Intellectual Property

  • June 13, 2017

    Reps. Considering New Patent Venue Law Post-TC Heartland

    Members of the House Judiciary Committee said Tuesday that they will closely monitor the impact of the U.S. Supreme Court’s TC Heartland decision restricting where patent suits can be filed, and are considering new legislation to better define venue rules in patent cases.

  • June 13, 2017

    'Friday the 13th' Scribe, Producer Trade Blows On Copyright

    The screenwriter and the producer of "Friday the 13th" have filed dueling motions for summary judgment over the writer’s effort to claw back control of the copyrights to the script, battling over whether his union membership legally made him an "employee" when he penned the horror classic.

  • June 13, 2017

    Aykroyd’s Vodka Co. Nears $870K Win, US Ban In IP Row

    A California federal judge tentatively ruled Tuesday that Dan Aykroyd's Crystal Head Vodka company is entitled to a U.S. sales ban and $870,000 in disgorged profits from a spirits rival that knocked off its iconic bottle — short of the worldwide ban and $13 million the company requested.

  • June 13, 2017

    Internet Consulting Co. Appeals PTAB Rulings In Fed. Circ.

    Consulting company Applications in Internet Time has urged the Federal Circuit to reverse three Patent Trial and Appeal Board rulings invalidating two of its regulatory monitoring patents, saying the board erred in allowing a patent aggregator to petition for review as a proxy for a different company accused of infringing the patents.  

  • June 13, 2017

    Calif. IT Co. Says Pakistani Partner Can’t Avoid Arbitration

    A California-based information technology company asked a federal court Monday to compel a Pakistani company to arbitrate a trade secrets dispute stemming from the parties’ customer service contract, arguing the company is trying to dodge the contract’s terms by launching a related $64 million suit in its home country.

  • June 13, 2017

    Painkiller Patents Too Vague To Stand, Fed. Circ. Says

    The Patent Trial and Appeal Board rightly rejected claims as unpatentable in two drug patent applications covering painkillers, the Federal Circuit affirmed Tuesday, finding Purdue Pharma’s patents lacked written descriptions.

  • June 13, 2017

    Louis Vuitton Says It's Not Like A Patent Troll

    Louis Vuitton Malletier SA is pushing back on demands that it pay $800,000 in attorneys' fees after unsuccessfully suing a small company over parody bags, saying it’s “simply incorrect” to compare the fashion house to a patent troll.

  • June 13, 2017

    Witness In $25M Med Device Trial Gets 15 Months For Lying

    A witness who later admitted he’d lied under oath as part of a $25 million trade secrets trial against a medical device manufacturer in the Eastern District of Texas was sentenced Tuesday to 15 months in federal prison for perjury.

  • June 13, 2017

    Plaintiffs' Attys Escape Geico's Trade Secrets Suit

    Two plaintiffs' attorneys on Tuesday escaped a Pennsylvania federal court trade secrets suit in which insurer Geico alleged they obtained confidential information during a putative class action and tried to use it to get an advantage in a similar suit against Geico rival United Services Automobile Association.

  • June 13, 2017

    Texas Atty Sues Colo. Law Firm Over 'Strong Arm' TM Rights

    A personal injury attorney in Amarillo, Texas, sued a Denver law firm in Texas federal court on Tuesday, claiming the Colorado practice is attempting to prevent him from using the term “The Strong Arm” in advertisements, a term both have long used to promote their brands and for which the Denver office recently registered a trademark.

  • June 13, 2017

    Fed. Circ. Reverses ITC Ruling That Led To Garmin Import Ban

    The Federal Circuit found Tuesday that parts of two Navico Inc. patents related to downscan sonar technology were invalid, upending a U.S. International Trade Commission order that barred the import and sale of certain Garmin International Inc. sonar products.

  • June 13, 2017

    Fed. Circ. Backs Jaguar's $2M Atty Fee Award In Patent Case

    The Federal Circuit on Tuesday affirmed a Delaware federal judge’s awarding of $2 million in attorneys’ fees and costs to Jaguar following the “exceptional” conduct of a technology company in a case where it asserted that the automaker had infringed its patent covering vehicle computing systems.

  • June 13, 2017

    FDA Rejects Coherus Application For Neulasta Biosimilar

    The U.S. Food and Drug Administration has rejected Coherus BioSciences Inc.’s Neulasta biosimilar, the company said, leading to a stock plunge of more than 20 percent.

  • June 13, 2017

    8th Circ. Again Says Pot TM Ban Violated First Amendment

    After a rare panel rehearing, the Eighth Circuit on Tuesday again ruled that administrators at Iowa State University violated the First Amendment when they refused to let pro-marijuana students use the school’s trademarks.

  • June 13, 2017

    South Africa Probes Roche, Pfizer, Aspen Over Drug Pricing

    South Africa’s Competition Commission has launched an investigation into Roche, Pfizer and Aspen over suspicions that the pharmaceutical companies have set prices for cancer drugs at excessive levels and in some cases have engaged in patent abuse, the watchdog said Tuesday.

  • June 13, 2017

    Biz Groups Call For Steady Hand In NAFTA Revamp

    The nation’s most influential business and trade associations implored the White House on Monday to take a measured approach in renegotiating the North American Free Trade Agreement and not toss some of the agreement’s most valuable provisions overboard, including its chapters on government procurement and intellectual property.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    6 Key Takeaways From High Court's Big Biosimilar Ruling

    The U.S. Supreme Court delivered a smashing win for the youthful biosimilars industry by swatting away efforts to delay the lower-cost medicines, and its ruling teed up new battles for lower courts and maybe even Congress, attorneys say. Here are six key takeaways from Monday's ruling.

  • June 12, 2017

    Fed. Circ. Affirms 'Incomprehensible' Jury Win For EMC

    A Federal Circuit panel affirmed a Delaware judge’s determination that he could not convene a retrial past court deadlines after a jury reached a mistaken verdict that a company founded by two former EMC Corp. employees infringed its data protection patents, according to a one-line order issued Monday without an opinion.

  • June 12, 2017

    'Monkey Selfie' Case Swings To PETA Fitness To Rep Macaque

    The case of whether monkeys can hold copyrights got more bananas Friday, as PETA and the photographer who allegedly infringed a monkey's IP rights argued over whether a former PETA primatologist's arrest for allegedly harassing the organization's general counsel shows the group is unfit to represent the monkey.

Expert Analysis

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • Predicting The Success Of Claim-Rejection Appeals

    Sameer Vadera

    Patent applicants seeking review of examiners’ claim rejections can leverage the correlation between art unit allowance rates and appeal cycle allowance prospects to inform appeal entry decisions, say Sameer Vadera and Kate Gaudry of Kilpatrick Townsend & Stockton LLP.

  • The Trick To Trademarking Micro-Moments In Sports

    Ryan Hilbert

    One of the most interesting recent developments in the sports apparel industry is the commercialization of unexpected, instantly memorable happenings during a game. But the same characteristics that make these micro-moments so appealing also create the possibility for tremendous risk in the world of trademarks, says Ryan Hilbert of Holley & Menker PA.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • What Braintree Means For Intent To Induce Infringement

    Gerald Flattmann

    This month, the Federal Circuit reversed a decision of noninfringement in Braintree v. Breckenridge, providing further guidance in the recent body of decisions under the Hatch-Waxman scheme regarding when proposed drug labeling evidences intent to induce patent infringement, say attorneys with Paul Hastings LLP.

  • The Narrowing Scope Of Covered Business Method Review

    Ali Dhanani

    Covered business method reviews had proved to be an effective way to file petitions outside of the strict limitations of inter partes reviews. However, the Federal Circuit's recent decision in Secure Axcess v. PNC and the Patent Trial and Appeal Board's ruling in Google v. HBAC will make it significantly harder to seek those reviews, says Ali Dhanani of Baker Botts LLP.

  • Takeaways From Ivanka Trump’s TM Approval In China

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    Last month, when three of Ivanka Trump's company trademarks in China were approved the very day she dined with China’s president, there was special-treatment speculation. But the real issue for brands should be: Is China more equipped now to protect the trademark rights of public figures? says Amy Hsiao of The Sladkus Law Group.

  • The Legal Road Ahead For Autonomous Vehicles

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    Human error on the roads costs countless lives. As artificial intelligence in the driver’s seat grows more advanced, better outcomes are possible. But autonomous vehicles present many legal complexities. In this video, Eversheds Sutherland LLP partners Michael Nelson and Charlotte Walker-Osborn discuss the compliance challenges of the driverless future.

  • Employer Cybersecurity Measures For Trade Secret Protection

    Excerpt from Lexis Practice Advisor
    Kevin Cloutier

    Establishing and maintaining formalized workplace cybersecurity programs can help minimize the risk of trade secret misappropriation by reducing opportunities for unauthorized parties to gain access to an employer’s networks, computers and data. Attorneys with Sheppard Mullin Richter & Hampton LLP offer guidance on cybersecurity measures available to employers to protect their confidential information and trade secrets.