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Intellectual Property

  • March 15, 2019

    Maxell Hits Apple With Patent Suit Over IPhone, IPad Tech

    Japanese tech giant Maxell on Friday slapped Apple with a suit claiming smartphone and tablet technologies used in its iOS devices — including the FaceTime and Find Your Friends features — infringe 10 of Maxell's patents.

  • March 15, 2019

    Food Packaging Co. Urges 8th Circ. To Unblur Antitrust Claims

    A food packaging company continues to urge the Eighth Circuit to revive its antitrust lawsuit against its larger rival, arguing that a district judge wrongly tossed claims that patents asserted against it were obtained fraudulently and asserting the court blurred the line between different antitrust claims.

  • March 15, 2019

    9th Circ. Undoes $4M Award In Zillow Photo Copyright Row

    A Washington federal court will reconsider a $4 million copyright infringement award against the Zillow Group after the Ninth Circuit said Friday the lower court hadn't determined whether a real estate photography company's allegedly infringed photos should be treated as individual works or as a compilation.

  • March 15, 2019

    Fall Out Boy Exploiting Llamas, Puppet Studio Says In IP Suit

    Two llama puppets have become “de facto members of the band” Fall Out Boy, appearing on stage, album covers and merchandise — well beyond their agreed-upon usage for a single music video, the puppet studio that made them said in a suit filed Friday in New York federal court.

  • March 15, 2019

    Justices Asked To Clarify Alice Test In Data Patent Suit

    InvestPic LLC has urged the U.S. Supreme Court to review a Federal Circuit decision that the company’s patent for a method for analyzing financial data was too abstract under the high court’s Alice decision, saying that the appellate court misapplied a test to determine patent eligibility by requiring that the invention have a “physical” improvement.

  • March 15, 2019

    Health Hires: Baker McKenzie, Alston & Bird

    Baker McKenzie has continued taking life sciences attorneys from Morgan Lewis & Bockius LLP, and Alston & Bird LLP has brought back a health care pro from the Centers for Medicare & Medicaid Services.

  • March 15, 2019

    Whirlpool Wins $5.8M Trademark Verdict Over Fridge Filters

    Whirlpool Corp. won a $5.8 million trademark infringement verdict against a company that used brand names to sell replacement filters for the company's refrigerators, the appliance giant announced Friday.

  • March 15, 2019

    Fed. Circ. Clarifies Alice In Reviving Supplement Co.'s IP Suit

    A split Federal Circuit on Friday revived a dietary supplement company’s patent suit against a rival after a lower court found the claims to be patent-ineligible, warning that courts must be careful not to “overly abstract” claims under the U.S. Supreme Court’s Alice test.

  • March 15, 2019

    NCAA Players Would Own Rights To Their Names Under Bill

    Lawmakers introduced a bill designed to give college athletes the rights to the use of their names and likenesses Thursday, a move that could deal a blow to the NCAA's control over how athletes are compensated.

  • March 15, 2019

    Morgan Stanley Workers Lured Clients, Finance Co. Says

    Three now-former employees at a Boston wealth management firm resigned last week to work at Morgan Stanley, and then began asking clients to transfer accounts to their new employer, according to a suit filed Thursday in the Business Litigation Session in Massachusetts' Suffolk County Superior Court.

  • March 15, 2019

    2nd Circ. Won't Punish Louis Vuitton After Failed TM Case

    The Second Circuit on Friday refused to order Louis Vuitton Malletier SA to pay nearly $1 million in legal bills for bringing an unsuccessful trademark lawsuit against a small company over parody handbags, affirming an earlier ruling that said the designer “needs to learn how to take a joke.”

  • March 15, 2019

    LegalForce Sues Freelance Network Over Fee Splitting

    LegalForce RAPC, a litigious California trademark firm that has filed a rash of actions against online competitors, served freelancer network UpWork Inc. with a complaint in a California state court Friday accusing it of unfair business practices and unethical fee splitting.

  • March 15, 2019

    9th Circ. Ends 'Love Me Again' Lyrics Copyright Suit

    Generic words and short phrases like the line "I need to know now," which songwriter Alisa Apps claims Universal Music and British singer John Newman appropriated from her work for their song "Love Me Again," are not copyrightable, a Ninth Circuit panel has ruled.

  • March 15, 2019

    Celeb Chef Sues Again Over 'Chloe' Trademarks

    Celebrity chef Chloe Coscarelli is again suing her former "By Chloe" partners over the trademark rights to her own name, this time over threats to sue her for a vegan pop-up called "Supernatural."

  • March 15, 2019

    McGraw-Hill Can't DQ Photog's Counsel In NY Licensing Fight

    McGraw-Hill Global Education Holdings LLC can't disqualify the attorneys representing a photographer who claims the textbook giant violated a licensing agreement for his photos, a New York federal judge has ruled, even though the same attorneys were disqualified from another photo dispute in Pennsylvania.

  • March 15, 2019

    Qualcomm Wins $31M From Apple In Smartphone Patent Trial

    A California federal jury on Friday found that Apple owes Qualcomm roughly $31 million for infringing several patents relating to smartphone processors following a hotly contested trial that's part of the sprawling legal battle between the two tech giants over smartphone technology.

  • March 14, 2019

    Apple Didn't Break Qualcomm 'No-Snitch' Deal, Judge Says

    A California federal judge said Apple didn't breach an agreement not to snitch on Qualcomm when it cooperated with investigations into the chipmaker’s licensing practices, declining to release Qualcomm from making payments under the agreement in an order unsealed Thursday.

  • March 14, 2019

    Taiwanese Co. Hid Trade Secrets Theft, Investors Say

    An investor on Thursday slapped Taiwanese semiconductor manufacturer United Microelectronics Corp. with a proposed securities class action that claims the company and its top brass stole trade secrets from an American competitor and then lied about it, causing stock prices to fall and costing investors “significant losses and damages.”

  • March 14, 2019

    Fed. Circ. Wants Redo For IP Suit Over Allergan Antipsychotic

    The Federal Circuit on Thursday told a Delaware federal judge to reconsider her decision that a patent covering Allergan’s antipsychotic medication Saphris is valid and that a pair of generic-drug makers didn’t infringe that patent.

  • March 14, 2019

    Fed. Circ. Wary Of Ruling On AIA Patent Challenge Meaning

    A Federal Circuit panel Thursday seemed reluctant to rule on a novel argument by a Johnson & Johnson unit, which claims the America Invents Act bars patent challengers who convince the U.S. Patent Office's administrative court to invalidate a patent from repeating those successful arguments in parallel litigation before a federal district court.

Expert Analysis

  • Opinion

    Hikma V. Vanda Exaggerates Treatments' Patent Eligibility

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    Hikma's recent certiorari petition claims the Federal Circuit’s decision in Vanda v. West-Ward amounts to a free pass under Section 101 for method-of-treatment claims. But Vanda is a fact-specific ruling that attempts to find some middle ground in the U.S. Supreme Court’s Section 101 precedents, say Sasha Rao and Erin Gaddes of Maynard Cooper & Gale PC.

  • The Future Of The USMCA: 3 Possible Scenarios

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    The Trump administration would like Congress to pass the U.S.-Mexico-Canada Agreement by June, but progress has been slow. The deal's fate will depend on cooperation from Democrats, support from Republicans and the strategy pursued by the president, says Robert Kyle of Hogan Lovells.

  • Fed. Circ. Abandons Jurisdiction Rule For IP Demand Letters

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    For decades, patentees could create declaratory judgment jurisdiction by sending cease-and-desist letters, but they did not create personal jurisdiction in the forum where the accused infringer resided. That has changed with the Federal Circuit’s recent decision in Jack Henry v. Plano, say Karen Boyd and Joshua Rayes of Turner Boyd LLP.

  • Ethical Social Media Marketing For Lawyers

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    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.

  • Q&A

    A Chat With Norton Rose Diversity Director Nina Godiwalla

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Nina Godiwalla, director of diversity and inclusion at Norton Rose Fulbright.

  • EU Fintech Regulation Raises US Copyright Questions

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    The EU's revised Payment Services Directive is driving the creation of application programming interfaces that allow fintech companies to securely access and use customer banking data. The same APIs are almost certain to be used in the United States, bringing implications for copyright protection, say attorneys with Morgan Lewis & Bockius LLP.

  • 5 Mistakes Law Firms Make When Responding To RFPs

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    More and more corporations are now using requests for proposals to make data-driven decisions about which law firms to work with, so it is more important than ever for law firms to avoid common RFP mistakes, says Matthew Prinn of RFP Advisory Group.

  • Apple Case Highlights Due Process Questions At PTAB

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    In Apple v. Voip-Pal.com, the Patent Trial and Appeal Board recently determined that the petitioner had not demonstrated it was entitled to due process in the context of an inter partes review. But due process rights are a basic tenet of the American legal system, says Lora Green of Wilson Sonsini Goodrich & Rosati PC.

  • Keys To Successful AI Patents In The US And Europe

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    Unsurprisingly, the World Intellectual Property Organization recently reported that patent filings for artificial intelligence inventions are increasing rapidly. Stakeholders should be mindful of maintaining quality during this filing surge, says Drew Schulte of Haley Guiliano LLP.

  • 9 Data Considerations For Investment Management Attorneys

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    Today, data powers investment management domains like algorithmic-based trading strategies and compliance and risk software. For industry lawyers and compliance officers this is both nothing new and an accelerating source of questions, says Nathan Greene of Shearman & Sterling LLP.