Intellectual Property

  • 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.

  • April 12, 2018

    Apple's Infringement In $502M Security IP Row Willful: Jury

    One day after finding Apple Inc. infringed VirnetX network security patents, a jury in the Eastern District of Texas on Wednesday found the infringement was willful, a decision that has the potential to put the iPhone maker on the hook for more than $1.5 billion in damages after an initial award of over $502 million.

  • April 12, 2018

    Wachtell Adds Ex-Silicon Valley Tech, IP Deals Pro In NY

    A Silicon Valley technology transactions and intellectual property specialist has taken his practice back to New York after more than 20 years at Wilson Sonsini Goodrich & Rosati PC, joining Wachtell Lipton Rosen & Katz in a rare lateral move for the firm.

  • April 12, 2018

    Booking.com Asks Full 4th Circ. To Nix USPTO Atty Fee Rule

    Booking.com is pushing for an unusual fast-track appeal to the en banc Fourth Circuit after it was ordered to pay the U.S. Patent and Trademark Office a whopping $76,000 in attorneys’ fees even after winning a case.

Expert Analysis

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Examining Exergen For Patent Eligibility Clues

    Matthew Siegal

    As illustrated by the Federal Circuit's recent decision in Exergen v. Kaz, not every diagnosis patent is invalid for being directed to a law of nature. An analysis of the majority and dissenting opinions, as well as the way the claims at issue were worded, will hopefully shed light on the types of claims that will survive eligibility challenges, says Matthew Siegal of Dilworth & Barrese LLP.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.

  • Where PTAB Reform May Be Headed

    Kevin Greenleaf

    The new director of the U.S. Patent and Trademark Office has voiced openness to Patent Trial and Appeal Board reform, while the PTAB faces increased scrutiny from the Federal Circuit, intellectual property law associations, technology companies and Congress, as well as prospective admonishments from the U.S. Supreme Court in its forthcoming Oil States and SAS decisions, say Kevin Greenleaf and Scott Cummings of Dentons.

  • Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

    Arturo González

    One piece of “bad” evidence can sink a client at trial. This article addresses some of the bad evidence that we — Uber’s counsel — encountered in the Waymo v. Uber trade secrets battle and explains how that evidence was neutralized in front of the court and at trial, say Arturo González and Esther Kim Chang of Morrison & Foerster LLP.

  • 2 Things Missing From Debates On US-China Fights

    Scott Kieff

    Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Alice Angst Intensifies

    Robert Stoll

    With three decisions last month, the ethereal world of patent subject matter eligibility is getting even murkier. As jurists and practitioners try to work through the confusion created by the U.S. Supreme Court's untenable Alice test, the U.S. patent community is suffering, says ​​​​​​​Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner for patents.

  • Texas High Court Ruling On Patent Agents May Be Influential

    Perry Napolitano

    The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.

  • Persistence Pays Off For Adidas In EU Trademark Dispute

    Simon Aytron

    This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.