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Intellectual Property

  • July 17, 2018

    China Fires Another Preemptive WTO Shot At US Tariff Plan

    China has again beefed up its World Trade Organization challenge to the U.S. tariffs meant to counter Beijing’s intellectual property regime, taking aim at the Trump administration’s proposal to hit $200 billion in Chinese goods with a 10 percent levy, according to WTO documents circulated Tuesday.

  • July 17, 2018

    Video Doorbell Co. Claims Orrick Switched Sides In IP Row

    Video doorbell company SkyBell Technologies Inc. has asked a California federal court to disqualify Orrick Herrington & Sutcliffe LLP from representing its rival Ring Inc., which it sued for patent infringement, claiming SkyBell previously had discussions with the firm about the case.

  • July 17, 2018

    Fox Settles $30M Suit Over Muhammad Ali Super Bowl Promo

    Fox Broadcasting Co. has settled a $30 million lawsuit in which the company that owns the rights to legendary boxer Muhammad Ali’s identity accused the network of using his voice and life story without permission in a 2017 Super Bowl promotion, according to a filing Monday in California federal court.

  • July 17, 2018

    Munsch Hardt To Absorb Dallas Trial And IP Boutique

    Munsch Hardt Kopf & Harr PC will boost its commercial litigation and intellectual property services as it brings the attorneys of McDole Williams PC into the fold at its Dallas office starting Aug. 1.

  • July 17, 2018

    Author Drops Suit Over NFL Player's Nickelodeon Show

    An author of children's books on Monday withdrew his New York federal court complaint alleging Nickelodeon parent company Viacom Inc. made a show starring the NFL's Cam Newton with an idea stolen from him, after an arbiter ruled against him.

  • July 17, 2018

    Allergan Awarded $27K In Sanctions In Compounding Suit

    Allergan USA Inc. has been awarded nearly $27,300 in sanctions, according to an order in California federal court on Monday, after accusing drug compounders in its suit over copycat drugs of improperly delaying and withholding discovery.

  • July 17, 2018

    DC Circ. Nixes Ruling On Copyrighted Regulations

    The D.C. Circuit ruled Tuesday on a closely watched case over copyright protection for private industry rules that are later transformed into federal law, tossing out a lower court's decision but leaving "far thornier" constitutional questions for another day.

  • July 16, 2018

    Card Shuffler Co. Denies Having To Show Prior Art At IP Trial

    “It doesn’t matter” that Scientific Games Corp.’s subsidiary didn’t show the U.S. Patent and Trademark Office prior art in patent applications for its Deckmate card shuffler because the prior art was not objected to when it was disclosed in other applications, the company said Monday at the opening of a rival’s antitrust trial against it.

  • July 16, 2018

    Ex-Jawbone Workers Deny Swiping Trade Secrets For Fitbit

    Six former employees of Jawbone pled not guilty Monday in California federal court to allegations they stole trade secrets from the now-defunct fitness device maker intending to take them to rival Fitbit Inc., criminal charges that carry possible sentences of 10 years or more in prison.

  • July 16, 2018

    Google Asks PTAB To Clarify Meaning Of Printed Publication

    Google has requested that an expanded Patent Trial and Appeal Board, including Chief Judge David Ruschke, rehear the company's bid for an inter partes review of a patent covering digital voice assistant technology so the board can clarify what counts as a printed publication.

  • July 16, 2018

    IBM Seeks $167M From Groupon For Infringing Web Patents

    IBM Corp. told a federal jury in Delaware on Monday that Groupon Inc. should pay about $166.5 million in damages for infringing four of what it described as widely licensed IBM patents that helped make early public use of the internet faster and more efficient.

  • July 16, 2018

    Ex-Apple Engineer Denies Stealing Self-Driving Car IP

    A former Apple employee accused of illegally downloading the tech giant's proprietary information related to self-driving cars before taking a job with a Chinese self-driving car company pled not guilty in California federal court Monday to trade secret theft.

  • July 16, 2018

    Texas A&M Blocks '12th Man' Soap At TTAB

    Texas A&M University has convinced the Trademark Trial and Appeal Board to block Washington Soap Co. from registering the phrase “12th Man Hands” for its soap, with the board saying there was a likelihood of confusion because the university frequently gives away rally towels bearing the "12th Man" slogan at football games.

  • July 16, 2018

    CBS Kept Using Licensed TM, Fantasy Sports Co. Says

    The parent company of fantasy sports operator Scout Fantasy is suing CBS Interactive Inc., accusing it of trying to steal its brand and deceive its customers by continuing to use trademarks CBSi had previously licensed, even after Scout killed the deal over CBSi’s repeated failures to pay on time.

  • July 16, 2018

    Fed. Circ. Won't Rehear PTAB Ax Of WesternGeco Patents

    The Federal Circuit said Monday that it won’t rehear a panel’s decision upholding the cancellation of several of Schlumberger Ltd. unit WesternGeco LLC’s oil exploration patents, jeopardizing the company’s ability to collect more than $100 million over the infringement of those patents by one of its rivals.

  • July 16, 2018

    AbbVie Protests FTC Interest Hike In AndroGel Case

    AbbVie Inc. has accused the Federal Trade Commission of suddenly hiking the interest rate it and an affiliate must pay on a $448 million penalty over sham patent suits that delayed generic drug rollouts and extended their monopoly on AndroGel.

  • July 16, 2018

    Blackbird Scores Fed. Circ. Win In Lighting IP Row

    Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, notched a victory at the Federal Circuit on Monday, when the court revived infringement lawsuits it brought against companies over a patent related to energy-efficient lighting.

  • July 16, 2018

    Don't Rethink OK'ing Fanapt Patent, Vanda Tells Fed. Circ.

    Vanda Pharmaceuticals Inc. has asked the Federal Circuit not to reconsider West-Ward Pharmaceuticals’ challenge to a patent covering the schizophrenia drug Fanapt, saying the court rightly found that the medication was patent-eligible under the U.S. Supreme Court’s Mayo test.

  • July 16, 2018

    Hard Rock Cafe Must Repay Hotel Co.’s Fees To End TM Suit

    A Florida federal judge on Monday said she would only allow Hard Rock Cafe Inc. to drop a failed trademark lawsuit against a startup called RockStar Hotels Inc. if the hospitality giant repaid a portion of the smaller company’s legal bills.

  • July 16, 2018

    DLA Piper Adds IP, Tech Partner To Los Angeles Office

    DLA Piper has added a partner from McDermott Will & Emery LLP to its intellectual property and technology practice in Los Angeles, the firm announced Friday.

Expert Analysis

  • WesternGeco May Reshape Reasonable Royalty Damages

    Aaron Fahrenkrog

    The analysis underlying the U.S. Supreme Court's holding in WesternGeco v. Ion opens the door to arguments for reasonable royalty damages based on foreign activities arising from domestic infringement, say attorneys with Robins Kaplan LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • PTAB Institution Decisions In The Wake Of SAS

    Stephen Schreiner

    We studied more than 50 inter partes review institution decisions issued since the U.S. Supreme Court's SAS Institute ruling ended partial reviews at the Patent Trial and Appeal Board. The results to date are encouraging, say ​​​​​​​Stephen Schreiner of Goodwin Procter LLP and Maxine Graham of American Express Co.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.

  • Another Decision In Goldman Code Theft Case

    Jonathan Waisnor

    The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • How Courts Approach Trade Secret Identification: Part 1

    Mark Klapow

    Analytical data of thousands of federal trade secret cases suggest that trade secret identification falls far short of the speed, efficiency and clarity that Congress envisioned — and industry sought — when passing the Defend Trade Secrets Act, say attorneys with Crowell & Moring LLP.

  • What Louboutin's EU Trademark Win May Mean For Fashion IP

    Monica Riva Talley

    Recent decisions surrounding designer Christian Louboutin’s red soles reveal that courts are still trying to find a balance between enforcing fashion designers' intellectual property rights and stifling creativity and competition, say Monica Riva Talley and Sahar Ahmed of Sterne Kessler Goldstein & Fox PLLC.

  • The Robot’s Invention: Patent Considerations In AI

    Eric Sophir

    Identifying inventorship for artificial intelligence-enabled technology is especially challenging because there may be different parties generating the initial model, training the model and providing the known data to train the model. Indeed, these parties may even have competing interests, say Eric Sophir and Kamyar Maserrat of Dentons and Tanguy de Carbonnieres of Fannie Mae.