Apple Patent Suit In Judge Albright's District

Apple lost another bid to move a patent case over its Apple Wallet from the Western District of Texas to California after the full Federal Circuit refused to revisit an earlier decision that the smartphone giant failed to show how U.S. District Judge Alan Albright improperly denied its request.
March 31, 2020
How COVID-19 Could Spur The Gov't To Seize Patents

As researchers scramble to create treatments or vaccines for COVID-19, the U.S. government may face pressure to ensure a breakthrough is low-priced and widely available by invoking rarely used powers to override patents.
March 31, 2020
USPTO, Copyright Office Waive Deadlines Amid COVID-19

Both the U.S. Patent and Trademark Office and the U.S. Copyright Office on Tuesday announced that certain intellectual property filing deadlines and fees would be waived during the coronavirus pandemic, citing special provisions included in the $2 trillion relief bill passed last week.

Editor's Picks

2019 Patent Litigation: A Year And A Decade In Review

2019 was the last year of a dramatic decade in patent law, and a snapshot of the cases, courts and findings proves just how far the practice has come over the past 10 years.
2020 Rundown: What IP Lawyers Need To Watch This Year

2020 has all the ingredients to be a blockbuster year for intellectual property law developments. From pending U.S. Supreme Court cases to congressional fights, we've gathered all cases, trends and legislation you should be watching this year.
The Big Picture: PTAB's Unconstitutional Judges

The Federal Circuit has ruled that Patent Trial and Appeal Board judges have insufficient supervision to pass muster under the appointments clause of the U.S. Constitution. Here, we look at the ruling, the initial fallout and how the decision may impact other cases.

Expert Analysis

A Lesson In UK Search Order Sagacity

A recent case before the English High Court over an alleged conspiracy by an aviation equipment manufacturer to infringe various parties' intellectual property rights offers a stark reminder that applicants for a search order should not use preserved documents without specific court sanction, say Mark Cooper and Richard Bacon at Eversheds Sutherland.
What If Gov't Allows Patent Infringement For COVID-19 Drugs?

Government deployment of a Bayh-Dole Act compulsory license or eminent domain to bypass patent hurdles to the public’s access to a COVID-19 treatment or vaccine could inadvertently deter future pharmaceutical innovation, say attorneys at Ropes & Gray.
Confronting The Challenges Of Virtual Mediation

Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.
3 Steps To Building Effective Teams While On Lockdown

When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.
IPR Proceedings Are Well Designed To Weather COVID-19

Inter partes review proceedings, whose rules and procedures are uniquely well-suited to the current pandemic environment, are unlikely to suffer more than a few minor disruptions, say Christopher Scharff and Eligio Pimentel at McAndrews Held.
Client Advocacy Tips For Remote Hearings During COVID-19

As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.
How To Conduct Depositions Remotely

Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts.
DTSA Can Help Cos. Mitigate Damage During COVID-19

With a greater threat amid the pandemic of cybercriminals preying on employees inexperienced at working from home, recent federal court holdings applying the Defend Trade Secrets Act extraterritorially may provide assurances that companies with newly remote workforces can redress trade secret misappropriations wherever they might occur, say attorneys at Cadwalader.
A Guide To Zealously Representing Clients During COVID-19

The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.
Beware Pervasive Trademark Scams During COVID-19

Trademark scams related to COVID-19 are certain to persist for the foreseeable future, but brand owners can mitigate their consequences by proactively registering marks, employing watch services, sending cease-and-desist letters, and staying on top of the latest high-tech scams, say Ann Fort and Cameron Murphy at Eversheds Sutherland.
Israel's Generic COVID-19 Drug Licensing Lacks Due Process

The Israel attorney general's special compulsory license for imported generic versions of Abbvie's patented antiviral drug Kaletra to treat COVID-19 does not provide a right of response, a hearing or direct judicial review, says Ephraim Heiliczer at Pearl Cohen.
7 Ways Attys Can Create The Right Home Office Environment

In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.
Salvaging Copyright Reform From High Court Pirate Ship Case

Although the U.S. Supreme Court ruled Monday in the Allen v. Cooper shipwreck video case that state governments cannot be sued for copyright infringement, the court signaled that Congress has remedies at its disposal and that all hope is not lost for victims of state-perpetuated infringement, says Pamela Chestek at Chestek Legal.
And Now A Word From The Panel: Spotlight On MDL Venue

With travel plans on hold in this country and around the world, and changing venues being the norm of the day, it's a good time to consider the topic of venue for multidistrict litigation proceedings, says Alan Rothman at Sidley.
10 E-Discovery Challenges Caused By COVID-19

The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.