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Intellectual Property

  • November 9, 2018

    Ed Sheeran, Tim McGraw, Faith Hill Settle Song Theft Suit

    Tim McGraw, Faith Hill and Ed Sheeran have reached a settlement to end a copyright lawsuit in New York federal court that claimed their 2017 single “The Rest of Our Life” was a “blatant note-for-note copy” of an earlier song.

  • November 8, 2018

    PopSugar Can't Nix IP Suit, Instagram Influencer Says

    A law degree-holding Instagram influencer urged a California federal judge Tuesday not to toss her putative copyright infringement class action alleging lifestyle website PopSugar ripped off her Instagram posts, arguing she doesn't have to prove she registered copyrights in the posts to pursue her claims.

  • November 8, 2018

    EVelozcity Can Drive Ahead With No-Poach Contract Row

    Electric vehicle startup Faraday & Future must face claims from rival EVelozcity that it imposed an illegally restrictive contract term that prevented departing employees from recruiting colleagues to another company, a Los Angeles judge ruled Thursday, rejecting Faraday's bid to end the suit on anti-SLAPP grounds.

  • November 8, 2018

    Helsinn Tells Justices Teva 'Badly Misconstrues' On-Sale Bar

    Helsinn on Thursday filed its final brief ahead of oral arguments next month in a U.S. Supreme Court case over the on-sale bar in patent cases, arguing that Teva’s interpretation “badly misconstrues” the America Invents Act.

  • November 8, 2018

    Bombardier Can Keep Software Secret In Fatal Crash Case

    A Texas appeals court on Thursday sided with Kongsberg Inc. and Bombardier Recreational Products Inc. in their bid to keep private their trade-secret software programs in a suit over a fatal three-wheel motorcycle crash, deciding the programs were not essential to the case.

  • November 8, 2018

    Satanic Temple Sues Netflix Over 'Goat-Headed Deity'

    Netflix and Warner Bros. Entertainment Inc. were hit with a copyright lawsuit in Manhattan federal court Thursday from a religious group called the Satanic Temple, over the appearance of "an androgynous goat-headed deity" in the show "The Chilling Adventures of Sabrina."

  • November 8, 2018

    Del. Jury Finds Flexus Took Incyte Secrets, Nixes Damages

    A Delaware jury agreed Wednesday that Flexus Biosciences Inc. and two top officers misappropriated cancer drug trade secrets from Incyte Corp., but rejected unjust enrichment claims that could have rung up a more-than-$1 billion damage award.

  • November 8, 2018

    Exforge Deal ‘More Pernicious’ Than Actavis, Court Told

    An alleged deal between Novartis and Par Pharmaceutical to delay a generic of hypertension medication Exforge is illegal because it was far more anticompetitive than what the U.S. Supreme Court dealt with in its landmark Actavis decision, Walgreens and Kroger told a New York federal court Wednesday.

  • November 8, 2018

    Wi-Fi One Takes Broadcom Patent Dispute To High Court

    The Federal Circuit skirted fundamental legislative standards when it upheld a patent board ruling that Broadcom Corp.’s challenges to Wi-Fi One LLC’s messaging patents were not time-barred, Wi-Fi One argued in a bid for a U.S. Supreme Court review of the decision.

  • November 8, 2018

    Architectural Firm Tries To Duck Stadium Roof Design Suit

    A Michigan-based architectural firm has asked a New York federal court to dismiss a suit alleging it and other firms stole designs for retractable stadium roofs, saying the district has no jurisdiction over the firm since it has no employees or place of business there.

  • November 8, 2018

    Cooley Can Stay In Trade Secrets Suit Over Genomics Data

    Cooley LLP can continue representing a former executive in a trade secrets suit brought by a health and genetics data company, a California federal judge ruled on Thursday, finding no conflict of interest arising from the firm’s representation of the company in a previous trade secrets dispute.

  • November 8, 2018

    McCarter & English Adds IP Duo In Boston

    McCarter & English LLP has added a pair of attorneys experienced in life sciences as intellectual property partners in its Boston office, the firm has announced.

  • November 8, 2018

    Insurer Sues To Duck Covering Stanley Cup Stein TM Suit

    Sentinel Insurance Company Ltd. on Wednesday sued two companies that sell beer steins resembling the Stanley Cup to avoid paying for their defense in a trademark infringement suit brought by the National Hockey League, telling an Illinois federal court that a litany of exclusions apply to bar coverage.

  • November 7, 2018

    Samsung Infringed Licensing Co.'s Patent, Owes $5.9M

    An Eastern District of Texas jury has slapped Samsung with a $5.9 million verdict, finding it infringed two claims of German intellectual property licensing company Papst’s patent covering data transfers that occur in smartphones and tablets.

  • November 7, 2018

    Jurisdiction Hearing Ordered In Fla. Trade Secrets Suit

    A Florida state appeals court said Wednesday that a lack of “essentially undisputed” facts presented by software maker Citrix Systems and former North Carolina-based employees it sued for allegedly misappropriating trade secrets necessitates a hearing to determine whether Florida courts can hear the case.

  • November 7, 2018

    Fed. Circ. Upholds PTAB Nix Of Blood-Clotting Patent

    The Federal Circuit on Wednesday upheld a ruling by the Patent Trial and Appeal Board invalidating a patent for treating blood clotting by administering an active form of the blood thinner Plavix, agreeing with the board that the patent was obvious in light of prior art.

  • November 7, 2018

    Trump's Acting AG Linked To Patent Scam Shuttered By FTC

    Matthew G. Whitaker, whom President Donald Trump appointed acting attorney general Wednesday after firing Jeff Sessions, served as a board member at a so-called invention promotion company that the Federal Trade Commission shut down last year on allegations that it “bilked millions from consumers.”

  • November 7, 2018

    Alibaba Beats Cryptocurrency Co.’s Bid To Dismiss TM Suit

    A New York federal judge on Wednesday rejected a bid by a cryptocurrency company called the Alibabacoin Foundation to dismiss a trademark suit by the Chinese digital commerce company Alibaba Group Holding Ltd., saying he has already made clear that the case has legs.

  • November 7, 2018

    HTC Compelled To Arbitrate Antitrust Claims, Past SEP Rates

    A Texas federal court on Wednesday granted a request from Ericsson Inc. to arbitrate HTC America Inc.’s claims that it overpaid in the past for cellular and wireless standard-essential patent licenses, separating them from HTC’s bid to get a better rate set moving forward.

  • November 7, 2018

    SAG-AFTRA Can't Silence Musician's Suit Over Service Fees

    A songwriter’s putative class action alleging the Screen Actors Guild‐American Federation of Television and Radio Artists overcharged session musicians and backup singers largely survived dismissal Tuesday as a California federal judge found most claims were properly stated.

Expert Analysis

  • Patent Dance Developments: A Tale Of 2 Antibodies

    Ted Mathias

    For abbreviated biologic license applicants that elect to engage in the patent dance process, recent federal litigation for the antibodies trastuzumab and adalimumab in California and Delaware points to different approaches that parties can take, say attorneys at Axinn Veltrop & Harkrider LLP.

  • FRAND And Antitrust: Misconceptions Vs. Reality

    Thomas Cotter

    If you read about the role of antitrust law in regulating the conduct of standard-essential patent owners, you may find yourself a bit confused over exactly what that role is. The current state of the law is more nuanced than recent discussions suggest, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Cooperation In The US-China Race For AI Domination

    Rodger Sadler

    The U.S. and China are leading the charge on artificial intelligence. But if both try to double-lock their doors when it comes to developing and owning the technology, they run the risk of locking into mediocrity, say Rodger Sadler of Cote Capital and Chuan Shen of China's Intellectual Property Publishing House.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 1st Circ. Weighs In On Uninjured Class Members Issue

    Alden Atkins

    In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.

  • Trademark Confusion And The Confusing Eveready Survey

    Rebecca Kirk Fair

    While deciding to admit a Squirt survey in the trademark dispute Hypnotic Hats v. Wintermantel​, a New York federal court also dismissed the potential use of an Eveready​ ​survey because the senior mark is not "top of mind." This assertion, ​presented as if it were a settled matter, is in reality somewhat contentious, say members of Analysis Group Inc.

  • The Changing Supreme Court Could Change IP Law

    William Atkins

    Only a small minority of the U.S. Supreme Court has been concerned with the “administrative threat” in intellectual property law, but that may grow with the addition of Justices Neil Gorsuch and Brett Kavanaugh, say ​​​​​​​William Atkins and Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Inventor's Case Highlights Appeal Option For Rejected Patent

    Pauline Pelletier

    ​When a rejected patent​ application ​is appealed to the Patent Trial and Appeal Board​ unsuccessfully, ​the standard next step is Federal Circuit appeal. ​But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.​