Intellectual Property

  • February 22, 2018

    Mastercard Asks Fed. Circ. To Affirm PTAB's Toss Of Patents

    Mastercard asked the Federal Circuit on Wednesday to affirm the Patent Trial and Appeal Board’s second decision to invalidate an inventor’s payment patents as anticipated by prior art, saying the PTAB carefully considered the Federal Circuit's remand instructions after vacating the first invalidation and reached the same conclusion.

  • February 22, 2018

    Leading PTAB Atty Says Changes At Board Create Opportunity

    The coming months appear poised to bring about tremendous change at the Patent Trial and Appeal Board, and with that change comes a host of opportunities for lawyers who embrace it, according to the PTAB's most active practitioner.

  • February 22, 2018

    Eisenberg & Baum Gets Creative To Defend 5Pointz Artists

    Eisenberg & Baum LLP attorneys faced an unprecedented task in convincing a court that the destruction of famous New York City graffiti space 5Pointz was an intentional violation of federal copyright law that robbed a city of a cultural hub and infringed intellectual property rights.

  • February 21, 2018

    GoPro Harness Maker Loses Injunction Bid In Coverage Spat

    A New York federal judge has rejected a GoPro harness maker's bid for a preliminary injunction in a coverage suit over underlying intellectual property claims, saying Wednesday that its insurer has been generally cooperative and there's little danger of irreparable harm to the company.

  • February 21, 2018

    'Shape Of Water' Accused Of Stealing Pulitzer Winner's Play

    The son of a Pulitzer Prize-winning playwright is accusing "The Shape of Water" director Guillermo del Toro and others involved in the Oscar-nominated film of ripping off the movie's plot from a one-act drama by his late father, according to a suit filed in California federal court Wednesday.

  • February 21, 2018

    Electric Car Co. Says Rival Must Arbitrate Trade Secret Spat

    Evelozcity Inc. urged a California federal court Tuesday to force rival electric vehicle company Faraday & Future Inc. to arbitrate its allegations that Faraday’s ex-CEO poached employees who exited with intellectual property, saying Faraday has “restyled” a breach of contract claim into trade-secret litigation against his new company.

  • February 21, 2018

    PTAB Finds Part Of Riddell Football Helmet Patent Obvious

    The Patent Trial and Appeal Board said Wednesday that part of a Riddell Inc. football helmet patent is invalid due to obviousness, but found that rival helmet maker Schutt Sports could not nix all of the challenged claims from Riddell’s patent.

  • February 21, 2018

    Ford Design Patents Hold Up In Spat Over F-150 Parts

    A Michigan federal judge refused to invalidate two Ford Global Technologies LLC design patents in a dispute over replacement Ford F-150 parts, finding Tuesday that a vehicle’s aesthetics matter for consumers and that the design of a truck’s hood is therefore patentable.

  • February 21, 2018

    Ex-Boston Guitarist Asks 1st Circ. For Redo In Bandmate Row

    A former guitarist for the band Boston urged the First Circuit on Tuesday to revive his breach of contract and abuse of process allegations against the band’s founder, as well as his bid for hundreds of thousands of dollars in costs and attorneys' fees, in their protracted dispute over use of the band's name, among other things.

  • February 21, 2018

    Energy Firm Claims Boston Sales Rep. Stole 'Hot Prospects'

    A Connecticut-based energy consulting firm sued a former Boston sales associate who allegedly made off with handwritten lists of the company’s current clients and “hot prospects,” all so-called trade secrets, after his abrupt resignation last month.

  • February 21, 2018

    Duo Settles With SEC For Selling Outlandish Patent Stocks

    Two Florida men facing fraud charges settled a related case with the U.S. Securities and Exchange Commission Wednesday, agreeing to be barred from penny stock offerings and securities trading to resolve civil claims that they pilfered $2.5 million selling penny stocks based on dubious nanotechnology patents.

  • February 21, 2018

    Feds Can't Get Israeli Court Info In $163M Perrigo Tax Row

    A Michigan federal judge refused on Wednesday to ask Israeli courts for information the U.S. government is seeking in a $163.5 million tax fight against a company that domestically distributed heartburn drugs manufactured in Israel in partnership with Perrigo Co., saying such requests would unnecessarily add to the time, cost and complexity of the case.

  • February 21, 2018

    5Pointz Owner Appeals $6.75M Graffiti Ruling To 2nd Circ.

    A New York City real estate developer who demolished the famed graffiti space 5Pointz filed an appeal Wednesday to the Second Circuit of a ruling last week that he must pay $6.75 million for his act of “revenge.”

  • February 21, 2018

    Huawei Fights Samsung Bid To Block China Patent Injunction

    Huawei Technologies Co. on Tuesday slammed Samsung's bid to block an injunction issued in China last month barring the South Korean company from selling smartphones that infringe two Huawei patents, calling Samsung's request to a California federal judge “extraordinary.”

  • February 21, 2018

    LinkedIn Can't Relate Data Spat To Craigslist Case, Co. Says

    Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.

  • February 21, 2018

    DOJ Antitrust Chief Wants Closer IP Enforcement With EU

    U.S. Department of Justice antitrust division chief Makan Delrahim argued in a speech Wednesday at the College of Europe in Bruges, Belgium, for a closing of the enforcement policy gap between U.S. and European authorities on matters of intellectual property and treatment of “unilateral conduct” by individual companies.

  • February 21, 2018

    Sonos Gets Judge To Kill Home Audio Patent Under Alice

    A Delaware federal judge on Tuesday invalidated a home audio patent that D&M Holdings accuses rival Sonos of infringing, saying the invention is routine and conventional in one of the first decisions to apply new Federal Circuit rules for such summary judgment motions.

  • February 21, 2018

    Kendrick Lamar Sued Over Video For 'Black Panther' Track

    A visual artist sued singer-songwriter Kendrick Lamar and several record labels for alleged copyright infringement Tuesday, saying they used her artwork in a "Black Panther" soundtrack music video after she twice denied permission.

  • February 21, 2018

    Disney Suit Against Redbox Is Copyright Misuse, Judge Says

    A California federal judge on Tuesday refused to give Walt Disney Co. a court order that would have barred Redbox from renting digital movies at its kiosks, calling the studio’s case a misuse of copyright law.

  • February 20, 2018

    Fed. Circ. Denies Samsonite's Rehearing Bid In Lock IP Row

    The Federal Circuit on Tuesday denied a petition for en banc rehearing lodged by Samsonite and other luggage makers in January, refusing to reconsider its decision that the companies could be liable for jointly infringing a luggage lock patent with the Transportation Security Administration.

Expert Analysis

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Reconsidering Accelerated Examination — While It's Still Here

    Howard Levy

    The U.S. Patent and Trademark Office recently indicated that its accelerated examination program could be terminated. While the persistent criticisms of accelerated examination are valid, they might not justify the distinct rarity of AE usage, says Howard Levy of Cantor Colburn LLP.

  • Opinion

    Contingency Fees Make Patent Enforcement Accessible

    Eric Evain

    For many small entities, startup companies and universities, patent litigation is simply too expensive to pursue. Contingency fee patent litigation eliminates these concerns for certain cases, says Eric Evain, leader of Grant & Eisenhofer PA's intellectual property litigation group.

  • Bargaining Model Takeaways From Limelight Ruling

    Jeffrey Klenk

    A Virginia federal court's recent decision in Limelight v. XO confirmed an apparent trend in courts’ acceptance of bargaining theory, based either on Rubinstein or Nash, to model hypothetical negotiations in intellectual property disputes, says Jeffrey Klenk of Berkeley Research Group LLC.

  • Translating The USPTO Case Law On Foreign-Language TMs

    Davide Schiavetti

    Foreign-language trademarks can be creative, appealing and exotic, but the doctrine of foreign equivalents presents a risk. It appears that the main criterion used by the Trademark Trial and Appeal Board is still the number of speakers of a given language in the prospective marketplace where the marks will be utilized, says Davide Schiavetti of Rothwell Figg Ernst & Manbeck PC.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • IP For AI: How Cos. Can Protect Artificial Intelligence Tech

    Andrew MacArthur

    Artificial intelligence technology can rapidly change, but a company’s intellectual property strategy should move with it to capture the growth or business goals at each iteration. Otherwise, an outsider could question the true value of the AI technology or a competitor could develop similar technology with accompanying IP, says Andrew MacArthur of Venable LLP.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Fed. Circ. Sets Record 'Relatively Straight' On Indefiniteness

    Harold Borland

    The Federal Circuit recently ruled that the patent in Exmark v. Briggs & Stratton provided reasonable certainty on how to determine whether a lawn mower baffle portion was long enough and straight enough to be considered “elongated and substantially straight” for the purposes of determining infringement. The analysis may diminish the confidence of parties to design around patent claims, says Harold Borland of Haynes and Boone LLP.