Intellectual Property

  • May 13, 2021

    Dell Atty Talks Contract Enforcement Options In IP Fights

    Dell Technologies Inc.'s senior litigation counsel delved into a murky area of contract law during a panel discussion Thursday, touching on options companies have for recouping losses associated with infringement litigation when third-party suppliers break their contractual indemnification obligations.

  • May 13, 2021

    11th Circ. Doubts Confusion Between Two 'Foremost' Cos.

    Farmers Insurance faced a skeptical audience at the Eleventh Circuit on Thursday in an appeal aimed at reviving a trademark lawsuit over its "Foremost" brand, with one judge suggesting that "no sentient customer" would be confused by a rival's use of the name.

  • May 13, 2021

    UCB Can't Halt Drug Ingredient Import In Vimpat IP Case

    A Kentucky federal judge refused to block Catalent Pharma Solutions Inc. from importing a key ingredient of the anti-epileptic drug Vimpat, saying the company is protected by a safe harbor provision of the Hatch-Waxman Act.

  • May 13, 2021

    Moderna's Appeal Based On 'Imagined' Error, Fed. Circ. Told

    Moderna's appeal of a Patent Trial and Appeal Board ruling that upheld an Arbutus patent for drug-delivery composition should be rejected because it is based on Moderna's "imagined legal error," the Federal Circuit was told.

  • May 13, 2021

    Retail Giants Say Fake Evidence Nixes Damages In TM Case

    Two British retail giants that sold ready-made meals provided by a company that infringed the trademark of a bodybuilder's healthy food business have accused him of falsifying evidence to back his claims.

  • May 12, 2021

    Oprah Winfrey Beats Infringement Suit Over 'Greenleaf' Show

    A North Carolina woman hasn't proven that Oprah Winfrey and her network infringed her memoir with the television show "Greenleaf," a Tar Heel State federal judge ruled Wednesday in finding that it's not clear whether Winfrey ever had access to her book to begin with.

  • May 12, 2021

    Epic Antitrust Judge Doubts Apple Expert's Amex Comparison

    A California federal judge presiding over Epic's high-stakes antitrust trial appeared skeptical Wednesday of a professor's testimony that Apple's anti-steering provisions are akin to restrictions upheld by the high court in Ohio v. American Express, noting that brick-and-mortar stores advertise various payment methods, while the virtual App Store does not.

  • May 12, 2021

    Amazon 'Annihilated' Evidence In Patent Suit, Tech Cos. Say

    Amazon has admitted it systematically "annihilated" all evidence over the first six years of a Texas federal court suit accusing the online retail giant of infringing networking patents, the tech companies suing it claimed Wednesday in a bid for sanctions.

  • May 12, 2021

    Yahoo Sale Spurs New Patent Holder Bid For $749M Reserve

    A patent holder that lost a bid this month to force former Yahoo owner Altaba to establish a $749 million infringement reserve asked the Delaware Chancery Court on Tuesday to reconsider in light of Verizon's recently revealed plans to sell Yahoo to Apollo Global Management.

  • May 12, 2021

    Dyal Tells Del. Justices Sixth Street Seeks A 'Lowball Buyback'

    An attorney for Dyal Capital Partners told Delaware's Supreme Court Wednesday that Sixth Street Partners was maneuvering for a "lowball buyback" when it launched a failed fast-track Chancery Court bid to block a $12.5 billion Dyal-Owl Rock Capital Corp. merger earlier this year.

  • May 12, 2021

    Fed. Circ. Upholds Mixed PTAB Ruling In Uniloc-Apple Case

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board ruling that struck down part of a Uniloc Voice over Internet Protocol patent that was challenged by Apple, finding that the board correctly interpreted a key term when it found the claims obvious.

  • May 12, 2021

    Ad Agency Wants To Revive Beef With NRA After Ch. 11 Toss

    The National Rifle Association's former advertising agency asked a Texas federal court on Wednesday to lift a stay on its defamation counterclaim against the group, lodging the request one day after a Texas bankruptcy judge tossed the NRA's Chapter 11 case.

  • May 12, 2021

    Biden Orders IT Gov't Contractors To Report Data Breaches

    President Joe Biden created a new national review board for major cyberattacks and ordered IT sector government contractors to report data breaches as part of an executive order issued Wednesday after hacks on a major U.S. pipeline company and federal agencies.

  • May 12, 2021

    Patent Law Falls Short As Movie Drama In 'Percy Vs. Goliath'

    A rare Hollywood production centered on patent litigation, the film "Percy vs. Goliath" is a fairly pedestrian courtroom drama about a Canadian farmer accused of infringing Monsanto's seed patents that is elevated by a compelling lead performance from Christopher Walken.

  • May 12, 2021

    Tai Clashes With Senators Over COVID-19 Vaccine IP Waiver

    U.S. Trade Representative Katherine Tai defended her office's endorsement of a temporary waiver of intellectual property protections for COVID-19 vaccines Wednesday as skeptical senators expressed their discontent with the decision.

  • May 12, 2021

    Key Maker Seeks Retrial After KeyMe IP Win

    A key duplication technology patent holder has asked a Texas federal court for a new trial over claims a rival infringed six of its patents, arguing a jury was incorrectly instructed on the meaning of certain claim terms.

  • May 12, 2021

    Albright Told 'Egregiously Improper' Testimony Merits Retrial

    A company that failed to persuade a Western District of Texas jury that Roku Inc. infringed its interactive TV patents is asking for a new trial, saying that Roku presented "egregiously improper" testimony that purportedly "shocked" U.S. District Judge Alan D. Albright.

  • May 12, 2021

    Fed. Circ. Revives Calif. Patent Litigation In Jurisdiction Fight

    The Federal Circuit breathed new life into software company Trimble Inc.'s suit asking a court to rule that it didn't infringe opponent PerDiemCo's electronic logging and geofencing technology patents, finding Wednesday that a California federal court had authority to hear the case.

  • May 12, 2021

    Tabloid Must Pay Markle's Legal Fees For Copyright Challenge

    A judge ordered a British tabloid on Wednesday to pay Meghan Markle's legal costs for challenging her copyright claim, saying the publisher had "refused to face up" to evidence that she was the sole author of a letter to her father that it published without her permission.

  • May 11, 2021

    Apple Wanted App Users 'Hooked,' Exec's 2013 Email Reveals

    A top Apple executive told company CEO Tim Cook in 2013 that getting customers to use Apple virtual stores like iTunes is "one of the best things we can do to get people hooked to the ecosystem," according to an email revealed Tuesday during Epic Games Inc.'s high-stakes antitrust bench trial.

  • May 11, 2021

    Defunct Kenyon Firm Loses $9M Fee Fight With Ex-IP Client

    Kenyon & Kenyon LLP, a now-shuttered intellectual property law firm, can't recover $9.3 million in unpaid legal fees from a former client that invented a system for music and film downloads, a New York judge ruled Monday, saying the firm waited too long to seek its payday. 

  • May 11, 2021

    8th Circ. Revives Sleep Number Mattress TM Suit

    The Eighth Circuit on Tuesday revived Sleep Number's trademark lawsuit against a competing mattress brand that used similar names, ruling that the disputed doctrine of "initial interest confusion" might apply to the case.

  • May 11, 2021

    Elizabeth Holmes' Mystique Unlikely To Survive Looming Trial

    Before Theranos founder Elizabeth Holmes and her ex-boyfriend were charged with deceiving investors and patients about their blood-testing technology's efficacy, the pair exchanged voluminous text messages that now threaten to provide jurors at Holmes' criminal trial this summer a rare window into her psyche.

  • May 11, 2021

    Liebowitz Escapes 'Overly Punitive' Atty Fee Bid In Pa. Case

    Alleged "copyright troll" Richard Liebowitz doesn't need to pay attorney fees for bringing an unsuccessful copyright lawsuit over stock images of spare ribs after a Pennsylvania federal judge on Monday found the request for fees to be "overly punitive."

  • May 11, 2021

    Fed. Circ. Backs Oxford Nanopore's DNA Tech IP Trial Victory

    The Federal Circuit on Tuesday upheld a jury verdict that DNA analysis patents Pacific Biosciences asserted against Oxford Nanopore Technologies Inc. are invalid for lack of enablement, rejecting PacBio's argument that Oxford used fearmongering over COVID-19 to pull off a win.

Expert Analysis

  • COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

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    Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing of a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Functionality's Role In Oracle Copyright Ruling Isn't So Novel

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    In its recent Google v. Oracle decision, the U.S. Supreme Court seemingly revived the copyright fair use factor concerning functionality, highlighting its significant role, particularly in technological contexts, but this accords with a long-standing minority view, says Andrew Michaels at the University of Houston Law Center.

  • Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

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    The Federal Circuit recently employed a flexible standard for constructing Olaplex's hair care patent claims in a case against L'Oreal, but more precise claim drafting could have avoided altogether a problem with claims for component amounts in product formulations, says Philip Hamzik at Wolf Greenfield.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Long Road Ahead For Biden's Individual Tax Hike Proposal

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    Dustin Stamper at Grant Thornton provides insight into President Joe Biden's recently proposed individual tax increases to pay for his American Families Plan, and explains how competing interests among congressional Democrats and Republicans may shape the final provisions and prolong their implementation.

  • Enabling Nonsecurity Fractional Ownership Of NFTs

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    Distributed ledger and smart contracts may make fractional ownership of nonfungible tokens possible without the complications of traditional securities sales, and market participants stand to benefit from the associated innovation and efficiencies, say Mack Legal principal Thomas Mack and Google product counsel Richard Widmann.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    USPTO Refusal To Register Cannabis TMs Hurts Public

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    The recent uncovering of THC-laced, knock-off candies in Florida illustrates why U.S. Patent and Trademark Office registration of cannabis trademarks would protect the public by providing companies with quality and safety incentives and empowering them to pursue counterfeiters, says Frederic Rocafort at Harris Bricken.

  • Navigating NFT Brand Management Risks And Rewards

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    When it comes to popular nonfungible tokens and blockchain technology, brand and business owners should take note of broader opportunities lending potential staying power to the NFT market, along with the corresponding risks, particularly with respect to trademark, licensing, anti-counterfeiting and advertising law, say attorneys at Crowell & Moring.

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