Intellectual Property

  • December 14, 2017

    Fitbit, Jawbone Announce Deal To End Sprawling IP War

    Rival wearable fitness device makers Fitbit Inc. and Jawbone told a California federal judge Thursday that they’d reached a settlement agreement resolving their multifront intellectual property war, requesting and subsequently receiving dismissal of a patent infringement suit Fitbit had brought against its competitor.

  • December 14, 2017

    3 Takeaways As Fed. Circ. Limits Biosimilar Lawsuits

    The Federal Circuit on Thursday averted potential chaos by not letting drugmakers use a wide variety of state laws to extract biosimilar manufacturing information from rivals, and its ruling will turn attention to what sort of information rivals must provide under federal law.

  • December 14, 2017

    ITC To Probe Intraoral Scanners Over Patent Infringement

    The U.S. International Trade Commission said Thursday it will be kicking off an investigation into intraoral scanners for dental and orthodontic treatments, after dental products maker Align Technology Inc. accused a Danish rival last month of infringing its patents for certain scanners.

  • December 14, 2017

    USPTO To Launch New Patent App E-Filing System In 2018

    The U.S. Patent and Trademark Office will roll out a new electronic filing system for patent applications early next year that it says is more "user-friendly" and will allow applicants to file and view their documents in one location.

  • December 14, 2017

    Jaguar Denied $2M In Fees From Tech Owners In IP Fight

    A Delaware federal judge on Thursday rejected Jaguar’s bid to squeeze $2 million in attorneys’ fees out of two owners of a tech company that sued the car giant for intellectual property theft, ruling the court could not enforce judgment on people not named in the suit.

  • December 14, 2017

    Design Patent Case Not Ready For Appeal, Judge Told

    A loading dock maker urged a Wisconsin federal judge not to allow an immediate appeal in a design patent case, saying the Federal Circuit has made clear it’s not ready to address a question left open by the U.S. Supreme Court’s recent decision in Samsung v. Apple.

  • December 14, 2017

    Pearson Says Flash Card Site Ignores Copyright Law

    Pearson Education filed suit Wednesday in Indiana federal court against the owner of an interactive flash card-sharing site, alleging that the owner "thumb[ed] his nose at copyright law" by exploiting pirated test banks from the publishing company for personal profit.

  • December 14, 2017

    Court OKs 2nd Swing At Ripken Baseball Camps In IP Fight

    A Maryland federal court on Wednesday granted a company suing Cal Ripken Jr.'s baseball camps a chance to amend its suit against the retired player's camps over patent infringement, finding that adding other Ripken-owned camps would not prejudice the company.

  • December 14, 2017

    Cisco’s Acts In IP Row Don’t Seem 'Egregious,' Judge Says

    A California federal judge indicated Thursday that she’d likely toss willful infringement allegations from Finjan Inc.’s suit accusing Cisco Systems Inc. of buying and using technologies from a smaller company that infringe its cybersecurity patents, saying she didn’t see “egregious conduct” in the pleadings.

  • December 14, 2017

    New Player Rights Credo Covers Arbitration, Likenesses

    All athletes should have the right to a grievance process in which they have an equal say about the choice of arbitrator and have complete ownership over their name, image and likeness, according to new benchmark principles released Thursday by a group of major international sports players unions.

  • December 14, 2017

    Senate Panel Advances USPTO Head, US Attorneys

    The Senate Judiciary Committee approved President Donald Trump's pick to head the U.S. Patent and Trademark Office on a voice vote Thursday, along with nominees for five U.S. attorney positions.

  • December 14, 2017

    MVP: Hughes Hubbard's James Dabney

    Hughes Hubbard & Reed LLP’s James Dabney persuaded the U.S. Supreme Court to put limits on where patent lawsuits can be filed, a decision that upended almost 30 years of established practice and has changed the patent litigation map, earning him a spot among Law360’s 2017 Intellectual Property MVPs.

  • December 14, 2017

    Biosimilar Act Trumps State Laws, Fed. Circ. Rules

    The federal biosimilars act prevents drugmakers from using state laws to punish rivals for withholding information about copycat products, the Federal Circuit ruled Thursday.

  • December 13, 2017

    Waymo-Uber IP Suit Sparked DOJ Probe, Letter Reveals

    Federal prosecutors have launched a criminal investigation in the wake of Waymo’s California federal lawsuit alleging Uber stole self-driving car trade secrets from the Alphabet subsidiary, according to a U.S. Department of Justice letter to U.S. District Judge William Alsup unsealed Wednesday.

  • December 13, 2017

    Arbitrator Should Hear T-Mobile IP Row, 4th Circ. Says

    A Fourth Circuit panel decided Wednesday to uphold a lower court’s ruling on allegations of trademark infringement against T-Mobile US Inc., dismissing Simply Wireless Inc.’s complaint after finding that it signed an agreement to allow an arbitrator to resolve all arbitrability disputes.

  • December 13, 2017

    Uber Board Shirked Duty In OK'ing $680M Otto Buy, Suit Says

    An Uber shareholder on Wednesday launched a derivative lawsuit against the ride-hailing app’s founder, Travis Kalanick, and other directors in Delaware state court, claiming the top brass got Uber into legal trouble by recklessly approving the $680 million acquisition of a company founded by a former Google engineer.

  • December 13, 2017

    Knife Co. Seeks To Claw Back $29M From Knockoff Seller

    Swiss army knife maker Victorinox AG filed suit in Texas federal court Tuesday alleging that rival B&F System Inc. fraudulently transferred $29 million and valuable intellectual property during a separate trademark infringement suit Victorinox filed against the company.

  • December 13, 2017

    Pod Hotel Chain Says PodShare Rival Infringing TM

    The New York-based operator of The Pod Hotels chain sued PodShare Inc. on Tuesday in California federal court, alleging the Los Angeles-located competitor’s use of the term "pod hotel" to describe its rentable spaces confuses and misleads consumers and infringes its trademarks.

  • December 13, 2017

    TTAB Won't Register 'Fall Harvest' As Coffee Trademark

    The Trademark Trial and Appeal Board on Monday refused to register “Fall Harvest” as a trademark for coffee, ruling that the name is confusingly similar to a line of “Autumn Harvest Blend” from coffee giant Keurig Green Mountain.

  • December 13, 2017

    Amazon’s Bid To Shake IP Suit On Hold For EBay Arguments

    A California judge on Wednesday paused’s effort to nix an auto parts maker’s allegations that the online retailer violated a state trade secrets law by selling counterfeit versions of its products, saying she’ll rule after co-defendant eBay argues a similar motion in January.

Expert Analysis

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.

  • The Case Of New York’s 5Pointz: Who Owns Graffiti Art?

    Roberta Jacobs-Meadway

    Last month, a New York district court ruled in Cohen v. G&M that a real estate developer's demolition of famous graffiti space 5Pointz violated an obscure federal statute. This ruling may represent an expanded conception of what visual art qualifies for protection under the Visual Artists Rights Act, says Roberta Jacobs-Meadway of Eckert Seamans Cherin & Mellott LLC.

  • PTAB Changes Begin To Help Inventors

    Russell Slifer

    The past year has seen significant changes to all practice areas before the Patent Trial and Appeal Board. Many of these changes are positive for patent owners, innovators, inventors and the U.S. patent system, says Russell Slifer, a principal at Schwegman Lundberg & Woessner PA and former deputy director of the U.S. Patent and Trademark Office.

  • IP Protection Tips For Connected And Autonomous Vehicles

    Clinton Brannon

    The best intellectual property strategy to protect connected and autonomous vehicle developments will depend on multiple factors. With appropriate planning, a company may successfully employ a strategy involving both patents and trade secrets to maximize the chances of protecting innovation, say attorneys with Mayer Brown LLP.

  • Be Less Skeptical Of China's Patent Enforcement Strength

    Junqi Hang

    From the perspective of venue availability, continued skepticism over China's patent enforcement strength is unwarranted. After all, China is increasingly a preferred venue for patent litigation, even for U.S. patent owners — maybe more so since the U.S. Supreme Court's TC Heartland ruling, say Junqi Hang and Qingfen Hao of Dragon Intellectual Property Law Firm.

  • New Defense IP Provisions Will Impact Contractor Data Rights

    Mary Beth Bosco

    Contractors need to prepare for the 2018 version of the National Defense Authorization Act, which includes significant changes to the U.S. Department of Defense approach to acquiring and licensing intellectual property, says Mary Beth Bosco of Holland & Knight LLP.

  • Does Your Rule 12 Motion Based On Fair Use Have A Chance?

    Amelia Brankov

    While Rule 12 motions are tempting because success can bring clients early victory, counsel should think carefully and consider a number of practice pointers before deciding whether doing so is worth the time and expense, say Amelia Brankov and Azita Iskandar of Frankfurt Kurnit Klein & Selz PC.