Intellectual Property

  • February 27, 2017

    Dru Hill’s Royalties Suit Against EMI, Sony Falls Flat

    Members of the popular '90s hip hop group Dru Hill couldn’t convince a New York federal judge to advance their suit against music publishers Sony and EMI over allegedly unpaid royalties based on an inability to plausibly allege an enforceable contract, according to a recent decision.

  • February 27, 2017

    The Kitchen Turns Up Heat On Wolfgang Puck In TM Dispute

    Celebrity chef Wolfgang Puck’s restaurant chain on Friday sued another food company, The Kitchen Cafe LLC, in Illinois federal court in a trademark and unfair competition dispute over the use of the term “The Kitchen” in the businesses’ names.

  • February 27, 2017

    Fed. Circ. Won't Reinstate $2.3M Newegg Patent Verdict

    The Federal Circuit on Monday affirmed Eastern District of Texas Judge Rodney Gilstrap’s decision throwing out a $2.3 million encryption patent infringement verdict against online retailer Newegg Inc., capping a long-running case that included a lengthy wait for post-trial rulings.

  • February 27, 2017

    Akin Gump, 2 Other Firms Face DQ Bid In Ameranth IP Row

    Akin Gump Strauss Hauer & Feld LLP, Alston & Bird LLP and Norton Rose Fulbright LLP should all be barred from serving as counsel in a consolidated suit over patents covering online-ordering technology, said Ameranth Inc. on Friday in California federal court, renewing disqualificaton bids put on hold by a three-year case stay.

  • February 27, 2017

    Fed. Circ. Affirms That Alice Kills Patents In Sallie Mae Case

    The Federal Circuit on Monday upheld a lower court’s ruling that four Parus Holdings Inc. communication patents were invalid under the U.S. Supreme Court’s Alice test, preserving a win for Sallie Mae Bank and other financial institutions that had been accused of infringement.

  • February 27, 2017

    'Preposterously Late' Filing Blocked In AI Trade Secrets Row

    A California federal judge refereeing a combative trade secrets suit struck a “preposterously late” motion Monday from a New York attorney representing artificial intelligence startup Loop AI, reprimanding the attorney for "pervasive" unprofessional conduct.

  • February 27, 2017

    PTAB Rejects Two Google CBM Challenges To Ad Patents

    The Patent Trial and Appeal Board on Monday declined to institute America Invents Act covered business method review of two advertising patents challenged by Google Inc., finding neither qualified for the review program under the Federal Circuit’s recent Unwired Planet decision.

  • February 27, 2017

    Apple Can Register 'IBooks Store' As Trademark, TTAB Says

    The Trademark Trial and Appeal Board has ruled that Apple Inc. can register “iBooks Store” as a trademark, saying that the distinctiveness of the tech giant’s previous “iBooks” registrations could be transferred to the newer mark.

  • February 27, 2017

    Imation Must Pay $11M In Flash Drive Patent Suit

    A Delaware federal jury has found that Imation Corp. infringed a patent covering flash drive technology held by Ioengine LLC, awarding the patent holder $11 million after finding that the infringement wasn’t willful.

  • February 27, 2017

    Judge Nixes Toyo's $29M Sanctions Bid In IP Suit, For Now

    Until a related case is resolved first, Toyo Tire & Rubber Co. Ltd. can’t seek $29 million in contempt sanctions against units of a Chinese state-owned tire company in a dispute over trade dress on certain off-road tires, a California judge said Monday.

  • February 27, 2017

    Sports Publication Sues MGM Over Use Of Its Logo In Film

    A Kentucky sports publication sued MGM Studios and several other production companies and movie distributors in federal court on Friday accusing them of damaging the publication’s image by using its logo in a movie depicting the life of Bill “Spaceman” Lee, a former Major League Baseball pitcher notorious for his antics on and off the field.

  • February 27, 2017

    Delta Lands Attys' Fees For Failed DQ Bid In Patent Suit

    A California federal judge on Friday awarded Delta Air Lines Inc. $25,000 in attorneys’ fees after it brought an ultimately unsuccessful disqualification bid in a lawsuit accusing the company of allegedly infringing a ticket scanner patent, saying the reimbursement is sufficient to admonish opposing counsel for “inappropriate” contact with a Delta contractor.

  • February 27, 2017

    Supreme Court Won't Hear 'Flanax' Foreign Trademark Case

    The U.S. Supreme Court said Monday it would not review a ruling that German drugmaker Bayer AG could file an American trademark lawsuit over a foreign brand name that it had never used in the U.S. market.

  • February 24, 2017

    IP Owners Group Backs Lexmark In Patent Exhaustion Row

    The Intellectual Property Owners Association backed printer cartridge maker Lexmark International Inc. before the U.S. Supreme Court on Wednesday, arguing in an amicus brief that it should uphold the Federal Circuit’s en banc decision that overseas sales of a product don't exhaust a patent owner's right to sue in the U.S.

  • February 24, 2017

    US Weighs In On High Court Biosimilars Battle

    The federal government said the Federal Circuit got it wrong when it concluded that biosimilar makers can’t give a 180-day notice of sales to rivals until a product is approved, telling the U.S. Supreme Court the ruling inserted a limit that didn’t exist in the law.

  • February 24, 2017

    After Rare Mandamus Order, Google Patent Case Leaves Texas

    A Texas federal judge on Friday transferred a patent case against Google Inc. to California court after the Federal Circuit granted a rare writ of mandamus a day earlier, finding in a split decision that the initial ruling had unfairly weighted the transfer factors against the technology giant.

  • February 24, 2017

    ESports Still Struggling With Top-Heavy Power Structure

    The eSports competitive video game playing industry is at a crossroads as its top-heavy power structure leaves game publishers with all the power and teams with little influence, setting up a dynamic at the center of the industry's most pressing legal issues from the rights of players to the distribution of revenue.

  • February 24, 2017

    Disney Hit With Another MagicBand Patent Infringement Suit

    Walt Disney Parks and Resorts was hit on Friday with a second patent infringement suit in Texas federal court that accuses the entertainment company of ripping off patented technology for use in its MagicBand products, which monitor park visitors’ attendance and purchase history.

  • February 24, 2017

    Schlumberger Unit Tells Jurors Trade Secrets Were Taken

    An attorney for Schlumberger Ltd. subsidiary M-I LLC, which operates as M-I SWACO, told jurors during closing arguments Friday that had the company's former employee left to work for its competitor in “the right way,” a lawsuit over its trade secrets that has dragged on for nearly three years wouldn't have been necessary.

  • February 24, 2017

    Ex-Lemon Execs Say Calif. Case Should Halt LifeLock IP Suit

    Former executives of Lemon LLC told a Delaware Chancery judge Friday that a suit over intellectual property brought by LifeLock Inc. should be tossed because the same issues have been raised in a California action that has been stayed in that venue, arguing that Delaware precedent prevents overlapping litigation.

Expert Analysis

  • Why FTC V. Qualcomm Follow-On Suits Are Worth Watching

    Jason A. Levine

    Even if Qualcomm settles with the Federal Trade Commission or the FTC votes to withdraw the complaint based on the views of new commissioners, Qualcomm still faces the prospect of massive liability to consumers claiming injury. The antitrust and securities class actions that have been filed starkly illustrate the risk that government enforcement action creates for companies, say attorneys with Vinson & Elkins LLP.

  • High Court's Patent Guidance On Exporting Component Parts

    Clifford Ragsdale Lamar II

    While the U.S. Supreme Court's decision last week in Life Technologies v. Promega continues the general trend of narrowing the extraterritorial reach of U.S. patents, the ruling is different than most recent opinions involving patents. Here, the Supreme Court has embraced a bright-line patent law rule, says Clifford Ragsdale Lamar of Butler Snow LLP.

  • 3 Strategies Used By Chinese Trademark Squatters

    Keelin Hargadon

    The best way to avoid Chinese trademark squatting scenarios is to prevent them by filing early, using standard, broad descriptions of goods and services, and filing in as many subclasses or groups as possible, says Keelin Hargadon of Osha Liang LLP.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • To CDO Or Not To CDO: Commissioners At ITC Are Split

    Benjamin Levi

    Under current U.S. International Trade Commission precedent, a complainant is generally required to show the presence of commercially significant levels of domestic inventory to obtain a cease-and-desist order. However, recent ITC decisions have revealed differing commissioner viewpoints regarding whether, and the circumstances under which, a CDO should issue, says Benjamin Levi of McKool Smith PC.

  • A Proposed Rule For En Banc PTAB Review

    Bob Steinberg

    The nonreviewability of Patent Trial and Appeal Board institution decisions creates problems for the PTAB, the parties and the public. An en banc review procedure would go a long way toward solving those problems, say attorneys with Latham & Watkins LLP.

  • Challenging Emoluments Clause Violations As A Conspiracy

    Randall Eliason

    I’m not confident that trying to hold the Trump Organization liable for President Donald Trump’s own constitutional violations will work. But there might be other legal theories under which a state attorney general could argue that Trump-owned companies act unlawfully when they receive emoluments. Consider a core white collar criminal statute — conspiracy to defraud the U.S., says Randall Eliason, a former federal prosecutor.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • A Proposal For Fed. Circ. On Use Of Rule 36

    Stefan Szpajda

    Rule 36 plays an important role in allowing the Federal Circuit to manage its docket, but it has costly downstream effects, giving nonpracticing entities and other serial plaintiffs multiple bites at the apple. Two alternatives to Rule 36 would better serve the interests of judicial economy, say Stefan Szpajda and Charlene Morrow of Fenwick & West LLP.