Intellectual Property

  • April 21, 2017

    In-Flux DOJ Looks To Extend Deadlines In AmEx, BMI Appeals

    Two of the U.S. Department of Justice's biggest pending antitrust appellate fights against AmEx and BMI are poised to remain on ice until summer, as the watchdog waits for its new leadership to get into place.

  • April 21, 2017

    PTAB Invalidates Computer Security Patent In Sony Challenge

    The Patent Trial and Appeal Board on Thursday invalidated a patent related to internet communications that was challenged by Sony Mobile, handing the telecommunications company another victory in its global patent dispute with a Finnish cybersecurity firm.

  • April 21, 2017

    CrossFit Supplier Says Reseller Is Ripping Off Jump Rope

    A workout equipment manufacturer told a California federal court Thursday that a former reseller copies its designs for a jump rope endorsed by the popular exercise program CrossFit, demanding the reseller cease doing so and compensate the company for lost business.

  • April 21, 2017

    Honigman Miller Adds Ex-Kirkland & Ellis IP Atty In Chicago

    Honigman Miller Schwartz and Cohn LLP said this week that it has bolstered its intellectual property department in its Chicago office with the addition of a former Kirkland & Ellis LLP attorney who represents clients in life sciences and other industries.

  • April 21, 2017

    The Firms Filing The Most Copyright Cases

    The 10 law firms that filed the most copyright suits in the first quarter of 2017 all fit a very particular bill: small shops that specialize in mass filing new cases over a particular type of work, like pornography or fabric designs.

  • April 21, 2017

    The Firms Filing The Most Patent Cases

    Puerto Rico’s Ferraiuoli LLC has filed more patent lawsuits than any other law firm in the first part of 2017, headlining a top 10 list dominated by firms that have brought numerous cases on behalf of clients owning patents related to computer technologies.

  • April 21, 2017

    Winston & Strawn Adds 4 Litigators From Fish In Calif., Dallas

    Winston & Strawn LLP has added four litigators from Fish & Richardson PC who specialize in commercial, business and intellectual property matters as partners in its Silicon Valley and Dallas offices, the firm has announced.

  • April 21, 2017

    The Firms Filing The Most Trademark Cases

    The five firms that filed the most trademark suits in the first quarter of 2017 were led, unsurprisingly, by specialized boutiques that routinely lodge mass-defendant anti-counterfeiting cases on behalf of fashion brands like Luxottica and Chanel.

  • April 20, 2017

    Hendrix’s Estate Defends Rescinding Concert Film Deal

    Jimi Hendrix’s estate urged a California state appellate court Thursday to reverse a lower court’s determination it couldn’t rescind its deal with a filmmaker, saying his “unreasonable” decision to block Sony Music Entertainment’s distribution plans for a 1969 concert film violated their implied good faith covenant.

  • April 20, 2017

    Prince's Estate Wins Temporary Block Of New Tracks' Release

    A six-song EP of unreleased Prince tracks won’t be coming out on the anniversary of his death after a Minnesota federal judge issued a temporary restraining order Wednesday at the request of the late musician’s estate, which claimed the engineer distributing the EP doesn’t have the rights to the tracks.

  • April 20, 2017

    Alec Baldwin Beats Dismissal Bid In Fake Painting Suit

    A New York state court judge kept alive Alec Baldwin’s allegations that an art gallery owner intentionally sold him a counterfeit painting for $190,000, ruling Thursday the actor had sufficiently alleged the gallery deliberately hid the fraud from him.

  • April 20, 2017

    Chance The Rapper Seeks Protective Order Over Fake Merch

    Chicago-based entertainer Chance the Rapper is preemptively suing would-be merchandise bootleggers in preparation for his tour this spring, in a complaint filed in Illinois federal court on Wednesday.

  • April 20, 2017

    Giants' Manning Issues 'Angry' Denial Of Memorabilia Fraud

    New York Giants quarterback Eli Manning firmly denied Thursday allegations that he defrauded sports memorabilia dealers, after a dealer's attorneys in a 3-year-old New Jersey lawsuit against the team said a 2010 email exchange with the team equipment manager proves Manning provided fake game-used helmets.

  • April 20, 2017

    Fed. Circ. Urged To Rehear Apple, Facebook IP Suit

    Evolutionary Intelligence LLC on Wednesday asked the Federal Circuit to reconsider the dismissal of its patent suit against Apple Inc., Facebook Inc. and other technology giants, arguing that the court wrongly applied the Supreme Court’s Alice test to two patents covering computer processes.

  • April 20, 2017

    SAS Presses High Court Over PTAB's Partial Reviews

    SAS Institute Inc. is pushing the U.S. Supreme Court to weigh in on the Patent Trial and Appeal Board’s practice of limiting its final decisions to patent claims that it agreed to review, arguing that the patent office had “selfishly” put its own efficiencies ahead of litigants and the courts.

  • April 20, 2017

    Trump's Pick For No. 2 Commerce Position Bows Out

    President Donald Trump’s pick for the No. 2 spot at the Department of Commerce, Todd Ricketts, has withdrawn his nomination for the position, according to a Wednesday report from the Chicago Sun-Times.

  • April 20, 2017

    Atty Loses Bid For Restraining Order In Trade Secrets Fight

    A California federal judge on Thursday denied a request for a temporary restraining order by an attorney alleging a former partner stole trade secrets and client data to launch a competing law firm, after he accused the former partner of destroying evidence and providing false testimony.

  • April 20, 2017

    Stryker Cut From Zimmer's Howmedica Trade Secrets Suit

    Medical technology company Zimmer Inc., Howmedica Osteonics Corp. and others have agreed to cut Stryker Corp. from Zimmer’s lawsuit accusing Howmedica of developing a “Trojan horse” plan to steal its trade secrets, as long as certain conditions apply.

  • April 20, 2017

    Momenta, Sandoz Again Try To Nix Amphastar's Antitrust Suit

    Momenta and Sandoz on Thursday asked a Massachusetts federal judge to toss a revived antitrust suit by Amphastar claiming they stifled competition for generic anticoagulant enoxaparin, saying there have been no barriers to selling the drug.

  • April 20, 2017

    Apple, Cell Cos. Hit With Patent Suit After $22M Trial Loss

    A subsidiary of major patent licensing firm Acacia Research Corp. that recently won a $22 million patent suit against Apple has filed another suit against the tech giant and others in Texas federal court, alleging that the companies are copying technology related to emergency calling, messaging and carrier aggregation. 

Expert Analysis

  • Pre-1972 Songs Ruling May Lead To Good Vibrations

    Stanton “Larry” Stein

    While the Second Circuit’s holding in Capitol Records v. Vimeo and the U.S. Supreme Court’s recent refusal to disturb it may be a disappointment for record labels and other rights holders, the upside is that it's a step in the direction of providing uniformity in the copyright laws as they apply to sound recordings, say Stanton Stein and Diana Sanders of Liner LLP.

  • New Strategies For Licensing Of Multicomponent Inventions

    Renato Smith

    The U.S. Supreme Court's recent decision in Life Technologies v. Promega provides licensees with new maneuvers to reduce royalty burdens, and calls for licensors to implement new provisions and techniques for license agreements, say Renato Smith and Sang Eun Lee of Barclay Damon LLP.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Filing Foreign Patents: 3rd-Party Disclosure Considerations

    Hannah Buckley

    For U.S. patent applications filed following a disclosure of the invention, the one-year grace period provides a useful safety net. However, in other territories much stricter rules apply, say Hannah Buckley and Stuart Lumsden of Marks & Clerk.

  • 'Star Trek' Kickstarts Clash Between Crowdfunding And IP

    Robert R. Jimenez

    While crowdfunding for content creation has led to traditional disputes among rights holders and would-be competitors, it has been the war between content owners and their consumers that has been of recent interest. No case is more representative of what is happening than the battle between "Star Trek" and a fan film, "Prelude to Axanar," says Robert Jimenez of Espinosa Trueba Martinez PL.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Rebuttal

    The State Of The IP Boutique — In A General Practice Firm

    Charles F. Wieland III

    As we read Jorge Goldstein and Michael Ray’s excellent Law360 guest article, "The State Of The IP Boutique," it occurred to us that we might have a broader perspective of the migration of IP practices into general practice firms. We lived this progression, and we believe being in a general practice firm makes us better attorneys than we were in a boutique, say Charles Wieland and Philip Hirschhorn, co-chairmen of Buchanan Ingersoll... (continued)

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Patent Eligibility And Fed. Circ. F-35 Helmet Case

    James L. Reed

    James Reed of Squire Patton Boggs LLP explores whether the Federal Circuit's recent ruling in Thales Visionix sheds any new light on the patent eligibility of an innovation that uses a mathematical model to produce a desired result.