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Intellectual Property

  • January 17, 2019

    IP Group Of The Year: Jones Day

    The intellectual property team at Jones Day achieved a slew of victories in 2018 but perhaps none more significant than a U.S. Supreme Court ruling that the Patent Trial and Appeal Board must decide the validity of every challenged patent claim when it agrees to institute America Invents Act review, cementing the firm's spot among Law360's IP Groups of the Year.

  • January 17, 2019

    Duane Morris Nabs Wiley Rein's Ex-Head Of Patent Litigation

    Duane Morris LLP has added an intellectual property partner to its Washington, D.C., office who previously chaired Wiley Rein LLP’s patent litigation practice, the firm recently announced.

  • January 17, 2019

    BREAKING: Skadden To Pay $4.6M Over Ukraine Lobbying

    Skadden Arps Slate Meagher & Flom LLP has settled claims by the U.S. Department of Justice over the firm's failure to register lobbying work for the Ukrainian government and agreed to pay more than $4.6 million in fees from the engagement, the DOJ announced on Thursday.

  • January 17, 2019

    Steptoe Nabs Boies Schiller Trial Atty To Co-Head LA Office

    Steptoe & Johnson LLP has hired a Boies Schiller Flexner LLP trial lawyer with experience representing clients in employment, intellectual property and complex commercial disputes to serve as its co-managing partner in its Los Angeles office, the firm announced Wednesday.

  • January 17, 2019

    Ex-Rolling Stone Photog Sues Over Janis Joplin Band Pic

    A photographer best known for his work in the 1960s with the music magazine Rolling Stone sued a Boston music publication Thursday in federal court, claiming the site ripped off his photo of Janis Joplin and her first band, Big Brother and the Holding Company.

  • January 16, 2019

    4 Global Developments Patent Attys Should Know

    Law360’s latest roundup of notable patent developments outside the U.S. includes a stop in Australia, where a court has given new hope to software patent applicants, and China, which is considering a legislative proposal that could lead to larger damages awards.

  • January 16, 2019

    Jay-Z Stalling With Arbiter Diversity Push: Rocawear Owner

    Rocawear clothing owner Iconix Brand Group Inc. told a New York state court that Jay-Z's complaints about the American Arbitration Association's lack of diversity in an intellectual property dispute are an attempt to dodge arbitration "masquerading as a crusade to create further diversity."

  • January 16, 2019

    Match Accuses Tinder Co-Founder Of Swiping Trade Secrets

    Tinder co-founder Sean Rad violated trade secret protection agreements by making copies of his work emails and other documents, Tinder owner Match Group Inc. and its parent company said in a suit filed in New York state court.

  • January 16, 2019

    Texas Anti-SLAPP Law Ruled Inapplicable In Federal Court

    A Texas federal judge ruled Wednesday that Texas’ anti-SLAPP law does not apply in federal court, denying Neology Inc.'s motion to dismiss a $1 million lawsuit alleging the RFID technology company published false claims that a rival company stole trade secrets.

  • January 16, 2019

    High Court Urged To Keep Standing Limits On PTAB Appeals

    Auto parts maker JTEKT Corp. does not have constitutional standing to bring its case challenging rival GKN Automotive Ltd.'s favorable decision from the Patent Trial and Appeal Board up to the federal courts as the Japanese company would not be injured by the patent, GKN said in its U.S. Supreme Court brief.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    J&J Renews Bid To End Antitrust Suit From Walgreens, Kroger

    Johnson & Johnson told a Pennsylvania federal judge Tuesday that Walgreens and Kroger can't bring antitrust claims against it for allegedly inflating prices and suppressing competition for its drug Remicade, reiterating its argument that the retailers didn't directly purchase the drug from J&J.

  • January 16, 2019

    Shoe Co. Wins PTAB Challenge To Light-Up Footwear Patents

    The Patent Trial and Appeal Board on Wednesday invalidated a shoe company’s patents for light-up sneakers after a rival shoemaker, Stride Rite Children’s Group LLC, challenged the patents in inter partes review, finding the claims to be obvious in light of previous inventions.

  • January 16, 2019

    Beyoncé Drops TM Lawsuit Over 'Feyoncé' Merchandise

    A New York federal court on Wednesday tossed, at Beyoncé’s request, a case in which the singer sought to shut down a line of “Feyoncé” merchandise aimed at newly engaged women, more than three months after she failed to secure a quick win.

  • January 16, 2019

    No Winner, No Loser In Steamboat Trademark Row

    Two boat companies that had fought for years over claims they infringed each other's trademarks found out from a Delaware federal jury Wednesday that their entire fight was for nothing — no one's trademarks were infringed at all. 

  • January 16, 2019

    High Court Urged To End Appeals Of AIA Time-Bar Rulings

    The parent company of Yellowpages.com has asked the U.S. Supreme Court to overturn two en banc Federal Circuit decisions allowing appeals of rulings that inter partes review petitions were filed on time, saying the appeals court is “running roughshod” over the America Invents Act.

  • January 16, 2019

    Napster Settles Songwriter Lawsuit Over Unpaid Royalties

    The company that currently operates Napster reached a settlement Tuesday in California federal court to end one of several class actions that claimed streaming music services had failed to pay millions in so-called mechanical royalties to songwriters.

  • January 16, 2019

    Fed. Circ. Upholds USPTO Rejection Of Africa-US Design TM

    The Federal Circuit on Wednesday upheld the Trademark Trial and Appeal Board’s refusal to grant registration to a black-owned e-commerce company’s mark that overlaid an outline of the U.S. on top of an outline of Africa, rejecting the company’s argument that the board’s decision wrongly “discounts the experiences of an entire racial group.”

  • January 16, 2019

    High-Tech Parts Maker Claims Rival Stole Trade Secrets

    A high-tech parts manufacturer has accused electronics contract maker Foxconn and some of its associates of stealing exclusive designs for special connectors used in computers and automotive systems.

  • January 16, 2019

    IP Group Of The Year: Kirkland

    Kirkland & Ellis LLP scored a victory on behalf of Fox News in a closely watched copyright case against a television search engine, and also secured a $93 million patent win for Schlumberger Ltd. unit WesternGeco, landing it a spot as one of Law360's IP Groups of the Year.

Expert Analysis

  • What Cannabis Patent Applicants Can Learn From Biopharma

    Pauline Pelletier

    The patent landscape for cannabis is conforming roughly to that of traditional biopharma in terms of the rejections being raised and how they are being overcome, say Pauline Pelletier and Deborah Sterling of Sterne Kessler Goldstein & Fox PLLC.

  • UK Patent Law: Hot Topics Of 2018 And What's Ahead

    Jin Ooi

    English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.

  • Opinion

    Time For High Court To Clarify Standing For IPR Appeals

    Charles Macedo

    The U.S. Supreme Court should agree to review the Federal Circuit’s standing jurisprudence in JTEKT v. GKN, and confirm a “dissatisfied” petitioner’s right to challenge an inter partes review decision, as set forth by Congress, say attorneys with Amster Rothstein & Ebenstein LLP.

  • A 9th Circ. Shift On Timing For Class Cert. Motions

    Neal Ross Marder

    With its recent decision in ABS Entertainment v. CBS Corp — striking down a local rule that governs the time period for filing a motion for class certification — the Ninth Circuit created a major change to class actions in the Central District of California, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Murky Parts Of The New USPTO Patent Eligibility Guidance

    Lawrence Ashery

    While the U.S. Patent and Trademark Office's 2019 revised patent subject matter eligibility guidance is a well-written document that relies on considerable case law to support its position, it has certain limitations, says Lawrence Ashery of Caesar Rivise PC.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Illustrating The New USPTO Guidance With A Flowchart

    Stephen Glazier

    The U.S. Patent and Trademark Office's 2019 revised patent eligibility guidance can be summarized and restated as a process of four sequential questions to apply the Alice-Mayo test for a Section 101 analysis, says Stephen Glazier of Akerman LLP.