Intellectual Property

  • May 20, 2022

    Travel Reward App Can't Escape American Airlines' TM Suit

    A Texas federal judge refused to toss American Airlines' trademark infringement suit accusing The Points Guy of tricking the airline's loyalty members into sharing login information for its reward tracking app, ruling on Friday that he has personal jurisdiction over the app based on its conduct and contacts in the state. 

  • May 20, 2022

    9th Circ. Says Delta-8 Vapes Are Federally Lawful In TM Case

    The Ninth Circuit has held that the 2018 federal Farm Bill that legalized hemp nationwide also legalized some products containing Delta-8 THC, a psychoactive chemical compound derived from hemp.

  • May 20, 2022

    Ex-Claims Court Chief Chides Warren's Drug Pricing Plan

    Sen. Elizabeth Warren's suggestion for how to lower prescription drug costs by using branded companies' patents without permission doesn't hold up to legal scrutiny, according to former U.S. Court of Federal Claims Chief Judge Susan G. Braden.

  • May 20, 2022

    Gilstrap Won't Rearrange Patent Trials To Let Google Go First

    Eastern District of Texas Judge Rodney Gilstrap refused Friday to consolidate in a single trial cases against Google, Waze and Samsung over location sharing patents, or to hold the Google trial first, meaning a trial against the other two defendants starts next month.

  • May 20, 2022

    Brand Battles: Starbucks Goes After 'Starbarks' Pet TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks is trying to block a trademark application for "Starbarks," its latest effort to curb pet-related brands from using its name — and four other cases you need to know about.

  • May 20, 2022

    Gilead Loses Patent Case Over Lexiscan Generic

    Gilead lost its bid to shield its Lexiscan brand of cardiac stress agent from generic competition by Pfizer when the top federal judge in Delaware ruled the new drug wouldn't actually infringe any of Gilead's patents.

  • May 20, 2022

    Walmart Gets E-Commerce Trade Secrets Suit Sent To Ark.

    A Texas appellate court has ruled that a forum selection clause in Walmart Inc.'s contract with software developer Fintiv Inc. to create a mobile e-commerce platform means the trade secrets lawsuit belongs in Arkansas courts, not in the Lone Star State.

  • May 20, 2022

    FTC Chair Concerned ITC Being Misused In FRAND Cases

    Federal Trade Commission Chair Lina Khan has told the U.S. International Trade Commission that she's "increasingly concerned" that holders of standard-essential patents are sometimes using the ITC to gain licensing leverage.

  • May 20, 2022

    Pandora's Anti-SLAPP IP Defense Faces Skeptical 9th Circ.

    Two judges sitting on a Ninth Circuit panel appeared skeptical Friday of Pandora's argument that it is shielded under California's anti-SLAPP statute from copyright claims by the rock band the Turtles, with one saying that accepting Pandora's argument could create a "wide swath" of protected conduct under the statute.

  • May 20, 2022

    Fed. Circ. Upholds Inventor's $7M Win Against Microsoft

    A New York federal court rightly found that Microsoft owes an inventor $7 million for infringing his database patent, but the judge erred by not also granting him prejudgment interest, the Federal Circuit held Friday.

  • May 20, 2022

    Fed. Circ. Makes Gilstrap Hear USAA Mobile Check Patent Suit

    The Federal Circuit on Friday revived software company Mitek's suit seeking a ruling that it and its bank customers do not infringe the USAA mobile check deposit patents at issue in multiple nine-figure verdicts, saying Judge Rodney Gilstrap of the Eastern District of Texas dismissed the case too quickly.

  • May 20, 2022

    Career DOJ Atty Joins Compliance Co. In Boston

    A veteran U.S. Department of Justice prosecutor has departed to join a Boston-based compliance firm, telling Law360 in an interview Friday that he'll use his two decades of government enforcement chops to help companies get ahead of potential violations.

  • May 20, 2022

    PTAB Cites Fintiv To Deny 2 Networking Patent Challenges

    The Patent Trial and Appeal Board used its discretion under the Fintiv precedent to shoot down two challenges to patents owned by WSOU Investments LLC, citing the advanced stage of the patent licensing company's 2021 infringement suits against challenger F5 Networks Inc.

  • May 20, 2022

    IP Hires: Womble Bond, Perilla Knox, Linklaters

    Womble Bond Dickinson has bolstered its patent law practice with the addition of intellectual property attorneys from Kacvinsky Daisak Bluni and Polsinelli, and a former Norton Rose Fulbright attorney has joined Linklaters' intellectual property and technology team. Here are the details on these and other notable hires.

  • May 20, 2022

    Health Hires: Pharvaris, VistaGen, Dykema

    Life sciences-focused companies Pharvaris and VistaGen Therapeutics Inc. have named new heads of their legal departments, while Dykema Gossett PLLC has snapped up the former head compliance attorney at cancer diagnostics company Exact Sciences Corp., highlighting Law360's latest roundup of personnel moves in health care and life sciences.

  • May 20, 2022

    Ex-MLBer Says Spring Training Makes Fla. Ideal For Bat IP Suit

    A Major League Baseball bat-making business run by ex-New York Mets player Yoenis Céspedes says a trademark infringement lawsuit against the company's former owner should proceed in Florida federal court, arguing the "copycat" bats have been promoted to players in the state during spring training.

  • May 20, 2022

    Ex-Morgan Lewis IP Co-Lead Moves To DLA Piper

    DLA Piper has added the co-leader of Morgan Lewis & Bockius LLP's trademark and copyright litigation practice to its own trademark copyright and media group.

  • May 20, 2022

    2021 Patent Litigation: A Year In Review

    Western District of Texas Judge Alan Albright solidified his position as the most popular judge for patent disputes in 2021, raking in 23% of all new cases. Nationwide, the number of new cases has held steady for the last three years, proving that the coronavirus pandemic has had a minimal impact on patent litigation.

  • May 20, 2022

    ADI Lied About Breaking Export Law, Engineer On Trial Says

    A former Analog Devices Inc. engineer on trial for trade secrets theft says the semiconductor company engaged in the same alleged misconduct and then lied about it through its Quinn Emmanuel lawyer who was formerly acting U.S. attorney in Boston, an accusation the lawyer rejected Friday as "complete nonsense."

  • May 20, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen footwear giant Sketchers step into an IP dispute with a British discount store, a cryptocurrency ATM operator go after its former director, and a coalition of major English soccer clubs sue insurers over COVID-19 disruption. Here, Law360 looks at these and other new claims in the U.K.

  • May 19, 2022

    Microsoft Makes Cloud Changes Amid European Complaints

    Microsoft Corp. is changing its licensing practices to make it easier for cloud providers in Europe to host the technology giant's software after companies complained to enforcers that the terms were hindering their ability to compete.

  • May 19, 2022

    IP Forecast: Crocs Takes Look-Alike Shoe Fight To ITC

    Crocs Inc. will argue before the U.S. International Trade Commission next week that retailers are copying the design of its iconic shoes and that imports of alleged knockoffs sold by companies like Walmart and Hobby Lobby need to be blocked. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.  

  • May 19, 2022

    DOJ Says It Won't Punish 'Good Faith' Cyber Flaw Research

    The U.S. Department of Justice on Thursday directed prosecutors to not charge researchers who report cybersecurity flaws in "good faith" with breaching the Computer Fraud and Abuse Act, a year after a key U.S. Supreme Court ruling curbed the statute's scope.

  • May 19, 2022

    Fed. Circ. Upholds PTAB Ax Of J&J Unit's Surgical Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision that invalidated several claims in a medical tool patent held by a Johnson & Johnson subsidiary, ruling that patents can be rendered obvious by prior art in a different field.

  • May 19, 2022

    PTAB Declines Google IPR Of Captcha IP, Denies Bias Claim

    The Patent Trial and Appeal Board has denied a bid by Google to invalidate a patent on Captcha security technology after determining the tech giant failed to show its invalidity challenge would likely succeed, while also rejecting allegations from the patent owner that it could not fairly review the patent.

Expert Analysis

  • Address Pros And Cons In Building Fintech Patent Portfolios

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    Christopher Johns and Michael Young at Finnegan discuss how counsel at fintech companies can maximize the opportunities offered by patent harvesting programs for businesses amid explosive growth, and explain the obstacles they may face.

  • New Ariz. Cyberattack Info Sharing May Be Worth The Burden

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    A recent amendment to Arizona’s data breach notification law, and similar state and federal cyber incident reporting rules, significantly burden companies that are attacked, but increased information sharing could help prevent and mitigate the damage from future data security incidents, say Christine Czuprynski and Kate Jarrett at McDonald Hopkins.

  • Export Compliance Tips For Patenting Dual-Use Tech

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    The war in Ukraine has highlighted the increasingly subtle differences between commercial and military technologies, and should remind patent practitioners working on dual-use technologies to consider export control laws and focus on civilian end use, say Grant Ehrlich and Maggie Russell at Cantor Colburn.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • The State Of Intradistrict Venue Transfer In West Texas

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    Parties litigating in the Waco Division of the Texas federal courts — home of the judge with the most patent cases in the country — have the option of requesting transfer for convenience to other divisions in the Western District of Texas and should be aware of how that process has evolved in the past several years, says Clarence Rowland at O’Melveny.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • From Baseball To Blockchain: The Right Of Publicity In NFTs

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    Much like baseball trading cards, nonfungible tokens derive value from the right of publicity that creates a collectible product, and these rights may provide a valuable alternative to copyrights in addressing the problem of counterfeit NFTs, says Daniel Lifschitz at Johnson & Johnson.

  • Finding Uninjured Consumers In Drug Antitrust Class Actions

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    In recent pharmaceutical antitrust class actions with highly aggregated economic models reliant on the use of averages, the presence of uninjured class members can be hard to discern, but careful analysis can identify them — and can ultimately lead to decertification of the class, say George Korenko and Tram Nguyen at Edgeworth Economics.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Writing NFT Trademark Applications That Protect Brands

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    As nonfungible tokens soar in popularity and courts grapple with whether and how to protect these brands, the U.S. Patent and Trademark Office is beginning to establish helpful precedent on trademark applications associated with NFTs, clarifying best trademark-filing practices, say Thomas Brooke and Rodrigo Javier Velasco at Holland & Knight.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How Russia's Parallel Import Order May Affect Companies' IP

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    The Russian government's new decree legalizing parallel imports of certain goods will likely make it difficult for international manufacturers to protect their intellectual property rights in Russia, though some potential avenues of negotiation remain, say attorneys at Morgan Lewis.

  • Alternatives For Metaverse Platform IP Enforcement Protocols

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    As brands that hope to profit from the metaverse face the challenge of protecting their intellectual property, platforms may benefit from putting in place nonjudicial protocols to streamline dispute resolution for patent infringement claims, says Benjamin Stasa at Brooks Kushman.

  • Why Cos. Are Betting On Cannabis Drinks Despite Legal Risks

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    Beverage and cannabis companies are investing in THC- and CBD-infused drinks as these products become increasingly popular for their health and social benefits, but drink makers must navigate a gantlet of federal and state regulations dictating everything from proper storage to serving size, says Seth Goldberg at Duane Morris.

  • A Look At Fed. Circ. Composition As 40th Birthday Nears

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    As the Federal Circuit turns 40 years old, the ongoing shift toward a more patent-specialized judiciary is likely to affect both upcoming decisions and the expanding field of patent law, say James Lovsin and Ashley Hatzenbihler at McDonnell Boehnen.

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