Intellectual Property

  • February 16, 2021

    Full Fed. Circ. Won't Rethink Ruling UT Isn't Immune From IPR

    The full Federal Circuit on Tuesday declined to take another look at whether the University of Texas can use sovereign immunity to evade inter partes review of its cancer vaccine patents at the Patent Trial and Appeal Board.

  • February 16, 2021

    Peloton Aims To Void 'Spin' TMs, Citing 'Abusive' Enforcement

    Peloton launched a legal battle Tuesday aimed at canceling trademark registrations on the word "spin," arguing they are being "abusively" enforced by a company that claims exclusive rights to a clearly generic term.

  • February 16, 2021

    Knockoff Hemp Rolling Paper Suit Moved To Ga.

    A Michigan federal judge on Tuesday relocated a trademark infringement dispute between the U.S. distributor of RAW brand rolling papers and an eBay vendor to Georgia after finding that no alleged misconduct occurred in the Wolverine State.

  • February 16, 2021

    Collabera Sues To Stop Rival From Poaching Workers

    A technology recruiting and staffing company is alleging in Georgia federal court that competitor Beacon Hill Staffing hired two of its former employees and is using them to steal customers in violation of the employees' non-compete agreements.

  • February 16, 2021

    Fed. Circ. Won't Revive Generics' Bid To Ax Takeda Patent

    The Federal Circuit on Tuesday declined to revive two India-based generic drug manufacturers' effort to invalidate a patent that Takeda Pharmaceutical Co. uses in a number of its Type II diabetes treatments.

  • February 16, 2021

    Match Sues Rival For Creating 'Tinder Clone' For Muslims

    Match Group, the owner of dating app Tinder, filed a lawsuit in Texas federal court on Friday against a service called Muzmatch for patent and trademark infringement, accusing the company of creating a "Tinder clone" for Muslim users.

  • February 16, 2021

    Chewy Accuses IBM Of Seeking 'Exorbitant' $36M For Patents

    Online pet supply store Chewy Inc. on Monday accused IBM Corp. of demanding $36 million to license e-commerce patents that have "no value," slamming the tech giant for running "a campaign of seeking exorbitant licensing fees" in a suit filed in New York federal court.

  • February 16, 2021

    Google Can't Ditch Calif. Pirated Recordings Suits

    A California federal judge has refused Google's bid to toss lawsuits accusing the tech giant of selling bootlegged copies of hit tunes from Billie Holiday, Frank Sinatra and other artists, finding it would be premature to hand Google a win at this early stage of litigation.

  • February 16, 2021

    Anheuser-Busch Sues Constellation Over Corona Hard Seltzer

    The two spirits giants that control Corona — Anheuser-Busch InBev and Constellation Brands — are duking it out in federal court over whether their trademark licenses, forged to avoid antitrust problems, permit the launch of a Corona hard seltzer brand.

  • February 16, 2021

    Pharrell Beats Perjury Accusation From 'Blurred Lines' Case

    A federal judge is refusing to rule that Pharrell Williams perjured himself during a blockbuster copyright case over Marvin Gaye's iconic "Got to Give It Up," despite a later media interview in which he said he sometimes "reverse-engineers" other musicians.

  • February 16, 2021

    AIA Namesake Leahy Takes Over Senate IP Subcommittee

    Co-author of the Leahy-Smith America Invents Act, Sen. Patrick Leahy, D-Vt., will serve as chair of the Senate Judiciary Subcommittee on Intellectual Property, the committee lead has announced.

  • February 16, 2021

    USAA, Wells Fargo Reach Settlement In $300M Patent Case

    Wells Fargo has agreed to settle a $300 million patent dispute brought by the United States Automobile Association over mobile check deposit technology, according to a recent filing.

  • February 16, 2021

    BMS Accuses Teva Of Infringing Eliquis Blood Thinner Patent

    A Bristol-Myers Squibb subsidiary has fought back against Teva Pharmaceuticals' bid to invalidate the European patent for its blockbuster blood thinner, rejecting the generic drugmaker's claim that it did little more than write down the formula for a previously discovered anticoagulant.

  • February 15, 2021

    Employee Can't Claim Copyright For Software Created At Work

    A developer has lost his lawsuit claiming copyright ownership of software he wrote while working at a digital forensics company, as a judge ruled on Monday that the intellectual property rights belong to his former employer.

  • February 15, 2021

    Betting Data Co. Sued Over Premier League Match Information

    A betting data provider is facing a two-pronged court challenge over whether match information collected from soccer stadiums in England and Scotland is a trade secret that can be unlawfully collected and distributed.

  • February 12, 2021

    CDK, Reynolds Battle Auto Dealer Data MDL

    CDK Global and Reynolds and Reynolds went toe-to-toe Friday in Illinois federal court with auto dealerships and rival data companies accusing them in multidistrict litigation of monopolizing the auto dealer data market in a series of lightning rounds laying out the scope of competing antitrust and improper data access claims.

  • February 12, 2021

    Pittsburgh Judge Kicks Patent Trials To 2022 Due To COVID-19

    A Pennsylvania federal judge has once again delayed trials in two separate patent cases because of the COVID-19 pandemic, this time pushing them into January and February of next year, according to a pair of orders filed Thursday.

  • February 12, 2021

    Amazon, Ferragamo Squeeze Alleged Belt Counterfeiters

    Amazon and Italian luxury goods company Salvatore Ferragamo jointly filed two lawsuits Thursday in Washington federal court against several individuals and entities that are mainly based in China for allegedly selling counterfeit Ferragamo belts through the online retailer's store.

  • February 12, 2021

    Sandoz Tells Justices Amgen Ruling 'Guts' Patent System

    Sandoz Inc. told the U.S. Supreme Court that the Federal Circuit upended 200 years of precedent in a ruling last year allowing Amgen and its unit Immunex Corp. to "buy themselves an exemption" from patent law to stifle competition against its billion-dollar autoimmune drug Enbrel.

  • February 12, 2021

    CBD Co. Says Rival Unlawfully Using Its Own Trademark

    CBD Industries LLC, previously known as cbdMD, hit rival Majik Medicine LLC with a suit on Friday alleging that the company uses an invalid registered "CBD MD" trademark that should not have been issued in 2017 because its products are unlawful under federal and state drug laws.

  • February 12, 2021

    Brand Battles: Hershey Sour Over 'Jollipops' Candy

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, The Hershey Co. is urging the board to block a trademark application for "Jollipops," citing its iconic Jolly Rancher hard candy — plus two other cases you need to know.

  • February 12, 2021

    Judge Won't Decide Who Owns Tom Clancy's Jack Ryan

    A federal judge has added another chapter to a "bitter familial dispute" over the intellectual property of the late novelist Tom Clancy, resolving some issues but dodging one big question: Who owns the author's iconic Jack Ryan character?

  • February 12, 2021

    Shoe Insert Co. Accuses Rival Of Bad-Mouthing It In Emails

    Chiropractic shoe insert company BioPods has asked an Illinois federal court to block a rival company from disparaging it to customers, saying the rival has been pushing a false narrative that its orthotics are based on a stolen design.

  • February 12, 2021

    Fed. Circ. Judge 'Baffled' By Mylan Position In PTAB Appeal

    A Federal Circuit panel on Friday questioned whether Mylan can skirt a bar on appeals of Patent Trial and Appeal Board institution decisions by asking the court to construe its appeal of the board's discretionary denial of its challenge to a Janssen patent as a request for mandamus relief.

  • February 12, 2021

    Judge Dyk Says Everyone May Be Looking At Arthrex Wrong

    Federal Circuit Judge Timothy Dyk on Friday suggested the amount of oversight administrative patent judges need depends on the stage of patent reviews, but that either way they have sufficient supervision.

Expert Analysis

  • Minimizing Disruption To Clients During Law Firm IT Upgrades

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    For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

  • 10 Patent Prosecution, Litigation Practice Trends From 2020

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    2020 spurred ingenuity in both inventions fighting COVID-19 and patent practice trends, including increases in litigation and inter partes review petitions, attention to artificial intelligence patents, and the U.S. Supreme Court's refusal to address patent eligibility, say attorneys at WilmerHale.

  • Hatch-Waxman Venue Issue Still Live After Fed. Circ. Ruling

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    Although some view the recent Federal Circuit decision in Valeant v. Mylan — limiting where Hatch-Waxman Act patent suits over generic drugs can be filed — as a significant win for generic drug manufacturers, questions regarding relevant acts of infringement may yet be answered by the U.S. Supreme Court or Congress, say attorneys at Ropes & Gray.

  • Tips For Drafting Effective Amicus Briefs

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    Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Corporate Boards Must Ask Key Cybersecurity Questions

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    In light of the recent SolarWinds cyberattacks and other hacks on consumer, patient and employee data, this quarter, corporate directors should consider whether to disaggregate data, shrink networks, and create or preserve strategic data redundancies, say Ira Raphaelson and Kevin Bolan at White & Case.

  • 5 Trends That Will Influence E-Discovery In 2021

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    Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.

  • Overlooked Patent Cases: Willful Infringement Developments

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    Recent, potentially overlooked federal district court decisions applying the U.S. Supreme Court's Halo v. Pulse decision on willful patent infringement reveal that while circumstantial evidence of subjective beliefs may be sufficient for patentees to succeed on willful infringement claims, accused infringers will benefit most from direct evidence, say attorneys at Akin Gump.

  • Labor-Economy Data Informs Antitrust Law But Needs Work

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    As courts and federal agencies continue to wrestle with how to account for labor markets in antitrust review of mergers and contract restrictions, the lack of clarity in factors such as the relationship between labor market concentration and wages shows the need for rigorous standards, say Brianna Cardiff-Hicks and Ashley Vissing at Cornerstone Research.

  • How Relationship Partners Can Draft Winning RFP Responses

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    With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.

  • Law Firm Merger Predictions For 2021

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    After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.

  • Top 5 Considerations For Cannabis Franchising In 2021

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    As more states legalize marijuana, cannabis franchisors and franchisees looking to enter the market in the new year must be creative, cognizant of all applicable restrictions and able to quickly adapt to a constantly changing environment, says Alan Gold at the Law Offices of Gold & Parado.

  • Trademark Law Trends To Follow In 2021

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    Last year was a busy time for trademark litigation, and this year practitioners will be watching for the effects of several recent developments, including U.S. Supreme Court decisions in Romag and Booking.com and pandemic-induced counterfeiting, says Matthew DeAntonio at Bradley Arant.

  • Lessons For 2021 From Fed. Circ. Post-Grant Review Cases

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    John Dragseth and Nitika Fiorella at Fish & Richardson discuss the most notable recent Federal Circuit developments related to post-grant review proceedings at the Patent Trial and Appeal Board and focus on five issues practitioners should consider in 2021.

  • Hottest Trials Law360 Guest Topics Of 2020

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    Notable trial topics discussed by guest experts in 2020 include pandemic-era cross-examination and witness-prep challenges, the need for female trial lawyers in courtrooms, and Kobe Bryant's legacy in Los Angeles jury selection.

  • The Most-Read Legal Industry Guests Of 2020

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    Popular legal industry guest articles this year included commentary on white privilege in BigLaw, the pandemic's outsize impact on female lawyers, and business development in a socially distanced world.

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