Intellectual Property

  • August 8, 2017

    Fed. Circ. Says Musician Will.i.am Can't Register 'I Am' Marks

    The Federal Circuit ruled Tuesday that pop star Will.i.am cannot register "I Am" as a trademark for accessories and cosmetics, finding the name confusingly similar to other brands that have already been registered.

  • August 7, 2017

    Greatbatch, AVX Duel Over Proof And 'Illusion' In IP Trial

    Greatbatch Ltd. and AVX Corp. opened the latest trial round in their multiyear patent war Monday by offering jurors clashing interpretations of tiny pacemaker component images, with Greatbatch saying the cross-sections clearly prove infringement and AVX calling the pictures “illusions.”

  • August 7, 2017

    Ga. Judge Moves Video Game Patent Case, Citing TC Heartland

    A Georgia federal judge has granted a video game company’s bid to move a lawsuit over gaming patents to a Washington federal court based on the U.S. Supreme Court’s recent TC Heartland ruling, holding that the decision changed the law as to the proper venue for infringement matters.

  • August 7, 2017

    'Coffee Flour' Is Generic Mark, TTAB Says

    The Trademark Trial and Appeal Board has denied the maker of a flour consisting primarily of ground-up coffee bean husks a chance to register "coffee flour" as a trademark, affirming in a precedential decision that the proposed mark was a generic term.

  • August 7, 2017

    Merck Tells Fed. Circ. Antibiotic Obvious Only In ‘Hindsight’

    Merck urged a Federal Circuit panel in oral arguments Monday to upend the invalidation of an antibiotic patent it accuses Hospira of infringing, contending the district court could only have determined the drug’s manufacturing process was an “obvious” one to try in “hindsight.”

  • August 7, 2017

    Comcast Wins First Round And Attys' Fees In OpenTV IP Row

    A California federal judge Friday found that Comcast had not infringed on one of OpenTV’s interactive television patents and allowed Comcast to seek attorneys’ fees for the disputed claim, noting he’d asked OpenTV to argue its “best shot” at proving infringement and that his ruling “bodes poorly for the remainder of their case.”

  • August 7, 2017

    Import Ban Ruling Shows PTAB Orders Cut Little Ice At ITC

    A recent decision by the U.S. International Trade Commission maintaining an import ban on products it found to infringe patents, even after those patents had been declared invalid by the Patent Trial and Appeal Board, shows how tough it is to use PTAB rulings as a defense at the commission, experts say.

  • August 7, 2017

    Fed. Circ. Backs PTAB Nix Of Controversial Podcast Patent

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision invalidating claims of a patent used to sue popular podcasters, who have mounted a public campaign against the patent owner, sealing a victory for the Electronic Frontier Foundation, which challenged the patent.

  • August 7, 2017

    Fed. Circ. Asked To Eye Patent Meaning In Expedia Suit

    A Delaware company pressed a Federal Circuit panel to reverse a trial court’s ruling that Expedia Inc., Priceline.com Inc. and Travelocity.com LP did not infringe its patented online shopping cart system, arguing Monday that the judge made a key error in claim construction.

  • August 7, 2017

    Brand Battles: Dairy Queen, Apple, Bama, Pepsi

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Dairy Queen and W.B. Mason spar over “Blizzard,” Apple takes another shot at a consent agreement, the University of Alabama tries to roll back an unauthorized merchandiser, and Pepsi argues that it hasn't abandoned the once-strong Slice soda brand.

  • August 7, 2017

    Coherus Targets Amgen's Enbrel Patent In IPR

    Coherus BioSciences Inc. on Friday asked the U.S. Patent Trial and Appeal Board to review the patentability of an Amgen patent covering a method for making etanercept, the active ingredient in arthritis drug Enbrel, saying the claims were obvious given prior discoveries.

  • August 7, 2017

    Fitness Co. Fights $1.7M Fee In ‘Perfectly Reasonable’ IP Suit

    There was nothing unusual or extraordinary in a “perfectly reasonable” patent infringement suit that nevertheless yielded an award of more than $1.7 million in attorneys' fees, the fitness company on the losing end of that district court ruling said Monday in Federal Circuit oral arguments.

  • August 7, 2017

    Estée Lauder Unit Sued Over Copycat Lipstick Packaging

    Makeup company Tatcha LLC hit an Estée Lauder Cos. Inc.-owned unit with a lawsuit in California federal court Monday, alleging that its new line of lipsticks infringe Tatcha's trade dress.

  • August 7, 2017

    Asus Computer Loses Sanctions Bid In Cellphone IP Spat

    Asus Computer International has lost its bid for sanctions in litigation over a cellphone patent that was voluntarily dismissed after a venue fight, when a Colorado federal judge ruled Sunday that the patent owner’s bid to keep the case in the Rocky Mountain State had been “thin but colorable.”

  • August 7, 2017

    Vegas Golden Knights Score Hockey TMs

    The U.S. Patent and Trademark Office has approved two trademark registrations for the NHL’s newest team, the Vegas Golden Knights, just two months before hockey season, though issues remain over the team’s attempt to register a mark for use on apparel and other merchandise.

  • August 7, 2017

    Government Must Pay $12.5M In Boeing, AATI Drone IP Row

    A Federal Claims judge on Friday ordered the government to pay $12.5 million to resolve allegations that a drone launch-and-catch system made by The Boeing Co. and Insitu Inc. for the U.S. Department of Defense infringed Advanced Aerospace Technologies Inc. patents.

  • August 7, 2017

    GE Gets Jet Engine Patent Nixed In Latest PTAB Skirmish

    The Patent Trial and Appeal Board recently invalidated a United Technologies Corp. jet engine turbine cooling patent challenged by General Electric Co., the latest win for GE in a series of inter partes reviews initiated last year.

  • August 7, 2017

    Purina Barred From Some Arguments In Cat Litter Patent Fight

    Nestle Purina PetCare Co. can attack an Oil-Dri Corp. of America cat litter patent on various grounds that it included in a petition for inter partes review, an Illinois federal judge has ruled, but the judge said certain arguments left out of the petition are off-limits.

  • August 7, 2017

    Acorda Therapeutics Slams Investor's Calls To Explore Sale

    New York-based Acorda Therapeutics on Monday fired back against a hedge fund’s calls for the biopharmaceutical company to sell itself, contending that more value can be derived from focusing on its late-stage Parkinson’s disease therapies and appealing a patent ruling concerning a multiple sclerosis drug.

  • August 7, 2017

    PTAB Invalidates Uber Digital Mapping Patent

    The Patent Trial and Appeal Board on Friday invalidated a digital mapping patent recently acquired by Uber Technologies Inc., finding a Texas Realtor trade group had shown the claimed invention would have been obvious.

Expert Analysis

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • New Chance To Bypass DMCA Copyright Circumvention Ban

    Jacqueline Charlesworth

    The U.S. Copyright Office recently initiated its seventh triennial rulemaking proceeding​ to evaluate proposed exemptions to the anti-circumvention provision in the Digital Millennium Copyright Act. With each passing cycle, the proceeding has grown in interest, participation and complexity, say Jacqueline Charlesworth, former general counsel of the Copyright Office, and Michelle Choe of Covington & Burling LLP.

  • Survey And Real-World Data: A Winning Combination

    Peter Simon

    Courts increasingly require empirical proof in cases where the impact of particular behavior, claims or statements on consumer perceptions or choices is a central focus. Primary survey data and real-world data can each offer strong evidence on its own, but substantial synergies can be obtained when the two are used together, say members of Analysis Group Inc.

  • A Circuit Split Could Keep Patent Cases In East Texas

    Sean Murray

    Patent defendants in the Eastern District of Texas rushing for the escape hatch post-TC Heartland should proceed with caution. There may be a circuit split on the intervening-decision doctrine, which means a great many of those defendants may be found to have waived their venue defense, says Sean Murray of Knobbe Martens Olson & Bear LLP.

  • Using The Inevitable Disclosure Doctrine In DTSA Cases

    Robert Duda Jr.

    In its recent decision in Molon Motor & Coil v. Nidec Motor, an Illinois federal court opened the door for applying the inevitable disclosure doctrine to claims under the Defend Trade Secrets Act — at least in the context of a motion to dismiss at the outset of a case, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Opinions Of Counsel After TC Heartland

    John Ward

    Opinions of counsel regarding patent infringement and validity in the face of an assertion of infringement were often eschewed as unnecessary or impractical. But the U.S. Supreme Court’s recent decisions in Halo and TC Heartland have reemphasized the importance of opinions of counsel, say John Ward and George Zalepa of Greenberg Traurig LLP.

  • IP Under Attack In Fashion And Movie Industries

    Laura Urquizu

    The annual value of counterfeited and pirated goods has reached a startling $1.7 trillion — and is expected to hit $2.8 trillion by 2022. It’s a dangerous mistake to assume that any company is too small to be targeted, or that any company’s customers would never buy fakes, says Laura Urquizu, CEO of Red Points.

  • Medtronic Case Illustrates High Bar For Inequitable Conduct

    Richard Stanley

    The Federal Circuit's Therasense ruling six years ago brought substantial changes to proving inequitable conduct in patent cases. What effect have the heightened standards had in practice? A recent Texas federal court opinion in Barry v. Medtronic highlights several notable issues, says Richard Stanley of Taft Stettinius & Hollister LLP.

  • Gilstrap's Venue Test: The 4 Factors And What They Mean

    Yar Chaikovsky

    On the heels of the U.S. Supreme Court's TC Heartland decision, Judge Rodney Gilstrap of the Eastern District of Texas recently ruled on venue issues in Raytheon v. Cray — but the court did not stop there. The judge also laid out a four-part framework for determining what constitutes “a regular and established place of business,” say Yar Chaikovsky and Wei Wang of Paul Hastings LLP.