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Intellectual Property

  • August 8, 2018

    Chinese Jump-Rope Maker Defaults In IP Case, ITC Affirms

    The U.S. International Trade Commission will not review an initial determination made in July that the sole respondent of a patent probe into certain jump-rope systems from China has defaulted, according to a notice the commission plans to publish on Thursday in the Federal Register.

  • August 8, 2018

    9th Circ. Affirms Emirates Bank's Trade Secrets Trial Win

    The Ninth Circuit on Tuesday upheld a jury verdict in favor of banking giant Emirates NBD Bank PJSC, finding that financial technology firm InfoSpan Inc. had not shown that the jury was prejudiced or that it was not properly instructed during the trial over claims the bank stole InfoSpan's cellphone-based payment system.

  • August 8, 2018

    DLA Piper Adds Duane Morris Litigator In Miami

    DLA Piper has added a former Duane Morris LLP partner who has experience litigating intellectual property, business contracts, noncompete and construction disputes to its litigation practice group in Miami, according to the firm.

  • August 8, 2018

    China Strikes Back At US Over Latest IP Tariff Escalation

    Hours after the Trump administration teed up a new tranche of tariffs on $16 billion in Chinese industrial goods as part of its effort to reform the country’s intellectual property rules, Beijing came forward Wednesday with new duties on U.S. chemicals, petroleum products, medical equipment and other items.

  • August 7, 2018

    Court Orders Pause Of Use Of Historic NOLA Market Name

    A Louisiana federal judge on Tuesday granted New Orleans’ request for a preliminary injunction blocking the operator of the city's historic St. Roch Market from using the name for new food halls in other cities, with the exception of Miami, where a St. Roch Market is already up and running.

  • August 7, 2018

    The Firms Filing The Most Patent Suits In Q2

    Stamoulis & Weinblatt LLC remained at the top of the list of the firms filing the most patent lawsuits in the second quarter of 2018 by a wide margin, bringing more than twice as many new cases as the second most prolific plaintiffs firm.

  • August 7, 2018

    The Firms Filing The Most Copyright Suits In Q2

    When illegal downloading lawsuits are excluded, the list of law firms filing the most copyright suits over the past quarter was topped by small specialty firms that sue over photography and fabric patterns.

  • August 7, 2018

    Counterfeit Ring Sold $73M In Fake Jordans, Feds Say

    A Nike investigation has led to the arrest of five individuals who prosecutors say are responsible for hawking more than 380,000 pairs of fake Air Jordan sneakers worth an estimated $73 million, according to a complaint filed in a New York federal court.

  • August 7, 2018

    Johnstech Gets Chip Tester IP Award Doubled To $1.5M

    Johnstech International Corp.'s jury award over infringement of a patent for devices that prevent wear on computer chip-testing equipment was more than doubled Monday to $1.5 million by a California federal judge who also added enhanced damages.

  • August 7, 2018

    HP’s Bid To Sanction Oracle In IP Row ‘Overkill,’ Judge Says

    The California federal judge overseeing discovery in Oracle's copyright suit against Hewlett Packard rejected HP's bid to sanction Oracle for an executive's deletion of hundreds of emailed reports, saying Tuesday the reports were available elsewhere and calling Hewlett Packard's request “extremely overkill.”

  • August 7, 2018

    Fed. Circ. Created Disclosure 'Anarchy,' Amgen Tells Justices

    The Federal Circuit deviated from the Patent Act when it imposed different standards on the written description and enablement disclosures of a patent, Amgen Inc. told the U.S. Supreme Court in urging it to take on its appeal of a case involving next-generation cholesterol drugs.

  • August 7, 2018

    'Inside Edition' Sued Over Footage Used In Ex-NFLer's Story

    The owner of a video used in a 2016 telecast about the shocking and bizarrely ironic death of former New Orleans Saints defensive end Will Smith sued "Inside Edition" on Monday in New York federal court for using the footage without permission.

  • August 7, 2018

    Newspaper Suit Says Ex-Reporter's Twitter Is Trade Secret

    The parent company of two Virginia newspapers sued a former reporter for trade secrets theft after he joined a rival publication but refused to turn over control of his widely followed Twitter account, which the holding company says it created.

  • August 7, 2018

    USPTO Strips Patent App Ruling Of Informative Designation

    A month after the Patent Trial and Appeal Board designated a decision from last year involving patent application rejections as informative, the U.S. Patent and Trademark Office on Tuesday removed that designation, saying people have misunderstood the ruling.

  • August 7, 2018

    Judge Backs Inventor In Suit Over Long-Stalled Patent Apps

    A federal judge has ordered the U.S. Patent and Trademark Office to issue three patents to prolific inventor Gilbert Hyatt, finding that many of his patent claims were incorrectly rejected, a win for Hyatt in his case alleging the office is wrongly stalling his patent applications.

  • August 7, 2018

    AgaMatrix Gets $1.3M Fees From Dexcom's Failed IP Suit

    A California federal judge has ruled that diabetes glucose monitoring company Dexcom Inc. must pay rival AgaMatrix Inc. more than $1.3 million in fees after proceeding with patent infringement litigation that bordered on bad faith.

  • August 7, 2018

    Trump Readies More Tariffs On $16B In Chinese Goods

    The Trump administration on Tuesday finalized the list of Chinese products totaling about $16 billion that will soon face a 25 percent tariff in the steadily escalating fight over Beijing's intellectual property policies, targeting Chinese plastics, metals, transportation equipment and more.

  • August 7, 2018

    Apple, Fitbit Get Heart Sensor Patent Slashed At PTAB

    The U.S. Patent Trial and Appeal Board on Monday largely handed Apple Inc. and Fitbit Inc. a win in their effort to invalidate a heart rate sensor patent owned by Valencell Inc., finding all but three of 13 claims unpatentable as obvious in light of prior art.

  • August 7, 2018

    CookieCon Settles TM Dispute With Calif. Event Groups

    CookieCon founder Karen's Cookies has dropped its infringement lawsuit in Utah federal court against two California event groups it had accused of misusing its trademark, saying the parties have settled the dispute.

  • August 7, 2018

    Therium Adds Ex-Hogan Lovells Litigation, Arbitration Pro

    Litigation funder Therium Group Holdings Ltd. said Monday that it has brought on board a former Hogan Lovells partner for its investment team, bolstering its New York offerings with her experience handling complex commercial litigation and arbitration, particularly related to technology.

Expert Analysis

  • The Meaning Of 'At Least 1 Of A And B' At PTAB

    Braden Katterheinrich

    The Patent Trial and Appeal Board's 2017 Jung decision — recently designated as "informative" — establishes that the U.S. Patent and Trademark Office presumes a narrower interpretation of the phrase “at least one of A and B” than many courts and board panels have previously found, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.

  • SAP Ruling's Curious Approach To Subject Matter Eligibility

    Jeffrey Mann

    While the Federal Circuit's conclusion in SAP v. InvestPic meshes nicely with years of Section 101 jurisprudence, the decision awkwardly invoked an antiquated rationale, say Jeffrey Mann and J. Colby Van Horn of Stroock & Stroock & Lavan LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Must Whole Patent Be Nixed To Forfeit 180-Day Exclusivity?

    Jaimin Shah

    Under the Hatch-Waxman Act, what happens to a first applicant’s 180-day exclusivity when the Federal Circuit issues a final decision rendering less than all of a patent's claims invalid or not infringed? We have not found a court or U.S. Food and Drug Administration decision that has considered this question, say Jaimin Shah and Steve Auten of Taft Stettinius & Hollister LLP.

  • Trademarks In The Hermit Kingdom Of North Korea

    Jorge Espinosa

    As people begin to consider the possibility of changes in the commercial relationship between North Korea and the United States, businesses and even intellectual property attorneys may realize how little they know about trademarks in North Korea, says Jorge Espinosa of Espinosa Martinez PL.

  • The Emperor Of Alice’s Abstract Wonderland

    Andrew Michaels

    Stepping through Alice’s two-part test for determining whether a patent impermissibly claims an abstract idea often feels like falling down a rabbit hole. In his dissent last week in Interval Licensing v. AOL, Federal Circuit Judge S. Jay Plager proposed two solutions. I support one but am skeptical of the other, says Andrew Michaels, a professor at the University of Houston Law Center.

  • Opinion

    A Clever Scheme To Protect Invalid Patents Has Failed

    John Thorne

    The Federal Circuit's decision in St. Regis v. Mylan rejected tribal sovereign immunity as a defense against the U.S. Patent and Trademark Office's inter partes review process. Had the court ruled in favor of St. Regis, every holder of questionable U.S. patents would be rushing to Native American tribes, seeking deals to shelter possibly bogus rights, says John Thorne of the High Tech Inventors Alliance.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USPTO Incentive Policies Influence Patentability Decisions

    Eric Blatt

    Based on empirical analysis of U.S. Patent and Trademark Office transaction data from 2001 to 2012, we found that USPTO human resource policies may increase the rate at which examiners issue allowances. Applying strong quality incentives may mitigate this effect, say Eric Blatt of ​​​​​​​Rothwell Figg Ernst & Manbeck PC and Lian Huang of Bookoff McAndrews PLLC.

  • An Opportunity For High Court To Clarify Trademark Issue

    Mansi Parikh

    Trademark owners that have sued the creators of expressive works for infringement have had little success, as evidenced by the recent Ninth Circuit decision in Twentieth Century Fox Television v. Empire. If the U.S. Supreme Court grants review in this case, it would analyze the apparent conflicts between application of the Lanham Act and the First Amendment, says Mansi Parikh of Schumann Hanlon Margulies LLC.