Intellectual Property

  • July 28, 2016

    Ferrari Plans To Settle In Computer System Dispute

    Marketing technology company Intelliga Communications Inc. and Ferrari are planning to settle the remaining claims in a lawsuit alleging the luxury car maker stole an asset management computer system and allowed Intelliga’s competitor to access it, according to a New Jersey federal judge’s order Thursday.

  • July 28, 2016

    Judge Won't Change $70M Jury Verdict Against Neovasc

    A $70 million verdict against Canadian biotech firm Neovasc, which was accused of stealing patents and trade secrets from a rival device maker, will remain in place after a Massachusetts federal judge on Thursday concluded that neither side was entitled to judgment as a matter of law.

  • July 28, 2016

    Amici Jump Into High Court's Apparel Copyright Case

    Intellectual property associations, public interest groups and prominent law professors all weighed in last week at the Supreme Court in a closely watched case over how copyright law applies to apparel, urging the justices to offer clear guidance in a murky area of law.

  • July 28, 2016

    Judge Clears Fox Show 'Empire' Of Pimp's Memoir Claims

    Fox and the creators and star of its TV series “Empire” on Wednesday beat a $10 million copyright infringement suit lodged by a self-described “gangsta pimp” after a California federal judge ruled that the pimp’s memoir wasn’t overly similar to the world portrayed in the hit show.

  • July 28, 2016

    Turtles Attys Want $50M Cut Of Labels' Pre-1972 Deal

    Attorneys for The Turtles who won key rulings against Sirius XM Radio Inc. over pre-1972 records demanded Wednesday that the major labels pay more than $50 million in fees, once again accusing the record companies of essentially excluding the lawyers from their own victory party.

  • July 28, 2016

    John Steinbeck's Family Sues For Copyright Fight Coverage

    The son of John Steinbeck has sued his insurance company for denying coverage of an underlying 2014 lawsuit, brought by Steinbeck’s late wife’s daughter disputing who controls the movie and stage rights of the author’s work, according to California federal court complaint filed Thursday.

  • July 28, 2016

    Citi Asks Judge To Say 'No Thanks' To AT&T Rewards Program

    Citigroup asked a New York federal judge on Thursday to bar AT&T from using the words "thanks" or "AT&T thanks" in the telecom titan's rewards program, saying the financial firm has spent more than $100 million building up customer goodwill with its ThankYou Rewards program and allowing AT&T to continue their program would cause Citi to lose control of its goodwill and would suffer irreparable harm.

  • July 28, 2016

    Whole Foods Denied 'World's Healthiest Grocery Store' TM

    The U.S. Patent and Trademark Office is refusing Whole Foods Market Inc.’s efforts to register the slogan “World's Healthiest Grocery Store” as a trademark, saying it is merely a laudatory phrase that does not function as a source designator.

  • July 28, 2016

    Par Pharma Sued For Abusing Monopoly Power Over Vasopressin

    Fresenius Kabi USA LLC on Wednesday filed suit in a New Jersey federal court against Par Pharmaceutical Cos. Inc., the maker of an intravenous vasopressin solution, alleging the company abused its monopoly position and hampered potential competitors from entering the market for the drug.

  • July 28, 2016

    Stephen Colbert Faces IP Threat Over 'Colbert' Character

    Late night host Stephen Colbert said Thursday that he could no longer appear as his famous fictionalized persona because “corporate lawyers” from “another company” had claimed the conservative character as its intellectual property.

  • July 27, 2016

    Ex-Mintz Levin Patent Atty Sues Divorce Judge

    A patent attorney who lost his job at Mintz Levin Cohn Ferris Glovsky & Popeo after he was sanctioned for “bullying” opponents in a custody battle accused the judge overseeing his divorce of destroying his life, filing claims of defamation and intentional infliction of emotional distress in New York federal court on Wednesday.

  • July 27, 2016

    Sony Sued Over 2014 Hack That Exposed Movie To Piracy

    Sony Pictures Worldwide Acquisitions Inc. breached a distribution agreement by failing to prevent a massive November 2014 data breach that exposed several movies to piracy, the maker of one of those compromised films claimed in a lawsuit filed Wednesday in Florida federal court seeking millions in damages.

  • July 27, 2016

    Watson Pushes To Sever Lidoderm, Opana Pay-For-Delay Suits

    Watson Laboratories Inc. and its owner, Allergan PLC, on Tuesday again urged a Pennsylvania federal court to sever the Federal Trade Commission's case claiming that Watson delayed generic competition for Lidoderm from another similar case over Opana ER, saying the FTC is unable to show any logical relationship.

  • July 27, 2016

    Momenta Wins Dismissal Of Blood-Clot Drug Antitrust Suit

    A Massachusetts federal judge on Wednesday said that Amphastar Pharmaceuticals Inc. cannot bring federal antitrust claims against Momenta Pharmaceuticals Inc. for allegedly suppressing competition of sales of a generic blood clot drug because its alleged injury stems from a prior court-issued injunction, immunizing Momenta from suit.

  • July 27, 2016

    High Court Lifts Stay On Merck Birth Control Patent Ruling

    Chief Justice John Roberts on Wednesday lifted a stay on the Federal Circuit’s decision that Merck KGaA and Bayer AG’s patent claim against Watson Laboratories Inc. is invalid, clearing Watson to move forward with a generic of the birth control drugs Safyral and Beyaz during appeals.

  • July 27, 2016

    'Anti-Troll' Targets Notorious NPE's Patent For PTAB Review

    Unified Patents Inc. asked the Patent Trial and Appeal Board on Monday to review what the "anti-troll" organization called an invalid car technology patent belonging to nonpracticing entity Shipping & Transit LLC, which has filed a massive number of infringement lawsuits.

  • July 27, 2016

    Candy Maker Topps Accuses Rival Of Infringing Lollipop IP

    The Topps Co., a high-profile maker of gum and other candy, hit Koko's Confectionery & Novelty Inc. with a suit Tuesday in New York federal court accusing its competitor of stealing patents and trade dress infringement of the Juicy Drop lollipop advertised on Nickelodeon and elsewhere.

  • July 27, 2016

    Soccer Star Pele’s Rights Owners Hit By $2M Contract Suit

    Merchant bank Raine Securities LLC filed suit in New York federal court Tuesday, accusing a company it says owns international soccer star Pele’s intellectual property rights of refusing to pay for Raine's work searching to find a buyer for the marketing business.

  • July 27, 2016

    Athletics Headband Maker Says Rival Copied Its Style

    Athletics headband maker Sparkly Soul Inc. hit rival Sweaty Bands LLC with a trade dress infringement suit in New York federal court Wednesday claiming it copied its full-circle elastic design in the hopes of capitalizing on the ensuing brand confusion.

  • July 27, 2016

    Fried Frank Snags Ex-Paul Hastings IP Litigator In DC

    Fried Frank Harris Shriver & Jacobson LLP has bolstered its intellectual property and litigation practices in Washington, D.C., by snagging a former Paul Hastings LLP partner with experience advising technology clients on patent litigation and the IP aspects of mergers and acquisitions.

Expert Analysis

  • The 1st Post-Grant Review Decisions And What They Mean

    Jason A. Engel

    The Patent Trial and Appeal Board's first two post-grant review final written decisions may have a chilling effect for petitioners considering raising prior art systems in the context of PGR petitions, particularly where such declarations need to be obtained within nine months of a patent’s issuance, say attorneys with K&L Gates LLP.

  • OPINION: Our Juries Are Being Circumvented

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    The Freddie Gray case and a recent U.S. Supreme Court decision demonstrate how the government replaces juries, removing the jury as an important decision maker in the community and as a check on governmental power — roles that are especially important in these times, says Professor Suja A. Thomas of the University of Illinois College of Law.

  • Trade Secret Claim Strategies: ITC Vs. DTSA

    Paul A. Ainsworth

    While the Defend Trade Secrets Act offers both monetary and injunctive relief, the U.S. International Trade Commission offers trade secret owners jurisdiction over foreign companies and a speedier remedy, say Paul Ainsworth and Stephanie Nguyen of Sterne Kessler Goldstein & Fox PPLC.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Ways Manufacturers Can Shut Down Unauthorized Resellers

    Keith L. Slenkovich

    While the brand owner’s legal rights with respect to unauthorized resellers of genuine products may not be as clear-cut as with counterfeit sales, brand owners do nevertheless have rights that they should consider enforcing in these situations, says Keith Slenkovich of WilmerHale.

  • A Big Question For Self-Driving Car Developers

    Steven Baik

    For self-driving cars, it's possible to give artificial intelligence complete control over all perception and driving decisions, or AI can be used not at all or in limited ways to augment elaborate software. The choice might impact a self-driving car designer’s liability if its car crashes, say Steven Baik and Nathan Greenblatt of Sidley Austin LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Can Reference Sponsor Forfeit Right To Sue Under BPCIA?

    Brian D. Coggio

    In Amgen v. Apotex, the Federal Circuit recently stated that a reference product sponsor could not sue for infringement under Section 271. Brian Coggio and Ron Vogel of Fish & Richardson PC explore whether an RPS is forever barred from asserting infringement of an unlisted patent under all sections of 271 or only the section that creates an “artificial act of infringement” for U.S. Food and Drug Administration filings under the Bio... (continued)

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Atty Patent Validity And Infringement Opinions Back In Vogue

    Jeffrey G. Sheldon

    In patent matters regarding validity and infringement, it has been the general consensus among patent attorneys that a formal written attorney opinion usually was unnecessary. In view of two recent U.S. Supreme Court decisions, this is no longer the situation, say Jeffrey Sheldon and Ivan Posey of Leech Tishman Fuscaldo & Lampl LLC.