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Intellectual Property

  • May 21, 2018

    NYC's Meatball Shop Hits Houston Eatery With TM Suit

    The popular New York City eatery The Meatball Shop is suing over a restaurant at a Houston airport called The Magnolia Meatball Shop, saying it infringes the chain’s trademarks.

  • May 21, 2018

    ITC To Probe NEC Infringement Claims Over Telecom Tech

    The U.S. International Trade Commission has opened an investigation into the importation of underwater telecommunications equipment by Texas-based Xtera Inc. and Florida-based MC Assembly LLC after Japanese consumer electronics firm NEC Corp. alleged the companies infringed its patent.

  • May 18, 2018

    FTC Admin. Judge Says Endo-Impax Opana Deal Is Lawful

    A patent deal in which Endo Pharmaceuticals Inc. paid generic-drug maker Impax Laboratories Inc. to forgo launching a generic version of an opioid pain medication did not violate consumer protection statutes, a Federal Trade Commission administrative law judge ruled Friday, because the settlement’s pro-competitive benefits outweighed its anti-competitive harms.

  • May 18, 2018

    Fate Of Apple's $1B IP Fight With Samsung In Jury's Hands

    Following closing arguments Friday, the five women and three men of a California federal jury filed out of a San Jose courthouse for a weekend break with a billion-dollar question hanging in the air: How much in damages must Samsung pay Apple for infringing its smartphone design and utility patents?

  • May 18, 2018

    Foley & Lardner Beats DQ In IP Suit Against Patent Atty

    There’s “no basis whatsoever” to grant slot machine game maker High 5 Games’ bid to disqualify Foley & Lardner LLP from representing a former in-house patent attorney who allegedly stole the company’s trade secrets, a New Jersey federal judge ruled Friday, rejecting the plaintiff’s claims that the attorneys accused their own clients of perjury.

  • May 18, 2018

    Friends Bilked Sick 'LOVE' Artist, Art Foundation Alleges

    The bedridden artist Robert Indiana, well-known for his "LOVE" image, has allowed friends to manipulate him and forge his works, in violation of The Morgan Art Foundation’s licensing agreements, according to the foundation’s suit filed in New York federal court Friday.

  • May 18, 2018

    Academics, Former Officials Balk At Delrahim's SEP Focus

    A group of 77 academics and former government officials told Assistant Attorney General Makan Delrahim in a letter Thursday that his stance that U.S. standard-essential patent policies hurt innovation by going too far to reduce royalties cuts against “broad bipartisan legal and economic consensus."

  • May 18, 2018

    Brand Battles: Anheuser-Busch, Marvel, Microsoft

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Anheuser-Busch cites a Super Bowl ad about its famous German founder, Marvel has trouble registering its upcoming "Cloak & Dagger" television series, and Microsoft gets into a dispute with real estate giant Tishman Speyer over dueling services called "Zo."

  • May 18, 2018

    Patent Filing Malpractice Suit Wrongly Dismissed, Court Says

    A Michigan appeals court has partially reversed the dismissal of a legal malpractice suit over a patent filing agreement that was never executed, rejecting the argument it was filed past the legal deadline and saying a written attorney-client agreement ended their relationship far later than the lower court interpreted.

  • May 18, 2018

    'War Dogs' Arms Dealer Sues Friend Over Book Rights

    A former arms dealer who made millions during the Iraq War and fought Warner Brothers in copyright litigation over its movie "War Dogs" sued his writing partner Friday for allegedly claiming to be the owner of the rights to the arms dealer's memoir, "Once A Gun Runner."

  • May 18, 2018

    Player Unions Back NCAA Athletes In Fantasy Sports Dispute

    Players associations for the major sports leagues urged Indiana's high court on Friday to find that state publicity laws bar two daily fantasy sports operators from using players' names and likenesses without consent, in a case likely to echo far and wide after a U.S. Supreme Court ruling opened the door to legalized sports betting nationwide.

  • May 18, 2018

    Chicago Wine Bar Denies 'Copycatting' NYC Restaurant Group

    Two former employees of a New York group of Italian restaurants and wine bars that is suing them for trademark claims under the Lanham Act have urged an Illinois federal court not to close their new Chicago wine bar, arguing the startup’s design and menu are not "copycat" versions that violate the group’s trade dress.

  • May 18, 2018

    Macklemore Can't Shake Jazz Musician's Copyright Suit

    A Louisiana federal judge has refused to toss a New Orleans jazz musician's copyright suit against hip-hop act Macklemore and Ryan Lewis, finding the Big Easy artist sufficiently pled substantial similarities between his works and those of the duo, including their hit "Thrift Shop."

  • May 18, 2018

    Fed. Circ. Revives $5.4M IP Verdict Nixed By Wis. Judge

    The Federal Circuit revived a $5.4 million verdict against a manufacturer of captioned phones that a Wisconsin federal jury found infringed the asserted claims of a patent covering the devices, holding Friday that a judge erred in tossing the jury’s determination that the patent was valid.

  • May 18, 2018

    NCAA Scores $220K Atty Fees In Basketball Tourney TM Row

    An Indiana federal judge Thursday awarded the National Collegiate Athletic Association more than $220,000 in attorneys' fees for a default win in a trademark suit against a game developer.

  • May 18, 2018

    Illumina Can't Enforce Fetal DNA Testing Patent, Natera Says

    Natera Inc. on Thursday asked a California federal court to free it from patent infringement litigation brought by competitor Illumina Inc., arguing the fetal DNA testing technology at issue isn’t patent eligible because it covers naturally occurring phenomena.

  • May 18, 2018

    Adidas v. Skechers Trademark Ruling Leaves Plenty Unclear

    Trademark attorneys had hoped that a Ninth Circuit ruling in Adidas’ lawsuit against Skechers might clear up recent uncertainty about how to win a preliminary injunction, but experts say the decision has left plenty up in the air.

  • May 18, 2018

    Hasbro Registers Play-Doh Smell As Trademark

    The U.S. Patent and Trademark Office has granted Hasbro a trademark registration for the smell of Play-Doh, the toy giant announced Friday.

  • May 18, 2018

    Motorola Can't Examine Computers In Trade Secret Row

    An Illinois federal magistrate judge rejected Motorola’s bid to examine the computers of workers at a Chinese radio manufacturer in a trade secret battle, saying the discovery had gone far afield of the statutes of limitation question it was meant to address.

  • May 18, 2018

    IP Hires: Dechert, Katten Muchin, K&L Gates

    In this week’s round of intellectual property attorney moves, Dechert landed a pair of partners who help life sciences companies build up their patent portfolios and litigate disputes, Katten Muchin hired a powerhouse trio of patent partners with pharmaceutical know-how, and K&L Gates snagged a former Jones Day partner with expertise litigating copyright and advertising cases. Here are the details.

Expert Analysis

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Don’t Let Inter Partes Reviews Ruin Your Trial

    Jeremy Taylor

    Current statistics reveal that inter partes review petitions are now more likely to fail than succeed, and the failure rate is continuing to climb. Accused infringers must approach IPR proceedings with an eye toward a jury trial that is more and more likely to occur, say Jeremy Taylor and Wayne Stacy of Baker Botts LLP.

  • Surveying The CRISPR Patent War

    Michael Stramiello

    Following this week’s oral argument at the Federal Circuit in University of California v. Broad Institute, there has been a surge of interest in the long-running CRISPR patent dispute. There are battles raging on multiple fronts, particularly in Europe, with several more on deck in the U.S., and maybe even in China, says Michael Stramiello of Paul Hastings LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • A Path Less Traveled: Where Oil States Meets Bike Trails

    Matthew Rizzolo

    Following the U.S. Supreme Court's Oil States decision last week, much of the attention has focused on the due process clause. The court’s reference to the takings clause has received less scrutiny, and clues to its implications may come from a surprising place in history — legislation and litigation involving conversions of abandoned railroads to bike trails, says Matthew Rizzolo of Ropes & Gray LLP.

  • Loopholes In The USPTO's Berkheimer Memo

    Robert Curylo

    While the U.S. Patent and Trademark Office’s new eligibility guidance represents important progress toward applying objective standards to patent eligibility determinations, examiners who are disinclined to grant patents have multiple options for evading or minimizing the evidentiary requirements in this guidance, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • UK's Suggested Global Reach For IP Tax Goes Too Far

    Perminder Gainda

    Her Majesty's Revenue and Customs' suggested approach of bringing royalty payments within its scope for taxation purposes — where they are paid to a connected person based in a jurisdiction with which the U.K. does not have an appropriate double tax treaty — is too broad and could give rise to significant double taxation, says Perminder Gainda of Herbert Smith Freehills LLP.

  • Challenges Ahead For PTAB After High Court SAS Ruling

    Timothy Riffe

    The Patent Trial and Appeal Board's Western Digital institution decision — issued just two days after the U.S. Supreme Court’s decision in SAS Institute — shows that if the PTAB proceeds to institute inter partes reviews based on a single or small group of claims meeting the standard, it will likely overwhelm the ability of the PTAB to meet its congressional directive, says Timothy Riffe of Fish & Richardson PC.