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Intellectual Property

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    Uber Lands High-Ranking DOJ Atty For Compliance Job

    Uber Technologies Inc. has hired a U.S. Department of Justice lawyer and former close adviser to Deputy Attorney General Rod Rosenstein as its chief compliance officer, bringing in a new executive as the ride-hailing service grapples with employment, privacy and trade secrets matters.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Levi's Wants Apparel Co.'s 'Trademark Bully' Case Tossed

    Levi Strauss & Co. is pushing to end a New York federal lawsuit that accuses the denim giant of being “one of the world’s biggest trademark ‘bullies’” in favor of its own California case, calling the New York case an example of “gamesmanship” and forum-shopping.

  • July 9, 2018

    WebSpectator Ex-Board Members Must Pay $30.6M Sanction

    A California federal court awarded internet analytics firm WebSpectator Corp. more than $30.6 million in damages on Monday in its suit accusing two former board members of causing the company’s value to plummet from $170 million to less than $300,000 when they stole domain information and locked the company out of its own business. 

  • July 9, 2018

    9th Circ. Won't Rehear 'Jumpman' Logo IP Case Against Nike

    The Ninth Circuit on Monday rejected a photographer's request for a full-bench rehearing of his lawsuit claiming Nike Inc. infringed his copyright by ripping off his iconic 1984 Life Magazine photo of Michael Jordan to create its "Jumpman" logo.

  • July 9, 2018

    Hulu Allowed To Open New Front In PTAB Data Patent Fight

    The Patent Trial and Appeal Board on Friday agreed to review Hulu’s challenge to a data management patent that is subject to prior challenges by the streaming service and others, despite arguments by the patent owner that this was a classic example of a serial petition.

  • July 9, 2018

    PTAB Upholds Surgical Device Patent In Acclarent Challenge

    A Texas surgeon scored a victory at the Patent Trial and Appeal Board on Monday, when the board upheld a patent on a surgical device that the doctor has accused Acclarent Inc. of infringing.

  • July 9, 2018

    Fed. Circ. Won't Rehear Nix Of $77M Trade Secrets Award

    The Federal Circuit on Monday amended several sentences in its May decision that vacated a $77 million verdict against Intersil Corp. in a trade secrets and patent case brought by Texas Advanced Optoelectronic Solutions Inc., but otherwise opted not to rehear the case.

  • July 9, 2018

    PTAB Will Review 2 Patents For Shire's ADHD Drug Mydayis

    The Patent Trial and Appeal Board agreed Friday to review the entirety of two Shire PLC patents covering its long-acting attention deficit hyperactivity disorder medication Mydayis, following a challenge from KVK-Tech Inc.

  • July 9, 2018

    Patent Holders Allege False Testimony In IP Suit

    A construction company embroiled in an infringement suit alleging it stole highway construction patents that were used in two Miami-Dade projects should be sanctioned for allegedly fabricating nine responses to support its defense that it used the technology first, according to a filing in Florida federal court on Friday.

  • July 9, 2018

    After TM Suit, Startup Wants Hard Rock Cafe To Repay Fees

    A startup that was sued by Hard Rock Cafe Inc. for trademark infringement is arguing that the hospitality giant should not be allowed to drop the case without repaying the smaller company’s legal bills.

  • July 9, 2018

    Biotech Co. Didn't Disclose Rejected Patent, Investors Say

    PolarityTE Inc. closed on a $104 million deal to buy a pending patent covering skin regeneration technology without telling investors that the U.S. Patent and Trademark Office had rejected the patent application, a potential class of shareholders have told a Utah federal court.

  • July 9, 2018

    NYU Professors Urge 9th Circ. To Uphold Amazon Tax Win

    Two law professors have urged the Ninth Circuit to uphold a U.S. Tax Court decision in favor of Amazon.com Inc. in a transfer pricing dispute with the Internal Revenue Service, saying the agency was relying on an incorrect reading of cost-sharing regulations.

  • July 9, 2018

    'The Art Of Fielding' Copyright Suit Strikes Out

    A Manhattan federal judge ruled Monday that the 2011 hit novel “The Art of Fielding” didn’t infringe the copyright to an unpublished baseball-focused book with similar plot points.

  • July 9, 2018

    Calif. Museum Trampling On Salvador Dali IP, Foundation Says

    A California museum is facing an intellectual property suit that accuses it of using Salvador Dali’s name and likeness to promote the museum and sell merchandise.

  • July 9, 2018

    Stan Lee Drops $1B Fraud Suit Against Media Co. He Built

    Famed comic book creator Stan Lee announced Monday that he has dropped his $1 billion California state court fraud suit against Pow Entertainment Inc., which had claimed the company he helped to create profited by stealing his identity, likeness, name and image.

  • July 9, 2018

    Ex-USPTO Deputy Commissioner Joins Maier & Maier

    Maier & Maier LLP has added a former U.S. Patent and Trademark Office deputy commissioner with nearly 50 years of experience in patent law, the firm announced.

  • July 9, 2018

    With Trump's Tariffs In Effect, China Expands WTO Fight

    The Chinese government has expanded its World Trade Organization challenge of President Donald Trump’s sweeping tariffs meant to counter Beijing’s intellectual property policies, alleging that the United States has violated global trade rules, according to a WTO document circulated Monday.

Expert Analysis

  • Alice-Proofing Your Patent Specifications

    Drew Schulte

    Tuesday marks four years since the U.S. Supreme Court shook the patent world with its Alice v. CLS Bank decision. Looking at post-Alice findings of subject matter eligibility, we have learned that specifications should be drafted to clearly describe the problem, solution and benefit of the claimed invention, says Drew Schulte of Haley Guiliano LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The SAS Case

    Gregory Castanias

    The three Jones Day partners who represented software developer SAS Institute give us a peek inside the five-year journey that took a seemingly ordinary Patent Trial and Appeal Board case to the U.S. Supreme Court this term, and changed the U.S. patent system.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Tips For Using Data Analytics In Patent Valuation

    David Grosby

    In scenarios where a patent has just issued, patent prosecution analytics can indicate the likelihood that the patent is valid, and generally inform the relative value of the patent compared to others in its technology space, say David Grosby and Adnan Obissi of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Streamlining Section 337: Some Big Changes At ITC

    Ann Fort

    Overall, the new amendments to the U.S. International Trade Commission rules governing Section 337 unfair trade practice investigations are seen as improvements. But some observers believe the increased options may slow proceedings, say attorneys with Eversheds Sutherland LLP.

  • A Growing Divide On Trademark License Rights In Bankruptcy

    Luke Barefoot

    The U.S. Supreme Court has been asked to clarify in the case of Tempnology the extent to which trademark license rights survive rejection in bankruptcy proceedings. In the meantime, licensees face continued uncertainty on their ability to use licensed trademarks following rejection, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Patent Venue Trends And Considerations Post-Cray

    Andrew Holmes

    For patent venue disputes, the Federal Circuit's 2017 Cray opinion marks a return to fact-intensive inquiries over whether a “regular and established place of business” exists in a district. Over the last six months, courts have been placing greater weight on certain facts over others, say Andrew Holmes and Zachary Flood of Quinn Emanuel Urquhart & Sullivan LLP.

  • From The 1st Billboards To '3 Billboards': A Legal Evolution

    Karina Saranovic

    During movie awards season this year, "Three Billboards Outside Ebbing, Missouri" highlighted the power of a communication medium that some believe has been unduly muzzled over time through regulation and legal challenges, says Karina Saranovic of Delman Vukmanovic LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.