We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Intellectual Property

  • September 12, 2018

    Lathrop Gage Grows LA Office With Ex-Glaser Weil IP Attys

    Lathrop Gage LLP is continuing its Los Angeles hiring spree, adding two partners from Glaser Weil LLP to its intellectual property litigation practice, the firm announced Wednesday.

  • September 12, 2018

    MyMail Computer Toolbar Patent Survives PTAB Challenge

    MyMail Ltd. beat a challenge to a patent related to computer toolbars at the Patent Trial and Appeal Board on Tuesday, a win that comes as MyMail seeks to overturn a court ruling that the patent is invalid under the U.S. Supreme Court’s Alice test.

  • September 12, 2018

    UpCounsel Faked Attorney Ratings, Updated Suit Claims

    An intellectual property firm has beefed up its claims against an online marketplace for attorney services, saying that the site’s referral fees are an illegal fee sharing arrangement, but also that the site misleads consumers with thousands of fake five-star reviews and other gimmicks designed to funnel business to attorneys using the site.

  • September 12, 2018

    ITC To Probe Whether Indian Cars Copy Fiat's Jeep Design

    The U.S. International Trade Commission said Tuesday that it launched an investigation into whether India-based Mahindra's imported cars rip off the design of Jeep-brand vehicles, disregarding claims from Mahindra that Fiat Chrysler Automobiles breached a contract by asserting the trademark claims before the agency.

  • September 12, 2018

    TVEyes Takes Fox News Copyright Fight To Supreme Court

    A company called TVEyes asked the U.S. Supreme Court on Wednesday to overturn a ruling that the media-monitoring service violated the law by offering a search engine of television clips, warning that it would allow networks like Fox News to “wield copyright law as a shield” against criticism.

  • September 12, 2018

    EU Greenlights Controversial Copyright Law Changes

    The European Parliament on Wednesday approved a controversial set of changes to the European Union's copyright laws that would alter how technology companies like Google police digital content.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    TickBox To Pay Universal, Amazon $25M To End IP Theft Row

    Streaming device company TickBox LLC agreed Tuesday to pay $25 million to end a California federal court suit from Universal, Amazon and other content-creating giants who claim the company is encouraging customers to infringe their copyrighted material "with a wink and a nod."

  • September 11, 2018

    Ukulele Maker Frets Over Chinese Rival's Knockoffs

    A West Coast ukulele manufacturer sued a Chinese competitor for alleged trademark infringement in California federal court Monday, arguing the rival ripped off the American company's brand name for one-of-a-kind instruments with “thunderous punch.”

  • September 11, 2018

    Inventor Group Asks Justices To Mull AIA Reviews As Takings

    An inventor group and two allies urged the U.S. Supreme Court on Monday to review a case in which an audio device maker asked the high court to consider whether patent claims canceled in America Invents Act reviews are regulatory takings by the government, such that patent owners are owed compensation on constitutional grounds.

  • September 11, 2018

    Fed. Circ. Upholds Ax Of Online Security IP In USAA Case

    The Federal Circuit on Tuesday affirmed a Virginia federal court’s determination that all the claims of a patent for an online security method asserted against the United Services Automobile Association are invalid because they are abstract.

  • September 11, 2018

    Judge Ends Bayer Battle Over 'Flanax' Trademark

    A Virginia federal judge has dismissed a long-running trademark battle between Bayer AG and an American company over the Mexican brand name for Aleve, 18 months after the U.S. Supreme Court refused to hear the closely watched case.

  • September 11, 2018

    Coachella's Trademark Fight With Filmchella Must Go To Jury

    A California federal judge on Monday refused to give Coachella Music Festival LLC a partial win on its claims that a new three-day movie festival called Filmchella infringes its trademarks, finding that a jury must decide if the two festivals are similar enough to be confused.

  • September 11, 2018

    PTAB Guts Subway TV System Patent In Kawasaki Challenge

    The Patent Trial and Appeal Board delivered a win to Kawasaki Rail Car Inc. on Monday, invalidating much of what remained in a patent the company has been accused of infringing with rail cars made for New York City subway and New Jersey transit systems.

  • September 11, 2018

    Auto Sales Website Says Rival Copied Its Smiling Car Logo

    Edmunds.com Inc., a company that helps prospective buyers find cars, has slapped rival auto sales website CarSaver Inc. with a trademark suit in a Texas federal court, saying it stole its logo and slogan after partnering with Walmart Inc.

  • September 11, 2018

    Shareholders Can File Bias Suits, Ex-Myers Bigel Atty Says

    An intellectual property lawyer who has accused her former firm, Myers Bigel PA, of gender and race discrimination urged a North Carolina federal judge Monday not to toss her suit, saying she can bring claims under Title VII even though she was a shareholder and not an “employee” of the firm.

  • September 11, 2018

    RPX Asks Full Fed. Circ. To Rehear Hidden Parties Ruling

    Defensive patent group RPX Corp. is asking the full Federal Circuit to reconsider a ruling that instructed the Patent Trial and Appeal Board to use a broader test when looking for unnamed beneficiaries in patent reviews, warning the ruling has “massive implications.”

  • September 11, 2018

    ResMed Rival Returns Fire In Sleep Aid Patent Battle At ITC

    Fisher & Paykel Healthcare Ltd. announced Tuesday that it has filed a patent infringement complaint with the U.S. International Trade Commission against rival ResMed Inc., the latest salvo in the pair’s ongoing legal battle over breathing mask technologies related to a sleep apnea therapy.

  • September 11, 2018

    USPS Tells High Court Gov't Is A 'Person' In CBM Reviews

    The government has urged the U.S. Supreme Court not to reconsider a Federal Circuit ruling allowing the U.S. Postal Service to challenge a patent in the America Invents Act covered business method review program, arguing that a federal agency is a “person” with standing to challenge the validity of a patent.

  • September 11, 2018

    2nd Circ. Reloads NFL Photographer Lawsuit

    The Second Circuit on Tuesday revived a sweeping lawsuit that claims the National Football League and The Associated Press used thousands of copyrighted game images without compensating the photographer who took them.

Expert Analysis

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Using Ex Parte Seizures Abroad To Obtain IP Evidence

    Nicholas J. Boyle

    Practitioners should know how to use foreign search and seizure law to secure evidence of wrongdoing that can be introduced in U.S. intellectual property lawsuits. A recent copyright case, CoStar Group v. Xceligent, illustrates the benefits of invoking these ex parte provisions, say Nicholas J. Boyle and C. Bryan Wilson of Williams & Connolly LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Japan's Balanced Approach To SEP Licensing

    David Kappos

    The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Expectations For Venue-Related Discovery Post-TC Heartland

    Silvia Jordan

    Following the U.S. Supreme Court's TC Heartland decision last year, district courts typically permit venue-related discovery when plaintiffs provide prima facie evidence at the outset that the discovery sought could establish proper venue, says Silvia Jordan of Fisch Sigler LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Busting 3 Myths About The Patent Trial And Appeal Board

    Brian Berliner

    In the wake of recent U.S. Supreme Court challenges, there have been calls for the America Invents Act process to be repealed or overhauled. However, a review of Patent Trial and Appeal Board data shows that AIA proceedings have been sufficiently fair to patent owners, say attorneys with O'Melveny & Myers LLP.