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Intellectual Property

  • June 14, 2018

    Venable Nabs Ex-K&L Gates IP Pro In New York

    Venable LLP has added a former K&L Gates LLP partner with over 20 years of experience litigating and counseling on copyright, trademark and patent matters to its intellectual property transactions practice, the firm announced.

  • June 13, 2018

    DJ Khaled Hits Online Retailer With TM Suit Over Son’s Name

    Record producer DJ Khaled has accused an online retailer of illegally using his infant son’s name for apparel, claiming in a trademark suit that the merchant even tried to prevent him from sealing a deal with Nike.

  • June 13, 2018

    Fed. Circ. Won't Undo Gilstrap’s Venue Waiver Ruling

    The Federal Circuit on Wednesday left intact a ruling from U.S. District Judge Rodney Gilstrap that air mattress manufacturers including Coleman Co. that intervened in a patent infringement case had waived their right to challenge venue in the Eastern District of Texas.

  • June 13, 2018

    No New Trial Over 5Pointz Graffiti Destruction, Judge Says

    A New York City real estate developer who demolished the famed graffiti space 5Pointz won't get a new trial, after a federal judge Wednesday issued a scathing opinion that blasted the owner for lying in court and other “egregious behavior.”

  • June 13, 2018

    PTAB Shuts Down Challenge To Gilead's Hep C Drug Patents

    The Patent Trial and Appeal Board on Wednesday shot down the last of eight related requests filed by a nonprofit group focused on drug competition to review Gilead Pharmasset LLC's patents covering its series of blockbuster hepatitis C medications.

  • June 13, 2018

    PTAB Nixes Parts Of 3 Bedgear Pillow Patents

    The Patent Trial and Appeal Board on Tuesday invalidated parts of three Bedgear LLC patents covering so-called performance pillows that are at the center of an infringement suit against a rival bedding company.

  • June 13, 2018

    Fed. Circ. OKs PTAB Trim Of Allure’s Smart Thermostat Patent

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board’s decision to invalidate several claims from a patent covering an Allure Energy Inc. smart thermometer that adjusts its settings based on the preferences of individuals in the room.

  • June 13, 2018

    Fed. Circ. Upholds PTAB's Save Of Transocean Patents

    The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision that rejected challenges to three Transocean patents covering offshore drilling technology, an invention the PTAB said “moved the industry.”

  • June 13, 2018

    Apple Can't Kill Suit Over Ex-Sony, Nokia Phone Patents

    Apple Inc. can’t make an early escape from a suit alleging that several models of its iPhone infringe three patents related to silence and ignore features, a Delaware federal judge ruled Tuesday, rejecting the technology giant’s contention that the patents — once held by Sony, Nokia and others — were invalid under Alice.

  • June 13, 2018

    Greenberg Traurig Nabs Fried Frank IP Ace For ITC Group

    Greenberg Traurig LLP has snapped up a veteran patent litigator from Fried Frank Harris Shriver & Jacobson LLP to chair the firm's International Trade Commission practice.

  • June 13, 2018

    Photo Co. Fights to Keep Suit Over Melania Pics Alive

    A photo syndication company asserting copyright protections over racy pictures of first lady Melania Trump from her early modeling career urged a Florida federal court on Tuesday to keep the lawsuit alive, saying that it is the owner of the copyrighted works at issue.

  • June 13, 2018

    Ford Asks 6th Circ. To OK Toss Of Ex-Patent Atty’s Suit

    Ford Motor Co. asked the Sixth Circuit on Tuesday to reject a bid by a former patent lawyer for the company to revive her claims that the automaker was conspiring to stop her from finding another job, saying that her “unfitness as an employee” — not a conspiracy — is at the root of her troubles.

  • June 13, 2018

    GSA Risked ‘Disaster’ With Court Security Snafu, Judge Says

    The California federal judge overseeing a patent trial between Kenu Inc. and Belkin International eased up Wednesday on Belkin’s litigation services company, which he’d previously threatened with criminal fraud charges, saying new information showed the General Services Administration was mostly to blame for a breach of courthouse security protocols.

  • June 13, 2018

    Google Denied Litigation Finance Info In Balloon IP Suit

    A California federal magistrate judge has denied Google LLC’s attempts to force Space Data Corp. to hand over documents allegedly detailing its discussion of litigation funding as part of a suit accusing the tech giant of stealing balloon-based internet technology.

  • June 13, 2018

    Fracking Equipment Co. Says Ex-Manager Solicited Worker

    AWC Frac Valves Inc., a company based in Conroe, Texas, that makes equipment used in hydraulic fracturing operations, has filed a lawsuit in state district court in Houston against a former manager, alleging that he went to work for a competitor and violated an employment agreement by soliciting an AWC employee.

  • June 13, 2018

    Seattle Firm Grows Real Estate, IP, Construction Practices

    Seattle-based Cairncross & Hempelmann PS has added three associates to its construction litigation, intellectual property and technology, and real estate practices, the firm said Tuesday.

  • June 13, 2018

    Luxury Brands Must Pay For Web Blocking: UK Top Court

    The UK’s top appeals court ruled Wednesday that luxury brands like Cartier, and not internet service providers, must foot the bill for blocking access to counterfeit websites.

  • June 12, 2018

    College Athletes, Fantasy Cos. Spar Over Use Of Stats

    A trio of college athletes have argued that daily fantasy sports operators DraftKings and FanDuel are wrongly relying on a precedent that allows fantasy sports to use the statistical information from games to try to escape a proposed publicity rights class action that has landed before the Indiana Supreme Court.

  • June 12, 2018

    Comedians' Heirs Owe Fees In 'Who's On First' Copyright Row

    The heirs of comedy duo Abbott and Costello will have to pay attorneys’ fees to the makers of a Broadway play that used the famous “Who’s on First?” routine, a New York federal judge ruled Tuesday, adopting a report that found the heirs had been unreasonable to bring the case.

  • June 12, 2018

    Iancu Decries ‘Tortured Exercise’ Of Patent Eligibility Analysis

    U.S. Patent and Trademark Office Director Andrei Iancu said in a speech Monday at a conference in San Francisco that recent case law on patent eligibility has made it “extremely difficult” for anyone to tell what can and cannot be patented, and that “it is incumbent upon all of us to find a clearer path.”

Expert Analysis

  • 1 Year Of TC Heartland, 7 Lessons About Patent Venue

    Manuel Velez

    A year ago, the U.S. Supreme Court upended long-standing practice when it held that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute. The TC Heartland decision created many questions that courts have been grappling with ever since, says Manuel Velez of Mayer Brown LLP.

  • Opinion

    ITC Should Reconsider Realtek R&D Standard

    Rett Snotherly

    The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • 2 Court Standards For Statutory Damages In Copyright Cases

    Amy Fitts

    The recent District of Kansas decision in Energy Intelligence Group v. CHS McPherson Refinery highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue, say Amy Fitts and Benton Keatley of Polsinelli PC.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.