Intellectual Property

  • August 10, 2017

    Fed. Circ. Snubs Amgen Bid For More Info On Pfizer Biosimilar

    The Federal Circuit on Thursday shot down Amgen Inc.’s bid to squeeze more information out of Pfizer Inc. about a proposed biosimilar of anemia drug Epogen, finding that Amgen doesn’t need the information to defend its patents.

  • August 10, 2017

    WTC Owner Says Trademark Suit 'Defies Common Sense'

    The owner of the World Trade Center is pushing to end a trademark lawsuit over the name of the famous complex, saying the claim that it needs to pay to use the name "defies common sense."

  • August 10, 2017

    Judge Won't Ax Forbes Award Over Ukrainian Edition

    A New York federal judge on Wednesday denied a pair of companies’ bid to vacate an arbitration award that blocked them from publishing the Ukrainian edition of Forbes, rejecting their contention that the arbitrator acted unfairly by declining to postpone proceedings at certain times.

  • August 10, 2017

    LED Patents Nixed On Bad Expert Testimony, Fed. Circ. Told

    Nichia Corp. urged the Federal Circuit in oral arguments Thursday to revive two LED semiconductor patents it says were invalidated by a jury relying on expert testimony from its rival that doesn’t line up with the prior art for making LEDs in the desired color.

  • August 10, 2017

    Fed. Circ. Shuts Down NC Lottery’s ‘First Tuesday’ TM Bid

    The Federal Circuit on Thursday affirmed the rejection of a bid by North Carolina's lottery to register “First Tuesday” as a trademark, holding that the phrase simply describes the day that a new set of scratch-off tickets is offered each month.

  • August 10, 2017

    Ex-Ambassador To Czech Republic Rejoins Quinn Emanuel

    Quinn Emanuel Urquhart & Sullivan LLP said Wednesday that an attorney who specializes in intellectual property, white collar crime, securities litigation and appeals, who previously left the firm to serve as a U.S. ambassador, has returned to work out of the firm's Chicago and New York offices.

  • August 10, 2017

    Vivian Maier Collector, Estate Agree To Talk in IP Row

    Counsel for a man who has amassed one of the world’s largest collections of amateur photographer Vivian Maier’s work will meet with the manager of Maier’s estate to discuss settling a long-running dispute over ownership of the photos’ copyright, he told an Illinois federal judge on Thursday.

  • August 10, 2017

    Cheerleader Uniform IP Case Ends With Unusual Settlement

    Five months after the U.S. Supreme Court ruled on a long-running copyright fight between two cheerleading uniform companies, the case came to a conclusion Thursday with an unusual settlement reached without one party's consent.

  • August 10, 2017

    NBA 2K Moves To Kill 'Troubling' Tattoo Copyright Suit

    Take-Two Interactive is moving to shut down a lawsuit filed over copyrighted tattoos on Lebron James and other players who appear in its popular "NBA 2K" video game franchise, saying the “troubling” case must be “halted in its tracks.”

  • August 9, 2017

    Trading Tech Co. Owes $2.3M For Misusing IP, Jury Holds

    A Colorado federal jury on Wednesday found that a trading software company’s CEO breached a contract to pay an industry-renowned futures trader for the use of his proprietary market indicator formula, and held the company and its CEO owe the author $2.6 million.

  • August 9, 2017

    What You Need To Know About Arbitrating At WIPO

    The use of international arbitration to resolve intellectual property disputes may be on the rise lately, but that doesn’t mean it’s a new concept — in fact, one institution has been quietly administering such proceedings for more than two decades. Here, Law360 takes a closer look at the WIPO Arbitration and Mediation Center, and what you need to know if you’re considering bringing a dispute to WIPO.

  • August 9, 2017

    Judge Mulls Shielding FTC Informants In Qualcomm Suit

    A California magistrate judge told the Federal Trade Commission on Wednesday that it has a week to provide more details about why the agency shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, saying he wants to learn a little more before ruling on the issue.

  • August 9, 2017

    Fed. Circ. Declines To Rehear Cisco, Oracle Patent Win

    The Federal Circuit on Tuesday rejected Crossroads Systems Inc.’s request for a full-court rehearing of its appeals of Patent Trial and Appeal Board decisions to invalidate its storage patents as part of a challenge brought by Cisco Systems Inc., Oracle Corp. and three other companies.

  • August 9, 2017

    3 Lessons From Under Armour's China Trademark Victory

    Under Armour announced last week that it had won a trademark victory in Chinese court over a knockoff sportswear line, a hopeful sign for American and European brand owners looking to enter the country’s expanding consumer market. From the attorney who won the ruling, here are three lessons for companies and lawyers hoping to do the same.

  • August 9, 2017

    Fed. Circ. Declines To Rehear GoDaddy Email Patent Win

    The Federal Circuit on Tuesday rejected RPost Communications Ltd.’s request to rehear its affirmation of a lower court's ruling that six of the company’s electronic messaging patents are invalid under Alice for claiming only abstract ideas about collecting information, preserving a win for GoDaddy.com LLC.

  • August 9, 2017

    NASA Antenna Maker Says Apple Copied Tech In IPhone

    A Utah-based antenna maker who's licensed products to the National Aeronautics and Space Administration and the U.S. Department of Defense sued Apple Inc. in federal court Wednesday, claiming the tech giant copied its patented antenna technology and uses it in its iPhone and other products.

  • August 9, 2017

    T-Mobile Accused Of Infringing 4 Patents With LTE Network

    Intellectual Ventures accused T-Mobile and Ericsson of infringing four of its patents related to wireless transmission with their growing Long Term Evolution network in a suit filed Wednesday in Texas federal court. 

  • August 9, 2017

    Fed. Circ. Tosses Romag Fee Award In Fossil Patent, TM Case

    The Federal Circuit on Wednesday threw out a lower court’s decision to award Romag Fasteners about $2.5 million in attorneys' fees in a patent and trademark infringement case against Fossil, finding fault with a number of the court’s conclusions.

  • August 9, 2017

    Trade Secrets Victor Had No Part In Tech, Fed. Circ. Told

    A cardiovascular medical device company on the losing end of a $112 million trade secrets suit urged the Federal Circuit in oral arguments to upend findings that its collaborator-turned-rival played an important role in its own development of the technology.

  • August 9, 2017

    Fed. Circ. Affirms Atty's Ban From USPTO Practice

    The U.S. Patent and Trademark Office's disbarment of an attorney who moved a disputed $1.2 million client award into his children's trust funds was upheld Tuesday by the Federal Circuit.

Expert Analysis

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • EU-Canada Trade And Trademarks: What CETA Means For Feta

    Diana Wade

    The Comprehensive Economic and Trade Agreement will require Canadian producers and distributors — and U.S. producers who also wish to sell in Canada — to develop different trademark filing and marketing strategies based on where a cheese product is sold, says Diana Wade of Knobbe Martens.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Exhausted: Courts Reject Restraints On Alienation Of IP

    Jason Russell

    With its recent decisions in Impression Products and Kirtsaeng, the U.S. Supreme Court emphatically has endorsed a sweeping interpretation of the patent exhaustion and first sale doctrines, which is likely to have significant effects on commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Distilling The 'Tequila' Trademark Trial And Appeal Board Case

    David Kluft

    Monday is National Tequila Day, and tequila manufacturers may have more reason to celebrate than usual — this year a trade association of Mexican companies finally won its battle to register "Tequila" as a certification mark in the United States, says David Kluft of Foley Hoag LLP.

  • Current Trends In Biologics-Related Inter Partes Reviews

    John Molenda

    There were roughly 100 biologics-related inter partes review petitions filed between September 2012 and April 2017. John Molenda and Richard Praseuth of Steptoe & Johnson LLP take a look at the types of patents being challenged and the success rates of those challenges.

  • Using Music In Your Work: Copyright Tips For Companies

    Joy Butler

    Music has the power to elevate the mundane and help make dry business topics more exciting and engaging. But when employees are unaware of the copyright implications of using music in presentations, web content, videos and other branded materials, businesses face the risk of copyright lawsuits and fines, says attorney Joy Butler.

  • 5 Strategies For Winning On Pre-Appeal At The USPTO

    Richard Coller

    When facing a final rejection of a utility patent application, if you feel strongly about the merits of your arguments of record but are apprehensive about proceeding with a full appeal, you may want to consider the pre-appeal brief request for review, say Richard Coller and Ian Soule of Sterne Kessler Goldstein & Fox PLLC.