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Intellectual Property

  • November 9, 2018

    9th Circ. Ends Oft-Heated Trade Secrets Suit Against Ex-CEO

    A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.

  • November 9, 2018

    Fed. Circ. Says Inventors Can Challenge IP They've Created

    Inventors who reassign their rights in a patent may still subsequently challenge the validity of the intellectual property’s claims in reviews before the Patent Trial and Appeal Board, the Federal Circuit held Friday in a case involving a Cisco patent covering Ethernet switch products.

  • November 9, 2018

    Fed. Circ. Hands GE Another Win Over Jet Engine Patents

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that invalidated claims in three United Technologies Corp. patents covering aircraft engines, handing another win to General Electric Co. in the rivals’ patent fight.

  • November 9, 2018

    Fed. Circ. Tells PTAB To Look At NuVasive Patent Again

    The Federal Circuit on Friday tossed a Patent Trial and Appeal Board decision invalidating a NuVasive patent covering a procedure for spinal surgery as obvious, finding that the board had interpreted a term too broadly and sending the case back for reconsideration.

  • November 9, 2018

    What To Expect As PTAB Swaps Claim Construction Standard

    After six years and thousands of patent reviews, the Patent Trial and Appeal Board is ditching its claim construction standard in favor of the more narrow standard used in district court. Here, Law360 takes a look at how we got here and what to expect moving forward.

  • November 9, 2018

    Attys Accused Of Scamming Artist Out Of Life Story Rights

    A New Jersey janitor turned successful artist has sued two partners of a north New Jersey law firm, claiming they manipulated him into signing over the rights to his life story to them for $10 after a Hollywood movie producer indicated he was interested in adapting it.

  • November 9, 2018

    Weinstein Successor Reaches $3M Deal On ‘Yellowstone’

    The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.

  • November 9, 2018

    Brand Battles: Adidas, Ohio State, 'Black Panther,' Yankees

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Adidas picks a fight with Ohio State University over a stripe on football helmets, Disney's Marvel aims to block a "Wakanda Wine Fest," and the New York Yankees say a "WS NY" brand could be mistaken for something related to the World Series.

  • November 9, 2018

    Sens. Seek White House Backing For Pay-For-Delay Drug Bill

    Sens. Amy Klobuchar, D-Minn., and Chuck Grassley, R-Iowa, pointed to President Donald Trump’s criticism of high drug prices to ask for White House support for their latest version of a bill aimed at outlawing most so-called pay-for-delay deals between brand drugmakers and their would-be generic competitors.

  • November 9, 2018

    HTC Must Prove Ericsson’s SEP Royalties Breach: Gilstrap

    A Texas federal judge has agreed with Ericsson Inc. that HTC America Inc. bears the burden of proof for its claims that the Swedish telecom breached its obligation to license standard-essential patents for cellular and wireless technology on fair, reasonable and nondiscriminatory terms.

  • November 9, 2018

    Metal Band Drummer Loses DQ Appeal Targeting Guitarist Atty

    The former drummer for glam metal rockers Ratt can’t stop the music on the ex-lead guitarist’s relationship with his current lawyer, a California appeals court said Thursday.

  • November 9, 2018

    Fairchild Owes Rival $24M For Tech Patent Infringement

    A Delaware jury awarded Power Integrations Inc. more than $24 million in damages Friday after finding that competitor Fairchild Semiconductor International willfully infringed its patents for frequency jitter technology and induced third parties to infringe the patents as well.

  • November 9, 2018

    Real Estate Co. Must Pay $28.8M After Ripping Off Plans

    A Texas federal judge has ordered a real estate company to pay $28.8 million to an architectural design firm after a jury found that the property business violated the Digital Millennium Copyright Act 11,516 times by ripping off floor plan designs.

  • November 9, 2018

    IP Hires: Perkins Coie, Venable, USPTO

    In this week’s round of intellectual property attorney moves, the U.S. Patent and Trademark Office appointed a seasoned Silicon Valley IP expert as deputy director, Perkins Coie nabbed a former USPTO deputy general counsel for its Washington, D.C., office, and Venable landed a tech-savvy patent litigator for its growing IP practice in San Francisco. Here are the details on these notable IP hires.

  • November 9, 2018

    Ed Sheeran, Tim McGraw, Faith Hill Settle Song Theft Suit

    Tim McGraw, Faith Hill and Ed Sheeran have reached a settlement to end a copyright lawsuit in New York federal court that claimed their 2017 single “The Rest of Our Life” was a “blatant note-for-note copy” of an earlier song.

  • November 8, 2018

    PopSugar Can't Nix IP Suit, Instagram Influencer Says

    A law degree-holding Instagram influencer urged a California federal judge Tuesday not to toss her putative copyright infringement class action alleging lifestyle website PopSugar ripped off her Instagram posts, arguing she doesn't have to prove she registered copyrights in the posts to pursue her claims.

  • November 8, 2018

    EVelozcity Can Drive Ahead With No-Poach Contract Row

    Electric vehicle startup Faraday & Future must face claims from rival EVelozcity that it imposed an illegally restrictive contract term that prevented departing employees from recruiting colleagues to another company, a Los Angeles judge ruled Thursday, rejecting Faraday's bid to end the suit on anti-SLAPP grounds.

  • November 8, 2018

    Helsinn Tells Justices Teva 'Badly Misconstrues' On-Sale Bar

    Helsinn on Thursday filed its final brief ahead of oral arguments next month in a U.S. Supreme Court case over the on-sale bar in patent cases, arguing that Teva’s interpretation “badly misconstrues” the America Invents Act.

  • November 8, 2018

    Bombardier Can Keep Software Secret In Fatal Crash Case

    A Texas appeals court on Thursday sided with Kongsberg Inc. and Bombardier Recreational Products Inc. in their bid to keep private their trade-secret software programs in a suit over a fatal three-wheel motorcycle crash, deciding the programs were not essential to the case.

  • November 8, 2018

    Satanic Temple Sues Netflix Over 'Goat-Headed Deity'

    Netflix and Warner Bros. Entertainment Inc. were hit with a copyright lawsuit in Manhattan federal court Thursday from a religious group called the Satanic Temple, over the appearance of "an androgynous goat-headed deity" in the show "The Chilling Adventures of Sabrina."

Expert Analysis

  • New Claim Construction Standard Arrives At PTAB

    Matt Kamps

    On Tuesday, the Patent Trial and Appeal Board's claim construction standard for America Invents Act post-grant proceedings changes from "broadest reasonable interpretation" to “ordinary and customary meaning.” Attorneys with Faegre Baker Daniels LLP examine this quickly adopted rule and the U.S. Patent and Trademark Office's response to comments.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Patent And Copyright Changes In The New NAFTA

    Michele Washington

    The modernized trade agreement between the U.S., Mexico and Canada includes provisions that should improve intellectual property transparency between the member countries and bring a certain degree of procedural uniformity, say attorneys with Snell & Wilmer LLP.

  • Canada Considering Patent Prosecution History Estoppel

    David-Kei Codère Maruyama

    Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • New Claim Construction At PTAB: Lessons From ITC Cases

    Sasha Rao

    How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.

  • Deciding The Fate Of Trademark Licenses In Bankruptcy

    Woods Drinkwater

    If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • What We Heard At The FTC Hearings: Days 6 And 7

    Eric Weiss

    The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.