Intellectual Property

  • October 21, 2016

    Atty Testimony Slated On Bid To Bump Jones Day From IP Suit

    A Florida federal judge Friday ordered live testimony from attorneys at the center of cosmetics maker Hard Candy LLC's bid to have Jones Day disqualified as opposing counsel in a trademark suit over the design of Procter & Gamble Co.'s Katy Perry CoverGirl products.

  • October 21, 2016

    USPTO Wants Suit Over Power Outage ‘Holidays’ Thrown Out

    The U.S. Patent and Trademark Office and companies including Samsung have asked a judge to toss a suit challenging the USPTO’s decision to extend filing deadlines during a major power outage by declaring several days to be “federal holidays,” saying the plaintiff lacks standing.

  • October 21, 2016

    Sporting Goods Co. Asks ITC To Ban Chinese Arrowheads

    FeraDyne Outdoors LLC, an outdoor sporting goods company, asked the U.S. International Trade Commission on Thursday to block imports of counterfeit arrowheads from China and issue a cease and desist order to the individuals and companies allegedly selling the infringing goods.

  • October 21, 2016

    High Court Asked To Review Apple Patent Win Under Cuozzo

    SightSound Technologies has asked the U.S. Supreme Court to overturn the Federal Circuit’s finding that it is jurisdictionally barred under the high court’s Cuozzo decision from considering if the Patent Trial and Appeal Board erred when it invalidated two SightSound patents challenged by Apple Inc. on grounds Apple didn't explicitly raise.

  • October 21, 2016

    Health Hires: Crowell & Moring, Goodwin, Faegre

    Crowell & Moring LLP has added an Employee Retirement Income Security Act and Affordable Care Act partner in its corporate, health care, tax and labor and employment groups. Goodwin Procter LLP grew its life sciences practices through a partner from U.S. Food and Drug Administration boutique Kleinfeld Kaplan & Becker LLP, and a UnitedHealth Group attorney has joined Faegre Baker Daniels’ insurance and health practices.

  • October 21, 2016

    PTAB Won't Reconsider Axing VirnetX Patents In Apple IP Row

    The Patent Trial and Appeal Board on Thursday declined to reconsider its invalidation of several claims of two VirnetX network security patents asserted against Apple in light of the patent owner’s allegation that another petitioner challenging the claims did not identify all interested parties.

  • October 21, 2016

    Brand Battles: Arsenal FC, Chicago Cubs, Microsoft

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, English soccer club Arsenal takes on a cider brand named for Pittsburgh's historic Allegheny Arsenal, the Chicago Cubs file even more trademark cases, and Microsoft goes after a Japanese industrial giant over "Surface."

  • October 21, 2016

    Judge Reconsiders, Axes Vehicle-Tracking Patent As Abstract

    A Virginia federal judge has reconsidered his earlier ruling and found that an Orbcomm vehicle-tracking patent asserted against rival CalAmp is invalid for claiming only an abstract idea, saying he changed his mind due to a recent Federal Circuit decision.

  • October 21, 2016

    VW Urges Fed. Circ. To Affirm PTAB Rejection Of Gas Patent

    Volkswagen AG has pushed the Federal Circuit to uphold a final ruling by the Patent Trial and Appeal Board finding that a catalyst company’s challenged claims over a gas pollutant treatment patent are unpatentable due to prior art, arguing the company’s appeal is generally unsupportable.

  • October 21, 2016

    TSI Seeks Reversal Of $5M Trade Secrets Verdict

    Measuring instrument company TSI Inc. wants a Washington federal judge to overturn and dismiss a $5.1 million jury verdict against it that found the former A.H. Lundberg Associates Inc. customer hired away a vital Lundberg employee and stole secret wood-drying technology, saying on Thursday that there is no evidence pointing to legally protectable trade secrets.

  • October 21, 2016

    Canadian Justices Urged To Nix 'Promise Doctrine' In IP Row

    The Intellectual Property Owners Association recently stepped into a Canada Supreme Court dispute over an AstraZeneca Canada Inc. patent that was asserted against Apotex Inc. but nixed under the controversial "promise doctrine," urging the court to abolish the doctrine from Canadian IP law.

  • October 21, 2016

    Drugmaker Takes Flanax Trademark Case To Supreme Court

    A small drugmaker is heading to the Supreme Court to challenge a Fourth Circuit ruling that Bayer AG could file a trademark lawsuit over a foreign brand name that it had never used in the U.S. market.

  • October 21, 2016

    Greenspoon Marder Starts IP Group, Opens Nashville Office

    Greenspoon Marder PA announced on Thursday that it has opened a Nashville, Tennessee, office and has simultaneously launched an intellectual property practice group, which will be led by a former Stites & Harbison PLLC lawyer who is an accomplished patent attorney and scientist.

  • October 21, 2016

    Texas High Court Won't Hear Tesoro Petroleum Name Suit

    The Texas Supreme Court on Friday denied a request from commercial sign vendor Tesoro Corp. to review its name infringement suit and reverse a decision favoring Tesoro Petroleum Corp., leaving in place a lower appellate ruling that the sign company hadn't proven it would be irreparably harmed by the petroleum company’s use of the name.

  • October 20, 2016

    Toilet Scent Maker Pooh-Poohs Competitor In Trademark Suit

    The company behind Poo-Pourri, a line of toilet deodorizing products and a cheeky viral video advertisement, dumped a lawsuit on the Canadian maker of the “Poopee Chic” product line in Texas federal court Thursday, alleging trademark infringement and dilution.

  • October 20, 2016

    Chicago IP Boutique Nabs Partner From Steptoe & Johnson

    Chicago-based boutique firm SpencePC has hired a senior intellectual property litigator as partner and two new associates to bolster its intellectual property and complex litigation practice, the firm said Wednesday.

  • October 20, 2016

    Fitbit Cleared Of Jawbone's Trade Secret Claims At ITC

    The U.S. International Trade Commission terminated an investigation into whether Fitbit Inc. stole trade secrets from Jawbone on Thursday, saying that it did not find a need to review an earlier decision that cleared Fitbit Inc. of the allegations.

  • October 20, 2016

    2 Sanctioned In Sports Photogs' IP Row, But Atty Spared

    A Wisconsin federal judge has sanctioned two individuals for withholding photographs subpoenaed in a copyright infringement lawsuit by two sports photographers but refused to sanction their counsel, finding that he did not represent them in the instant matter despite the confusion caused by his representation of them in another case.

  • October 20, 2016

    Judge Aghast At Iowa Brothers’ Defiance In NuScience IP Row

    A California judge who once ordered Hustler’s Larry Flynt gagged for courtroom obscenities said Thursday that in his 50 years on the bench he’s never “seen anything” like the contempt two brothers in a trade secrets battle with NuScience Corp. have shown for court orders.

  • October 20, 2016

    NYC 'Golden Girls' Puppet Show A Ripoff, Alleges Aussie

    An Off-Broadway puppet parody of popular 1980s sitcom "The Golden Girls" has spurred a New York state lawsuit by the creator of a near-identical show that debuted in Australia in 2013, who is alleging the New York production is a ripoff.

Expert Analysis

  • OPINION: Getting Practical About Patent Quality

    David J. Kappos

    While patent quality is unquestionably important, it is a fool's errand to seek automotive-level quality. Nor do we find a panacea by looking to other patent systems, says David Kappas, a partner with Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Apple V. Samsung: Consumer Input In Design Patent Cases

    Betsy D. Gelb

    Samsung was joined by the U.S. Department of Justice in suggesting that a fact-finder conduct a test to determine how much of the value of a technology product was due to its design patents. That approach appears tailor-made for consumer research. The precedents come from litigation over infringement of utility patents, say Betsy Gelb, a professor at the University of Houston's Bauer College of Business, and Gabriel Gelb of Endeavor Management.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • DTSA's Reach Extended To Continuing Misappropriation

    Casey Griffith

    Recent federal court decisions in Adams Arms and TriZetto support the interpretation that any post-Defend Trade Secrets Act misappropriation — including continued misappropriation commenced prior to DTSA enactment — is subject to the DTSA. Consequently, trade secret claimants may have even easier access to federal court than previously thought, say Casey Griffith and Michael Barbee of Griffith Bates Champion Harper LLP.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Fed. Circ. Radically Changes The Law Of Obviousness

    Mark Hannemann

    The Federal Circuit's recent obviousness decision in Apple v. Samsung contradicts almost 200 years of consistent U.S. Supreme Court precedent. The mistake in the en banc majority opinion was not in how it applied the standards of review, but rather in the question to which it applied them, say attorneys with Shearman & Sterling LLP.

  • Talking 'Bull': Episode 4, Callisto

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Bayer-Monsanto Won't Seed Or Weed The Patent Thicket

    Randall Brown

    While the consolidation of agribusiness has a significant effect on the global food supply, it is unlikely that the Bayer-Monsanto merger will have an anti-competitive impact from an intellectual property perspective, say Randall Brown and Catherine Reynolds of Haynes and Boone LLP.

  • Whose Line, Drawing Or Plan Is It Anyway?: Part 2

    Amy Goldsmith

    The most commonly used forms of owner-architect agreements are from the American Institute of Architects. The terms are generally favorable to the architect, but regardless of the form used, if the owner wants to acquire certain rights — either a license to use the instruments of service or an outright copyright assignment — they should be addressed in the agreement, say attorneys with Tarter Krinsky & Drogin LLP.