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

  • October 10, 2018

    Artist Robert Indiana's Estate Can Arbitrate Dealer's Claims

    The estate of artist Robert Indiana won a bid on Tuesday to arbitrate American Image Art’s crossclaims against it, which stem from a lawsuit alleging that the man behind the iconic "LOVE" image allowed friends to manipulate him and forge his works.

  • October 10, 2018

    Puma Must Face Nike's Flyknit Patent Infringement Claims

    Puma must face claims that the German sportswear company is knowingly ripping off Nike’s patented knitted shoe designs, a Massachusetts federal judge ruled Wednesday, queuing a legal battle over the trendy, sock-like features of Nike’s Flyknit series and Puma’s Netfit series.

  • October 10, 2018

    Duane Morris Adds Trade Secrets Buff From Knobbe Martens

    Duane Morris LLP added a Knobbe Martens intellectual property veteran with a wide range of experience and expertise in trade secret matters as a partner to its San Diego office, the firm announced.

  • October 10, 2018

    Justices Urged To Mull Repeat Patent Challenges Under AIA

    A patent owner asked the U.S. Supreme Court on Tuesday to examine the “multiple proceedings rule” for challenges to a patent’s validity, arguing the Patent Trial and Appeal Board has been inconsistent in how it applies the rule in America Invents Act reviews.

  • October 10, 2018

    Teva Tells Justices AIA Hasn't Changed On-Sale Bar Meaning

    Teva Pharmaceuticals USA Inc. lodged its brief in a case at the U.S. Supreme Court concerning the on-sale bar in patent cases, telling the justices the America Invents Act didn’t give the phrase “on sale” a new meaning that would reverse decades of legal precedent.

  • October 10, 2018

    Record Cos. Rip Cox's 'Ploy' To Move Music Piracy Fight

    The major record labels sharply criticized Cox Communications on Tuesday for pushing to change the venue of their impending showdown over illegal downloading, calling it “a ploy” to avoid bad precedent.

  • October 10, 2018

    Fed. Circ. Upholds $20M Cialis Patent Verdict Against Lilly

    The Federal Circuit on Wednesday upheld a $20 million verdict against Eli Lilly & Co. for infringing a German company's patent when marketing its erectile dysfunction drug Cialis to also treat enlarged prostates.

  • October 10, 2018

    2nd. Circ. Throws Out Order Blocking Lynyrd Skynyrd Movie

    The Second Circuit on Wednesday overturned a court order halting production of a film about the 1977 plane crash that killed members of Lynyrd Skynyrd, but refused calls from critics to declare the earlier ruling "a classic First Amendment violation."

  • October 10, 2018

    Eli Lilly Sues French Ex-Partner Over Patent Inventorship

    Eli Lilly & Co. has accused French biotech firm Adocia SA, with which it had a short-lived research partnership to develop insulin drugs, of falsely claiming that it should be listed as an inventor on a set of Lilly’s other, unrelated insulin patents.

  • October 9, 2018

    Ex-Marks Paneth Accountant Charged In $2M IP Scheme

    Federal authorities in Florida have arrested a former Manhattan accounting firm executive on charges he defrauded investors of $2 million through a sham intellectual property company he created.

  • October 9, 2018

    De Havilland Takes FX 'Feud' Fight To Supreme Court

    Actress Olivia de Havilland is asking the U.S. Supreme Court to revive a lawsuit she filed over the way she was portrayed in the FX docudrama "Feud: Bette and Joan," pressing the justices to reject an “absolutist view of the First Amendment.”

  • October 9, 2018

    Fed. Circ. Affirms Gilstrap's Alice Ax Of Messaging Patents

    The Federal Circuit on Tuesday affirmed U.S. District Judge Rodney Gilstrap’s decision to invalidate seven mobile messaging patents that were asserted against Regal Cinemas, Baskin-Robbins, Edible Arrangements and the Culver’s restaurant chain, leaving intact the lower ruling to ax the patents for being too abstract under the U.S. Supreme Court's Alice test.

  • October 9, 2018

    StubHub Not Clear Of Trade Secret Theft Claims, Judge Rules

    StubHub hasn’t completely dodged allegations that it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who then allegedly misappropriated proprietary data despite a previous ruling in the ticket company’s favor, a California federal judge recently ruled.

  • October 9, 2018

    Law Firms Battle Over 'Ever Argued With A Woman?' Slogan

    A small Florida law firm that uses the slogan “Ever Argued With a Woman?” is suing a Texas firm for trademark infringement for using the similar “Ever Argue With a Woman?”

  • October 9, 2018

    Fed. Circ. Undoes Google's Alice Win On Spreadsheet Patents

    The Federal Circuit on Tuesday reversed a lower court’s invalidation of three patents asserted against Google LLC by a unit of patent licensing company Acacia Research Corp., finding that instead of claiming abstract ideas, they actually claim patent-eligible improvements in spreadsheet technology. 

  • October 9, 2018

    High Court Won't Hear Takings Challenge To AIA Reviews

    The U.S. Supreme Court declined Monday to hear a constitutional challenge to America Invents Act reviews brought by Advanced Audio Devices LLC, which argued the cancellation of older patents in the reviews amounts to an impermissible taking of property rights.

  • October 9, 2018

    Apple Opposes Qualcomm's Dismissal Bid In Patent Fight

    Apple asked a California federal court to deny Qualcomm’s bid to dismiss portions of a sweeping patent case, saying the chipmaker's promise not to sue over nine patents does not address other claims at issue in the dispute.

  • October 9, 2018

    Pittsburgh Housing Authority Looks To Can Artist's Mural Suit

    A Pittsburgh mural artist can’t show that his work was recognized and important enough to be protected by federal law from removal for redevelopment projects, the city’s housing authority said in a filing Monday in Pennsylvania federal court.

  • October 9, 2018

    Justices Won’t Tackle Jurisdiction Question In Lipitor Case

    An antitrust lawsuit by a group of California pharmacies targeting a settlement between Pfizer Inc. and Ranbaxy Inc. over the anti-cholesterol drug Lipitor hit the end of the road Tuesday, with the U.S. Supreme Court declining to take up the pharmacies’ argument that their suit was improperly removed to federal court and then dismissed.

  • October 9, 2018

    Gilead, Indian Generic Co. Drop Truvada Infringement Suit

    Gilead Sciences Inc. has asked a Delaware federal court to dismiss yet another patent infringement case against a drugmaker attempting to sell a generic version of its blockbuster HIV preventative medication Truvada, with hints that a settlement is being hammered out.

Expert Analysis

  • Copyright Owners Should Prepare For Music Royalty Reform

    Danielle Mattessich

    Last week, the Senate passed the first substantive update to music copyright law in a generation. The Music Modernization Act will bring questions, sweeping changes and legal challenges for copyright owners, say Danielle Mattessich and Lindsay Jones of Merchant & Gould PC.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • What We Heard At The FTC Hearings: Day 2

    Jon B. Jacobs

    The Federal Trade Commission hearing on Friday featured two panels discussing the state of U.S. antitrust law and one panel on monopsony power. Jon B. Jacobs and Barry Reingold of Perkins Coie LLP offer key takeaways.

  • When To Conduct Litigation Review Of A Patent

    Keith Nowak

    A litigation review of a patent is generally performed just before litigation is commenced, when it's too late to correct problems with the patent. Properly performing the review before the patent issues could improve the chance of success in court, says Keith Nowak of Carter Ledyard & Milburn LLP.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Caution, Preclusion Ahead: The New TTAB Landscape

    David Marroso

    Historically, a trademark owner could challenge a junior user’s application in the Trademark Trial and Appeal Board and, regardless of outcome, subsequently sue in federal court for damages and equitable relief. A recent shift has upended this law and made it decidedly more risky to commence proceedings at the TTAB, say David Marroso and Megan Smith of O’Melveny & Myers LLP.

  • 10 Best Practices For Due Diligence In AI Transactions

    Lee Tiedrich

    When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • GILTI Guidance Defers Dealing With Most Vexing Issues

    Robert Kiggins

    Last week, the IRS issued its first guidance as to proposed rule-making on global intangible low-taxed income. This is a welcome start at clarification and integration of GILTI with other code sections but more guidance is necessary, especially as to the Section 250 deduction and the workings of the foreign tax credit, says Robert Kiggins of Culhane Meadows LLP.