Intellectual Property

  • November 08, 2019

    Netflix, News Outlets Hit With 2nd 'Wild Wild Country' Suit

    The controversial religious group that was the subject of Netflix’s “Wild Wild Country” hit the acclaimed documentary’s makers with a second copyright infringement suit Thursday, slamming the series as “little more than a repackaging of content purloined from other authors and filmmakers.”

  • November 08, 2019

    Fed. Circ. Revives Airbus Bid To Ax Fire Suppression Patent

    The Federal Circuit ruled Friday that the Patent Trial and Appeal Board erred in upholding claims of a Firepass fire suppression system patent challenged by Airbus, sending the case back for reconsideration and extending a dispute that has already dragged on for a decade.

  • November 08, 2019

    Netflix Shakes Journalist's Copyright Suit Over 'Narcos' Series

    A Florida federal judge has thrown out a copyright suit against the makers of the Netflix series “Narcos” by a well-known Colombian journalist who claimed the show ripped off scenes from her memoir involving her romantic relationship with Pablo Escobar, ruling that historical facts cannot be copyrighted.

  • November 08, 2019

    Fed. Circ. Affirms Dish's PTAB Win After Remand Bid Fails

    The Federal Circuit on Friday upheld a Patent Trial and Appeal Board decision invalidating claims in a Customedia patent on digital management systems, days after refusing the company’s bid for a new PTAB review in light of the board’s structure being found unconstitutional.

  • November 08, 2019

    PTAB Lets Emmy-Winning Audio IP Owner Amend All Claims

    The owner of an Emmy-winning invention relating to audio technology can amend all claims in an audio recording patent that were invalidated by the Patent Trial and Appeal Board after the board found that the award shows the new claims are not obvious.

  • November 08, 2019

    Fed. Circ. Judge Doubts PTAB Bungled Image Patent Term

    Image Processing Technologies LLC didn't seem to sway a Federal Circuit judge Friday with an argument that the Patent Trial and Appeal Board failed to follow the meaning it had given a key term when it invalidated the company's image processing patent at Samsung's request.

  • November 08, 2019

    The Weeknd Can't Trim Songwriters' Suit Over 'A Lonely Night'

    A California federal judge shot down an attempt by The Weeknd to trim a suit accusing the Canadian R&B artist of ripping off a song by a trio of British songwriters to make his track "A Lonely Night," which appeared on his Grammy Award-winning 2016 album "Starboy."

  • November 08, 2019

    Dr. Reddy's Can't Kill Arthritis Drug Patent Suit Yet

    A New Jersey federal judge refused Dr. Reddy’s Laboratories Inc.’s bid to invalidate two of Horizon Pharma Inc.’s patents for arthritis drug Vimovo, ruling Thursday that the generic-drug maker hasn’t shown the patents lack an adequate written description.

  • November 08, 2019

    Neal Gerber Eisenberg Adds Ex-Freeborn IP Co-Chair

    Neal Gerber Eisenberg LLP has brought on a former co-chair of Freeborn & Peters LLP's intellectual property litigation practice with experience in the software and telecommunications industries, the firm announced.

  • November 08, 2019

    Brand Battles: Frito-Lay Fights Vice Media Over 'Munchies'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Frito-Lay and Vice Media fight over their dueling "Munchies" brands, the owners of the Empire State Building move to shut down logos featuring the iconic tower, and the NCAA aims to bust a "Bracket."

  • November 08, 2019

    Constitutionality Ruling’s Aftermath: A PTAB Perspective

    The Federal Circuit has stripped job protections for judges at the Patent Trial and Appeal Board amid a constitutional challenge, a move that some attorneys say casts doubt over the independence of the board’s judges moving forward. Here, Law360 considers the ruling’s impact on the judges and perceptions of the PTAB.

  • November 08, 2019

    Full Fed. Circ. Won't Rehear Venue Dispute In UT Patent Case

    The Federal Circuit said Friday it would not reconsider a September ruling that state entities must follow patent venue rules and that the University of Texas cannot sue Boston Scientific for infringement in a Texas court.

  • November 08, 2019

    High Court Will Hear Booking.com Trademark Battle

    The U.S. Supreme Court on Friday sided with the U.S. Patent and Trademark Office and agreed to hear a case over whether Booking.com's name is too generic for trademark protection.

  • November 08, 2019

    Baker Botts Lures Tech Litigator From Taylor & Patchen

    Baker Botts has hired a Taylor & Patchen LLP litigator with expertise in complex commercial and intellectual property disputes as a partner at its Palo Alto, California, office, the firm has announced.

  • November 08, 2019

    IP Hires: Norton Rose, Irell, Withers, Blankingship

    Norton Rose Fulbright has brought on the former co-chair of Barnes & Thornburg's intellectual property practice, Irell & Manella has rehired a Crowell & Moring IP attorney and Withers has nabbed a fashion technology partner. Here are the details on these and other notable IP hires.

  • November 07, 2019

    Facebook, Google, Uber IP Execs Swap Patent Portfolio Tips

    Facebook, Google and Uber IP executives speaking at a conference Wednesday in Silicon Valley shared tips for building strong patent portfolios, like using artificial intelligence and even principles from sports analytics to gauge the value of patents in a time when patent prices are skyrocketing.

  • November 07, 2019

    Ex-Uber Exec Asks Gov't To Clarify Claims In Google Dispute

    Former Uber executive Anthony Levandowski on Wednesday requested clarification on prosecutors' claims he stole self-driving car trade secrets from Google, arguing the government hasn't provided enough detail "to identify the precise trade secrets" he purportedly stole.

  • November 07, 2019

    2 Fed. Circ. Judges Slam Post-Arthrex PTAB Do-Overs

    Two Federal Circuit judges said Thursday that the court shouldn't have ordered new Patent Trial and Appeal Board hearings as a result of last week's Arthrex decision that the board's structure is unconstitutional, saying the remands will create "large and unnecessary burdens."

  • November 07, 2019

    Fed. Circ. Weighs Bid To Finish Off Pfizer Vaccine Patent

    A Federal Circuit panel looked closely Thursday at a Patent Trial and Appeal Board decision that upheld one claim of a patent covering Pfizer’s billion-dollar Prevnar 13 vaccine, posing tough questions to both sides about an advanced study that Merck contends should have led the board to invalidate it.

  • November 07, 2019

    Norton Rose Nabs Ex-Barnes & Thornburg IP Co-Chair

    Norton Rose Fulbright has brought on a former co-chairwoman of Barnes & Thornburg LLP’s intellectual property practice with more than three decades of litigation experience, the firm has announced.

  • November 07, 2019

    Charter Says Piracy Case Will Push 'Massive Liability' On ISPs

    Charter Communications is warning a federal judge that a copyright case filed by record labels could "open the floodgates for massive liability" by blaming internet service providers for online piracy simply because they advertise fast download speeds.

  • November 07, 2019

    HBO Wins Arbitration Stay In MJ Estate's 'Neverland' Suit

    A California federal judge Thursday granted HBO's request to stay his order requiring it to arbitrate the Michael Jackson estate's breach of contract suit over the documentary "Leaving Neverland," giving HBO a chance to appeal the arbitration order without risk of stepping on its free speech rights.

  • November 07, 2019

    Motorola Tells Jury Rival Needed Its Secrets To Make Radio

    Hytera Communications Corp. Ltd. poached several of Motorola Solutions LLC's former engineers to make a competing two-way digital radio using decades' worth of stolen private product information and computer code, a lawyer for Motorola told an Illinois federal jury during opening statements Thursday.

  • November 07, 2019

    10th Circ. Lifts Block On Mrs. Fields Popcorn Licensing

    The Tenth Circuit on Thursday upended a ruling that had blocked the company behind Mrs. Fields-branded snacks from franchising its trademark to popcorn makers other than California-based MFGPC, saying MFGPC's license wasn't "perpetual."

  • November 07, 2019

    PTAB Panel To Probe Rules For Rejecting Patent Amendments

    The panel that sets precedent for the Patent Trial and Appeal Board said Thursday it would review a case in which the board rejected a patent owner's bid to amend claims in an inter partes review for different reasons from the ones advanced by the petitioner.

Expert Analysis

  • Citizen Petitions Are Crucial In Managing A Drug's Life Cycle

    Author Photo

    When properly applied, citizen petitions allow drug companies to extend the valuable near-end period of drug market exclusivity, and in some instances they can broadly impact the availability of drug products, say attorneys at Wilson Sonsini.

  • What NCAA Publicity Rights Guidance Means For Athletes

    Author Photo

    Following the recent release of NCAA student-athlete compensation guidelines, it remains unclear how disparate governing bodies will choose to set rules, leaving student-athletes seeking to commercialize their names, images or likenesses through contracts or trademark rights with a confusing mix of incentives and prohibitions, says Radhika Raman of Knobbe Martens.

  • How Fed. Circ. May Defer To PTAB In Facebook Case

    Author Photo

    The appeal of six inter partes reviews in Facebook v. Windy City presents an opportunity for the Federal Circuit to provide clarity on the appropriate level of deference to be afforded holdings of the Patent Trial and Appeal Board's precedent-setting panel, and it may even provide a chance for the U.S. Supreme Court to weigh in, say attorneys at Cadwalader.

  • Calif. Amended Software Tax Regs Have Major Flaws

    Author Photo

    The California Department of Tax and Fee Administration's proposed amendments to a sales tax regulation for technology transfer agreements recently received an icy reception indicative of the regulation's flaws and inconsistencies with prior court rulings, say Eric Coffill and Alexandra Louderback of Eversheds Sutherland.

  • Teaching Witnesses To Avoid Cross-Examination Traps

    Author Photo

    It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

  • Retaining Federal Jurisdiction After Fed. Circ. License Ruling

    Author Photo

    Following the Federal Circuit's recent holding in Inspired Development v. Inspired Products that unjust enrichment claims pertaining to a license agreement did not arise under federal patent law, parties can keep jurisdiction on their side by drafting licensing agreements with an eye toward litigation and carefully selecting claims to assert, say Jeffrey Whittle and Christopher Limbacher of Womble Bond.

  • Where A Litigator's Advice Can Improve Agreement Drafting

    Author Photo

    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Opportunities Abound In Patent Litigation Funding At The ITC

    Author Photo

    The recent funding of a patent infringement claim brought by the University of California Santa Barbara demonstrates the advantages of the U.S. International Trade Commission as a venue, where creative intellectual property owners and litigation financers may find lucrative opportunities, despite a few hurdles, say Matt Rizzolo and Hyun-Joong (Daniel) Kim of Ropes & Gray.

  • NY Tax Minutes: Trump Tax Updates, End To SALT Cap Suit

    Author Photo

    This month's New York tax news features President Donald Trump — who seeks to change his tax domicile to Florida and continues lawsuits to prevent disclosure of his state tax returns — and a dismissal of the state's lawsuit challenging the federal cap on state and local tax deductions, say Timothy Noonan and Craig Reilly of Hodgson Russ.

  • New Calif. Pay-For-Delay Law May Hurt Those It Aims To Help

    Author Photo

    Although well-intentioned, a new California law attempting to prevent patent settlement agreements in which a branded drug company pays a generic company to delay the generic may have the unintended consequence of precluding pro-competitive settlement agreements that allow for generic drug entry significantly earlier than patent expiration, say Chad Landmon and Chantelle Ankerman of Axinn.

  • Fed. Circ. Offers Obviousness-Type Double Patenting Cure

    Author Photo

    The Federal Circuit’s recent decision in Sanofi-Aventis v. Dr. Reddy’s Labs suggests that, in the right circumstances, reissue of reference patent claims may effectively cure obviousness-type double patenting, and use of reissue to remedy OTDP seems consistent with the remedial nature of the corresponding statute, says David Manspeizer of Squire Patton.

  • As Cannabis IP Grows, So Do State Licensing Headaches

    Author Photo

    Washington and Colorado have come up with disparate regulations for cannabis-related intellectual property transactions, providing an indication of the licensing challenges ahead for attorneys drafting cannabis agreements across state lines, say attorneys at Eversheds Sutherland.

  • Undressing The Risks Of Naked TM Licensing

    Author Photo

    Earlier this year, in Mission Product v. Tempnology, the U.S. Supreme Court addressed the issue of naked licenses resulting in trademark abandonment, an outcome that can be avoided if attorneys counseling suppliers address the requisite quality controls in supplier/distributor agreements, says Joseph Sullivan of Taylor English.

  • Parties Seeking PTAB Attorney Fees Face High Bar In Courts

    Author Photo

    A Michigan federal court recently held in American Vehicular Sciences v. Autoliv that prevailing patent litigants can recover attorney fees for work done before the Patent Trial and Appeal Board only in exceptional circumstances, highlighting the tension between Section 285 of the Patent Act and the PTAB regime, say attorneys at Finnegan.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

    Author Photo

    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.