Intellectual Property

  • September 24, 2020

    WDTX Judge 'Confident' Trials Can Start Oct. 1

    Texas' federal courthouse in Waco can open back up for trials on Oct. 1, its only district court judge said in an order.

  • September 24, 2020

    TM Examiners Notch Win In Fight Over Trump's Exec Orders

    An arbitrator has found that parts of two Trump administration policies that limited what job terms federal agencies must negotiate with unions and that curbed on-the-job union activity must be axed.

  • September 24, 2020

    PTAB Permits Anonymous Precedential Ruling Nominations

    The Patent Trial and Appeal Board said Thursday it has introduced an online form that can be filled out anonymously by members of the public to nominate any of the board's decisions to be designated as precedential or informative.

  • September 24, 2020

    MLB Union Slams Opposing Counsel's Ethics In Sanctions Bid

    A Major League Baseball Players Association attorney slammed opposing counsel for an ex-pitcher-turned health supplement salesman in a recently dismissed unfair competition suit against the league and union, telling a California federal judge during a sanctions hearing Thursday that "sometimes lawyers have to say no" to a client's request.

  • September 24, 2020

    'LOVE' Artist's Estate Says Deal 'Completely Blindsided' It

    The estate of the late sculptor Robert Indiana, best known for his "LOVE" piece, told a New York federal court on Wednesday that it was "completely blindsided" by a deal between the estate's sole beneficiary and an art foundation suing the estate over Indiana's work.

  • September 24, 2020

    ITC Clears Intel, Computer Makers In Chip Patent Case

    The U.S. International Trade Commission has backed a judge's finding that Intel, Acer, Lenovo, Asus and Micro-Star did not violate trade laws in a case in which California-based Tela Innovations Inc. accused them of patent infringement.

  • September 24, 2020

    Cisco, Amazon Push To Consolidate Network IP Cases In Calif.

    Cisco, Amazon and seven other tech companies argued Thursday for consolidation of nine infringement suits in the Northern District of California, largely based on common issues stemming from questions about the ownership of the five patents at issue in the cases.

  • September 24, 2020

    Tesla Accuses Nikola Of Inequitable Conduct In $2B IP Fight

    Tesla hit rival electric car maker Nikola Corp. with counterclaims of inequitable conduct and invalidity in California federal court Wednesday in Nikola's lawsuit accusing Tesla of owing it $2 billion for allegedly infringing its design patents on its electric semitruck, the Nikola One.

  • September 24, 2020

    House Bill Would Allow NCAA Sponsorship Pay, Empower FTC

    U.S. Reps. Anthony Gonzalez and Emanuel Cleaver on Thursday introduced bipartisan legislation that would allow college athletes across the country to be paid for sponsorship and endorsements, with some restrictions on marijuana, alcohol and gambling companies and recruiting inducements, and would grant the U.S. Federal Trade Commission authority to regulate such deals.

  • September 24, 2020

    6th Circ. Backs Training Guide Copyright Win For Heating Co.

    The Sixth Circuit has refused to invalidate a heating and plumbing company's copyright on a technician training guide, finding that a federal jury adequately found there was "enough original material" in the guide to warrant a copyright.

  • September 24, 2020

    FTC Wrongly Got Docs In Auto Dealer DMS Suit, Court Told

    A technology provider that works with car dealerships has urged an Illinois federal judge to order the return or destruction of confidential materials it says wrongly got into the Federal Trade Commission's hands after serving as third-party testimony in an antitrust suit.

  • September 24, 2020

    Halliburton Patent Retrial Set For Nov. After COVID-19 Delay

    The retrial of gas separator patent infringement claims against Halliburton Energy Services Inc. has been set for a November start date in Texas federal court, marking the second time the case has been postponed in response to the COVID-19 crisis.

  • September 24, 2020

    Fed. Circ. Unravels EDTX Trial Over Ethernet Patent

    The Federal Circuit on Thursday gave Network-1 Technologies Inc. a second chance to prove HP infringed its patent directed to remotely powering equipment over an ethernet network, but also revived HP's attempt to invalidate that patent in Texas federal court.

  • September 23, 2020

    Former USPTO Head Urges Women To Take On Top IP Roles

    The first female director of the U.S. Patent and Trademark Office said Wednesday that women aspiring to top government and corporate positions in intellectual property shouldn't shy away from challenges if they want to advance professionally.

  • September 23, 2020

    Instacart Strikes Deal For Cornershop To Stop Image Scrapes

    Grocery delivery company Instacart on Wednesday reached an agreement with Uber-owned competitor Cornershop on the terms of a preliminary injunction that will bar Cornershop from scraping Instacart's platform of copyrighted product images and descriptions.

  • September 23, 2020

    Shire Fights Latest Class Rep In ADHD Drug Antitrust Suit

    Shire has urged a Massachusetts federal court to reject a third potential representative for a class of direct purchasers suing over the alleged delay of a generic version of the ADHD drug Intuniv, contending the latest candidate still misses the mark.

  • September 23, 2020

    PTAB Weighs Wells Fargo's Digs At USAA Check Deposit Tech

    An invention owned by United Services Automobile Association for capturing check images so bank customers can make mobile deposits was scrutinized Wednesday as the U.S. Patent Trial and Appeal Board looked at whether to shield the patents from a Wells Fargo challenge.

  • September 23, 2020

    Fed. Circ. Won't Revive Presidio's Capacitor Patent Claims

    The Federal Circuit on Wednesday upheld a pair of Patent Trial and Appeal Board decisions invalidating claims in two Presidio Components Inc. patents covering broadband capacitor technology.

  • September 23, 2020

    Sony, Others Can't Take Pirating Claim To 11th Circ.

    A Florida federal judge on Tuesday refused to allow music labels to appeal the dismissal of part of their suit against telecommunications company Bright House Networks over its alleged failure to curb internet subscribers' pirating activity.

  • September 23, 2020

    Fired Cryptocurrency Worker Defeats Trade Secrets Suit

    A California federal judge has thrown out cryptocurrency exchange Kraken's trade secrets suit against a fired financial analyst it accused of potentially endangering its office by revealing its location, which it said violated a confidentiality pact the employee signed.

  • September 23, 2020

    Seinfeld Demands $1M After Beating 'Comedians In Cars' Case

    Attorneys for Jerry Seinfeld squared off before a Manhattan federal judge Wednesday with lawyers representing a former creative partner who accused him of stealing "Comedians in Cars Getting Coffee," battling over whether the accuser must now repay the superstar's nearly million-dollar legal bill.

  • September 23, 2020

    WDTX Judge Clarifies Procedures For Patent Cases

    U.S. District Judge Alan Albright has again updated the procedures for litigating patent cases in the Western District of Texas' Waco Division, including adjusting who goes first in claim construction hearings and clarifying how many terms can be involved.

  • September 23, 2020

    Judge Slams Apple Over Disclosure Date Push In 4G IP Case

    A London judge on Wednesday criticized Apple for trying to push out dates to disclose evidence in a patent infringement dispute over 4G technology brought by three PanOptis subsidiaries, saying it's important that when agreements between parties are made "they are stuck to."

  • September 22, 2020

    Art Foundation Tells Court To End 'LOVE' Sculptor Estate Row

    A New York federal court should pump the breaks on the winding and bitter battle over the work and legacy of the late sculptor Robert Indiana, known best for his "LOVE" image, an art foundation said Monday, saying it has reached an agreement with the artist's estate's beneficiary.

  • September 22, 2020

    Macklemore Gets Fees From Sampling Suit Win, 5th Circ. Says

    The Fifth Circuit ruled Tuesday that hip-hop duo Macklemore and Ryan Lewis can keep legal fees they won after beating a lawsuit by New Orleans jazz artist Paul Batiste, which claimed some of their popular songs, such as "Thrift Shop," featured illegal samples.

Expert Analysis

  • DOJ Support Of SEP Injunctions Should Stabilize Licensing

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    The U.S. Department of Justice's recent letter to the Institute of Electrical and Electronics Engineers, which explicitly supports standard-essential patent owners in their pursuit of injunctive relief and favors a diminished role for antitrust enforcement in intellectual property disputes, bodes well for rebalancing the licensing market, say attorneys at Mintz.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Lessons From An In-Court Jury Trial During The Pandemic

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    Following a recent in-person jury trial at the Indiana Supreme Court, Angela Hall and Jason Rauch at Faegre Drinker offer takeaways on remote trial preparation, socially distanced voir dire and evidence presentation during the COVID-19 era.

  • Balancing Newly Divergent State, USPTO Ethics Rules

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    In light of the U.S. Patent and Trademark Office's stringent ethics rules and failure to adopt a choice-of-law rule, intellectual property attorneys practicing in states that recently adopted more progressive ethics rules may have to modify their practice to avoid discipline, say attorneys Emil Ali and Michael McCabe.

  • And Now A Word From The Panel: Justifying An MDL

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Overlooked Patent Cases: Lessons On Section 101 Motions

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    As motions to dismiss based on patent eligibility under Section 101 are on the rise, recent, lesser known federal district court decisions offer several drafting insights for patent owners facing eligibility attacks at the pleadings stage, particularly in the high-tech space, say attorneys at Akin Gump.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Opinion

    RBG's Legacy Can Guide High Court In Oracle Copyright Case

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    While Justice Ruth Bader Ginsburg's scholarship and acumen will no doubt be missed by her colleagues, her intellectual property jurisprudence will guide them in the upcoming, straightforward copyright case Google v. Oracle, which shouldn't be influenced by political leanings, says Sandra Aistars at the Antonin Scalia Law School.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • How Pharma Cos. Can Evaluate Alliance Agreements' Validity

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    Alliance agreements can help pharmaceutical companies collaborate and resolve patent infringement disputes, especially during these uncertain pandemic times, but may draw questions concerning legitimacy if not properly vetted, say Louis Berneman at Texelerate, and Alan White and Anne Catherine Faye at Analysis Group.

  • PTAB Factors For Instituting IPR: What The Stats Show

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    Statistical analysis of 24 Patent Trial and Appeal Board decisions applying the factors for denying inter partes review, derived from the recent Apple v. Fintiv and NHK v. Intri-Plex rulings, reveals determinative factors that parties may choose to emphasize for a greater chance of institution, say Brenton Babcock and Tyler Train at Womble Bond.

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