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Intellectual Property

  • January 11, 2019

    Netflix Facing 'Choose Your Own Adventure' Trademark Suit

    Netflix Inc. was hit with a lawsuit Friday over its new interactive movie "Black Mirror: Bandersnatch" by the company that owns the trademark rights to the once-popular "Choose Your Own Adventure" book series.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    Fed. Circ. Backs PTAB Nix Of Data Patent Challenged By HP

    The Federal Circuit on Thursday backed a finding that a data compression patent owned by Realtime Data LLC is too obvious to be valid, delivering a blow to the company's claims that Hewlett Packard Enterprise Co.'s data compression products rip off its intellectual property.

  • January 10, 2019

    China Hacking Revelations Show Limits Of Political Pacts

    A new indictment alleging a sweeping campaign by two Chinese government-backed hackers to loot sensitive business data from dozens of American companies is yet more evidence that political agreements between the two countries not to hack each other for economic gain have not gone far enough, attorneys say.

  • January 10, 2019

    Riddell Seeks Summary Judgment In Football Helmet IP Suit

    Riddell Inc. wants a Chicago federal court to end a competitor's lawsuit alleging infringement of three football-helmet patents, saying Wednesday the dispute has dwindled down to "three narrow — and dispositive — issues."

  • January 10, 2019

    Ex-Covington & Burling Atty Promoted To USPTO Solicitor

    The deputy solicitor of the U.S. Patent and Trademark Office, a former attorney at Covington & Burling LLP, has been elevated to the role of solicitor, the office said Thursday.

  • January 10, 2019

    Patent Ineligibility Revamp Shouldn't Up Rejections: USPTO

    The U.S. Patent and Trademark Office's new guidance is meant to provide examiners a straightforward way to determine when applications contain patent-ineligible material, not to expand upon what is considered ineligible, the agency said Thursday.

  • January 10, 2019

    Recipe For Success: How A Food Becomes A Trademark

    The weird shape of Bubba Burgers, which the U.S. Patent and Trademark Office tentatively registered as a trademark this week, is hardly the first food design to secure such protection, but doing so is no easy task. Here's why, plus a look at four more foods that have become trademarks.

  • January 10, 2019

    EFF Fights Doc Sealing Bid In Apple, Uniloc Patent Row

    The Electronic Frontier Foundation asked a California federal judge Wednesday to be allowed to intervene in litigation brought by Uniloc USA against Apple over a patent related to technology for connecting telephones and computers, saying that the sealing of documents violates common law and the First Amendment.

  • January 10, 2019

    Ex-Wrestler Can Drop But Not Add Claim In 'Gears Of War' Suit

    A former pro wrestler can drop his allegation that Microsoft Studios Inc. and Epic Games Inc. violated federal trademark law with a character in “Gears of War” that allegedly bears a strong resemblance to him, but a Pennsylvania federal judge won’t allow him to add a claim that the company should have told him about the use of his image, the judge said Thursday.

  • January 10, 2019

    ITC Case Won't Stop PTAB From Reviewing Caterpillar Patent

    The Patent Trial and Appeal Board has agreed to review a Caterpillar Inc. patent covering a milling machine despite the equipment maker’s contentions the review would be a waste of resources in light of a case at the U.S. International Trade Commission, with members noting that unlike the board, the commission cannot invalidate patents.

  • January 9, 2019

    WB Mason Frozen In Dairy Queen's 'Blizzard' IP Battle

    W.B. Mason must face accusations that its “Blizzard” brand water infringed on fast-food chain Dairy Queen’s blended ice cream confection of the same name after a Minnesota federal judge ruled the out-of-state office company is subject to Minnesota general jurisdiction because it consents to do business there.

  • January 9, 2019

    Amrock Denied New Trial In Appraisal App $706M IP Row

    A state district court judge in Texas has denied a bid from Amrock, formerly known as Title Source Inc., for a new trial in an intellectual property lawsuit brought by former business partner HouseCanary Inc. that resulted in its being slammed with a $706 million verdict.

  • January 9, 2019

    Computer Patents To Get Closer Look With USPTO Guidance

    The U.S. Patent and Trademark Office’s new guidance to examiners on how computer-related patent applications must be written to avoid being rejected as indefinite shows that the office is paying close attention to an area of the law that has been murky, attorneys say.

  • January 9, 2019

    Fed. Circ. Asks Sprint Why It Shouldn't Pay $32M In Damages

    Two members of a Federal Circuit panel repeatedly questioned counsel from Sprint on Wednesday about why it should not have to pay damages after Prism Technologies LLC sought to keep the telecommunications company on the hook for a $32.2 million judgment for patent infringement, even though it had its patents invalidated in a separate case. 

  • January 9, 2019

    Fed. Circ. Upholds PTAB Ax Of IP In $19M Samsung Verdict

    One of two digital-imaging patents whose infringement was set to cost Samsung $19.2 million is invalid, the Federal Circuit ruled Wednesday, giving the top device maker high hopes for a multimillion-dollar haircut to that judgment as the parties await the outcome of a related appeal.

  • January 9, 2019

    Coffee Co. Must Pay $2.4M To Marley Family In TM Fight

    The Ninth Circuit on Wednesday ordered a coffee company to pay $2.4 million in damages to companies connected to late reggae artist Bob Marley for continuing to sell Marley-branded java after a trademark license agreement between the companies was terminated.

  • January 9, 2019

    Fed. Circ. Questions Toshiba, MiiCs On Meaning Of Word 'In'

    A Federal Circuit panel on Wednesday questioned counsel for Toshiba Corp., Funai Electric Co. and MiiCs & Partners America Inc. on the location of a thin film transistor in Toshiba and Funai LCD screens, which MiiCs has accused of infringing its patents, as well as the meaning of the word "in."

  • January 9, 2019

    PTAB To Review Unified Challenge To Cell Signal Tech Patent

    The Patent Trial and Appeal Board will review a patent on cellphone signal-boosting technology challenged by defensive patent group Unified Patents Inc., according to a decision made public Tuesday, rejecting arguments that accused infringers Samsung and Verizon were interested parties not named in Unified's petition.

  • January 9, 2019

    Morgan Lewis Adds Senior Trial Specialist To Pro Bono Team

    Morgan Lewis has added a sixth person to its roster of full-time pro bono lawyers as of Wednesday, a dedicated trials specialist who formerly focused on intellectual property and has filed briefs in high-profile appeals.

Expert Analysis

  • 5 Most-Read Legal Industry Guests Of 2018

    iStock-1056065752.jpg

    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • Roundup

    Winner's Playbook

    Winner's Playbook

    Take a peek behind the scenes of four U.S. Supreme Court cases from 2018, as the attorneys who won them reflect on the challenges they faced and the decisions they made that led to victory.

  • 10 Most-Read IP Law360 Guests Of 2018

    Top Stories

    Patent-eligibility guidance and inter partes review developments were among the hot topics for intellectual property practitioners this year.

  • Key Trade Secret Developments Of 2018: Part 1

    Randall Kahnke

    This year brought significant developments in U.S. trade secret law, including further guidance on the Defend Trade Secrets Act and varied court interpretations of customer lists as trade secrets, say attorneys with Faegre Baker Daniels.

  • Rebuttal

    Serial IPRs Are A Serious Problem The USPTO Should Fix

    Robert Taylor

    A recent Law360 guest article claimed that multiple inter partes reviews for a single claim are often not repetitive. This argument misstates U.S. patent law, and defends precisely the type of abuse that the statutory structure was designed to prohibit, says Robert Taylor of RPT Legal Strategies PC.

  • 3 Trends That Could Lead To More Auto Patent Litigation

    Michael Summersgill

    The long period of relative patent peace in the automotive industry may be coming to an end due to three new trends. Michael Summersgill and Arthur Coviello of WilmerHale analyze these trends and provide recommendations for preparing for a new period of heightened litigation risk.

  • Qualcomm, Apple And The China IPhone Ban

    Elizabeth Chien-Hale 

    In addition to assembling iPhones, China has grown to be an important market for the product. A sales ban of iPhones in China, if carried out by the Fuzhou Intermediate Court, could deal a major economic blow to Apple, says Elizabeth Chien-Hale, an attorney with CKR Law LLP and former senior counsel at Apple Inc.

  • Opinion

    New Hatch-Waxman Integrity Act Brings Hope For Patients

    Anthony Caso

    The Hatch-Waxman Integrity Act of 2018 introduced last week will not completely satisfy either branded pharmaceutical companies or their generic challengers, but would be a win for patients counting on access to new miracle drugs, says professor Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • The State Of Pharma Class Certification After Asacol

    Aaron Yeater

    The First Circuit's recent decision in the matter of the Asacol Antitrust Litigation may prove to be a watershed in pharmaceutical antitrust litigation, offering some precision in interpreting the burden of class certification and making clear what defendants must establish, say experts at Analysis Group Inc.

  • Will Fed. Circ. Consider The Competitor Standing Doctrine?

    Matthew Dowd

    A major hurdle to the Federal Circuit’s full participation in developing patent law is Article III standing to appeal from the Patent Trial and Appeal Board. Matthew Dowd of Dowd Scheffel PLLC and Jonathan Stroud of Unified Patents examine whether the Federal Circuit will recognize and apply competitor standing for establishing an injury in fact.