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Intellectual Property

  • 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.

  • May 14, 2018

    Tinder Settles With Top Chinese Dating App To End IP Fight

    The company that owns the dating app Tinder has reached a settlement agreement to drop a sweeping intellectual property lawsuit it filed in March against a rival service billed as “China’s Tinder."

  • May 14, 2018

    Federal Standards 'Not Copyrightable,' DC Circ. Told

    Private industry standards lose copyright protection when they are later turned into mandatory federal regulations, a public records nonprofit asserted in oral arguments Monday in urging a D.C. Circuit panel to upend a decision granting that protection to industry standards that ultimately were incorporated into federal requirements.

  • May 14, 2018

    USTR Prepares For Onslaught Of China Tariff Opposition

    The Office of the U.S. Trade Representative on Monday announced three days’ worth of public hearings at which scores of powerful business groups are expected to voice their opposition to the Trump administration’s plan to counter China’s intellectual property practices with hefty tariffs.

  • May 11, 2018

    VTech Monitors Violate Video Control Patent, Camera Co. Says

    Childrens toymaker VTech was hit with a lawsuit in Illinois federal court Friday, saying some of the company’s baby monitors infringe a patent Wyoming-based Secure Cam says it holds on the type of live-video transmission controls the products use.

  • May 11, 2018

    Microsoft's Win Reduced, Atty Fees Denied In Corel IP Spat

    A California federal judge has reduced an award for Microsoft from a jury that found Corel willfully infringed its Office software patents, dropping the payout from $287,000 to $124,000, and declined to make Corel pay Microsoft’s attorneys' fees, saying there was nothing exceptional about the case.

  • May 11, 2018

    Cal Ripken Baseball Camps Win Pitching Machine Patent Suit

    Retired Baltimore Orioles legend Cal Ripken Jr.'s baseball-camp operation has defeated claims that its pitching machines infringed two patents after a Maryland federal judge found that the camps' use of radiofrequency identification technology differed from what's described in the patents. 

  • May 11, 2018

    US Gov't Hit With $100M Class Action Over AIA Reviews

    The U.S. government has been hit with a $100 million lawsuit alleging the cancellation of patents in America Invents Act reviews represents an unconstitutional taking of property rights.

  • May 11, 2018

    Fed. Circ. Tells PTAB To Look Again At Eye Solution Patent

    The Federal Circuit has thrown out a post-grant review decision upholding an eye solution patent challenged by Altaire Pharmaceuticals Inc., although one judge questioned whether the drugmaker had standing to appeal the Patent Trial and Appeal Board’s decision.

Expert Analysis

  • What’s Next For Embedded Tweet Copyright Case

    Marcus Chatterton

    If the Second Circuit affirms the Goldman v. Breitbart decision that embedded content may constitute copyright infringement, it will create more burdens on publishers and journalists, and it may invite some creative defenses under the Digital Millennium Copyright Act, says Marcus Chatterton of Balch & Bingham LLP.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Patent-Marking Rules For Settling Parties After Arctic Cat

    Louis Touton

    Until recently it was not clear which party bears the burden of proving whether an asserted patent covers licensees’ products that are not marked. The Federal Circuit's decision in Arctic Cat v. Bombardier may change the way both parties approach settlement agreements, say Louis Touton and Andrea Jeffries of Jones Day.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Polaris And The Return Of The Utility Requirement

    Michael Rounds

    For the vast majority of the 1952 Patent Act’s history, the requirement that an invention possess “utility” has been such a low bar as to effectively be nonexistent. Perhaps the tension highlighted in the Federal Circuit's Polaris v. Arctic Cat decision will prove the impetus needed to brush the dust off of the utility requirement in future cases, say Michael Rounds and Adam Yowell of Brownstein Hyatt Farber Schreck LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 1

    Michele Alexander

    While the media has been reporting on tax reform, tax reform will impact the media industry itself. Reform's effects are numerous, from a reduction in tax rates and new deductions to the loss of important deductions and new international regimes that have kept tax experts waiting in anticipation of further guidance, say attorneys Michele Alexander and Ryan Davis of Bracewell LLP.

  • Opinion

    Congress' Fix To Tribal Sovereign Immunity Misses The Point

    Caso (2).jpg

    Congress recently introduced a bill to strip Native American tribes of sovereign immunity on issues relating to patents, but this proposed law only delays resolution of the confusion over a real problem on new attacks on pharmaceutical patents, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.