Intellectual Property

  • February 15, 2018

    Swarmify Says CloudFlare Stole Stream Tech After Deal Talks

    Technology startup Swarmify asked a California federal judge on Thursday to block CloudFlare from offering a streaming content service and to order the takedown of two blog posts explaining how it works, saying CloudFlare created the technology with trade secrets stolen during the companies' now-stalled acquisition talks.

  • February 15, 2018

    Playboy May Amend Centerfold Copyright Suit, Judge Rules

    Playboy Entertainment Group Inc. will have to rewrite its copyright infringement suit against the owner of online news site BoingBoing if it intends to keep the suit alive, a California federal judge ruled Wednesday in a case over a link to every centerfold the men’s magazine published.

  • February 15, 2018

    Trump Feeling The Squeeze As Enforcement Decisions Loom

    President Donald Trump and his advisers have talked a big game when it comes to trade enforcement, but some muscular pushback from lawmakers and the business lobby may force the administration to take a more measured approach as it prepares to close trade probes centering on steel, aluminum and intellectual property.

  • February 15, 2018

    $380M Trade Secrets Claim Against Avaya Gets Pushback

    SAE Power Inc. faced an uphill battle Thursday as it tried to convince a New York bankruptcy court that its trade secrets claim against bankrupt Avaya Inc. should be valued at $380 million, rather than the $1 million or so Avaya says it’s worth.

  • February 15, 2018

    WB Music Hits Streaming Co. With Infringement Claim

    WB Music Corp. accused FutureToday Inc., which distributes video channels through smart TV platforms, of infringing its copyrights through audio channels that play songs from various genres in a suit filed in California federal court Wednesday.

  • February 15, 2018

    Hanesbrands Sues Over Alleged Champion TM Infringement

    Hanesbrands Inc. filed trademark infringement claims against a New York-based apparel brand in federal court Wednesday, accusing it of ripping off its cursive-print Champion logos with a “parasitic business model" that uses words like "gangster" and "Chapo."

  • February 15, 2018

    Patent Group Gets 2 Purple Leaf E-Payment Patents Nixed

    The Patent Trial and Appeal Board has invalidated a pair of patents held by Purple Leaf LLC that cover a process for conducting electronic transactions, finding that the claims challenged by patent quality advocacy group Askeladden were both obvious and anticipated.

  • February 15, 2018

    Bayer Claims Perrigo Infringed Finacea Drug Patents

    Bayer AG accused Perrigo UK Finco LP on Thursday in Delaware federal court of infringing a half dozen of its patents by seeking approval to sell a generic version of the rosacea treatment Finacea Foam.

  • February 15, 2018

    ABA Presses For Trade Secrets Safeguards In New NAFTA

    Any renegotiation of NAFTA should include a provision requiring all parties to enact stronger protections for trade secrets and patents and to crack down on the import of knockoff goods, the American Bar Association’s intellectual property section told the U.S. Trade Representative on Wednesday.

  • February 15, 2018

    Arbitrators Toss Bulk Of Swedish Co.'s $113M Royalties Case

    International arbitrators have ordered a Swedish networking technology company to pay some $1.6 million in legal fees to a major customer after mostly dismissing its $900 million Swedish krona ($113 million) arbitration case over unpaid royalties, the company said recently. 

  • February 15, 2018

    Shunt Patent Reissue Doomed By Recapture Rule: Fed. Circ.

    The Federal Circuit on Thursday denied the request of two inventors seeking reissue of a patent on a shunt used in kidney dialysis, finding the patent’s reissue claims “impermissibly recapture” material they intentionally surrendered in the original prosecution process.

  • February 15, 2018

    T. Rex Heir Drops Copyright Suit Over 'Baby Driver'

    The son of T. Rex rocker Marc Bolan on Wednesday voluntarily dropped a lawsuit alleging Sony Pictures Entertainment and other film distributors featured one of the band's songs without permission in its Academy Award-nominated film "Baby Driver."

  • February 15, 2018

    Prince Estate Wants Atty Held In Contempt For Missed Depo

    Prince’s estate asked a Massachusetts federal court Wednesday to hold an attorney in contempt for failing to appear at a deposition for a case in Minnesota federal court over control of several unreleased tracks recorded by the artist before his death.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • February 14, 2018

    NuVasive Says Rival Hired Key Workers, Copied Spine System

    NuVasive Inc. alleged a competitor engaged in a coordinated effort to rip off its entire spinal surgery system, hiring former executives who worked on the technology and then devising a system that closely mimicked it, according to an infringement suit entered in California federal court Wednesday.

  • February 14, 2018

    Ugg Maker Says Walmart, Clothing Designer Selling Knockoffs

    Deckers Outdoor Corp., the company behind Ugg boots, sued Walmart Inc. and Reliable Knitting Works in California federal court on Wednesday, alleging they’ve infringed on Deckers’ trademark and patent by selling counterfeit versions of its “Bailey Button” boot.

  • February 14, 2018

    Fed. Circ. Backs PTAB On Nixed Computer Lock Patents

    The Federal Circuit affirmed two U.S. Patent Trial and Appeal Board decisions Wednesday finding that Think Products’ patents on computer locks, which were challenged by Acco Brands, are invalid as obvious, saying the board’s claim construction was on point.

  • February 14, 2018

    Texas Justices Asked To Step Into Trade Secrets Row

    Terra Energy Partners LLC asked the Texas Supreme Court on Monday to force Sanchez Oil & Gas Corp. to identify the trade secrets it says Terra misappropriated, arguing that its competitor is using a "data dump" to  force Terra into a costly through thousands of pages of trade documents.

  • February 14, 2018

    Montblanc Wins $32M Default Judgment Against Counterfeiter

    A Virginia federal judge has awarded Montblanc-Simplo GmbH $32.15 million in its suit alleging a website operator violated trademark laws by selling counterfeit Montblanc products, granting default judgment to the German luxury goods company after the accused web user never responded to the complaint.

  • February 14, 2018

    Fed. Circ. Upholds PTAB Ax Of Cisco Network Security Patent

    Arista Networks Inc. notched a win in its fight with Cisco Systems Inc. over networking equipment technology on Wednesday, when the Federal Circuit upheld a Patent Trial and Appeal Board decision that invalidated part of a Cisco patent that Arista had been found to infringe.

Expert Analysis

  • USPTO Signals Support For New Basis To Invalidate Patents

    Joseph Mallon

    After a hiatus of nearly 23 years, a new “improper Markush grouping” rejection was quietly slipped into the latest revision of the Manual of Patent Examining Procedure, released by the U.S. Patent and Trademark Office just days prior to the Senate confirmation of Andrei Iancu as the new director on Monday, says Joseph Mallon of Knobbe Martens.

  • Exploring Interplay Between PTAB And Claims Court: Part 2

    Matthew Rizzolo

    The Patent Trial and Appeal Board has held that a noticed third-party government contractor participating in a 1498 action brought in the U.S. Court of Federal Claims is not subject to the America Invents Act’s one-year bar. However, potential insulation from the one-year bar comes with significant caveats, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • BMG V. Cox Is Major Copyright Victory For Music Industry

    Alexander Lawrence

    In one of the music industry's first attempts to hold an internet service provider liable for subscribers' unauthorized peer-to-peer file sharing, the Fourth Circuit largely sided with the copyright holders. The BMG v. Cox decision last week provides important guidance on the Digital Millennium Copyright Act safe harbor and the scope of secondary liability under the Copyright Act, says Alexander Lawrence of Morrison & Foerster LLP.

  • Olympics Bring Trademark Considerations For Athletes

    Michael Rueda

    The Olympics have the unique ability to catapult a relatively unknown name into global celebrity. Athletes suddenly have a "brand" to sell — and to protect with trademarks, says Michael Rueda of Withers Bergman LLP.

  • Exploring Interplay Between PTAB And Claims Court: Part 1

    Matthew Rizzolo

    While the oft-overlooked U.S. Court of Federal Claims has exclusive jurisdiction over patent suits against the U.S. government, the Federal Circuit's recent decision in Return Mail v. U.S. Postal Service addressed whether the government can use another Article I tribunal to defend itself against allegations of patent infringement — the Patent Trial and Appeal Board, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • Key Trade Secret Developments Of 2017: Part 2

    Randall Kahnke

    In 2017, courts considered important trade secret issues, including the federal Copyright Act’s preemptive power as it relates to trade secrets claims, and temporary injunctions based on mere possession of trade secrets, say attorneys with Faegre Baker Daniels LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 2

    Allen Sokal

    No statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i) of the U.S. Patent and Trademark Office's final rule implementing the America Invents Act. It appears that this section may be beyond the scope of the USPTO’s rulemaking authority, say Allen Sokal and William Smith of BakerHostetler.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.