Intellectual Property

  • March 14, 2018

    9th Circ. Revives Software Co.'s Copyright Suit Against DHL

    The Ninth Circuit on Tuesday revived part of a copyright infringement suit by a California-based software maker against DHL Supply Chain BV, finding that even though DHL is a foreign company, its use of the software in the Golden State was enough to land it in court there.

  • March 14, 2018

    Mayer Brown Gets Litigation Atty From Norton Rose In Texas

    Mayer Brown LLP recently announced it has hired away from Norton Rose Fulbright a commercial litigation partner who specializes in insurance, intellectual property disputes and patent litigation to join its Houston office.

  • March 14, 2018

    Judge Rips Litigation Strategy In Samsung, Huawei IP Row

     A California federal judge said Wednesday that he is inclined to grant Samsung's bid to block a Chinese injunction barring the company from selling smartphones that allegedly infringe two Huawei patents, but he criticized attorneys on both sides for adopting a litigation strategy that doesn't seem to be in the best interest of their clients.

  • March 14, 2018

    PTAB Allows Data Co. To Amend Patent In Apple Challenge

    The Patent Trial and Appeal Board on Tuesday invalidated several claims in a Realtime Data LLC hardware patent related to storage devices following a challenge from Apple, but said that Realtime could amend many of the claims.

  • March 14, 2018

    Tax Court Flubbed Analysis In Medtronic Case, 8th Circ. Told

    The U.S. Tax Court’s analysis of Medtronic Inc.’s license with its Puerto Rican subsidiary doesn’t dig deep enough to explain a transfer pricing method that slashed the medical device maker’s tax bill by hundreds of millions of dollars, an Internal Revenue Service attorney told the Eighth Circuit on Wednesday.

  • March 14, 2018

    Split 9th Circ. Tosses Porn Co. Copyright Suit

    A split Ninth Circuit panel ruled Wednesday that a site hosting user-uploaded pornography was protected by Digital Millennium Copyright Act’s so-called safe harbors, even though it lacked a written policy to terminate users who repeatedly infringed copyrights.

  • March 14, 2018

    What To Know Before Asking The PTAB To Exclude Evidence

    Convincing the Patent Trial and Appeal Board to exclude evidence from America Invents Act reviews is a tall order, according to a new analysis, which shows the PTAB has granted just a fraction of these requests. Despite the daunting numbers, experts said there are still reasons that litigants may be inclined to ask.

  • March 14, 2018

    Speech Law Doesn’t Outweigh Injunction Bids: Texas Court

    A Texas appellate court ruled Wednesday that trial courts can hear and decide injunction requests before they rule on motions to dismiss that are brought under a state free speech law with an expedited timeline, in an oil field tool company’s fight over foreign patents.

  • March 14, 2018

    Mark Madness: How The Top NCAA Teams Protect Their TMs

    Like the NCAA itself, the universities that compete in the yearly March Madness basketball tournament are strict enforcers of their trademark rights. To celebrate Thursday's tip-off, here's a roundup of how the 2018 tourney's top-ranked teams protected their brands over the past year.

  • March 14, 2018

    Architects Rip Five Guys Damages Bid In Copyright Row

    An architecture firm blasted Five Guys in Illinois federal court Wednesday over the fast food chain’s bid to toss attorneys’ fees and damages from a copyright infringement suit, saying it was "hard to square” Five Guys’ argument about the date when the firm registered its copyright with the facts of the case.

  • March 14, 2018

    Full Fed. Circ. Told Patent Co-Owner Rights Rule Should Stay

    HTC and others urged the full Federal Circuit Tuesday not to undo precedent that allows one co-owner of a patent to bar another co-owner’s infringement suit by opting out of the case, saying that doing so would "open up a Pandora's box" of disputes among sparring patentees.

  • March 14, 2018

    FieldTurf Can Rope In More Defendants Following $30M Win

    A synthetic-turf maker will be allowed to add defendants to its suit over a turf patent following a $30 million trial verdict, a Michigan federal judge ruled Monday, after the losing party's bankruptcy filing revealed financial relationships that could support new alter-ego allegations.

  • March 14, 2018

    5th Circ. Won't Revive GE's Trade Secret Fight With Ex-Exec

    The Fifth Circuit on Tuesday affirmed a win for the former head of a General Electric distressed fuels team against claims she had taken intellectual property to her new job at a rival, but overturned a finding she was subjected to an unreasonable noncompete agreement.

  • March 14, 2018

    Fed. Circ. Backs Philips' PTAB Win On LED Patents

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board decision that found Philips patents covering light-emitting diodes were not invalid, rejecting a New York-based lighting company’s argument that the board used the wrong test for obviousness.

  • March 14, 2018

    Insurer Loses 11th Circ. Fee Bid After Winning Coverage Row

    The Eleventh Circuit said Monday that Mid-Continent Casualty Co. cannot recoup legal fees in a construction-design policyholder’s coverage suit over underlying copyright litigation, because the types of claims in the suit made Mid-Continent ineligible for recovery regardless of a settlement offer the insurer had said earned it the fees.

  • March 14, 2018

    Wilson Says It Deserves Fees In Chin Strap Patent Fight

    Wilson Sporting Goods Co. urged a Texas federal court Tuesday to reject a magistrate's recommendation to deny the sports equipment maker $61,451 in fees it racked up in a rival's patent suit over football helmet chin straps, saying the magistrate relied on a pre-Octane Fitness standard.

  • March 14, 2018

    Idexx Underpaid Lyme Disease Patent Royalties, UT Says

    Idexx Laboratories Inc. hasn’t been paying the University of Texas the full royalties it owes for licensing technology used to detect Lyme disease in animals, the university’s governing board said in a suit removed to Texas federal court Tuesday.

  • March 14, 2018

    Dairy Queen Sues WB Mason Over 'Blizzard' Trademark

    With nor'easters repeatedly bearing down on the East Coast, fast-food chain Dairy Queen and office supplier W.B. Mason are going to trademark war over "Blizzard."

  • March 13, 2018

    Reggae Singer Sues Miley Cyrus Over ‘We Can’t Stop’ Lyric

    A reggae performer known as Flourgon asked a New York federal judge to stop Miley Cyrus from performing her 2013 hit “We Can’t Stop,” a song he claimed uses lyrics from one of his own tunes, in a copyright infringement suit lodged against the former Disney star Tuesday.

  • March 13, 2018

    Citing NFL's Marshawn Lynch, TTAB Refuses 'Beast Mode' TM

    The Trademark Trial and Appeal Board has refused to register “Beast Mode Soccer” as a trademark for sports equipment and apparel, citing NFL superstar Marshawn Lynch and his “Beast Mode” nickname.

Expert Analysis

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • Tips For Reassessing Company Patent Strategies

    Carey Jordan

    In this disruptive age, a successful patenting strategy should be a company core competency. Failure to shift corporate thinking has caused many well-established companies to be blindsided by technological developments that oust them from their market leadership positions, say Carey Jordan and Jeremy Harrison of Vorys Sater Seymour and Pease LLP.

  • Emerging Patent Issues In The Cannabis Industry

    Brett Schuman

    As cannabis industry players aggressively build patent portfolios around their products, including marijuana strains, a cannabis patent war is likely on the horizon. Among other issues, the lack of prior art may lead to issuance of overbroad patents, which will pose risks to other market participants, say attorneys with Goodwin Procter LLP.

  • Indefiniteness Is Evolving In Post-Grant Proceedings

    Deborah Sterling

    Among the more than 600 covered business method review and post-grant review challenges that have been brought to the Patent Trial and Appeal Board, indefiniteness is perhaps petitioners' least popular weapon. The statistics for indefiniteness challenges reveal some emerging trends, say Deborah Sterling and Yunjun Guo of Sterne Kessler Goldstein & Fox PLLC.

  • Online Image Infringement And The Statutory-Damages Threat

    Daniel Mazanec

    A New York federal court's recent decision in FlameFlynet v. Shoshanna adds to a growing body of precedent for refusing to award substantial statutory damages requested by a copyright owner where the amount far exceeds actual damages, says Daniel Mazanec of Greenspoon Marder LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Why President Ford Belongs On Copyright’s Mount Rushmore

    David Kluft

    Many of the American presidents we traditionally honor on Presidents’ Day contributed to the development of U.S. copyright law. You may not think of Gerald Ford, but he signed into law the Copyright Act of 1976 and his memoirs played an important part in defining the fair use doctrine, says David Kluft of Foley Hoag LLP.