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Intellectual Property

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    USPTO Allows New Filings, Conferences In AIA Guide Update

    The U.S. Patent and Trademark Office on Friday updated its Trial Practice Guide for America Invents Act reviews to allow parties to make filings addressing the Patent Trial and Appeal Board's institution decisions following a recent U.S. Supreme Court ruling and to permit some pre-hearing conferences.

  • August 10, 2018

    Cohen Milstein Serves WikiLeaks With DNC Suit Via Tweet

    After getting no response through traditional methods, Cohen Milstein Sellers & Toll PLLC served WikiLeaks via tweet on Friday, posting a complaint by its client, the Democratic National Committee, that alleges a conspiracy by Russians, the Trump campaign and WikiLeaks to hack and sabotage the party during the 2016 election.

  • August 10, 2018

    Mexican Treat Maker Infringed Rival's TMs, DC Circ. Holds

    The D.C. Circuit on Friday affirmed a D.C. federal court’s ruling that a Mexico-based maker of a hand-held frozen snack infringed the trademarks of a California-based maker of the treats featuring a girl dressed in indigenous clothing and that the California company did not infringe any rights held by its rival.

  • August 10, 2018

    Qualcomm Fights 'Unprecedented' Class Cert. In Chip Row

    Chipmaker Qualcomm has urged a California federal court not to certify a class of smartphone buyers suing the manufacturer for forcing companies like Apple and Samsung into paying high royalty rates that were allegedly then passed on to the public, arguing the class of 250 million people is unfeasible and "unprecedented." 

  • August 10, 2018

    Arctic Cat Can't Get Presuit Damages In Jetski IP Row

    A Florida federal judge on Friday granted Sea-Doo maker Bombardier’s bid to limit the damages it owes ATV maker Arctic Cat for infringing its patented steering technology to the years after Arctic Cat filed suit, ruling that Arctic Cat failed to give notice of the infringement before that.

  • August 10, 2018

    J&J Can't Ax Pfizer Antitrust Suit Over Remicade Biosimilar

    Pfizer Inc. has credibly shown that Johnson & Johnson may have flouted antitrust laws by coercing health insurers into not covering biosimilar versions of biologic Remicade, a Pennsylvania federal judge said in a ruling released Friday.

  • August 10, 2018

    'Filmchella' Organizers Want TTAB Review Of TM Row

    Organizers behind an upstart movie festival called Filmchella have urged a California federal court to stay trademark litigation brought against them by popular music festival Coachella, saying a pause should be placed on proceedings pending review by the U.S. Trademark Trial and Appeal Board.

  • August 10, 2018

    Pending Patent's Inventor Can't Be Disputed, Fed. Circ. Says

    The Federal Circuit on Friday affirmed the dismissal of a lawsuit by a man seeking to be named the sole inventor on a pending cannabis patent application, ruling that such suits can’t be filed until after a patent is issued.

  • August 10, 2018

    Brand Battles: Apple, BMW, Nike, Coca-Cola, Pepsi

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple thinks a rival "Genius" isn't so smart, BMW wants to put the brakes on a mechanic's logo, Nike files its latest case over "Just Do It," and Coke and Pepsi both get into action against sound-alike trademarks.

  • August 10, 2018

    Google Gets PTAB To Nix Claims Of Traffic Forecasting Patent

    The Patent Trial and Appeal Board has nixed multiple claims in a patent related to real-time traffic forecasting technology, siding with Google that the patent claims are invalid as obvious.

  • August 10, 2018

    Hacker Stole FIFA Video Game Virtual Currency, Feds Say

    A 25-year-old Serbian man allegedly hacked into Electronic Arts Inc.'s computer network and stole the video game company’s licenses and in-game currency for its popular soccer game FIFA 2018, according to court documents filed in California federal court.

  • August 10, 2018

    IP Hires: Montgomery McCracken, Jones Day, Therium

    In this week’s round of intellectual property attorney moves, Montgomery McCracken snagged a powerful IP team from Buchanan Ingersoll, while Jones Day hired a first chair litigator in Silicon Valley, and litigation funder Therium brought a Hogan Lovells partner on board its investment team. Here are the details on these notable hires.

  • August 10, 2018

    True Value Gets Credit Card Reader Patent Suit Dismissed

    An Illinois federal judge has dismissed a suit accusing hardware store chain True Value Co. of infringing a patent for a credit card reader, saying the "paradox" and "circular reasoning" in the claim destroys the plaintiff's arguments for patent infringement.

  • August 10, 2018

    FDA Focus: What Lowenstein's Practice Chair Is Watching

    Lowenstein Sandler LLP’s James Shehan, chair of the firm’s U.S. Food and Drug Administration practice, tells Law360 he's tracking patent litigation over biosimilars, watching for new off-label promotion policies and eyeing innovative approaches to clinical trials. This is the first installment in a series of interviews with FDA practice leaders.

  • August 10, 2018

    Merus Asks High Court To Bat Down Mouse Patent Appeal

    Merus NV has urged the U.S. Supreme Court to keep in place a lower court's decision that rendered Regeneron Pharmaceuticals Inc.'s genetically modified mouse patent unenforceable due to inequitable conduct during infringement litigation, saying its rival is attempting to "rewrite history."

  • August 10, 2018

    McGuireWoods Adds Litigation, Employment Partners

    McGuireWoods has brought husband and wife Yasser and Meghaan Madriz in as partners at the firm's Houston office, bolstering its litigation and labor and employment stable.

  • August 10, 2018

    Qualcomm To Pay Taiwan Watchdog $93M To End Patent Row

    Smartphone chipmaker Qualcomm Inc. on Friday announced a $93 million settlement with Taiwan's antitrust watchdog to resolve claims the company refused to sell local manufacturers chips unless they agreed to the terms of its patent licensing, even as its licensing fight with Apple and regulators around the globe continues unabated.

  • August 9, 2018

    Fed. Circ. Affirms $4.2M Damages, $2M Fees In Game IP Row

    The Federal Circuit on Thursday affirmed a lower court decision ordering MGA Entertainment to pay $4.2 million in damages and $2 million in attorneys' fees for copying another company’s patented game, despite the toymaker’s argument the district court abused its discretion by awarding enhanced damages.

  • August 9, 2018

    Studios' Snub Shows Conspiracy, VidAngel Tells 9th Circ.

    VidAngel Inc. urged the Ninth Circuit to revive the company's antitrust counterclaims in the copyright infringement suit brought by Disney, Lucasfilm and other movie studios, saying during oral arguments Thursday that the refusal of all the major studios to play ball with the family-friendly streaming service supports an inference of a conspiracy among them.

Expert Analysis

  • Trademarks In The Hermit Kingdom Of North Korea

    Jorge Espinosa

    As people begin to consider the possibility of changes in the commercial relationship between North Korea and the United States, businesses and even intellectual property attorneys may realize how little they know about trademarks in North Korea, says Jorge Espinosa of Espinosa Martinez PL.

  • The Emperor Of Alice’s Abstract Wonderland

    Andrew Michaels

    Stepping through Alice’s two-part test for determining whether a patent impermissibly claims an abstract idea often feels like falling down a rabbit hole. In his dissent last week in Interval Licensing v. AOL, Federal Circuit Judge S. Jay Plager proposed two solutions. I support one but am skeptical of the other, says Andrew Michaels, a professor at the University of Houston Law Center.

  • Opinion

    A Clever Scheme To Protect Invalid Patents Has Failed

    John Thorne

    The Federal Circuit's decision in St. Regis v. Mylan rejected tribal sovereign immunity as a defense against the U.S. Patent and Trademark Office's inter partes review process. Had the court ruled in favor of St. Regis, every holder of questionable U.S. patents would be rushing to Native American tribes, seeking deals to shelter possibly bogus rights, says John Thorne of the High Tech Inventors Alliance.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USPTO Incentive Policies Influence Patentability Decisions

    Eric Blatt

    Based on empirical analysis of U.S. Patent and Trademark Office transaction data from 2001 to 2012, we found that USPTO human resource policies may increase the rate at which examiners issue allowances. Applying strong quality incentives may mitigate this effect, say Eric Blatt of ​​​​​​​Rothwell Figg Ernst & Manbeck PC and Lian Huang of Bookoff McAndrews PLLC.

  • An Opportunity For High Court To Clarify Trademark Issue

    Mansi Parikh

    Trademark owners that have sued the creators of expressive works for infringement have had little success, as evidenced by the recent Ninth Circuit decision in Twentieth Century Fox Television v. Empire. If the U.S. Supreme Court grants review in this case, it would analyze the apparent conflicts between application of the Lanham Act and the First Amendment, says Mansi Parikh of Schumann Hanlon Margulies LLC.

  • The Millennial Juror’s Thoughts On IP

    Johanna Carrane

    Millennials represent more than 25 percent of the U.S. population and grew up immersed in technology. Anyone preparing to face a patent jury should consider how this age group feels about the patent world. Our analysis of 5,000 mock jurors showed two important overall conclusions, say Johanna Carrane and Lynn Fahey of JuryScope Inc.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • The Role Of IP In The Crypto Bubble

    Aaron Parker

    Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.