Intellectual Property

  • March 15, 2018

    Fair-Use Skirmish Between Cravath, Greenberg Rankles Judge

    The Manhattan federal judge handling a fair-use fight over a photo pulled without permission from Instagram and exhibited in New York City gallery chastised two BigLaw firms Thursday after discovery squabbles erupted hours ahead of a long-planned court conference.

  • March 15, 2018

    Long-Running L-3, Serco Subcontract Dispute Tossed

    L-3 Technologies failed to establish that it had any contractual or business expectation of work from Serco Inc., accused of orchestrating an $80 million scheme to cut L-3 out of the loop on an Air Force subcontract, a Virginia federal judge ruled Thursday.

  • March 15, 2018

    Jury Awards $706M Over Appraisal App Secrets Theft

    A Texas state jury awarded $706.2 million on Wednesday to data-analytics startup HouseCanary, agreeing that former collaborator Title Source Inc. brazenly stole proprietary data recipes for home appraisals and comparisons as it allegedly readied to build its own software suite.

  • March 15, 2018

    'Warcraft' Maker Activision Gets PTAB To Kill Gaming Patent

    The Patent Trial and Appeal Board ruled that "World of Warcraft" maker Activision Blizzard had proven that a patent on avatars used in computer games is invalid based on prior art in an America Invents Act inter partes review, according to a decision issued Wednesday.

  • March 15, 2018

    EU Court Kills Pizza Chain's 'Mafia' Trademark

    A European Union court ruled Thursday that a Spanish pizza chain could not register “La Mafia” as a trademark because it "trivializes the serious harm done by that organization."

  • March 15, 2018

    9th Circ. Hears Bid To Revive Stolen IP Suit Against Oculus

    Total Recall Technologies asked a Ninth Circuit panel Thursday to revive fraud and contract claims alleging the founder of Facebook’s Oculus VR stole its 3-D virtual reality headset design, saying a lower court judge erroneously dismissed the suit after one of TRT’s founders signed over rights to the claims.

  • March 15, 2018

    USPTO Looks To Automate Identification Of Prior Art

    The U.S. Patent and Trademark Office is making progress on a plan to streamline the patent examination process through an automated system to identify relevant prior art early in the review, Commissioner for Patents Andrew Hirshfeld said Thursday in Washington, D.C.

  • March 15, 2018

    'Copyright Troll' Atty Ordered To Take Ethics Class

    A Manhattan federal judge decided Wednesday to reduce a $10,000 sanction against a “copyright troll” attorney to $2,000, but only after ordering him to complete training in “ethics and professionalism.”

  • March 15, 2018

    Firms Agree To End Suit Over 'Strong Arm' Trademark

    Two personal injury firms have settled a dispute in Texas federal court over use of the term “The Strong Arm” in advertising, which both firms had used for years but that one had since trademarked, with the judge agreeing to dismiss the case Wednesday.

  • March 15, 2018

    WB Mason Strikes Back Against Dairy Queen 'Blizzard' Suit

    Office supplier W.B. Mason struck back Thursday at Dairy Queen’s accusation that a "Blizzard" brand of bottled water infringed the fast food chain's trademarks, describing the case as a sneak attack filed “in the midst of active settlement discussions.”

  • March 14, 2018

    Harper Lee Estate Sues Over Sorkin Version Of 'Mockingbird'

    Author Harper Lee’s estate accused producer Scott Rudin and writer Aaron Sorkin of mangling her 1960 classic “To Kill a Mockingbird” in a play based on her novel, saying their version breached a contract by changing characters, including the lawyer at the center of the tale, Atticus Finch.

  • March 14, 2018

    Harvard, Micron Settle Patent Row After TC Heartland Ruling

    Harvard University’s Harvard College and Micron Technology Inc. settled their dispute over a pair of computer technology patents after the case was moved from Massachusetts to Delaware federal court because of the landmark TC Heartland U.S. Supreme Court decision.

  • March 14, 2018

    Fed. Circ. Backs PTAB In Upholding Uterine Endoscope IP

    The Patent Trial and Appeal Board rightfully upheld a Smith & Nephew Inc. patent covering a device for removing tissue from the uterus, as an international patent application the company had submitted earlier doesn't count as prior art, the Federal Circuit said Wednesday.

  • March 14, 2018

    9th Circ. Revives Software Co.'s Copyright Suit Against DHL

    The Ninth Circuit on Tuesday revived part of a copyright infringement suit by a California-based software maker against DHL Supply Chain BV, finding that even though DHL is a foreign company, its use of the software in the Golden State was enough to land it in court there.

  • March 14, 2018

    Mayer Brown Gets Litigation Atty From Norton Rose In Texas

    Mayer Brown LLP recently announced it has hired away from Norton Rose Fulbright a commercial litigation partner who specializes in insurance, intellectual property disputes and patent litigation to join its Houston office.

  • March 14, 2018

    Judge Rips Litigation Strategy In Samsung, Huawei IP Row

     A California federal judge said Wednesday that he is inclined to grant Samsung's bid to block a Chinese injunction barring the company from selling smartphones that allegedly infringe two Huawei patents, but he criticized attorneys on both sides for adopting a litigation strategy that doesn't seem to be in the best interest of their clients.

  • March 14, 2018

    PTAB Allows Data Co. To Amend Patent In Apple Challenge

    The Patent Trial and Appeal Board on Tuesday invalidated several claims in a Realtime Data LLC hardware patent related to storage devices following a challenge from Apple, but said that Realtime could amend many of the claims.

  • March 14, 2018

    Tax Court Flubbed Analysis In Medtronic Case, 8th Circ. Told

    The U.S. Tax Court’s analysis of Medtronic Inc.’s license with its Puerto Rican subsidiary doesn’t dig deep enough to explain a transfer pricing method that slashed the medical device maker’s tax bill by hundreds of millions of dollars, an Internal Revenue Service attorney told the Eighth Circuit on Wednesday.

  • March 14, 2018

    Split 9th Circ. Tosses Porn Co. Copyright Suit

    A split Ninth Circuit panel ruled Wednesday that a site hosting user-uploaded pornography was protected by Digital Millennium Copyright Act’s so-called safe harbors, even though it lacked a written policy to terminate users who repeatedly infringed copyrights.

  • March 14, 2018

    What To Know Before Asking The PTAB To Exclude Evidence

    Convincing the Patent Trial and Appeal Board to exclude evidence from America Invents Act reviews is a tall order, according to a new analysis, which shows the PTAB has granted just a fraction of these requests. Despite the daunting numbers, experts said there are still reasons that litigants may be inclined to ask.

Expert Analysis

  • How PTAB Is Defining Printed Publication

    John Strand

    Over the past 10 months, the Patent Trial and Appeal Board has issued dozens of decisions that address whether certain references are printed publications. The many decisions where a document was found not to be a printed publication should serve as guidance to petitioners and patent owners, say attorneys with Wolf Greenfield & Sacks PC.

  • Early Patenting Questions For Public Benefit Corporations

    Michael Messinger

    Public benefit corporations are unique companies in the way they combine for-profit and public benefit aims. Crucial patent strategy issues that all companies face, such as when to obtain patents and how to use patents in the marketplace, take on added complexity for PBCs, say Michael Messinger and Casey Berger of Shami Messinger PLLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Are Works Generated By AI Subject To IP Protection?

    Jason Bloom

    As businesses invest more heavily in AI, they will increasingly turn to intellectual property law to protect their investments. However, many questions currently exist regarding whether AI-generated work can be protected, and who is liable when AI generates infringing work, say Jason Bloom and Stephanie Sivinski of Haynes and Boone LLP.

  • The New USPTO Examiner Manual And 102(e) Prior Art

    Eric Steffe

    The U.S. Patent and Trademark Office’s January 2018 updates to the Manual of Patent Examining Procedure seem to provide guidance that is at odds with Federal Circuit and Patent Trial and Appeal Board precedent on whether Dynamic Drinkware applies to published patent applications, say Eric Steffe and David Holman of Sterne Kessler Goldstein & Fox PLLC.

  • 5 Easy Ways To Improve Your Demonstratives For Trial

    Jason Fowler

    Not all demonstratives are created equal. While lawyers as a group have mastered the art of presenting arguments orally and in writing, there is much room for improvement in how we present arguments visually, says Jason Fowler of Covington & Burling LLP.

  • The Art And Science Of Investigative Questions: Part 5

    David Dolkas

    In the final article in this five-part series, longtime trial lawyer David Dolkas discusses Level One and Level Two investigative questioning.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.

  • Software Case Highlights China's Unique Design Patent Law

    Junqi Hang

    U.S. practitioners with clients who want design patent protection in China should familiarize themselves with the Beijing Intellectual Property Court's opinion in Qihu v. Jiangmin, the very first patent infringement dispute in China involving a graphic user interface design patent, say Junqi Hang and Xianwei Zeng of Dragon Intellectual Property Law Firm.

  • The Art And Science Of Investigative Questions: Part 4

    David Dolkas

    In the fourth article of this five-part series, longtime trial lawyer David Dolkas discusses the Sawatsky method and, specifically, the importance of asking who, what, when, where, why and how questions.