Toy company GoldieBlox Inc. has pulled a parody version of the Beastie Boys song “Girls” from its popular viral promotional video and is willing to drop its suit seeking a judgment that the parody makes fair use of the track, the company revealed Wednesday.
The U.S. Trade Representative's office said Wednesday it will seek a “flexible” approach to pharmaceutical intellectual property provisions in the Trans-Pacific Partnership, attempting to allow access to lifesaving medicine while also retaining incentives for new drugs to be developed.
Honigman Miller Schwartz and Cohn LLP recently announced a former Rader Fishman & Grauer PLLC attorney with 20 years of experience handling intellectual property matters has joined the firm's Oakland County office as a member of its growing intellectual property litigation group.
A slot machine company filed a $5 million suit Tuesday against a competitor formed by the company’s former in-house counsel, alleging he poached employees and appropriated trade secrets in violation of a nondisclosure agreement he signed upon his exit.
The National Hockey League has struck a 12-year, CA$5.2 billion ($4.93 billion) deal giving Rogers Communications Inc. the rights to show NHL games on television and via other media platforms across Canada in the largest broadcast-rights deal in league history, the parties announced Tuesday.
A New Jersey federal judge on Tuesday declined to split into two phases any such trial in Depomed Inc.’s suit alleging Purdue Pharma LP's pain reliever OxyContin infringed on three of its patents for extended-release drug technology, saying bifurcation isn’t warranted.
A federal trademark appeals panel refused a registration last week on the name of audio equipment startup Grain Audio, affirming an examiner's ruling that it was too close to the already registered “EGRAIN.”
A California federal judge sanctioned dental implant company Implant Direct Mfg. LLC for destroying evidence in rival Zest IP Holdings LLC's patent infringement case, saying Monday that he would warn the jury about missing emails and order Implant Direct to pay Zest's attorneys' fees.
A federal trademark appeals panel sided with food giant Nestle SA last week, reversing an examiner's decision that the company's "Kid Selects" brand name was not able to be registered as a federal trademark.
A California federal judge on Monday rejected a request by Samsung Electronics Co. Ltd. to stay its smartphone patent dispute with Apple Inc. in light of a preliminary ruling that a key Apple patent is invalid, saying that delaying the case will harm Apple.
The U.S. International Trade Commission said Monday it would review a portion of an administrative law judge's finding that LG Electronics Inc., Samsung Electronics Co. Ltd., Barnes & Noble Inc. and other companies do not import consumer electronics that infringe a microprocessor patent held by Technology Properties Ltd. LLC.
Guiding Pfizer Inc. to a settlement where generic-drug makers agreed to pay $2.15 billion to end litigation over an acid reflux drug and helping Apple Inc. obtain the first White House veto of a U.S. International Trade Commission exclusion order since 1987 has landed WilmerHale's Bill Lee on Law360's list of IP MVPs for the third straight year.
The U.S. Patent and Trademark Office announced Monday that it is extending a popular program launched last year to reduce patent pendency by giving examiners a limited amount of time to consider responses filed after the rejection of a patent application.
A Texas jury ruled Monday that online computer retailer Newegg Inc. infringed TQP Development LLC's data encryption patent and ordered it to pay $2.3 million in damages, in a loss for a company known for its policy of never settling with plaintiffs it calls patent trolls.
Myriad Genetics Inc. on Monday accused genetic testing company Invitae Corp. of infringing on patents related to cancer-testing, marking the latest front in a growing legal battle that has ensnared four other companies.
A chief legal adviser to the Europe Union's highest appeals court said Tuesday that EU law allowed for court injunctions that require Internet service providers to block subscriber access to pirate websites.
A California federal jury on Monday found that Apple Inc.'s iPhone 4 did not infringe a patent held by NetAirus Technologies LLC and its owner Richard L. Ditzik covering wireless handset communications and also invalidated many of the patent's claims.
Apple Inc. on Tuesday told a California federal judge overseeing FlatWorld Interactives LLC’s touch-screen patent infringement suit against the electronics giant that FlatWorld must divulge emails between its co-founder and her husband, a former Morgan Lewis & Bockius LLP attorney who once represented Apple, saying spousal privilege doesn’t protect the communications.
Travelers Indemnity Co. on Monday asked a federal judge not to toss its $47 million lawsuit claiming it overpaid Pfizer Inc. for the epilepsy drug Neurontin due to the drugmaker’s anti-competitive efforts and aggressive marketing of off-label uses, saying its claims are not time-barred.
A Texas federal judge on Monday agreed to knock three of AT&T Inc.’s contested four E911 mobile centers out of a battle over whether its mobile locator systems infringe a patent owned by TracBeam LLC, finding that three of AT&T’s four E911 mobile centers didn’t perform a function essential to the patent’s system. (Correction: An earlier story and headline incorrectly reported that AT&T's three nontesting centers were eliminated from the suit, and the story incorrectly reported an argument over the patent for mobile base stations. The errors have been corrected.)
In California, a party alleging trade secret misappropriation will usually confront two issues: causes of action that can be asserted under the California Uniform Trade Secrets Act and specificity of the alleged trade secret-related claims. While the standards for properly identifying trade secrets vary, there are certain principles that practitioners should understand, say James Hardin and Tyler Woods of Newport Trial Group.
On Oct. 1, 2013, the U.S. Supreme Court granted certiorari in Petrella v. Metro-Goldwyn-Mayer Inc. Even though the court’s question concerns the Copyright Act, the history of the doctrine of laches and its contours find parallels in patent law. Patent practitioners should watch the Petrella decision because, depending on its scope and reasoning, the outcome could impact the defense of laches as litigated in patent cases, say Bruce Wexler and Max Yusem of Paul Hastings LLP.
While there is still a split among jurisdictions regarding whether presuit knowledge of a patent is required to state a claim for indirect patent infringement, the majority of courts are refusing to dismiss complaints lacking such an allegation, says Jeremy Elman of McDermott Will & Emery LLP.
Given the uncertainty in obtaining injunctive relief in district courts, many patentees have turned to the U.S. International Trade Commission to litigate patents, but patentees in the ITC have not been entirely immune from recent forces limiting the availability of injunctions, says Michael McCabe of Finnegan Henderson Farabow Garrett & Dunner LLP.
Clearance of intellectual property issues is a key step to begin early in the process of making a film, documentary or television program. A coordinated strategy can result in a final product that has few, if any, significant IP risks, while at the same time ensuring that proper licenses, permissions and documentation are in place prior to release and distribution, says Sandra Thompson of Buchalter Nemer PLC.
A recent case from the Eighth Circuit reaffirms the important principle that a franchisor that seeks a preliminary injunction to prevent harm from a covenant breach must act quickly. Courts don't recognize a franchisor's situation, after a 17-month delay, as "urgent" or compelling, says Jason Bush of Baker Donelson Bearman Caldwell & Berkowitz PC.
Among 10 battle-proven strategies for getting your witnesses ready for trial is to role-play the cross-examiner. For instance, if you expect the cross-examiner to yell, get in the witness’ face or use scathing sarcasm, do that during practice to minimize surprises at trial, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
For those who submitted or are on the receiving end of formal objections to proposed new generic top-level domains, there are strategies and tips that can be gleaned from how such objections have been handled. The positive and negative decisions thus far illustrate some noteworthy themes, say Bobby Ghajar and Robert Burlingame of Pillsbury Winthrop Shaw Pittman LLP.
Mio v. Valentino's of America provides guidance and much needed clarity to potential franchisors seeking to do business in Florida. In particular, the case details which activities do — and more importantly, which do not — subject out-of-state franchisors to the personal jurisdiction of Florida courts, says Kyle Diamantas of Baker Donelson Bearman Caldwell & Berkowitz PC.
Seventh Circuit Judge Diane Wood and other commentators have argued that uniformity, at least on the appellate level, has a negative impact on the development of patent law. The trend toward uniformity and standardization, however, has recently been furthered by both Congress and the judiciary, says Peter Scoolidge of Fisch Hoffman Sigler LLP.