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Intellectual Property

  • October 5, 2018

    IP Hires: Dentons, O’Melveny, Jeffer Mangels

    In this week’s round of intellectual property attorney moves, Dentons nabbed a trio of Perkins Coie patent litigators, while O’Melveny added a former Paul Hastings IP partner and Jeffer Mangels landed an intellectual property litigator formerly with Glaser Weil. Here are the details on these and other notable IP hires.

  • October 4, 2018

    'Bad Moms' TM Fight Heats Up With Sanctions Bid

    The producer of the film "Bad Moms" asked a Florida federal judge Thursday to sanction a similarly named startup company that organizes events for women and developed a related line of wine and spirits for failing to follow a discovery order in a trademark dispute.

  • October 4, 2018

    Qatar Seeks WTO Talks With Saudi Arabia Over IP Piracy Row

    Qatar has requested World Trade Organization dispute consultations with Saudi Arabia over intellectual property rights owned by the country's nationals, saying Saudi Arabia's imposition of punitive political measures against Qatar has resulted in widespread broadcasting piracy of sports and entertainment network beIN Media Group LLC.

  • October 4, 2018

    2nd Circ. Axes Copyright Suit Against Latin Radio Stations

    A Second Circuit panel on Thursday nixed a music publisher’s attempt to revive a copyright infringement suit alleging that a Spanish-language broadcaster played its songs without permission, upholding a lower court’s finding that the publisher had failed to support its claims that the songs were ever played on the radio.

  • October 4, 2018

    IQVIA Can't Nix Counterclaims In Trade Secrets Suit

    A New Jersey federal judge has refused to dismiss pharmaceutical information technology company Veeva Systems Inc.’s monopoly claims in its countersuit against life sciences data giant IQVIA Inc., ruling Wednesday that it plausibly alleged IQVIA tried to block customer access to its product.

  • October 4, 2018

    T-Mobile Convinces PTAB Much Of Wi-Fi Patent Is Obvious

    The Patent Trial and Appeal Board gutted a Wi-Fi hotspot patent that T-Mobile US Inc. had been accused of infringing, finding Wednesday that numerous claims in the patent were invalid.

  • October 4, 2018

    Synopsys Claims Ubiquiti Destroyed Evidence in RICO, IP Row

    Synopsys Inc. urged a California federal judge Wednesday to sanction Ubiquiti Networks Inc. for allegedly destroying tens of thousands of files relevant to Synopsys' lawsuit that accuses the networking company of using its design software without paying and violating the Racketeer Influenced and Corrupt Organizations Act.

  • October 4, 2018

    Getty Beats Copyright Suit Over Thousands Of Photos

    A New York federal judge on Thursday tossed out a case accusing Getty Images Inc. of "recklessly" selling access to tens of thousands of photos it didn’t own, saying the press agency behind the lawsuit had “nobody to blame but itself.”

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    Siding With Frito-Lay, Fed. Circ. Rejects 'Corn Thins' TM

    Siding with snack giant Frito-Lay Inc., the Federal Circuit issued a ruling Thursday that the brand names "Corn Thins" and "Rice Thins" are too descriptive to be registered as federal trademarks.

  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    Microsoft Joins Patent-Licensing Initiative LOT Network

    Microsoft Corp. has joined LOT Network, a patent-licensing initiative aimed at curbing lawsuits by so-called patent trolls, the group announced Thursday, a high-profile addition for a network that has grown rapidly since launching four years ago.

  • October 4, 2018

    Athena Asks Fed. Circ. To Revive Nixed Biotech Patent

    Athena Diagnostics and Oxford University Innovation Ltd. on Thursday asked a Federal Circuit panel to revive their patent for a test that diagnoses an autoimmune disease based on the presence of certain antibodies, saying a lower court erred in finding the patent covered an ineligible law of nature.

  • October 4, 2018

    Brookstone's $65M Sale Of Airport, Online Retail Biz OK'd

    Bankrupt gadget retailer Brookstone Holdings Corp. received court approval Thursday for a $65 million sale of its remaining retail business consisting of more than 30 airport locations and its website.

  • October 4, 2018

    Jay-Z Copyright Suit Has 'A Real Stench': 2nd Circ. Judge

    A Second Circuit judge hearing appeals of a lower court's decision to throw out a copyright lawsuit against Jay-Z by a man who says he made the logo for the rapper's label Roc-A-Fella Records rebuked the plaintiff's lawyer on Thursday, saying the case "has a real stench to it" and that his advocacy "falls far short" of standards.

  • October 4, 2018

    Pence Slams China For Election Meddling With Tariff Salvos

    Vice President Mike Pence on Thursday forcefully rebuked China for attempting to interfere in the looming midterm elections with retaliatory tariffs and propaganda campaigns, following President Donald Trump's lead and veering the two countries' trade battle squarely into political territory.

  • October 4, 2018

    Energy Data Co. Says Exec Stole Secrets, Helped Competitor

    The energy-market data firm Genscape Inc. has filed suit against a former employee who is now the CEO of a competitor in Colorado federal court over allegations that he stole company secrets that allowed his new employer to bypass years of expensive research.

  • October 4, 2018

    Ex-Morgan Stanley Brokers Want Client Luring Suit Tossed

    Six former Morgan Stanley Smith Barney brokers asked an Illinois federal judge to dismiss a lawsuit from their former employer alleging that they tried to lure former clients to a new firm after jumping ship, saying the suit is based on nothing more than speculation and unenforceable employee agreements and policies.

  • October 4, 2018

    Juul Slams Rivals Over 'Inappropriate' E-Cig Flavors At ITC

    E-cigarette company Juul on Wednesday hit several competitors with a complaint at the U.S. International Trade Commission, accusing them of selling and importing copycats that infringe on its patents and use inappropriate flavors targeted toward children.

  • October 4, 2018

    Quinn Emanuel Nabs Veteran Media Atty From Irell & Manella

    Quinn Emanuel Urquhart & Sullivan LLP has snagged a former Irell & Manella LLP partner and veteran entertainment attorney, who brings with him more than three decades of experience representing blockbuster media companies from Paramount Pictures to Hulu, the firm said Wednesday.

Expert Analysis

  • Opinion

    Congress Shouldn’t Overturn EBay Patent Injunction Standard

    Thomas Cotter

    A bill pending in Congress would overturn the U.S. Supreme Court’s 2006 decision in eBay v. MercExchange, which held that a patent owner that succeeds in proving infringement isn’t automatically entitled to an injunction. To understand why the proposal should be rejected, it’s important to recognize that patent law is all about balance, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Surveying The Cannabis Patent Litigation Landscape

    Tryn Stimart

    As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.

  • Tallying Repetitive Inter Partes Review Challenges

    Steven Carlson

    We analyzed the petitioning practice of the top five filers of inter partes review — Apple, Samsung, Google, Microsoft and LG — and it is clear that serial, overlapping petitions are commonplace at the Patent Trial and Appeal Board, even by a single entity, say Steven Carlson and Ryan Schultz of Robins Kaplan LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.