Intellectual Property

  • February 12, 2018

    Gibson Dunn Scores IP Transactions Partner In Silicon Valley

    Gibson Dunn & Crutcher LLP announced Monday that it had hired a White & Case LLP partner with a high-profile intellectual and technology transactions practice for its Silicon Valley office.

  • February 12, 2018

    MillerCoors Hit With Trademark Suit Over Keystone Rebrand

    MillerCoors was sued for trademark infringement Monday by a California craft beer maker called Stone Brewing Co. over the giant’s recent decision to market its Keystone brand simply as “Stone.”

  • February 12, 2018

    Gluten-Free Group Drops TM Spat With Chef Jamie Oliver

    A gluten intolerance group suing celebrity chef Jamie Oliver for allegedly infringing its trademark by using a symbol that misleads consumers into believing his recipes are certified gluten-free asked a Washington federal court Monday to dismiss the suit.

  • February 12, 2018

    After Lesson In Procedure, Fed. Circ. May Mop Up AIA Issues

    The Federal Circuit gave patent lawyers a primer on a law governing administrative procedures in 2017, but issues surrounding the interpretation of another law, the America Invents Act, are expected to take center stage in the coming months in appeals involving decisions from the Patent Trial and Appeal Board.

  • February 12, 2018

    ​​​​​​​​​​​​​​Taylor Swift Nears Toss Of ‘Shake It Off’ Copyright Suit

    A California federal judge on Monday tentatively agreed to dismiss a copyright infringement suit alleging Taylor Swift ripped off lyrics for her 2014 hit “Shake It Off” from a 2001 song by female singing group 3LW, but the judge said he’s considering allowing an updated complaint.

  • February 12, 2018

    La. Eatery Owner Can’t Duck Breach Claim In TM Spat

    A Louisiana federal judge ruled that the former owner of famous New Orleans restaurant Camellia Grill correctly claimed that the eatery’s current owner breached the terms of their license agreement by unlawfully using trademarks associated with the original restaurant, in a split decision Friday.

  • February 12, 2018

    UnitedHealth Unit Urges Fed. Circ. To Reverse $12M IP Loss

    A UnitedHealth unit pushed a Federal Circuit panel in oral arguments Monday to toss a $12.3 million jury verdict holding that the company infringed a patent for measuring doctors’ efficiency, contending its own technology predated the patent.

  • February 12, 2018

    Lollapalooza Festival Ripped Off Calif. Artist, Suit Says

    A California visual artist rocked Live Nation Entertainment and its concert promotion business with a lawsuit Friday that claims the entertainment giant used artwork he created for the music festival Lollapalooza after their licensing agreement expired and outside the original provisions.

  • February 12, 2018

    Destruction Of NYC 'Graffiti Mecca' Broke Law, Judge Says

    A federal judge ruled Monday that the sudden destruction of famous New York City graffiti space 5Pointz was an intentional violation of federal law, issuing a strongly worded decision ordering the site’s “unrepentant” owner to pay $6.75 million in damages.

  • February 12, 2018

    Tech Co. Asks Full Fed. Circ. To Rule On Worker's IP Rights

    Advanced Video Technologies LLC on Friday asked for a full Federal Circuit review of a January split panel decision that axed the company’s patent claims against HTC Corp., BlackBerry Ltd. and Motorola Mobility LLC for lack of standing, saying the panel mistakenly attributed partial ownership of the patent to a former AVT employee.

  • February 9, 2018

    ITC Says UK DNA Sequencer Doesn't Violate PacBio Patent

    The U.S. International Trade Commission has determined that U.K. company Oxford Nanopore Technologies’ imported DNA sequencers do not violate two patents by Silicon Valley-based Pacific Biosciences of California, according to a notice issued by the commission on Wednesday. 

  • February 9, 2018

    In Microsoft v. Corel IP Row, Jury Weighs Willful v. Whoops

    At the wrap of a California federal trial over damages Corel Corp. must pay for infringing Microsoft’s patents, Microsoft’s attorney argued Friday the infringement was willful, while Corel’s attorney conceded his client possibly erred but said the tech giant's warning “never made it to the right ears."

  • February 9, 2018

    Chicago's Whitehall Fights Texas Hotel's TM Suit Exit Bid

    Chicago’s historic Whitehall Hotel said a Houston hotel should not be allowed to exit a suit accusing it of infringing on its trademarks by having the same name and a confusingly similar logo, telling an Illinois federal judge Thursday that the court has jurisdiction over the Texas hotel.

  • February 9, 2018

    Polaris ATV Patent Partly Revived By Fed. Circ.

    The Federal Circuit gave new life on Friday to part of a Polaris Industries Inc. all-terrain vehicle patent that the Patent Trial and Appeal Board invalidated following a challenge from rival ATV maker Arctic Cat Inc.

  • February 9, 2018

    Fed. Circ. Says It Can’t Hear Antitrust Appeal In Patent Feud

    The Federal Circuit transferred an antitrust dispute in a long-running patent battle to the Fifth Circuit on Friday after finding that a claim involving a company's alleged fraud on the U.S. Patent and Trademark Office to obtain market power did not fall within the court's exclusive purview over patent appeals.

  • February 9, 2018

    Mini Donut Shop Says Fla. Competitor Is Infringing TM

    Illinois-based Mini Donut Factory Inc. finds nothing sweet about similarly named Mini Doughnut Factory LLC, accusing the owners of the South Tampa, Florida, business of infringing on its state and federal trademarks in a lawsuit filed in Illinois federal court Friday.

  • February 9, 2018

    HP Consumers Want US-Wide Class In Ink Cartridge Row

    Customers who received phony error messages after trying to install third-party ink cartridges in Hewlett Packard Co. printers have asked a California federal court to certify a nationwide class action against the company for federal computer fraud and common law trespass.

  • February 9, 2018

    Aerogroup Licensee Opposes Sale That Would End Its Rights

    A licensing partner of bankrupt shoe and accessory retailer Aerogroup International Inc. objected Friday to the debtor’s proposed sale of its assets, arguing that it would breach their long-term licensing deal.

  • February 9, 2018

    Merck Loses Fed. Circ. Bid To Enforce Nasonex Patent

    A Delaware federal judge rightly found that Amneal Pharmaceuticals LLC wouldn’t infringe one of Merck & Co. Inc.’s patents when selling a generic version of the nasal spray Nasonex, despite discovery flubs by Amneal, the Federal Circuit said Friday.

  • February 9, 2018

    Eversheds Sutherland Snags 2 Jackson Walker Attys In Texas

    Eversheds Sutherland said Thursday it has snagged two labor and employment attorneys from Jackson Walker LLP, saying they have come on to the firm as partners in the Houston office.

Expert Analysis

  • TC Heartland And Hatch-Waxman: Square Peg In Round Hole

    Jane Love

    Since the U.S. Supreme Court's TC Heartland decision narrowed venue choices in patent cases under the patent venue statute, district courts have struggled to apply the statute in Hatch-Waxman cases. An issue no reported decision has yet questioned, however, is whether the patent venue statute should apply in Hatch-Waxman cases at all, say attorneys with Gibson Dunn & Crutcher LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Travel Sentry V. Tropp: A Threat To Direct Infringement?

    Charanjit Brahma

    The recent decision in Travel Sentry v. Tropp represents the Federal Circuit’s latest re-evaluation of the standard for divided infringement and underscores the potential breadth of the scope of divided direct infringement under Akamai V, say Charanjit Brahma and Anup Shah of Troutman Sanders LLP.

  • New Fed. Circ. Guidance For Patenting Software Inventions

    Richard Marsh

    In Finjan v. Blue Coat, the Federal Circuit continues to refine its approach to patent eligibility under Alice, and solidifies a set of concrete criteria for determining when software-based inventions provide a technical improvement and thus become eligible for patent protection, say Richard Marsh and Braden Katterheinrich of Faegre Baker Daniels LLP.

  • Trade Secret Law In China: 3 Highlights From 2017

    Ruixue Ran

    China's significant recent developments in trade secret law are encouraging trade secret rights-holders, including multinational companies with a presence in China, to enforce their trade secret rights in the world’s second largest economy, say attorneys with Covington & Burling LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Exmark And The Erosion Of The Entire Market Value Rule

    Matthew Becker

    The Federal Circuit's recent ruling on a reasonable royalty damages theory in Exmark v. Briggs & Stratton continues a trend of the Federal Circuit departing from the vigorous application of the entire market value rule and seemingly unambiguous statements in earlier decisions prohibiting apportionment of the royalty rate, says Matthew Becker of Banner & Witcoff Ltd.

  • A Look At Chemical Supplemental Examination Requests

    Amanda Murphy

    If used strategically, supplemental examination at the U.S. Patent and Trademark Office can provide a powerful tool for chemical patent owners to add to their armamentarium of options for Orange Book-listed patents when conducting a due diligence analysis of their patent estate prior to Orange Book listing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.