Intellectual Property

  • October 28, 2021

    Product Photos Can Give Cos. Partial EU Design Rights

    Companies can claim unregistered European Union design rights for specific parts of a product based on photos of the complete item, the bloc's top court ruled Thursday, in a win for Ferrari in its lawsuit over promotional materials for customization kits.

  • October 27, 2021

    'Covenant' Creators Say Production Co. Nearly Killed TV Show

    The creators of the TV show "Covenant" are suing two producers and their company in a Georgia court, saying they reneged on a production agreement, ran up unauthorized expenses and attempted to sabotage the show.

  • October 27, 2021

    Lack Of Evidence Lets Vertiv Escape $100M Trade Secrets Suit

    A federal judge in Chicago has thrown out an energy solutions company's $100 million trade secret lawsuit against partner-turned-rival Vertiv after finding there wasn't enough evidence supporting its misappropriation claims, but kept alive Vertiv's allegations that the energy company had breached the terms of their failed business deal.

  • October 27, 2021

    Vonage Hit With Patent Suit Over Cordless Call Tech

    Internet phone company Vonage has been accused of infringing a 2005 patent for cordless call technology in Delaware federal court, following the filing of similar lawsuits against several other companies.

  • October 27, 2021

    Netflix Aims To Sink Broadcom Patent Claim Under Alice

    Netflix Inc. asked a California federal judge Tuesday to toss one of Broadcom Corp.'s asserted streaming patent claims in an infringement suit, saying the patent's validity falls apart under the U.S. Supreme Court's Alice ruling because it just claims an abstract idea.

  • October 27, 2021

    Fed. Circ. Did Not Upend Indefiniteness Test, Justices Told

    Oki Data Americas Inc. is urging the U.S. Supreme Court to reject an appeal over whether the Federal Circuit has created a new standard on indefiniteness, saying the appeals court "faithfully applied" the standards set forth in the high court's Nautilus ruling.

  • October 27, 2021

    Regeneron Gets PTAB To Review Syringe Patent On 2nd Go

    Regeneron has convinced the Patent Trial and Appeal Board to review claims in a Novartis patent that covers a type of syringe used in eye injections after the Swiss drug giant dropped a related case against Regeneron at the U.S. International Trade Commission.

  • October 27, 2021

    USPTO Pick Has Praised Ex-Director, Rallied Behind PTAB

    Past writings and interviews by Kathi Vidal, the nominee for U.S. Patent and Trademark Office director, give hints about how she might manage the office.

  • October 27, 2021

    Commerce Secretary To Lead Inventor Inclusivity Initiative

    The head of the Commerce Department will help lead a nationwide council aimed at boosting the number of female inventors in the patent world, according to an announcement Wednesday.

  • October 27, 2021

    ITC Judge Rules Canadian Solar Infringes Solaria Patents

    An administrative law judge has determined that Canadian Solar Inc.'s shingled solar modules infringe two Solaria Corp. patents on photovoltaic technology and has recommended barring imports into the U.S. of the infringing modules, Solaria said.

  • October 27, 2021

    CBD Retailer, Manufacturer Slip Claims They Stole Cream IP

    A Florida federal judge on Wednesday allowed Medterra CBD LLC and a manufacturer to exit a suit over their purported theft of a secret formula for CBD topical cream, leaving three claims against another defendant as the case heads to trial.

  • October 27, 2021

    Fed. Circ. Partly Revives Brooklyn Brewery TM Dispute

    Brooklyn Brewery can partially save its trademark challenge against a similarly named former business partner called Brooklyn Brew Shop after the Federal Circuit on Wednesday faulted the Trademark Trial and Appeal Board's analysis with regard to some parts of the brewery's opposition.

  • October 27, 2021

    'The Genome Defense' Brings Myriad Battle To Life

    The realization that private companies could get patents on genes deeply disturbed ACLU attorneys, enough that it pushed them to learn patent law for the first time and persuade the U.S. Supreme Court to ban the practice. In a new book, University of Utah law professor Jorge Contreras opens the door for lay people to care about the intricacies of that case, while providing enough depth to keep patent lawyers interested.

  • October 27, 2021

    Finjan Asks Fed. Circ. To Nix $5.9M Fee Order In Patent Fight

    Finjan Inc. wants the Federal Circuit to undo the $5.9 million tab for legal fees a lower court said the company owed to Juniper Networks Inc. in a patent dispute, saying the award doesn't meet the applicable standard for such fees.

  • October 27, 2021

    Google Stole Genius' Lyric Transcriptions, 2nd Circ. Told

    An attorney for lyrics website Genius urged the Second Circuit on Wednesday to revive a lawsuit accusing Google of pilfering its content, arguing that Genius has contractual ownership over song transcriptions and simply wants to protect its "substantial investment."

  • October 27, 2021

    Cleveland MLB Club Stole Roller Derby Team Name, Suit Says

    Major League Baseball's Cleveland Indians were hit with a trademark infringement suit Tuesday in Ohio federal court by a local roller derby team over plans to rebrand from the controversial moniker to the "Cleveland Guardians."

  • October 27, 2021

    EU Deepens Probe Of Nvidia's $40B Arm Deal

    Europe's competition enforcer launched an in-depth investigation on Tuesday into Nvidia Corp.'s planned $40 billion purchase of SoftBank's semiconductor business Arm Ltd. over concerns about the deal's potential impact on Nvidia's rivals.

  • October 27, 2021

    Nike Infringed 'Cool Compression' TM, Pa. Jury Says

    A Pennsylvania federal jury found Wednesday that Nike infringed Philadelphia-area sportswear company Lontex Corp.'s trademarked "cool compression" branded clothing.

  • October 27, 2021

    Copyright Office Floats Expanding Right To Repair Devices

    The U.S. Copyright Office wants to limit how the Digital Millennium Copyright Act is used to stop customers from fixing software-enabled devices like video game consoles, pushing forward new regulations on Wednesday that would cover those repairs under fair use.

  • October 26, 2021

    VideoShare Says 10 Hours Is Too Short For Google IP Trial

    VideoShare LLC said there is "no possible way" that a 10-hour time limit on testimony at trial will allow it to competently present its case that Google and YouTube infringe its video-sharing patent, objecting Tuesday to U.S. District Judge Alan D. Albright's scheduling order.

  • October 26, 2021

    Timeshare Co. Settles Part Of False Ad Suit With 'Exit' Firms

    Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

  • October 26, 2021

    Samsung Broke Patent Deal With Netlist, Calif. Judge Says

    Samsung broke its obligations under a patent license agreement with Netlist over modular memory technology and Netlist subsequently terminated the deal, but a jury must decide any damages, a California federal judge said in an unsealed order entered Monday.

  • October 26, 2021

    Insurer, Surgical Supplier Settle Coverage Fight Over J&J Suit

    Just days before a lawsuit over coverage of a surgical supply company was set to go to trial, Hallmark Specialty Insurance Co. reached a settlement Tuesday with the company accused by Johnson & Johnson of selling counterfeit medical products.

  • October 26, 2021

    Albright Ships Solar Power IP Suit From Texas To SDNY

    FTC Solar can move a patent infringement lawsuit lodged against it over solar technology from Texas to New York after U.S. District Judge Alan Albright found that its license agreement with FCX Solar favors shipping the case off to the Southern District of New York.

  • October 26, 2021

    Toshiba, Patentee Spar At POP Over IPR Fee Deadline

    Toshiba has urged the precedent-setting panel for the Patent Trial and Appeal Board to find that confirmation of a wire transfer through a system owned by the Federal Reserve banks is enough to establish that a company has paid the fees for challenging a patent at the board.

Expert Analysis

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • What Semiconductor Shortage Means For Patent Drafting

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    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Unpacking The Latest Trends In Biologics-Related IPRs

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    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • Shifting Trends In Marketing Approvals Of Orphan Drugs

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    Data analysis reveals increases in orphan drug designations and marketing approvals over the last 20 years, and shows how biologics are shaping the orphan drug landscape, say Omar Robles at Emerging Health and Ji-Won Choi at the Vera Institute of Justice.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Collaborative Contracting Can Help Combat Bias In AI

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    To mitigate bias in artificial intelligence technology amid pending EU and U.S. regulations, contracting companies should consider each party's role in controlling for bias, rather than applying binary liability allocations, say Boris Segalis and Joshua Fattal at Goodwin and independent attorney Neal Dittersdorf.

  • TM Litigation Lessons From Nike-Lil Nas X 'Satan Shoes' Fight

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    Though recently settled, Nike's curious trademark infringement dispute with the New York design studio behind rapper Lil Nas X's controversial "Satan Shoes" suggests that brand owners should draft complaints promptly, even if imperfectly, and evaluate first-sale doctrine exceptions, says James Major at Stradley Ronon.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

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