Intellectual Property

  • June 28, 2016

    Pre-1972 'Remaster' Ruling Heads To 9th Circ.

    Song owners who filed class action litigation against CBS over so-called pre-1972 recordings are heading to the Ninth Circuit to challenge a novel ruling last month that “remastered” versions of old tracks played over the airwaves aren't even pre-1972 songs in the first place.

  • June 27, 2016

    The Firms That Won Big At the Supreme Court

    While the usual appellate powerhouse firms scored big at the U.S. Supreme Court in the 2015 term, a dark horse managed to emerge with a spotless 5-0 record, and a veteran boutique was able to shape landmark rulings on both the Affordable Care Act and the Obama administration’s executive orders on immigration. Here, Law360 takes a look at how the country’s top firms performed at the high court this session.

  • June 27, 2016

    The Top Supreme Court Dissents Of The Term

    While Justice Antonin Scalia's death resulted in a Supreme Court term notably lacking his famously pithy, well-reasoned dissents, the justices still managed to make their ire known. Here, we look at the most noteworthy dissents of the term and how Scalia's absence made a mark.

  • June 27, 2016

    The Supreme Court Term By The Numbers

    A vacant seat on the court. Controversial decisions on abortion and affirmative action. A judicial deadlock on immigration. For the U.S. Supreme Court, it was both business as usual and a session unlike any other. Here, Law360 takes a deep dive into the numbers behind the high court's latest term, examining the vote counts, overturn rates and dissents from this divided court.

  • June 27, 2016

    Winners And Losers In ITC's Chuck Taylor Trademark Ruling

    As the dust settles following the U.S. International Trade Commission's hotly anticipated trademark ruling on Converse's Chuck Taylor sneaker, here are the two big winners and the three major losers you need to know.

  • June 27, 2016

    The Funniest Moments Of The Supreme Court's Term

    Late Justice Antonin Scalia joked about taking bribes, Justice Stephen Breyer imagined a hot dog detector and Chief Justice John Roberts needed help deciphering a young lawyer's lingo. Amid the customary seriousness of this term's U.S. Supreme Court arguments, there were some memorable moments of courtroom comedy. Here, Law360 looks back at humorous highlights from the past year.

  • June 27, 2016

    Justices Deny Interval Challenge To Patent Review Standard

    The U.S. Supreme Court on Monday declined to hear a petition by Interval Licensing LLC challenging the claim construction standard used during re-examinations of a patent’s validity, a decision that came one week after it refused to change the Patent Trial and Appeal Board claim construction standard in America Invents Act reviews.

  • June 27, 2016

    A Divided Court Finds New Ways To Be Unanimous

    The U.S. Supreme Court's struggle to avoid 4-4 splits this term led to a new kind of unanimity, experts say, with the four justices in the ideological middle forging consensus on narrow points of law.

  • June 27, 2016

    $4.8M Fee Bid Stalls 'Happy Birthday’ Public Domain Debut

    A California federal judge Monday said he would give final approval to a settlement putting “Happy Birthday” into the public domain, but held off so Warner/Chappell Music Inc. can bolster their opposition to a $4.62 million fee request from the copyright class action’s prevailing attorneys.

  • June 27, 2016

    Huckabee Settles 'Eye Of The Tiger' IP Infringement Suit

    Former Republican presidential candidate Mike Huckabee's campaign has settled a copyright infringement suit in Illinois federal court that accused him of using the Grammy-winning song “Eye of the Tiger” at a rally supporting Kentucky county clerk Kim Davis without permission, according to a Monday media report.

  • June 27, 2016

    AstraZeneca Sues FDA To Stop Crestor Generics

    AstraZeneca Pharmaceuticals LP is suing the U.S. Food and Drug Administration to stop a wave of generic versions of its cholesterol treatment Crestor from hitting the market next month when its exclusivity on the drug expires, according to a case filed Monday in Washington, D.C.

  • June 27, 2016

    8 Wasn't Enough For Lawyers Seeking High Court Clarity

    The eight-justice U.S. Supreme Court failed to reach majority decisions in some of the most closely watched cases of the term, leaving controversial legal questions unanswered and underscoring the stakes of the political fight over the late Justice Antonin Scalia's replacement.

  • June 27, 2016

    High Court Remands Click-To-Call's Patent Case Under Cuozzo

    The Federal Circuit must reconsider Click-To-Call’s arguments that the Patent Trial and Appeal Board wrongly granted an America Invents Act review of its telephone communications patent, the U.S. Supreme Court said Monday, remanding the case back to the circuit court.

  • June 27, 2016

    Akamai Wins Interest In Patent Row Against Limelight

    A Massachusetts federal judge determined Friday that Akamai is entitled to prejudgment interest from Limelight Networks Inc. after winning a verdict in a long-standing network hosting patent case, but only for specific periods during the appellate portion of the suit.

  • June 27, 2016

    High Court Won't Hear Patent Row Over Fetal DNA Test

    The U.S. Supreme Court has declined to hear Sequenom Inc.’s appeal of a decision invalidating its patent for a fetal DNA test, after lower courts found the patent ineligible because it’s directed toward a natural phenomenon, according to an order list Monday.

  • June 27, 2016

    U. Houston Law Center Says Name Change Infringes IP

    The University of Houston Board of Regents on Monday filed a federal lawsuit against South Texas College of Law, alleging that the school's recent change of name and color scheme is now infringing on the University of Houston Law Center trademarks and brand.

  • June 27, 2016

    Fed. Circ. Finds Bascom Web Patent Passes Alice Test

    The Federal Circuit on Monday revived a lawsuit accusing AT&T Corp. of infringing a patent covering a method for filtering internet content, overturning a lower court’s decision that the patent was invalid under the framework laid out in the U.S. Supreme Court’s Alice decision.

  • June 27, 2016

    High Court Won't Review ‘Automatic Assignment’ Patent Rule

    The U.S. Supreme Court on Monday declined to review a case in which a former Seagate Technology LLC scientist argued he was wrongly omitted as an inventor on six patents because of the Federal Circuit’s “automatic assignment” rule.

  • June 27, 2016

    Samsung Loses Bid For SCOTUS Look At Apple Suit Injunction

    The U.S. Supreme Court on Monday rejected Samsung's request that it vacate an injunction against the company in a patent dispute with Apple, despite the South Korean company's arguments that the order could set a disturbing precedent if left intact.

  • June 27, 2016

    Tobacco Co. Sues Weed Cos. Over 'Marley' Trademark

    A tobacco company in the British West Indies has sued four cannabis-related companies for trademark infringement, alleging the companies were marketing their weed-infused products with confusingly similar names.

Expert Analysis

  • A New Standard For Attorneys’ Fee Awards In Copyright Cases

    Barry I. Slotnick

    While the U.S. Supreme Court's recent attorneys' fees decision in Kirtsaeng v. John Wiley & Sons — which directs lower courts to give significant weight to a losing party’s objectively unreasonable litigation position — is likely to deter some meritless copyright litigation, the inability to collect a fee award from an impecunious litigant sometimes requires other methods of deterrence, say Barry Slotnick and Tal Dickstein of Loeb & Loeb LLP.

  • Alice May Be Back From Wonderland

    Ronald G. Embry

    The Federal Circuit and the U.S. Patent and Trademark Office are moving in substantially the same direction at the same time, which may move U.S. patent practice back to a more moderate and discerning Alice implementation, says Ronald Embry of Patterson & Sheridan LLP.

  • Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim

    Jonathan Berman

    In a significant expansion of antitrust jurisprudence, the Massachusetts federal magistrate judge in Meijer v. Ranbaxy sided with the plaintiffs, who asserted that Ranbaxy violated the Sherman Act by allegedly obtaining an exclusivity period through fraudulent submissions to the U.S. Food and Drug Administration. But similar complaints may not survive motions to dismiss, says Jonathan Berman of Jones Day.

  • Agile Software Development Brings New Contracting Issues

    Derek J. Schaffner

    Creating software using an agile software development methodology is rapidly gaining popularity based on the notion that ASD yields workable code sooner and in a more efficient manner. There are contractual mechanisms that clients can implement to reduce the uncertainty under ASD while still reaping the benefits of this collaborative development method, says Derek Schaffner of Mayer Brown LLP.

  • What You Should Know About The Defend Trade Secrets Act

    Patrick J. Coyne

    Nothing passes Congress during an election year. Well, the Defend Trade Secrets Act of 2016 did. In some ways, the act is unexceptional. In other ways, however, it is exceptional. Perhaps the single most important provision is the availability of ex parte seizure orders, says Patrick Coyne of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Right Of Publicity For NBA Player's Tattooed Torso? Maybe

    Daniel Wallach

    One of the most ingenious marketing ideas to emerge in the aftermath of the Cleveland Cavaliers' stunning NBA Championship is a T-shirt replicating J.R. Smith's heavily tattooed upper body. If Smith has not consented to the use of his image or likeness, he may have viable claims under Ohio's right-of-publicity statute, says Daniel Wallach of Becker & Poliakoff PA.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • Damage Analysis Is Key To Settling Complex Cases

    Karen Willcuts

    An understanding of the damage model and the facts and figures to back it up is crucial to a successful mediation in commercial cases. This is true for both plaintiffs counsel and defense counsel, says Karen Willcutts, former associate judge for Dallas County and an arbitrator at JAMS ADR.

  • Fed. Circ. TLI Decision Is Not A Step Backward From Enfish

    Gautham Bodepudi

    There are some questioning whether the Federal Circuit took a step backward with its decision in TLI v. AV Automotive, decided just five days after Enfish clarified the proper framework in which to determine whether a claim is abstract for step one of the Alice test. However, taking a closer look, the TLI court moved the Enfish line of reasoning forward, says Gautham Bodepudi of IP Edge.

  • Creating A Partial Solution To Delayed Generic Competition

    Gregory S. Asciolla

    Although the recently proposed CREATES Act leaves some competitive concerns unanswered, and raises some additional questions, it provides a starting point to address some of the issues affecting consumer access to cheaper generic and biosimilar drug products in the United States, say Gregory Asciolla and Matthew Perez at Labaton Sucharow LLP.