Intellectual Property

  • May 22, 2018

    Orrick Nabs Weil Partner To Co-Lead IP Practice

    Orrick Herrington & Sutcliffe LLP has hired the former co-chair of Weil Gotshal & Manges LLP’s patent litigation practice to co-lead Orrick’s global intellectual property practice, after he's represented major technology companies like Oracle Corp., eBay Inc. and Micron Technology in high-profile patent disputes, Orrick said Tuesday.

  • May 22, 2018

    Seyfarth Adds Former Arnold & Porter Patent Atty In NY

    Seyfarth Shaw LLP announced Monday it had snagged veteran patent litigator and former Arnold & Porter partner Scott Lindvall to head up the firm’s new intellectual property trial practice in New York, continuing the firm’s efforts to build up its IP practice.

  • May 22, 2018

    Wi-Fi One Seeks 2nd Fed. Circ. Rehearing In Patent Dispute

    After winning a ruling that opened the door for more appeals of Patent Trial and Appeal Board decisions, Wi-Fi One LLC asked Monday for another chance in front of the full Federal Circuit, as it tries to salvage its messaging patents.

  • May 22, 2018

    Chick-Fil-A, ESPN Want Out Of TV Commercial Copyright Suit

    Chick-fil-A Inc. and ESPN Inc. on Tuesday asked a Texas federal court to toss a copyright infringement suit alleging they stole music from a little-known Dallas rock band to fill out two commercials, saying Platinum Jack Entertainment Inc. hasn’t provided a shred of evidence to back up its claims.

  • May 22, 2018

    Allstate Takes Kia Trademark Battle To 9th Circ.

    Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.”

  • May 22, 2018

    MoMa TM Not Famous Enough For Infringement, Cafe Claims

    Matcha Japanese tea powder aficionados operating Manhattan’s MoMaCha cafe urged a New York federal judge to toss the Museum of Modern Art’s claim alleging the cafe dilutes its trademarks, saying MoMa’s infringement suit fails to demonstrate its nickname, word marks and logo are truly famous.

  • May 22, 2018

    5th Circ. Sides With Viacom Over 'SpongeBob' Eatery

    The Fifth Circuit on Tuesday ruled that a proposed "Krusty Krab" restaurant — the same name as a fictional burger joint in the Nickelodeon cartoon "SpongeBob Squarepants" — would violate Viacom's trademark rights.

  • May 22, 2018

    New Era Hit With TM Suit Over 'Fear Of God' Cap Line

    New Era Cap Co. Inc. was hit with a trademark suit on Tuesday in federal court by a Massachusetts religious apparel company started by a college student who says the baseball hat maker, which provides caps for Major League Baseball and recently released its Fear of God cap line, is illegally blocking her trademark petition.

  • May 22, 2018

    EMI Escapes Frankie Valli's Song Rights Suit In California

    A California federal judge on Tuesday tossed Four Seasons crooner Frankie Valli’s suit accusing EMI Music Publishing Ltd. of holding the rights to his music “hostage,” finding that the London-based music publisher had not intentionally entered into a contractual relationship tying it to the Golden State.

  • May 22, 2018

    Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

    One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

  • May 22, 2018

    Dr. Seuss Parody Creator Beats TM Claims In Larger Suit

    The creators of a parody mashup book combining Star Trek and Dr. Seuss won a ruling Monday dismissing trademark accusations over the title of the story, which a California federal judge said was protected by the First Amendment.

  • May 22, 2018

    Texas Gas Station Buc-ee's Wins TM Battle Over Beaver Logo

    The popular Texas-based convenience store chain Buc-ee's Ltd. won a court battle Tuesday when a federal jury in Houston agreed that a competitor's cartoon alligator logo was too similar to its cartoon beaver logo, siding with Buc-ee's on claims including trademark infringement.

  • May 22, 2018

    Microsoft Challenge To Auto-Zoom Patent Denied By PTAB

    The Patent Trial and Appeal Board on Tuesday denied Microsoft’s request for a review of a Philips patent covering an auto-zoom feature for mobile devices, the third time in recent months that it has rejected a challenge to the patent.

  • May 22, 2018

    Cup Maker Denies Atty Conflict In $25M Trade Secrets Suit

    Drinkware manufacturer Tervis Tumbler urged a Florida federal court Monday to deny a bid to disqualify its counsel Shumaker Loop & Kendrick LLP in a $25 million trade secrets case, saying there is no conflict from the firm's past representation of plaintiff Trinity Graphic on unrelated matters.

  • May 22, 2018

    Seaport Hotel Says Newbie Is Ripping Off Its Prestigious Name

    Boston's Seaport Hotel late Monday hit a soon-to-be competitor, a planned $550 million, 1,055-room hotel to be styled the Omni Boston Seaport Hotel, with a trademark suit in Massachusetts federal court, saying the similar name infringes on its well-established brand.

  • May 22, 2018

    Dum Dums Sues Tootsie Over Look-Alike Lollipop Packaging

    The maker of Dum Dums lollipops is suing candy rival Tootsie in Ohio federal court for trademark infringement, accusing it of selling its competing mini lollies in look-alike red bags.

  • May 22, 2018

    Google, Others Launch New Round Of Patent-Buying Program

    A consortium of companies that buys patents on behalf of its members — including Google, Ford, Sony and Uber, among others — announced on Tuesday the latest round of its patent-buying program, known as IP3, which gives patent owners a streamlined way to sell patents to companies.

  • May 21, 2018

    'X Factor' Winner's Hit Song Infringes, Irish Band Says

    British singer and X Factor winner James Arthur’s 2016 hit “Say You Won’t Let Go” ripped off The Script’s 2008 song “The Man Who Can’t Be Moved,” the Irish band alleged in California federal court Monday, claiming Arthur scored more than $20 million by infringing their copyright.

  • May 21, 2018

    EMI Close To Shaking The Four Seasons' Music Rights Suit

    A California federal judge on Monday tentatively dismissed Four Seasons crooners Frankie Valli and Bob Gaudio's suit alleging EMI Music is holding their music’s foreign distribution rights hostage, writing the Golden State court doesn't have jurisdiction over the dispute between the musicians' New York-based business entities and the London-based music publisher.

  • May 21, 2018

    'Gone Girl' Copyright Infringement Suit Gets The Boot

    An Illinois federal judge on Monday tossed copyright infringement claims lobbed by a woman who claimed “Gone Girl” author Gillian Flynn wrongly stole from a screenplay she wrote years before, saying her alleged infringements are too general to warrant protection.

Expert Analysis

  • 2 Court Standards For Statutory Damages In Copyright Cases

    Amy Fitts

    The recent District of Kansas decision in Energy Intelligence Group v. CHS McPherson Refinery highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue, say Amy Fitts and Benton Keatley of Polsinelli PC.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Fed. Circ. Applies Teva Deference In 2 Types Of Cases

    Richard Zhang

    Since the U.S. Supreme Court’s 2015 decision in Teva v. Sandoz changed the standard of review for factual findings made in the course of claim construction, the Federal Circuit has applied deference in just eight of the 24 cases that involved claim-construction extrinsic evidence. These decisions reveal some predictability, says Richard Zhang of Fisch Sigler LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Nat'l Space Council Could Launch New Era Of Patent Policy

    Larry Williams Jr.

    While the recently re-established National Space Council has a broad mandate to develop U.S. space policy recommendations, one important area for the council should be fostering creative endeavors in space. In particular, the council should determine if the current patent law framework is adequate, say Larry Williams Jr. and William Allen of Thompson Hine LLP.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Overlooked Changes To Patent Cooperation Treaty Practice

    Nicholas Landau

    As a result of changes to the patent code from the America Invents Act, the Patent Law Treaties Implementation Act and the AIA's technical corrections amendment, the bypass patent application presents many potential advantages. A bypass application could have resolved Actelion’s recent patent-term problem, say Nicholas Landau and Jake Neu of Bradley Arant Boult Cummings LLP.