Intellectual Property

  • May 15, 2018

    Sens. Push Trump Not To Give Away Cheese Names In NAFTA

    Two dozen U.S. senators urged the Trump administration to protect the use of common cheese names in the North American Free Trade Agreement Tuesday, expressing consternation that a bilateral deal between the European Union and Mexico could clamp down on U.S. dairy producers.

  • May 15, 2018

    Nobody Will Confuse 'MoMaCha' With MoMA, Cafe Says

    A Manhattan cafe is fighting a trademark lawsuit brought against it by the Museum of Modern Art in New York federal court, arguing that MoMA’s bid to stop the cafe from using similar marks fails to show the museum will be irreparably injured or consumers will be confused by their use.

  • May 15, 2018

    Related Nixes Claims In Poaching, Trade Secrets Suit

    A New York federal judge on Monday threw out four remaining claims against the Related Cos. in a dispute over the real estate developer’s alleged poaching of a building company’s president and its trade secrets, but said a recent New York state court ruling left the door open for two previously dismissed claims to be revived.

  • May 15, 2018

    Texas Store Buc-ee's Says Competitor Logo Is Too Similar

    Counsel for the popular Texas-based convenience store Buc-ee's told a panel of jurors in federal court in Houston on Tuesday that it was forced to file suit against a rival store because the rival’s logo — a cartoon alligator wearing a cowboy hat — is too similar to Buc-ee's logo of a cartoon beaver wearing a baseball cap.

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    Streaming Music Bill Hits The Right Notes On Capitol Hill

    Famous musicians, bipartisan lawmakers and rival industry groups all voiced support at a Senate hearing Tuesday for a package of copyright amendments that would make major changes to how streaming music services such as Spotify pay royalties.

  • May 15, 2018

    Biotech Co. Wins $14.5M Verdict Over Modified Yeast Patent

    A Wisconsin federal jury awarded a $14.5 million verdict to a Netherlands-based biotechnology firm over allegations that two yeast producers infringed its patent covering genetically modified yeast cells that boost ethanol production.

  • May 15, 2018

    2nd Circ. Won't Rehear TVEyes Fair Use Case

    The full Second Circuit on Monday refused to reconsider its February ruling that the media-monitoring service TVEyes violated copyright law by offering a search engine of video clips from Fox News and others.

  • May 15, 2018

    Startup Marshmallow Squashes Marsh In Trademark Dispute

    Insurance broker Marsh Ltd. has lost its bid to block the registration of a trademark lodged by London-based startup Marshmallow Financial Services Ltd., after the U.K. Intellectual Property Office found that the disputed marks convey "entirely different" meanings.

  • May 14, 2018

    Longtime Zorro IP Holder To Cross Swords Over Play At Trial

    The production company that has long held the rights to Zorro is facing a trial accusing it of infringing copyrights for a musical about the masked swordsman after a California federal judge ruled Friday the character is in the public domain.

  • May 14, 2018

    Apple, Samsung Select Jury In Silicon Valley IP Damages Trial

    Attorneys for Apple and Samsung traded juror challenges on Monday at the start of a high-profile California federal trial to determine how much Samsung owes for infringing five of Apple's design and utility patents, winnowing 74 candidates down to a final panel of eight.

  • May 14, 2018

    Brand-Name Drug Cos. Not Liable For Generics' Tags In W.Va.

    The West Virginia Supreme Court has held that, under state law, a consumer cannot bring failure-to-warn claims against a maker of a brand-name drug when a generic drug manufacturer made the drug, siding with Janssen Pharmaceuticals Inc. in a suit over a generic version of an antibiotic.

  • May 14, 2018

    Justices Vacate Fed. Circ. IP Ruling, Pass On Eyeing Others

    The U.S. Supreme Court on Monday declined to hear several cases involving intellectual property matters, such as a trademark fight between furniture manufacturing rivals, while vacating a Federal Circuit ruling involving a web page authentication patent that focused on covered business method reviews conducted by the Patent Trial and Appeal Board.

  • May 14, 2018

    Olympic Skater Seeks 9th Circ. Rehearing Of NBC Royalty Suit

    Olympic gold medal-winning ice skater Oksana Baiul asked the Ninth Circuit on Friday to revive her suit seeking royalties from the 1995 airing of “Nutcracker on Ice” on NBC, saying the appeal panel relied on a dead, discredited precedent.

  • May 14, 2018

    Giants, Manning Reach Deal In Memorabilia Suit With Dealer

    The New York Giants have reached a deal with a sports memorabilia dealer to resolve a New Jersey state court suit alleging the team exposed him to criminal charges to cover up how its equipment staff and quarterback Eli Manning knowingly peddled fake game-worn memorabilia, a team spokeswoman said Monday.

  • May 14, 2018

    Fed. Circ. Revives Patent Suit Over Drilling Waste System

    The Federal Circuit on Monday revived a patent lawsuit against Brazil’s Dynamic Air Ltda. over systems it installed on ships to transport oil drilling waste, overturning a ruling that a rival said created a blueprint for companies to avoid infringement cases.

  • May 14, 2018

    Fed. Circ. Affirms IBM Did Not Infringe Web Page Patents

    The Federal Circuit found on Friday that IBM did not infringe two patents involving web page development, affirming a lower court’s ruling in favor of the tech giant.

  • May 14, 2018

    Fed. Circ. Nixes Venue Ruling Against ZTE In Texas IP Row

    The Federal Circuit on Monday tossed an Eastern District of Texas ruling that ZTE could be sued in the district for allegedly infringing American GNC Corp. patents because it had contracted with a call center in Plano, finding that the lower court wrongly placed the burden on the telecom company to show improper venue.

  • May 14, 2018

    Fed. Circ. Upholds Toenail Drug IP Nix After Bass Challenge

    Anacor Pharmaceuticals Inc. on Monday lost its bid at the Federal Circuit to revive part of a patent covering toenail fungus treatment Kerydin, which the Patent Trial and Appeal Board invalidated after a challenge from a group started by hedge fund manager Kyle Bass.

  • May 14, 2018

    Synergy Says Schlumberger, NOV Trying To Steal Its Tech

    Synergy Industries LP has filed a lawsuit accusing oilfield service company giants — National Oilwell Varco LP and Schlumberger Technology Corporation — of conspiring to rip off its proprietary wireline truck technology, in violation of a contract Synergy and Schlumberger have been operating under since 2012.

Expert Analysis

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Timing Of Priority Claims In China Vs. US

    Junqi Hang

    While the Federal Circuit's 2016 ruling in Immersion v. HTC highlights enhanced willingness in the U.S. to not disturb the validity of many patents merely due to technicalities associated with priority claim assertions, the situation is quite to the contrary in China, as evidenced by the recent Ruike decision, say Junqi Hang and Can Huang of Dragon Intellectual Property Law Firm.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • UK Patent Ruling Sharpens Contrast With US Practice

    Edward Kelly

    The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 2

    Michele Alexander

    The Tax Cuts and Jobs Act has imposed new limitations on a corporation’s ability to take advantage of net operating losses. Certain changes will disproportionately affect media companies, impacting their debt restructuring, acquisition and disposition strategies, say Michele Alexander and Ryan Davis of Bracewell LLP in New York.

  • Fed. Circ.'s Latest Guidance On Method-Of-Treatment Claims

    Preston Ratliff

    This month's decision in Vanda v. West-Ward is the first Federal Circuit opinion to directly speak to the patent eligibility of method-of-treatment claims under the Mayo two-step framework, and builds on the court’s decision in CellzDirect in embracing the importance of step one of the Mayo test, say attorneys with Paul Hastings LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 1

    Shylah Alfonso

    The American Bar Association’s 66th Antitrust Law Spring Meeting included a number of sessions with representatives from federal and state antitrust enforcement agencies. Attorneys with Perkins Coie LLP offer some key takeaways from those sessions.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Enforcing IP Rights In China: A Road Map For US Companies

    Joseph Mueller

    The United States loses between $225 billion and $600 billion each year due to misappropriation of intellectual property — up to 80 percent of which has been attributed to China. When determining how best to protect and enforce IP in China, American businesses should know the powers, limits, and potential remedies available in both Chinese and U.S. forums, say attorneys with WilmerHale.