Intellectual Property

  • December 13, 2017

    Pod Hotel Chain Says PodShare Rival Infringing TM

    The New York-based operator of The Pod Hotels chain sued PodShare Inc. on Tuesday in California federal court, alleging the Los Angeles-located competitor’s use of the term "pod hotel" to describe its rentable spaces confuses and misleads consumers and infringes its trademarks.

  • December 13, 2017

    TTAB Won't Register 'Fall Harvest' As Coffee Trademark

    The Trademark Trial and Appeal Board on Monday refused to register “Fall Harvest” as a trademark for coffee, ruling that the name is confusingly similar to a line of “Autumn Harvest Blend” from coffee giant Keurig Green Mountain.

  • December 13, 2017

    Amazon’s Bid To Shake IP Suit On Hold For EBay Arguments

    A California judge on Wednesday paused Amazon.com’s effort to nix an auto parts maker’s allegations that the online retailer violated a state trade secrets law by selling counterfeit versions of its products, saying she’ll rule after co-defendant eBay argues a similar motion in January.

  • December 13, 2017

    Equinox Calls Hotel Trademark Lawsuit 'Abuse'

    High-end gym giant Equinox struck back Tuesday at a trademark lawsuit aimed at blocking it from expanding into the hotel business, calling the case “an abuse of the judicial system.”

  • December 13, 2017

    T-Mobile Urges Supreme Court To Reject Prism IP Appeal

    Prism Technologies LLC shouldn’t be granted U.S. Supreme Court review of a Federal Circuit decision invalidating its patents and rejecting its $100 million infringement lawsuit against T-Mobile because a lower court judge never made a reviewable finding of fact, the wireless company says.

  • December 13, 2017

    Apotex Challenges Amgen Cancer Biologic Patent As Obvious

    The maker of a competitor to the chemotherapy companion drugs Neulasta and Neupogen took aim at Amgen Inc.’s underlying patent on the biologics Wednesday at the Patent Trial and Appeal Board, saying processes described in the patent were obvious given prior art.

  • December 13, 2017

    9th Circ. Says Subaru Ad Didn’t Infringe 'Heart on Hand' TM

    The Ninth Circuit ruled Tuesday that automaker Subaru’s “Share the Love” slogan didn't infringe a California woman’s “A World of Love, for You and Those You Love” trademark, concluding that the only similarities between the two phrases was the generic word “love.”

  • December 13, 2017

    Purdue Loses Bid To Fuse Jumble Of OxyContin Patent Suits

    Purdue Pharma LP lost an attempt on Wednesday to squeeze several oxycodone-related patent lawsuits into one trial in Massachusetts federal court, a minor setback in the manufacturer’s claims seeking to guard the legal underpinnings of painkiller OxyContin.

  • December 13, 2017

    'Filmchella' Can't Be 'Filmchilla' Either, Judge Says

    A California federal judge ruled Wednesday that the organizers of an upstart movie festival called “Filmchella” — already hit with an injunction after being sued by the Coachella music festival for trademark infringement — also cannot use the name “Filmchilla."

  • December 13, 2017

    6th Circ. Made 'Favored Class' Of Infringers, Marketer Says

    A marketing firm urged the Sixth Circuit on Wednesday to reconsider its decision that a blogger who had posted the entirety of a copyrighted textbook to his site may continue to remain anonymous if unmasking might chill otherwise protected speech, arguing that allowing an anonymous infringer to be protected under the First Amendment would create an “unprecedented, favored class of wrongdoers.”

  • December 13, 2017

    LinkedIn Pushes 9th Circ. To Protect User Data From Startup

    LinkedIn continued its push to have the Ninth Circuit eliminate an injunction that’s allowed a startup company to continue scraping data from public profiles on its website, telling the appellate court it has every right to revoke another company’s access if its policies are violated.

  • December 13, 2017

    Quincy Jones' $9.4M Win Over Jackson Co. Stands Post-Trial

    A California judge on Wednesday rejected arguments from Michael Jackson’s production company that mega-producer Quincy Jones waited too long to file a suit seeking royalties over joint venture film productions and remixed music, allowing a $9.4 million jury verdict to stand as the parties prep for appeal.

  • December 13, 2017

    Avionics Co. Sues Ex-Partner For $100M In Trade Secret Row

    Avionics maker Rogerson Aircraft Corp. sued Bell Helicopter Textron Inc. in Texas state court on Tuesday seeking more than $100 million in damages, contending Bell is trampling its trade secret rights and disseminating confidential information after turning to a new supplier.

  • December 13, 2017

    Fed. Circ. Affirms Sony PTAB Win In PlayStation Patent Case

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision invalidating part of a patent for a computer network that Sony Interactive Entertainment America LLC challenged after its PlayStation gaming system was accused of infringement.

  • December 13, 2017

    Trump Econ Adviser Says Tax Bill Can Spur Innovation

    The chairman of the White House Council of Economic Advisers said Wednesday the tax overhaul that could soon clear Congress may have important implications for spurring innovation and productivity gains, while also arguing for important patent and immigration reforms.

  • December 13, 2017

    MVP: Finnegan's James Barney

    Finnegan Henderson Farabow Garrett & Dunner LLP’s James Barney has been a key player in the patent community this year, and his recent Federal Circuit victory for Aqua Products, which pushed the burden of proving patentability in inter partes review proceedings onto the petitioner, has earned him a spot as one of Law360's 2017 Intellectual Property MVPs.

  • December 13, 2017

    Netflix Can't Call Cut On 'Burning Sands' Copyright Suit

    A Pennsylvania federal judge refused on Tuesday to let Netflix toss a suit brought by an author accusing the streaming giant of ripping off his series about six fraternity pledges at a historically black college, finding that the author had shown valid copyright on his works and “enough similarities” between both works to warrant further discovery.

  • December 13, 2017

    9th Circ. Affirms Samsung Win In Patent Antitrust Suit

    The Ninth Circuit affirmed a decision to toss a patent-holding company’s antitrust suit accusing Samsung of conspiring with others to avoid licensing its smartphone patent, rejecting the patent holder’s arguments it had been unlawfully denied royalties.

  • December 13, 2017

    Demi Lovato, Indie Band Settle Copyright Suit Over 'Stars'

    New York City-based indie rock duo Sleigh Bells has settled its copyright infringement suit alleging pop singer Demi Lovato’s 2015 song “Stars” improperly sampled their 2010 song “Infinity Guitars,” and the presiding California federal judge tossed the case at their request Tuesday.

  • December 12, 2017

    Misconduct Gets DLA Piper Attys Tossed From Dish IP Row

    DLA Piper attorneys were thrown out of Dish Network LLC’s trademark suit against a DirecTV retailer Tuesday after they asked to file one too many amended complaints, as an Ohio federal judge ruled that the company’s latest attempt to rework its case was “blatant” bad faith conduct.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.

  • The Case Of New York’s 5Pointz: Who Owns Graffiti Art?

    Roberta Jacobs-Meadway

    Last month, a New York district court ruled in Cohen v. G&M that a real estate developer's demolition of famous graffiti space 5Pointz violated an obscure federal statute. This ruling may represent an expanded conception of what visual art qualifies for protection under the Visual Artists Rights Act, says Roberta Jacobs-Meadway of Eckert Seamans Cherin & Mellott LLC.

  • PTAB Changes Begin To Help Inventors

    Russell Slifer

    The past year has seen significant changes to all practice areas before the Patent Trial and Appeal Board. Many of these changes are positive for patent owners, innovators, inventors and the U.S. patent system, says Russell Slifer, a principal at Schwegman Lundberg & Woessner PA and former deputy director of the U.S. Patent and Trademark Office.

  • IP Protection Tips For Connected And Autonomous Vehicles

    Clinton Brannon

    The best intellectual property strategy to protect connected and autonomous vehicle developments will depend on multiple factors. With appropriate planning, a company may successfully employ a strategy involving both patents and trade secrets to maximize the chances of protecting innovation, say attorneys with Mayer Brown LLP.

  • Be Less Skeptical Of China's Patent Enforcement Strength

    Junqi Hang

    From the perspective of venue availability, continued skepticism over China's patent enforcement strength is unwarranted. After all, China is increasingly a preferred venue for patent litigation, even for U.S. patent owners — maybe more so since the U.S. Supreme Court's TC Heartland ruling, say Junqi Hang and Qingfen Hao of Dragon Intellectual Property Law Firm.

  • New Defense IP Provisions Will Impact Contractor Data Rights

    Mary Beth Bosco

    Contractors need to prepare for the 2018 version of the National Defense Authorization Act, which includes significant changes to the U.S. Department of Defense approach to acquiring and licensing intellectual property, says Mary Beth Bosco of Holland & Knight LLP.

  • Does Your Rule 12 Motion Based On Fair Use Have A Chance?

    Amelia Brankov

    While Rule 12 motions are tempting because success can bring clients early victory, counsel should think carefully and consider a number of practice pointers before deciding whether doing so is worth the time and expense, say Amelia Brankov and Azita Iskandar of Frankfurt Kurnit Klein & Selz PC.

  • Series

    My Supreme Court Debut: 2 Moots And A Sweet Celebration

    Ginger Anders

    In my first argument at the U.S. Supreme Court, and each one thereafter, I stood up only after having been intensively questioned by my colleagues and having received their insights, advice and reactions, says Ginger Anders of Munger Tolles & Olson LLP.

  • Proactive Brand Protection Strategies For Pharma Innovators

    Laura Vogel

    Given the high cost of litigation and what's at stake in loss of market share to generic drug manufacturers, brand drug companies should employ a multipronged drug development and pre-litigation strategy, coming to market well prepared for battle, say Laura Vogel and Bella Satra of Barclay Damon LLP.