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Intellectual Property

  • October 11, 2018

    MoMaCha Cafe Can't Escape MoMA's TM Dilution Claim

    A New York federal judge on Wednesday denied an attempt by Manhattan's MoMaCha cafe to toss a trademark dilution claim in a suit brought by the Museum of Modern Art, ruling that MoMA has shown its name is famous.

  • October 11, 2018

    Trump Signs Music Modernization Act Into Law

    President Donald Trump on Thursday signed into law the Music Modernization Act, copyright legislation that will make major changes to how streaming music services such as Spotify and Pandora pay royalties.

  • October 11, 2018

    Payment Processor Says Ex-CEO Stole Company Secrets

    A payment processing company has accused its former CEO and several former employees in California federal court of stealing trade secrets to form a competing payment processing business.

  • October 10, 2018

    9th Circ. Raises Conflict Concerns In Atty’s Sanction Appeal

    Ninth Circuit judges expressed reluctance Wednesday to hear oral argument from an attorney who lost a contentious trade secrets dispute on a terminating sanction, worrying the lawyer was conflicted because if the panel reversed a lower court's decision not to grant attorneys' fees in the case, she could be pitted against her client, Loop AI Labs Inc.

  • October 10, 2018

    US Arrests Chinese Spy For Bid To Steal GE Aviation Tech

    A member of China's intelligence agency has been extradited to the U.S. to face charges of attempting to gather trade secrets from jet engine manufacturer GE Aviation, federal prosecutors announced Wednesday.

  • October 10, 2018

    Investor Says Teva Pharma Lied About Price-Hike Scheme

    A Swedish investment firm Wednesday accused Teva Pharmaceuticals in Connecticut federal court of lying to shareholders about an alleged scheme to pump up its share prices through a series of unsustainable price hikes that ultimately resulted in a spate of antitrust suits and the collapse of its market value.

  • October 10, 2018

    AIA Claim Construction Change To Spur Revamped Strategies

    The U.S. Patent and Trademark Office said Wednesday that America Invents Act reviews will start using the same claim construction standard as district courts beginning Nov. 13, and while the change will not usually result in different outcomes in the reviews, it will reshape strategy for litigants, attorneys say.

  • 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.

Expert Analysis

  • 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.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Design Patent Confusion In Fed. Circ. Maatita Ruling

    Robert Anders

    The Federal Circuit's decision last month in Maatita effectively eliminates the design patent requirement that drawings must enable a person of skill in the art to make and use the invention. The court failed to properly apply statutory standards, leading to an improper result, say Robert Anders of A Design Consultancy and Christopher Rourk of Jackson Walker LLP.