We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Intellectual Property

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    Condo Co. Not Owed Defense In IP Suit, 11th Circ. Affirms

    The Eleventh Circuit on Thursday ruled that Aspen Specialty Insurance Co. does not have to cover a Florida condominium group’s costs to defend a trademark infringement lawsuit filed by the owner of an Alaska hotel, agreeing with a lower court that a policy exclusion for intellectual property claims bars coverage.

  • August 9, 2018

    What You Need To Know About Patent Litigation In China

    Law360's tour of prominent patent jurisdictions around the globe focuses this week on China, where patent applications and infringement actions in specialized courts are booming, but a lack of discovery and political concerns might give pause to some foreign litigants.

  • August 9, 2018

    USPTO Plans 25% AIA Review Fee Hike Due To SAS Ruling

    The U.S. Patent and Trademark Office on Wednesday proposed increasing the fee to challenge patents in America Invents Act reviews by about 25 percent beginning in 2021, citing additional work for the office created by the U.S. Supreme Court's recent SAS Institute decision.

  • August 9, 2018

    Justices Asked To Mull AIA Reviews As Takings

    An audio device maker has urged the U.S. Supreme Court to consider whether patent claims canceled in America Invents Act reviews are regulatory takings by the government, such that patent owners are owed compensation on constitutional grounds, particularly those whose patents were filed or issued before 2011.

  • August 9, 2018

    StubHub Beats App Developer's Trade Secrets Theft Claims

    A California federal judge has awarded StubHub a win over allegations it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who allegedly used proprietary data from their former company in apps they developed for the online ticket vendor.

  • August 9, 2018

    Jaguar Abandoned 'Defender' TM, Carmaker Bombardier Says

    Jaguar Land Rover Ltd. has abandoned its trademark on the “Defender” name because it hasn’t sold one in the United States since 1998, Bombardier Recreational Products Inc. argued in legal papers filed in Michigan federal court defending its counterclaims to the former’s patent infringement suit.

  • August 9, 2018

    Citing 'Mastermind Vodka,' TTAB Rejects 'Mastermind' Beer

    The Trademark Trial and Appeal Board has ruled that consumers would confuse a craft brewer’s “Mastermind” beer brand with an already-registered “Mastermind Vodka” trademark.

  • August 9, 2018

    Ugg Maker's Patent Upheld After $5.2M Jury Win

    A California federal judge issued a findings of fact order that favored Ugg maker Deckers Outdoor Corp. following a $5.2 million verdict that held Romeo and Juliette Inc. liable for infringing two design patents.

  • August 9, 2018

    TM Suit Over Historic NOLA Market Survives Bid To Toss

    A Louisiana federal judge on Thursday kept alive the majority of the City of New Orleans’ claims against the operator of the city's historic St. Roch Market food hall in a fight over the rights to the market’s trademark, with a trademark dilution claim the only one to get the ax.

  • August 9, 2018

    Del. Judge Not Inclined To Reverse $82M IBM Patent Wins

    A federal judge in Delaware said he is inclined to stand pat on most of the jury verdicts and rulings that produced an $82.5 million award in late July against Groupon Inc. for infringing four early, e-commerce-related IBM Corp. patents.

  • August 9, 2018

    Wireless Co. Ubiquiti Says Rival Sells Hacking Firmware

    Wireless networking company Ubiquiti Networks Inc. hit rival Cambium Networks Inc. with copyright infringement, fraud and antitrust claims in Illinois federal court over allegations Cambium is selling firmware that hacks Ubiquiti's devices and uses them as a launching point for its wireless service.

  • August 9, 2018

    Airline Can't Probe Immigration Status In IP Row, Court Told

    The vice president of an airline marketing company urged an Illinois federal court to quash a subpoena into his immigration records that was issued by a Canadian budget airline in a contract and intellectual property dispute between the two companies.

  • August 9, 2018

    NWA Member's Wife Reaches Deal With Son In Trademark Row

    The wife of the late N.W.A. member Eazy-E and his son have agreed to settle a lawsuit in California federal court over the use of “Straight Outta Compton” and other phrases associated with the rap group.

  • August 9, 2018

    Comcast Gets PTAB Nix Of TiVo's Programming Guide Patent

    The Patent Trial and Appeal Board invalidated as obvious an on-screen TV programming guide patent held by a TiVo Corp. subsidiary, handing a victory to Comcast Corp. in a wide-ranging intellectual property war between the two entertainment companies.

  • August 8, 2018

    Jones Day Lands An IP Pro From Paul Hastings

    Jones Day has grabbed a “first chair litigator” in Silicon Valley from Paul Hastings LLP with nearly 20 years of experience in patent and technology work, the firm announced Monday.

  • August 8, 2018

    Verizon, Vehicle IP Spar Over Navigation Patent At Fed. Circ.

    Mobile navigation app patent holder Vehicle IP LLC urged a Federal Circuit panel Wednesday to revive its infringement claims against a Verizon Wireless affiliate, saying a lower court, for a second time, improperly inserted restrictive language into its claim construction when it axed the suit.

  • August 8, 2018

    Arctic Cat, Bombardier Can’t Redo Snowmobile Patent Trial

    Bombardier and Arctic Cat each lost bids for a new trial in a snowmobile patent dispute when a Minnesota federal judge ruled Tuesday that there was sufficient evidence supporting a jury’s finding that Arctic Cat infringed one of Bombardier’s patents, and that the contested claims in two patents were invalid.

  • August 8, 2018

    Montgomery McCracken Snags 4 Buchanan Attys For IP Unit

    The Philadelphia office of Montgomery McCracken Walker & Rhoads LLP says it has added a powerful intellectual property team that includes a pair of LGBT “trailblazers” with four hires from Buchanan Ingersoll & Rooney PC.

  • August 8, 2018

    PTAB Rightly Axed Alcon Eye Drop Patent, Fed. Circ. Says

    The Federal Circuit on Wednesday affirmed the Patent Trial and Appeal Board’s decision to invalidate several claims in a patent covering Alcon Laboratories' Durezol eye drops, shooting down an appeal from two Japanese drugmakers that were hoping to keep a generic version of the medication off the market.

Expert Analysis

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

  • Del. Ruling Offers Trade Secret Reminders For Startups

    Josh Fowkes

    The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Praxair's New Twist On Subject Matter Ineligibility

    Paul Zagar

    Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Judge Kavanaugh On Intellectual Property

    Van Lindberg

    What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.

  • Prepare For New Claim Construction Standard At PTAB

    Matt Kamps

    The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • WesternGeco May Reshape Reasonable Royalty Damages

    Aaron Fahrenkrog

    The analysis underlying the U.S. Supreme Court's holding in WesternGeco v. Ion opens the door to arguments for reasonable royalty damages based on foreign activities arising from domestic infringement, say attorneys with Robins Kaplan LLP.