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Intellectual Property

  • November 14, 2018

    Food Tastes Not Covered By Copyright, EU Top Court Says

    The European Union’s top appeals court ruled Tuesday that food tastes cannot be protected by copyright law, rejecting a Dutch cheesemaker’s effort to copyright a type of cream cheese.

  • November 14, 2018

    Phillips Nizer Brings In Prominent Sports Atty As Partner

    Phillips Nizer LLP has brought in prominent corporate transactional attorney Edward Schauder as a partner in its New York office, adding sports to the firm’s intellectual property practice.

  • November 14, 2018

    Robins Kaplan Nabs Ex-Orrick Patent Litigator In NY

    Robins Kaplan LLP has added a former Orrick Herrington & Sutcliffe LLP partner with more than 20 years of experience in patent litigation, the firm has announced.

  • November 13, 2018

    Palm Families Get More Than $73M In Royalty Fees, Rent

    A New York state judge on Tuesday awarded family members behind the famous Palm steakhouse — who say they were cheated out of intellectual property licensing by the cousins who built a single trendy outpost into an empire — at least $73 million in royalties and lost rent.

  • November 13, 2018

    Uber Board Wasn't Conflicted Before Otto Deal, Chancery Told

    Attorneys for Uber and its directors told a Delaware vice chancellor Tuesday that stockholders who challenged the company’s disastrous, $680 million deal to buy self-driving vehicle startup Ottomotto failed to show that company directors were too conflicted to assess failures and pursue damages.

  • November 13, 2018

    USPTO Head Lauds PTAB's New Claim Construction Standard

    U.S. Patent and Trademark Office Director Andrei Iancu said at a conference Tuesday that the Patent Trial and Appeal Board's adoption of the narrower claims construction standard used by federal courts should reduce uncertainty and minimize parallel litigation over the same patent in district court and before the PTAB.

  • November 13, 2018

    Fed. Circ. Won't Restore Allergan's Restasis Patent Claims

    The Federal Circuit on Tuesday declined to restore invalidated patent claims for Allergan Inc.’s dry-eye drug Restasis, delivering a fresh boost to proposed generics of the blockbuster eye-drop medicine.

  • November 13, 2018

    FX Says There's 'Nothing Cert-Worthy' About De Havilland Suit

    FX Networks urged the U.S. Supreme Court on Tuesday to reject Olivia de Havilland's lawsuit over the way she was portrayed in the FX docudrama "Feud: Bette and Joan," saying there was "nothing cert-worthy about this case."

  • November 13, 2018

    Fed. Circ. Affirms Ax Of Darts-Refereeing Patent Under Alice

    The Federal Circuit on Tuesday ruled a patent covering a refereeing system for darts games was invalid under the U.S. Supreme Court’s Alice test, solidifying Arachnid 360 LLC’s victory in a patent suit brought by a rival electronic dartboard maker.

  • November 13, 2018

    Womble Bond Adds Ex-Knobbe Martens Tech Patent Pro

    Womble Bond Dickinson LLP has hired a former Knobbe Martens intellectual property litigator with 26 years' experience representing high-technology clients to head Womble’s Patent Trial and Appeal Board trials practice in California.

  • November 13, 2018

    Fed. Circ. Won't Revive Xactware Patent Challenges

    The Federal Circuit on Tuesday refused to revive Xactware Solutions Inc.’s challenges to two patents related to aerial rooftop measurement software, rejecting the company’s bid to nix two Pictometry International Corp. patents that it had been accused of infringing.

  • November 13, 2018

    Justices Won't Hear Chinese Co.'s $102M Piracy Award Case

    The U.S. Supreme Court on Tuesday declined to review whether the Fifth Circuit erred by affirming a lower court's awarding of a $102 million judgment to Swiss-based Nagravision SA after China-based Gotech allegedly sold set-top boxes that circumvented piracy protections.

  • November 13, 2018

    Inventor Asks Fed. Circ. To Rehear USPTO Rule Challenge

    Inventor Gilbert Hyatt has asked the Federal Circuit to reconsider its September decision upholding the U.S. Patent and Trademark Office's ability to reopen patent prosecution rather than hear an appeal, saying the ruling is at odds with long-standing precedent.

  • November 13, 2018

    Fed. Circ. Upholds Win For Netflix In Online Viewing IP Row

    The Federal Circuit on Tuesday upheld wins for Netflix, Amazon and Hulu in a suit brought by a Florida company accusing the tech companies of infringing a patent for a system of viewing online content.

  • November 13, 2018

    In Break From Past, PTAB Denies 'Same-Party' Joinder

    Breaking with previous decisions, the Patent Trial and Appeal Board has denied a company’s bid to join new issues to a challenge it filed against an Oren Technologies LLC patent, saying the America Invents Act does not allow a petitioner to raise additional issues to be joined in an inter partes review it already filed.

  • November 13, 2018

    Google Asks Full Fed. Circ. To Review Denied Venue Change

    Google LLC asked the full Federal Circuit on Tuesday to reconsider a decision it issued two weeks ago that allowed a patent lawsuit against it to remain in the Eastern District of Texas, arguing the ruling is based on a flawed understanding of what constitutes a "place of business."

  • November 13, 2018

    'Narcos' Production Co. Seeks Toss Of Copyright Suit

    A Colombian production company argued Monday that a Florida federal court lacks authority over it in a lawsuit alleging that it, Netflix and the other producers of the popular series "Narcos" infringed copyrights covering a former journalist's best-selling memoir that detailed her romantic relationship with drug kingpin Pablo Escobar.

  • November 13, 2018

    As Amazon Goes Elsewhere, Pittsburgh To Release HQ2 Bid

    Now that Amazon has announced it will split its second headquarters between New York and northern Virginia, Pittsburgh and Allegheny County are dropping their effort to keep their bid for the giant project secret and will release at least part of it to the public soon, Mayor Bill Peduto said Tuesday.

  • November 13, 2018

    3 Things You Need To Know About The SUCCESS Act

    President Donald Trump recently signed legislation that extends the ability of the U.S. Patent and Trademark Office to set patent and trademark fees and requires a report looking at patents issued to women and minorities. Here are three things you need to know about the SUCCESS Act.

  • November 9, 2018

    9th Circ. Ends Oft-Heated Trade Secrets Suit Against Ex-CEO

    A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.

Expert Analysis

  • How To Return To One Patent, One Invention: Part 2

    Michelle Clark

    Continuation practice can be abused by patentees to manipulate the infringement damages analysis in their favor. Courts can start to unstack the deck by adopting a bright-line rule for the hypothetical negotiation date, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • 10 Lessons On Blockchain And Open-Source Licenses

    James Gatto

    On their own, blockchain technology, open-source software and patents each present complex legal issues, but when combined, the complexity and misunderstandings of these three topics are magnified, says James Gatto of Sheppard Mullin Richter & Hampton LLP.

  • How To Return To One Patent, One Invention: Part 1

    Michael Powell

    More than 100 years ago, the U.S. Supreme Court set forth, as a fundamental rule of U.S. patent law, that a patentee is entitled to only one patent per invention. However, now the practice of “continuation” applications permits an inventor to receive numerous issued patents ostensibly for the same invention, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • New EU Patent Guidelines May Affect Companies' AI Strategy

    Jennifer Maisel

    As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC​​​​​​​.

  • Copyright Of 'Frankenstein': 5 Things To Know

    David Kluft

    ​This year marks the 200th anniversary of "Frankenstein," and Halloween is ​the perfect time to ​explore the horror novel's relationship to copyright law, says David Kluft of Foley Hoag LLP.

  • Patent Agent Privilege Under New PTAB Claim Construction

    Linda Nattler

    With the shift to the Phillips standard for claim construction before the Patent Trial and Appeal Board, patent agents are now in a position to apply two different validity standards during prosecution and in post-grant proceedings, which raises privilege questions, say Linda Nattler and Robert Shereda of Brinks Gilson & Lione.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • ITC Lowers The Bar For Section 337 Domestic Industry

    Paul Goulet

    In a recent U.S. International Trade Commission investigation, complainant BiTMICRO was able to rely upon its research and development investments to satisfy the domestic industry requirement without meeting the higher legal threshold usually required for R&D, say Paul Goulet and Cyrus Frelinghuysen of Winston & Strawn LLP.

  • Litigation Options For Post-Cyberattack 'Active Defense'

    Alexander Berengaut

    While the legal and policy debates raised by the proposed Active Cyber Defense Certainty Act are important, they often overlook the fact that victims of hostile cyber activity may already be able to engage in the types of “active defense” measures that the act would expressly authorize, say Alexander Berengaut and Tarek Austin of Covington & Burling LLP.