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Intellectual Property

  • November 13, 2018

    Google Asks Full Fed. Circ. To Review Denied Venue Change

    Google LLC asked the full Federal Circuit on Tuesday to reconsider a decision it issued two weeks ago that allowed a patent lawsuit against it to remain in the Eastern District of Texas, arguing the ruling is based on a flawed understanding of what constitutes a "place of business."

  • November 13, 2018

    'Narcos' Production Co. Seeks Toss Of Copyright Suit

    A Colombian production company argued Monday that a Florida federal court lacks authority over it in a lawsuit alleging that it, Netflix and the other producers of the popular series "Narcos" infringed copyrights covering a former journalist's best-selling memoir that detailed her romantic relationship with drug kingpin Pablo Escobar.

  • November 13, 2018

    As Amazon Goes Elsewhere, Pittsburgh To Release HQ2 Bid

    Now that Amazon has announced it will split its second headquarters between New York and northern Virginia, Pittsburgh and Allegheny County are dropping their effort to keep their bid for the giant project secret and will release at least part of it to the public soon, Mayor Bill Peduto said Tuesday.

  • November 13, 2018

    3 Things You Need To Know About The SUCCESS Act

    President Donald Trump recently signed legislation that extends the ability of the U.S. Patent and Trademark Office to set patent and trademark fees and requires a report looking at patents issued to women and minorities. Here are three things you need to know about the SUCCESS Act.

  • November 9, 2018

    9th Circ. Ends Oft-Heated Trade Secrets Suit Against Ex-CEO

    A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.

  • November 9, 2018

    Fed. Circ. Says Inventors Can Challenge IP They've Created

    Inventors who reassign their rights in a patent may still subsequently challenge the validity of the intellectual property’s claims in reviews before the Patent Trial and Appeal Board, the Federal Circuit held Friday in a case involving a Cisco patent covering Ethernet switch products.

  • November 9, 2018

    Fed. Circ. Hands GE Another Win Over Jet Engine Patents

    The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that invalidated claims in three United Technologies Corp. patents covering aircraft engines, handing another win to General Electric Co. in the rivals’ patent fight.

  • November 9, 2018

    Fed. Circ. Tells PTAB To Look At NuVasive Patent Again

    The Federal Circuit on Friday tossed a Patent Trial and Appeal Board decision invalidating a NuVasive patent covering a procedure for spinal surgery as obvious, finding that the board had interpreted a term too broadly and sending the case back for reconsideration.

  • November 9, 2018

    What To Expect As PTAB Swaps Claim Construction Standard

    After six years and thousands of patent reviews, the Patent Trial and Appeal Board is ditching its claim construction standard in favor of the more narrow standard used in district court. Here, Law360 takes a look at how we got here and what to expect moving forward.

  • November 9, 2018

    Attys Accused Of Scamming Artist Out Of Life Story Rights

    A New Jersey janitor turned successful artist has sued two partners of a north New Jersey law firm, claiming they manipulated him into signing over the rights to his life story to them for $10 after a Hollywood movie producer indicated he was interested in adapting it.

  • November 9, 2018

    Weinstein Successor Reaches $3M Deal On ‘Yellowstone’

    The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.

  • November 9, 2018

    Brand Battles: Adidas, Ohio State, 'Black Panther,' Yankees

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Adidas picks a fight with Ohio State University over a stripe on football helmets, Disney's Marvel aims to block a "Wakanda Wine Fest," and the New York Yankees say a "WS NY" brand could be mistaken for something related to the World Series.

  • November 9, 2018

    Sens. Seek White House Backing For Pay-For-Delay Drug Bill

    Sens. Amy Klobuchar, D-Minn., and Chuck Grassley, R-Iowa, pointed to President Donald Trump’s criticism of high drug prices to ask for White House support for their latest version of a bill aimed at outlawing most so-called pay-for-delay deals between brand drugmakers and their would-be generic competitors.

  • November 9, 2018

    HTC Must Prove Ericsson’s SEP Royalties Breach: Gilstrap

    A Texas federal judge has agreed with Ericsson Inc. that HTC America Inc. bears the burden of proof for its claims that the Swedish telecom breached its obligation to license standard-essential patents for cellular and wireless technology on fair, reasonable and nondiscriminatory terms.

  • November 9, 2018

    Metal Band Drummer Loses DQ Appeal Targeting Guitarist Atty

    The former drummer for glam metal rockers Ratt can’t stop the music on the ex-lead guitarist’s relationship with his current lawyer, a California appeals court said Thursday.

  • November 9, 2018

    Fairchild Owes Rival $24M For Tech Patent Infringement

    A Delaware jury awarded Power Integrations Inc. more than $24 million in damages Friday after finding that competitor Fairchild Semiconductor International willfully infringed its patents for frequency jitter technology and induced third parties to infringe the patents as well.

  • November 9, 2018

    Real Estate Co. Must Pay $28.8M After Ripping Off Plans

    A Texas federal judge has ordered a real estate company to pay $28.8 million to an architectural design firm after a jury found that the property business violated the Digital Millennium Copyright Act 11,516 times by ripping off floor plan designs.

  • November 9, 2018

    IP Hires: Perkins Coie, Venable, USPTO

    In this week’s round of intellectual property attorney moves, the U.S. Patent and Trademark Office appointed a seasoned Silicon Valley IP expert as deputy director, Perkins Coie nabbed a former USPTO deputy general counsel for its Washington, D.C., office, and Venable landed a tech-savvy patent litigator for its growing IP practice in San Francisco. Here are the details on these notable IP hires.

  • 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.

Expert Analysis

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • 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.