Intellectual Property

  • 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.

  • February 9, 2018

    Health Hires: Ropes, Brown Rudnick, Mallinckrodt, DLA Piper

    A wealth of health care and life sciences attorneys have been on the move lately, with new additions being welcomed at Ropes & Gray LLP, Brown Rudnick LLP, Mallinckrodt PLC, DLA Piper, Katten Muchin Rosenman LLP, Nelson Hardiman LLP, Holland & Knight LLP, Foley & Lardner LLP, Loeb & Loeb LLP and Dykema Cox Smith.

  • February 9, 2018

    Indivior Sues Teva, Others Over Opioid Addiction Generics

    Indivior Inc. has filed several suits in New Jersey and Utah federal courts accusing Teva Pharmaceutical Inc., Actavis Laboratories UT Inc. and others of infringing a patent Indivior holds for Suboxone sublingual film, a drug used to treat opioid addiction.

Expert Analysis

  • The Trouble With Trademarking A Trend

    Ronda Majure.jpg

    Recently we’ve been witnessing a concerning twist in the trademark process. People are opportunistically attempting to trademark certain words or phrases that are considered to be on trend — like "Trump," "Brexit" and "covfefe." But most of these are very likely to fail at the U.S. Patent and Trademark Office, says Ronda Majure of CompuMark.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Fed. Circ. ​Ruling May Trigger New Wave Of TM Applications

    Perry Viscounty

    Following the Federal Circuit’s recent Brunetti decision, the U.S. Patent and Trademark Office should no longer reject trademark applications on the grounds that they are immoral, scandalous or disparaging, which opens up registration to a diverse range of applicants whose marks were previously precluded by the Lanham Act, say attorneys with Latham & Watkins LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Amici Views On Big Pharma 'Renting' Sovereign Immunity

    Ben Bourke

    The Patent Trial and Appeal Board recently requested briefing from amici for the first time — in Mylan v. Saint Regis Mohawk Tribe. In general, technology and pharmaceutical companies argued that the deal assigning Allergan patents to the tribe was a sham, while other tribes and a group of law professors supported the sovereign immunity defense, says Ben Bourke of Womble Bond Dickinson LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • New USPTO Fees Likely To Attract More Chinese Applicants

    Junqi Hang

    At the U.S. Patent and Trademark Office, a set of new fees will go into effect next week. We believe the substantial fee increases for inter partes review proceedings work in favor of foreign applicants, such as Chinese applicants, who are interested in seeking patents in the U.S., say Junqi Hang and Jing Xu of Dragon Intellectual Property Law Firm.

  • Fed. Circ.'s 2017 Patent Decisions: A Statistical Analysis

    Dan Bagatell

    The Federal Circuit does not explain how it calculates its case statistics, and the high level at which the court presents the data obscures the juicy details. So about a year ago I began tracking the disposition of every Federal Circuit decision involving patent law — more than 450 cases in calendar year 2017, says Dan Bagatell of Perkins Coie LLP.

  • Good News For Trade Secret Actions At ITC

    Alex Lasher

    A Wisconsin federal court's recent holding in Manitowoc v. Sany provides further incentive for complainants to use Section 337 to adjudicate trade secret misappropriation claims in the future. But there are limitations, say Alex Lasher and Jared Newton of Quinn Emanuel Urquhart & Sullivan LLP.