Intellectual Property

  • March 21, 2018

    BREAKING: 9th Circ. Says 'Blurred Lines' Infringed Copyright

    A split Ninth Circuit panel on Wednesday upheld a verdict that the 2013 chart-topper “Blurred Lines” infringed the copyright to Marvin Gaye’s iconic “Got To Give It Up,” rejecting warnings from a dissenting judge that the ruling “strikes a devastating blow to future musicians.”

  • March 21, 2018

    Reverse Vs. Remand: Fed. Circ. Signals Shift In USPTO Appeals

    The Federal Circuit may be shifting toward reversals, rather than remands, when the U.S. Patent and Trademark Office fails to support its decision that an invention is unpatentable, highlighting the need for inventors to carefully consider arguments about a potential remedy on appeal.

  • March 20, 2018

    Virtual Reality Legal Concerns On The Rise, Survey Finds

    As augmented and virtual reality offerings continue to expand, companies are paying more attention to the legal issues raised by the emerging technology, including the potential for disputes in the areas of consumer data collection and use, personal injuries and property damage, and patent infringement, according to a survey released Tuesday by Perkins Coie LLP.

  • March 20, 2018

    FX Slams De Havilland’s ‘Feud’ Portrayal Suit On Appeal

    FX Networks and the producers of “Feud: Bette and Joan” urged a California appeals court on Tuesday to toss Olivia de Havilland’s suit alleging the docudrama dirties and improperly profits off her name, arguing the First Amendment clearly protects their right to use artistic license in portraying the 101-year old actress.

  • March 20, 2018

    Reps. Introduce Wide-Ranging Bill To Bolster Patent Owners

    A bill introduced in the U.S. House of Representatives on Tuesday would make it more difficult to invalidate patents at the Patent Trial and Appeal Board and easier for patent owners to obtain injunctions, drawing praise from the life sciences industry and strong opposition from the technology sector.

  • March 20, 2018

    Future Of CBM Reviews Sparks Debate At House Hearing

    Members of the House Judiciary Committee appeared divided at a hearing Tuesday about whether the America Invents Act's covered business method review program is still necessary, with some saying it should be extended and others calling for it to end as scheduled in 2020.

  • March 20, 2018

    Nokia Subsidiaries Trimmed From BlackBerry Patent Suit

    A Delaware federal judge on Monday trimmed BlackBerry Ltd.’s suit against Nokia over the infringement of 11 patents describing proprietary technology underlying 3G and 4G mobile communication, agreeing with Nokia that some of its subsidiaries should be dismissed because BlackBerry didn’t allege an agency relationship between them.

  • March 20, 2018

    Insurer Doesn't Owe Defense In Website IP Battle, Judge Says

    A New York federal judge ruled Tuesday that Sentinel Insurance Co. doesn't have to cover business financing company BF Advance LLC's costs to defend a lawsuit accusing it of infringing copyrighted software for a "web spokesperson" video, holding that the underlying action falls squarely within a policy exclusion for claims relating to software use.

  • March 20, 2018

    Blue Cross Unit Fights Sanctions Bid In Aggrenox MDL

    Blue Cross and Blue Shield of Louisiana on Monday urged a Connecticut federal judge to nix a sanctions bid from Boehringer Ingelheim and Teva in multidistrict litigation over an alleged pay-for-delay scheme for a generic of Aggrenox, saying the motion has “lost urgency and importance” as a result of recent schedule changes.

  • March 20, 2018

    Allergan Drug Buyers Urge 1st Circ. To Keep Class Cert.

    A class of purchasers of an anti-inflammatory drug made by Allergan PLC told the First Circuit on Tuesday that a Massachusetts federal judge was right to grant them class certification in their suit claiming the pharmaceutical company illegally stifled generic competition in an effort to keep prices high.

  • March 20, 2018

    Tinder Stays On IP Warpath, Sues Top Chinese Dating App

    The company that owns the dating app Tinder filed a sweeping intellectual property lawsuit Monday against a service billed as “China’s Tinder" just days after filing a similar case against top U.S. rival Bumble.

  • March 20, 2018

    What To Watch For As Lighthizer Heads To Capitol Hill

    The Trump administration’s trade policy is under close public scrutiny as the White House prepares to move ahead with new tariffs on steel and aluminum, girds for a new fight with China over intellectual property enforcement, and tries to keep negotiations with its closest allies afloat. It is against this backdrop that U.S. Trade Representative Robert Lighthizer will testify before the two congressional trade committees this week.

  • March 20, 2018

    Oshkosh Says Marines Overreached On Technical Data Rights

    Oshkosh Defense LLC has sued the federal government, accusing the U.S. Marine Corps of a scheme to take proprietary technical data related to two Oshkosh-designed tactical vehicles — designs provided to the Corps on a limited basis — for unlimited use to wrongly try to cut Oshkosh out of its exclusive right to that data.

  • March 20, 2018

    AAR Denies DynCorp Claim That Trade Secret Deal Is Far Off

    AAR Airlift Group told a Florida federal court on Monday that DynCorp’s suit accusing an AAR unit of stealing secrets to score a $10 billion U.S. Department of State counternarcotics services contract should only be reopened to enforce a settlement, contradicting DynCorp’s claim that the parties were far from reaching agreement.

  • March 20, 2018

    Fed. Circ. Revives Power Integrations Patent Killed At PTAB

    The Federal Circuit on Monday revived four claims in a Power Integrations Inc. patent dealing with converting power from digital to analog that the Patent Trial and Appeal Board had invalidated, finding the board interpreted the claims at play too broadly.

  • March 20, 2018

    Momenta, Sandoz Can’t Dodge Amphastar Antitrust Suit

    A Massachusetts federal judge Monday declined a bid by Momenta Pharmaceuticals Inc. and Sandoz Inc. to toss a suit by Amphastar Pharmaceuticals, ruling that the plaintiff company had made a reasonable case that it was harmed by their alleged stifling of competition for a generic anticoagulant.

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Before his sudden departure Tuesday, Latham & Watkins LLP Chair Bill Voge engaged in a pattern of reckless behavior starting with sexually explicit messages sent to a woman he approached on behalf of a Christian men’s group and culminating in threats to her husband to have her thrown in jail. (This story has been updated to include more details.)

  • March 20, 2018

    Ex-Sterne Kessler PTAB Co-Chair Joins King & Spalding

    An intellectual property trial attorney has left her position as co-chair of the Patent Trial and Appeal Board practice at Sterne Kessler Goldstein & Fox PLLC to work as a partner at King & Spalding LLP’s Washington, D.C., office, her new firm has announced.

  • March 20, 2018

    Embedded Tweet Copyright Case Sent To 2nd Circ.

    A New York federal judge has given Time Inc. and other publishers the right to file an immediate appeal from a controversial copyright ruling last month over embedded tweets, crediting their claims of “tremendous uncertainty.”

  • March 19, 2018

    AstraZeneca Owes $192M For Cancer Drug Rights, Rival Says

    AstraZeneca owes $192 million for refusing to pay royalties for an Array cancer drug after entering an $8.5 billion collaboration with Merck to develop and commercialize the compound, according to a lawsuit removed to New York federal court Monday.

Expert Analysis

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say authors from the University of Chicago and Analysis Group.

  • Chief Innovation Officer — The New Star Player On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • For Fate Of IPR Use, We Can Look To Dr. Seuss

    Travis Jensen

    In 2011, I used Dr. Seuss’ classic story “The Sneetches” to explain to a group of Stanford students the creation of the inter partes review regime. With the U.S. Supreme Court expected to issue its Oil States ruling any day, it is an ideal time to revisit the Sneetches analogy, says Travis Jensen of Orrick Herrington & Sutcliffe LLP.

  • Eligibility Rulings May Lead To Shift In Patent Prosecution

    Daniel Venglarik

    Three Federal Circuit decisions on subject matter eligibility conflict with U.S. Patent and Trademark Office guidance. A recently filed petition for rehearing en banc, if granted, may afford the full court an opportunity to clarify the role of factual evidence in eligibility determinations, say Daniel Venglarik and Neil Ferrari of Munck Wilson Mandala LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • A View From Silicon Valley: Tax Reform And The Tech Industry

    Michele Alexander

    Many of the most discussed provisions in the Tax Cuts and Jobs Act have particular significance for the technology industry, affecting companies’ choices about entity classification, where they do business and hold assets, and the manner in which they receive or make investments. Michele Alexander and Ryan Davis of Bracewell LLP discuss the options.

  • Metaphysical Questions After TC Heartland

    Ben Quarmby

    Following the U.S. Supreme Court's decision in TC Heartland, district courts are increasingly turning to the Federal Circuit’s 2005 opinion in NTP v. Research in Motion for insight on the “commitment” prong of the venue statute. This yields some guidelines for practitioners, but falls short of providing absolute clarity, say Ben Quarmby and Sara Margolis of MoloLamken LLP.

  • Navigating The USPTO First Action Interview Pilot Program

    Robert Curylo

    Practitioners who are well versed in the phases of the U.S. Patent and Trademark Office's First Action Interview pilot program — including enrollment, pre-interview considerations, and various outcomes following the interview — can fully leverage its advantages on behalf of clients, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.

  • An Update On The Blockchain Patent Landscape

    Nelson Rosario

    What is perhaps more interesting than the number of blockchain-related patent filings, or their subject matter, is the number of assignees for these patents, says Nelson Rosario of Marshall Gerstein & Borun LLP.