Intellectual Property

  • April 13, 2018

    Aggrenox End-Payors Want $18M Atty Fees In $54M Deal

    Indirect buyers of Aggrenox told a Connecticut federal judge Friday that attorneys who represented the putative class alleging that Teva Pharmaceutical and Boehringer Ingelheim blocked generic alternatives to the stroke-prevention drug from coming to the market should get $18 million of the proposed $54 million settlement.

  • April 13, 2018

    Bruno Mars Exits 1 Of 3 'Uptown Funk' Infringement Suits

    Pop star Bruno Mars, music producer Mark Ronson and representatives of '80s electro-funk band Collage filed an agreement Thursday to dismiss a California federal suit over the 2014 hit “Uptown Funk,” which had been accused of ripping off Collage’s 1983 tune “Young Girls" and is still at issue in separate cases.

  • April 13, 2018

    Google Asks Fed. Circ. To Revisit Messaging IP Suit Revival

    Google LLC is urging the Federal Circuit to rehear a panel decision that gave new life to a patent lawsuit over its messaging services, arguing that the ruling raises important questions about whether continuation patents can be used to repeatedly sue a company over the same products.

  • April 13, 2018

    Berkheimer Ruling Stops Hulu From Killing Data Patent Row

    Hulu LLC can't slip out of an infringement suit over a handful of data organization patents, a California federal judge has found, citing the Federal Circuit's recent Berkheimer ruling to explain that it was too early to tell whether the asserted claims were patent-eligible.

  • April 13, 2018

    Patent Applicants With Female Names Face Bias: Yale Study

    Inventors are less likely to get their patents approved when they have “common” female names, according to a recent study by the Yale School of Management.

  • April 13, 2018

    A Conversation With Baker Botts CMO Gillian Ward

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.

  • April 13, 2018

    Sens. Urge USTR To Ensure NAFTA Tightens Copyright Rules

    A pair of senators on Friday called on U.S. Trade Representative Robert Lighthizer to ensure that U.S. trade agreements, and particularly the North American Free Trade Agreement currently being renegotiated, include strong copyright provisions that protect American innovation.

  • April 13, 2018

    Actress' Fee Win In IP Row Bars Court Doors, 9th Circ. Told

    A production company urged the Ninth Circuit Friday to overturn an award of $319,000 in attorneys' fees and costs after actress Elizabeth Banks fought off the company’s copyright infringement suit over the 2014 comedy “Walk of Shame,” arguing that the order will effectively “bar the courthouse door” to all but a few well-heeled copyright plaintiffs.

  • April 13, 2018

    Wrigley Beats Vape Co. In Starburst, Skittles Flavors TM Row

    An Illinois federal judge Thursday handed Wrigley's a quick win in its trademark suit against a no-show e-cigarette company that it claimed marketed flavors exploiting the Starburst and Skittles names, saying the Lanham Act violations of Get Wrecked Juices LLC were “willful, intentional and deliberate.”

  • April 13, 2018

    Celgene Sues To Block Dr. Reddy's Revlimid Generic

    Celgene Corp. on Thursday tried to block Dr. Reddy's Laboratories Ltd. from making and selling a generic version of its blockbuster chemotherapy drug Revlimid, accusing the Indian drugmaker in New Jersey federal court of infringing five patents.

  • April 13, 2018

    Fed Circ. Won't Rethink 'Scandalous' Trademark Ruling

    Nearly a year after the U.S. Supreme Court struck down the Lanham Act's ban on “disparaging" trademarks, the Federal Circuit on Thursday left in place a ruling that the statute’s bar on “scandalous” material is also unconstitutional.

  • April 13, 2018

    Brand Battles: Rutgers Fights Pat Robertson College Over TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Rutgers University says Pat Robertson's Regent University will confuse people with a new "R" logo, Mastercard defends its iconic interlocking circles, and Red Bull calls bull on a rival drinkmaker's logo.

  • April 12, 2018

    Olympian Urges 9th Circ. To Rescue $10M NBC Royalties Suit

    Former Olympic figure skater Oksana Baiul’s counsel asked the Ninth Circuit during a Thursday hearing to revive her suit seeking $10 million in royalty payments from NBC for the 1994 television special “Nutcracker on Ice,” arguing the case should have been sent back to state court, not dismissed.

  • April 12, 2018

    Full Fed. Circ. Won't Take On Ariosa Re-Exam Challenge

    The full Federal Circuit on Thursday declined to take up Ariosa Diagnostics Inc.’s request for a rehearing of a decision that upheld a Patent Trial and Appeal Board decision that terminated three patent re-examinations after finding the requests duplicated other failed attempts.

  • April 12, 2018

    USPTO Chief's Call For New Path On Patents Draws Cheers

    U.S. Patent and Trademark Office Director Andrei Iancu put the agency on a new course toward stronger patents with a speech Wednesday pledging to make the patent system more predictable, a move praised by experts who said he appears set to reshape patent examinations and review proceedings.

  • April 12, 2018

    Levi's Has Filed Trademark Suits Against Just About Everyone

    A new trademark case filed by Levi Strauss & Co. against a French designer over "tabs" sewn onto jeans is hardly the company’s first: Levi’s has spent the past 30 years using the Lanham Act to sue rival companies over tabs, stitching and other design features.

  • April 12, 2018

    Blackbird, Capital One Settle Fraud Alert Patent Suit

    Massachusetts-based Blackbird Technologies announced Wednesday it has reached a settlement with Capital One Financial Corp. to end claims that the bank’s methods of alerting customers to potential fraud through email and text messages infringe on three patents.

  • April 12, 2018

    Fed. Circ. OKs PTAB's Trim Of Luitpold Iron Patents

    The Federal Circuit on Thursday affirmed a set of Patent Trial and Appeal Board decisions trimming two of Luitpold Pharmaceuticals Inc.’s iron patents, shooting down the Daiichi Sankyo Co. company’s push for relief.

  • April 12, 2018

    Fed. Circ. Affirms Canon's Patent Win And $1.8M Attys' Fees

    The Federal Circuit on Wednesday upheld lower court rulings that cleared Canon Inc. of infringing flash memory card reader patents and required the companies that filed the lawsuit to pay nearly $1.8 million in Canon's attorneys' fees.

  • April 12, 2018

    Toyo Gets 2 Quick Wins In Chinese Tire IP Row

    A California federal judge on Thursday granted a partial win to Toyo Tire on its breach of contract and trade dress infringement claims against two Chinese tire companies, saying the conclusion of a 2014 suit between the parties left no question that a contract enjoined the companies from using Toyo’s trade dress.

Expert Analysis

  • A Cautionary Tale For Sublicensees

    John Loughnane

    Sirius Radio has been defending itself against a patent infringement suit that deserves the attention of any party that has ever sublicensed rights. The case is a reminder that a sublicensee whose licensor commences bankruptcy should pay close attention to the proceedings and take appropriate action, says John Loughnane of Nutter McClennen & Fish LLP.

  • IP Considerations For UK Open Banking App Developers

    Rajvinder Jagdev

    Since January of this year, consumer-facing banks in the U.K. have been required to make customers' banking data available to authorized third parties in a standardized format. As competition between open banking app developers increases, intellectual property rights will become a key legal tool, say Rajvinder Jagdev and Peter Damerell of Powell Gilbert LLP.

  • Avocado Market Ripe For Change — And Patents

    Claire Bendix

    At the end of 2017, avocados were scarce and prices were rising. Finding the next big avocado variety is a key goal among breeders, and it is essential that an effective intellectual property strategy is in place for any new variety, says Claire Bendix of Morrison & Foerster LLP.

  • Opinion

    Music Licensing Reform Is Singing The Same Old Song

    Thomas Lenard

    The recently introduced Music Modernization Act has received widespread support from most parts of the industry and would be an improvement over the status quo. However, the MMA reinforces many of the long-standing aspects of music licensing that hinder competition, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business​​​​​​​.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Evolution Of The Female Inventor

    Jessica Zurlo

    As Women’s History Month draws to a close, let’s take a moment to celebrate some of the impressive innovations of female inventors and explore why women remain underrepresented in this arena, say Jessica Zurlo and Stephanie Scruggs of Bradley Arant Boult Cummings LLP.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • 5Pointz Ruling Explores 'Moral Rights' Copyright Damages

    Xiyin Tang

    Controversially, the recent 5Pointz litigation has established that graffiti art is protected by the Visual Artists Rights Act, despite its inherent ephemerality. However, ultimately the case might be remembered less for VARA and more for the picture it paints of a city undergoing inevitable gentrification, says Xiyin Tang of Mayer Brown LLP.

  • Timing Of Patent-Eligibility Challenges In Pharma Cases

    Leslie Kushner

    Federal Circuit decisions continue to raise the question as to whether it is appropriate to challenge patent eligibility under Section 101 early in the litigation. Leslie Kushner and Eric Yecies of Holland & Knight LLP address strategic advantages of when to challenge patent eligibility, and how to defend against such challenges, with particular focus on litigation of pharmaceutical and biotechnological patents.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.