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Intellectual Property

  • May 21, 2018

    'Gone Girl' Copyright Infringement Suit Gets The Boot

    An Illinois federal judge on Monday tossed copyright infringement claims lobbed by a woman who claimed “Gone Girl” author Gillian Flynn wrongly stole from a screenplay she wrote years before, saying her alleged infringements are too general to warrant protection.

  • May 21, 2018

    Sonoma Pharma Can Likely Pursue Trade Secret Claims

    A California federal judge on Monday said she’s unlikely to grant drugmaker Collidion Inc.’s bid to trim rival Sonoma Pharmaceuticals Inc.’s trade secrets suit, saying the claims probably aren’t time-barred and that it’s too soon to say whether Sonoma was injured by the alleged theft.

  • May 21, 2018

    GoPro, 360Heros Settle Trademark, Copyright Fight

    GoPro Inc. and 360Heros Inc. struck a confidential settlement resolving GoPro's hotly contested trademark and copyright infringement lawsuit against the camera rig company, according to a California federal judge's order Monday.

  • May 21, 2018

    Tribe Says It's Not Just 'Collecting A Check' From Patents

    The St. Regis Mohawk Tribe is gearing up to actively use the patents it bought from Allergan PLC to develop new medicines, proving the purchase wasn’t just a sham deal to help Allergan avoid patent reviews and bring in income for the tribe, the pair told the Federal Circuit.

  • May 21, 2018

    Law Firm, Scrubs Maker Hit With $250K Fine In TM Row

    A California federal judge has slapped a law firm and a medical scrubs manufacturer with a $250,000 sanctions order after determining that they failed to adequately participate in discovery in litigation over a trademark dispute and ignored a court order to pay $21,886 in fees and costs.

  • May 21, 2018

    Dutch Bong Maker Claims Fla. Co. Ripped Its Trademark

    It was not what was being smoked in bongs sold by a South Florida company that landed it in federal court, but the water pipes themselves, which a European manufacturer and its United States licensee say wrongly bore their trademarks, according to a federal suit filed Friday.

  • May 21, 2018

    High Court Won’t Hear Sony PlayStation Patent Dispute

    The U.S. Supreme Court on Monday declined to take up a case challenging the constitutionality of America Invents Act reviews related to a dispute over intellectual property used in Sony’s PlayStation gaming system, continuing its cleanup of cases impacted by its recent ruling that the Patent Trial and Appeal Board has the authority to invalidate patents.

  • May 21, 2018

    Making Sense Of Trump's Abrupt China Trade Ceasefire

    President Donald Trump has called an abrupt truce in his ever-escalating trade spat with China as the two powerhouses try and hammer out a broader agreement, marking the latest dramatic turn in a saga that has come to define the early stages of the administration’s economic policy.

  • May 21, 2018

    College Athlete Publicity Rights In Fantasy Issue Heats Up

    Daily fantasy sports operators FanDuel and DraftKings on Friday told the Indiana Supreme Court they do not need permission to use the names, likenesses and statistics of college athletes in their pay-to-play contests, while the athletes said the opposite in a lawsuit that is raising the issue of who owns such information as fantasy sports, and now sports betting, spread across the country.

  • May 21, 2018

    Jurors Begin Deliberations In Convenience Store's Logo Row

    A panel of jurors on Monday in federal court in Houston deliberated for about two hours without deciding whether the popular Texas-based convenience store chain Buc-ee's had presented enough evidence to support its argument that a competitor's cartoon alligator logo was infringing its cartoon beaver logo.

  • May 21, 2018

    Mass. Tech Co. Says Ex-Employees Gave Secrets To Rival

    A Massachusetts semiconductor maker on Monday sued a Bay State competitor, claiming three former employees who had jumped ship brought with them trade secrets that have led to two different patents being infringed.

  • May 21, 2018

    Pillsbury Adds IP Duo In Calif. To Lead Taiwan Practice

    Two attorneys with experience in complex intellectual property litigation, commercial litigation and patents have joined Pillsbury Winthrop Shaw Pittman LLP as partners in San Francisco, where they’ll lead the firm’s Taiwan practice, Pillsbury announced Monday.

  • May 21, 2018

    TiVo Ordered To Pay Attys' Fees In 7-Year-Old IP Suit

    A global research agency on Friday won its bid for attorneys' fees in an intellectual property suit against TiVo that stretches back nearly seven years, after a New York federal judge found that TiVo had unnecessarily prolonged frivolous arguments defending its patented advertising platform.

  • May 21, 2018

    Fed. Circ. Affirms Ax Of Solar Panel Roof Mounting Patents

    The Federal Circuit on Monday upheld a ruling that parts of three patents covering roof mount assemblies are invalid, preserving a victory for two solar energy companies that had been accused of infringement.

  • May 21, 2018

    TTAB Denies LG 'G5' Logo TM, Citing Chinese Co.'s 'G'Five'

    The Trademark Trial and Appeal Board is refusing to let LG Electronics register the logo for its "G5" smartphone as a trademark, saying it's confusingly similar to a Chinese electronics company's "G'Five" brand.

  • May 21, 2018

    Calif. Judge Tosses Uniloc's Battery IP Suit Against Apple

    A California federal judge has tossed Uniloc USA Inc.'s infringement suit against Apple Inc. without leave to amend, finding that its patent for cooling down devices when a battery is overheating involved "industry standard" technology that didn't sufficiently explain how its method for controlling the current in the battery is patentable.

  • May 21, 2018

    Fed. Circ. Asks Google Whether Full Court Should Eye Patents

    The Federal Circuit on Friday asked Google to weigh in on a patent licensing company’s request for the entire court to review whether a panel erred in holding that the Patent Trial and Appeal Board goofed on its construction of a claim term included in several media search patents challenged by the tech giant.

  • May 21, 2018

    Texas Patent Litigators Diversify After TC Heartland

    Though it's still a vibrant hub for patent litigation, the Eastern District of Texas' volume of new cases is well below half what it was before the U.S. Supreme Court's TC Heartland decision, and Texas patent litigators are fulfilling predictions that the justices' new venue requirements would force them to turn their focus away from the once-dominant local docket.

  • May 21, 2018

    Gilead Again Pushes To Block Truvada Generic

    Gilead Sciences Inc. and Emory University accused Aurobindo Pharma Ltd. in Delaware federal court Friday of infringing two of their patents covering the HIV treatment Truvada, the latest in a series of lawsuits attempting to block a generic version of the blockbuster drug.

  • May 21, 2018

    NYC's Meatball Shop Hits Houston Eatery With TM Suit

    The popular New York City eatery The Meatball Shop is suing over a restaurant at a Houston airport called The Magnolia Meatball Shop, saying it infringes the chain’s trademarks.

Expert Analysis

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • A Way To Improve PTAB Ex Parte Appeals

    William Smith

    If the Patent Trial and Appeal Board wants to significantly improve the predictability of its decisions — a priority for U.S. Patent and Trademark Office Director Andrei Iancu — it should limit its review of the merits in ex parte appeals to the facts and reasons in the “statement of rejection” section of the examiner’s answer, say William Smith and Allen Sokal of BakerHostetler.

  • Make Sure To Own The Architectural Plans That You Paid For

    Stacy Bercun

    Standard form architect agreements provide significant protections to architects and their firms, which may result in an architect having too much control over an owner's construction project. Owners should negotiate to obtain a transfer of those rights, say attorneys with Akerman LLP.

  • Smarter, Faster, Stronger: A New Suite Of VC Model Docs

    Samuel Waxman

    For the first time in four years, the National Venture Capital Association recently updated its model legal documents. The latest drafts not only reflect the necessity for quick transactions and bespoke solutions to unique problems facing venture capital investors, but they anticipate needs that will arise in this ever-evolving industry, say attorneys with Paul Hastings LLP.

  • A Cautiously Optimistic Diagnosis For Patent Eligibility

    Ewa Davison

    For companies in the life sciences industry, the scope of patent eligibility continued its apparently inexorable contraction in 2017. But in the first months of 2018, the Federal Circuit has exhibited a more generous approach to both steps one and two of the patent eligibility analysis, say Ewa Davison and David Tellekson of Fenwick & West LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • SAS Indirectly Strengthens The Impact Of Estoppel

    Scott Hejny

    While not obvious at first glance, the U.S. Supreme Court's decision in SAS Institute v. Iancu benefits patent owners, with favorable implications for estoppel. It may even resolve a split concerning the scope of estoppel, say Scott Hejny and Chelsea Priest of McKool Smith PC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 3

    Michele Alexander

    In this third installment of their series on how the tax overhaul impacts U.S. media companies, Bracewell LLP attorneys Michele Alexander and Ryan Davis look at how the international and domestic provisions intended to bring tax dollars home have affected media companies' decisions regarding foreign versus domestic production.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Some Fed. Circ. Guidance On Patent Pleading Standard

    Stephanie Scruggs

    The Federal Circuit's decision in Disc Disease v. VGH may help to further inform patent owners as to what a sufficiently pled complaint should contain to survive a motion to dismiss under Rule 12(b)(6) for “simple” technologies, say Stephanie Scruggs and Jessica Zurlo of Bradley Arant Boult Cummings LLP.