Intellectual Property

  • 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. 

  • April 20, 2017

    Fed. Circ. Largely Upholds PTAB Win For Nokia, ZTE

    The Federal Circuit on Thursday mostly sided with the Patent Trial and Appeal Board in affirming a decision that invalidated an IPR Licensing Inc. patent covering communications devices that can use both cell networks and Wi-Fi, which was originally challenged by ZTE Corp. and the Nokia unit of Microsoft Corp.

  • April 20, 2017

    Models Say Swingers Club Manager Can’t Leave Ad Suit

    More than two dozen models have asked a Florida federal court to reject a request by a Miami swingers club manager to drop her from their suit alleging their images were used in advertising for the venue without permission, asserting that she was just as culpable as her businesses.

  • April 20, 2017

    Abbott & Costello Heirs Take Copyright Case To High Court

    The heirs of comedy duo Abbott and Costello are headed to the U.S. Supreme Court, asking the justices to revive their copyright case against the producers of a popular Broadway play that features the famous "Who's on First?" comedy routine.

  • April 20, 2017

    Cornell, Illumina Settle Long-Running DNA Analysis IP Suit

    Cornell University and Illumina Inc. have resolved a lawsuit over the latter’s alleged infringement of 11 patents covering methods of and instruments for DNA and RNA sequencing, according to a Tuesday filing in Delaware federal court.

  • April 20, 2017

    Pierce Atwood Hires 2 Partners To Strengthen IP Practice

    Two new partners have joined Pierce Atwood LLP's intellectual property practice, one from from Seyfarth Shaw PC with experience developing patents for Amazon, and another from Wolf Greenfield & Sacks PC who has represented Sony in patent disputes, the firm said this week. 

  • April 20, 2017

    DraftKings, Others Fight Bid For Source Code In IP Suit

    Daily fantasy sports company DraftKings and a group of other gaming companies on Wednesday asked a Nevada federal court to deny a bid by two gambling technology companies to force them to produce their source code in Las Vegas as part of a patent suit, arguing they have already agreed to produce the code at their counsel’s offices pursuant to a prior agreement.

Expert Analysis

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • Deciphering The Scope Of Competing Trade Secret Standards

    Peter M. Brody

    The Ninth Circuit is currently deciding whether a defendant can be criminally liable under the pre-Defend Trade Secrets Act definition for misappropriating a trade secret when the allegedly secret information had been previously disclosed to a competitor. While the Third, Seventh and Ninth Circuits have already faced this question in some form, none have yet answered it definitively, say attorneys with Ropes & Gray LLP.

  • The State Of The IP Boutique: Part 2

    Jorge A. Goldstein

    Success for intellectual property boutiques is no longer based on expertise only in patent preparation and prosecution or only in litigation. Today, success lies in the careful balancing of four external factors and four internal factors, say Jorge Goldstein and Michael Ray of Sterne Kessler Goldstein and Fox PLLC.

  • Takeaways From Trump’s Recent TM Victories In China

    Amy Hsiao

    Shortly after Donald Trump became president and decided not to challenge China’s policy in Taiwan, more than 30 of his trademark applications in China were all immediately approved. Is the timing simply a coincidence? Either way, the approvals are a clear indication that U.S. brands are enjoying greater protections in China, says Amy Hsiao of The Sladkus Law Group.

  • The State Of The IP Boutique: Part 1

    Jorge A. Goldstein

    Many intellectual property boutiques continue disappearing, either by closing shop altogether or by merging with general firms. Those of us still standing, bewildered and saddened by the loss of our venerable competitors, must continuously ask: How can we avoid being next? And, more importantly, can we thrive in this highly competitive environment? say Jorge Goldstein and Michael Ray of Sterne Kessler Goldstein and Fox PLLC.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • If TC Heartland Is Reversed, When To Get Out Of East Texas

    Jenny L. Colgate

    If the upcoming TC Heartland decision gives “reside” a new meaning, venue that had seemed proper when a patent case started may not be proper under the U.S. Supreme Court's new approach. It is not too early for litigants to start thinking about when, and whether, they can challenge venue in cases that are already underway, say Jenny Colgate and Nechama Potasnick of Rothwell Figg Ernst & Manbeck PC.

  • A Sign Of Targeted Patent Reform In Congress?

    Lionel M. Lavenue

    Three months into the 115th congressional term, no patent bill has been proposed yet. However, the Lawsuit Abuse Reduction Act, passed by the House in early March and not specifically targeted at patents, hints at what might come next, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Boehringer Ruling Limits Treatment Method Patent Eligibility

    Stephen Stout

    Although the New Jersey federal court's recent decision in Boehringer Ingelheim v. HEC has not garnered much attention, it shows that courts may be willing to invalidate method of treatment claims — on Section 101 grounds — even where those claims involve administering non-naturally occurring medicines, say Stephen Stout and Trey Hebert of Vinson & Elkins LLP.

  • Inside AIA Section 102's 'On-Sale' Bar

    Sharon Adams

    The America Invents Act changed the statutory language regarding when a prior disclosure may bar an inventor from receiving a patent. Section 102(a) is clear and appears to provide a bright-line test for determining when a disclosure precludes an applicant from receiving a patent. Section 102(b), however, sets forth exceptions that blow a cloud of smoke over that clarity, says patent attorney Sharon Adams.