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Intellectual Property

  • January 17, 2019

    Fed. Circ. Won't Halt Patent Appeal During Gov't Shutdown

    The Federal Circuit on Thursday denied the federal government’s bid to delay oral arguments in an appeal of a Patent Trial and Appeal Board decision upholding the validity of an electronic trading patent, despite arguments that Justice Department attorneys could not attend because of the ongoing government shutdown.

  • January 17, 2019

    WTO Panel Set To Examine US-China Patent Battle

    The World Trade Organization has assembled a panel that will weigh the Trump administration’s allegation that China has violated international trade laws with patent rules that purportedly discriminate against foreign technology companies, according to a document published Thursday.

  • January 17, 2019

    9th Circ. Says Critical Webcast Was Nominative Fair Use

    The Ninth Circuit said Tuesday that a financial services firm couldn’t file a trademark lawsuit against a news website that published a critical webcast featuring the company’s name in the title, ruling it a so-called nominative fair use.

  • January 17, 2019

    PTAB Axes Fish Oil Patent In Post-Grant Review

    Seafood company Nippon Suisan Kaisha Ltd. won its challenge in post-grant review to a patent on a process for purifying fish oil on Wednesday, with the Patent Trial and Appeal Board finding many claims in the patent were too vague.

  • January 17, 2019

    Stevens & Lee Nabs Ballard Partner For Tech Co-Chair Role

    A former Ballard Spahr LLP intellectual property partner has joined the ranks of Stevens & Lee PC outside Philadelphia to take on a new role as co-chair of the firm's technology, telecommunications and life sciences practice.

  • January 17, 2019

    Gilstrap Won't Delay HTC's Royalty Row Trial With Ericsson

    U.S. District Judge Rodney Gilstrap on Wednesday shot down HTC's request to delay an upcoming trial in its case alleging Ericsson overcharges for royalties on cellular and wireless standard-essential patents, saying the bid appears to be a "litigation tactic."

  • 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

    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. 

Expert Analysis

  • 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.

  • Automotive Tech In 2018: Legal Trends And Developments

    David Cavanaugh

    The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.

  • Did High Court Overrule Fed. Circ. On Foreign Lost Profits?

    Andrew Michaels

    The Federal Circuit recently agreed to consider whether its decision in Power Integrations v. Fairchild was "implicitly overruled" by the U.S. Supreme Court's WesternGeco ruling. Andrew Michaels of the University of Houston Law Center examines how one may know when a circuit court precedent has been overruled by the Supreme Court.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • What To Expect From 'Scandalous' Trademark Case

    Jennifer Ko Craft

    With the U.S. Supreme Court set to hear the case on Brunetti's "immoral and scandalous" trademark, our money is on Brunetti getting a registration. And the ruling could have an even greater impact than the Tam decision on "disparaging" trademarks, say Jennifer Ko Craft and Hilary Williams of Dickinson Wright PLLC.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.