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Intellectual Property

  • August 15, 2018

    Tire Maker Camso Accused Of Ripping Off Rival Brands

    Three companies that own the trademark, manufacturing and merchandising rights to the Outrigger and Stabilizer brands of industrial tires filed an infringement suit in Georgia federal court Wednesday accusing Camso USA of using their exclusive molds and emblems to produce and sell tires.

  • August 15, 2018

    AVM, Intel Stuck With Jury's Validity, Infringement Rulings

    A Delaware federal judge on Wednesday refused to overrule a jury’s decision that Intel Corp. didn't infringe an AVM Technologies LLC circuit patent and that the patent was valid.

  • August 15, 2018

    Music Rights Co. Can't Get Suit Against Radio Group Going

    A California federal judge on Tuesday refused to resume Global Music Rights LLC's suit alleging that industry group Radio Music License Committee Inc. is operating an "illegal cartel," telling the performance rights organization it should litigate in Pennsylvania, where it was sued first.

  • August 15, 2018

    CDK Doesn't Need To Produce FTC Docs In Dealer Data MDL

    An Illinois federal judge said Tuesday he will not require software company CDK Global LLC to turn over all 1.6 million documents it produced as part of a Federal Trade Commission investigation as the company fights claims it monopolized the car dealership data market in multidistrict litigation.

  • August 15, 2018

    'Star Wars' Book Dealer Sued Over Translation Credit Error

    Book distributor Readerlink Distribution Services LLC got hit with a lawsuit in Illinois federal court Tuesday by a woman who says it is selling a "Star Wars" book that misattributes its shoddy Spanish translation to her and hasn't destroyed the books despite indicating several times it would.

  • August 15, 2018

    Fed. Circ. Rules Database Patents Correctly Axed Under Alice

    The Federal Circuit on Wednesday ruled three indexing software patents that BuySeasons Inc. was accused of infringing are invalid for claiming nothing more than an abstract idea, upholding a ruling from a judge in the Eastern District of Texas.

  • August 15, 2018

    Masimo, Dominion Settle Suit Over Blood Monitoring Patent

    A California federal judge has dismissed an infringement suit Dominion Assets LLC brought against rival Masimo Corp. over noninvasive blood monitoring intellectual property, after the two companies told the court they reached a settlement.

  • August 15, 2018

    Warner Bros. Sued For Using Photo Of Ex-NFL Star's Fiancee

    A photo agency represented by frequent copyright plaintiffs counsel Liebowitz Law Firm PLLC on Tuesday filed a copyright infringement suit against Warner Bros., its second suit alleging unauthorized use of a photo of the late NFL player Aaron Hernandez's fiancee.

  • August 15, 2018

    Hasbro, DC Comics Settle 'Bumblebee' Superhero TM Battle

    A New York federal judge on Wednesday conditionally tossed Hasbro Inc.'s case accusing DC Comics of copying the name of its iconic yellow character from the Transformers by creating a superhero character named “Bumblebee,” after the companies said they have tentatively reached a settlement.

  • August 15, 2018

    Fed. Circ. Reverses ITC Import Ban On Diebold ATMs

    The Federal Circuit on Wednesday reversed a finding from the U.S. International Trade Commission that financial services company Diebold Nixdorf Inc.'s imported ATMs infringe a patent owned by a rival ATM manufacturer, nixing several of the patent's claims as too indefinite.

  • August 15, 2018

    Fed. Circ. Won't Toss Balloon IP Case From Texas Court

    The Federal Circuit on Wednesday denied a water balloon maker’s bid to toss a patent infringement suit on the basis that Texas is an improper venue, keeping intact a lower court’s finding that the company had forfeited its venue defense through previous litigation.

  • August 15, 2018

    PTAB Chief Judge Stepping Down For New Adviser Role

    Patent Trial and Appeal Board Chief Judge David Ruschke will step down from his post Sept. 2 to take on a newly created adviser position at the U.S. Patent and Trademark Office that will coordinate between the PTAB and patent examination units, the agency confirmed Wednesday.

  • August 14, 2018

    Rimini Still Owes Oracle $28.5M Attys' Fees In IP Suit

    A Nevada federal judge on Tuesday ordered Rimini Street Inc. to pay Oracle Corp. $28.5 million in attorneys' fees after years of litigation in their copyright infringement case, saying the award was still justified even though the Ninth Circuit reversed Oracle’s state-law claims.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Coachella Seeks Quick TM Win In Suit Against 'Filmchella'

    Popular music festival Coachella asked a California federal court Tuesday to hand it a partial win in its trademark infringement suit against the organizer of a new movie festival called Filmchella, saying it owns valid protectable trademarks that its rival intentionally copied for a “confusingly similar” use without authorization.

  • August 14, 2018

    PTAB Practice Guide Changes Will Aid Patent Owners

    Patent owners will have a better opportunity to make their arguments in America Invents Act reviews under new changes to the Patent Trial and Appeal Board's Trial Practice Guide, a move attorneys say seems to be a response to criticism that the reviews are slanted against patentees.

  • August 14, 2018

    PTAB Shuts Down Hologic Challenges To HIV Detection Patent

    The Patent Trial and Appeal Board has rejected Hologic Inc.’s challenges to a biotech company’s patent on a method for detecting HIV, finding that Hologic's arguments were similar to ones considered when the patent was examined.

  • August 14, 2018

    Fed. Circ. Lets Stand Vanda Ruling That Led To USPTO Memo

    The full Federal Circuit said Tuesday it won’t reconsider a panel’s decision to uphold a patent for Vanda Pharmaceuticals Inc.'s schizophrenia drug Fanapt, which had spurred a U.S. Patent and Trademark Office memo backing up the court on the patent eligibility of treatment methods.

  • August 14, 2018

    Bourbon Maker Asks 9th Circ. To Revive Wine Co. IP Row

    Spirits maker Sazerac Co. Inc. urged the Ninth Circuit to revive its suit alleging that a winemaker infringed its Buffalo Trace bourbon trademark, saying it lost a bench trial because the district court didn't even try to determine whether Fetzer Vineyards Inc.'s own buffalo logo-bearing product was likely to confuse customers.

  • August 14, 2018

    Fed. Circ. Upholds PTAB Ax Of Netlist Memory Patent Claims

    The Federal Circuit on Tuesday invalidated parts of two computer memory patents that Netlist Inc. has accused SanDisk LLC of infringing, upholding a decision from the Patent Trial and Appeal Board.

Expert Analysis

  • Post-SAS, To File Or Not To File A Preliminary Response?

    Christopher McKee

    Following the U.S. Supreme Court's SAS decision, those faced with an inter partes review petition are unsure whether it is worthwhile for the patent owner to consider filing a preliminary response. But based on 21 recent IPR decisions to institute a trial, it appears that the preliminary response still has potential value, says Christopher McKee of Banner & Witcoff Ltd.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • 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.