Intellectual Property

  • July 25, 2017

    Retailers Seek Docs Given To FTC In Aggrenox MDL

    Humana and retailers including Walgreen Co. and Rite Aid Corp. that are suing pharmaceutical companies over their alleged role in a scheme to block generic alternatives to stroke-prevention drug Aggrenox on Monday urged a Connecticut federal court to require the drugmakers to give them documents recently turned over to the Federal Trade Commission.

  • July 25, 2017

    3 International Patent Rulings IP Attys Need To Know

    There have been several important patent decisions outside the U.S. in recent months, from a Canadian Supreme Court ruling that rejected the controversial Promise Doctrine to one in the U.K. that changes the way English courts will approach the question of patent infringement. Here, Law360 takes you on a quick trip around the globe to get up to speed on some important patent rulings abroad.

  • July 24, 2017

    King Of Pop Co.’s $30M Royalty Short A Betrayal, Jury Told

    A production company started by Michael Jackson betrayed the singer’s musical partnership with mega-producer Quincy Jones by shorting him $30 million in royalties after the King of Pop's death, Jones’ attorney told a California jury during closing arguments Monday, while the company’s attorney painted the suit as a “grab for money.”

  • July 24, 2017

    Orange Didn't Steal IP, Owes $1 For Breach Of Terms: Jury

    A California federal jury largely cleared Orange SA in a intellectual property and computer fraud lawsuit on Monday, finding it didn't misappropriate the defunct startup Telesocial Inc.’s trade secrets and that it owed just $1 for breaching Telesocial’s terms of use.

  • July 24, 2017

    50 Cent Wants 'Power' Copyright Suit Tossed

    Rapper 50 Cent asked a California federal judge Monday to toss out a lawsuit claiming he ripped off the idea for his Starz drama “Power” from an unpublished manuscript, saying the two share nothing other than that both “involve an African-American protagonist.”

  • July 24, 2017

    AIG Unit Urges 9th Circ. To Rethink $8.6M Coverage Ruling

    An AIG affiliate urged the Ninth Circuit on Friday to reconsider a ruling that left it on the hook for $8.6 million for infringing a patent by software company Magma Design Automation Inc., saying the court hadn’t fully considered a phone call that could turn the case on its head.

  • July 24, 2017

    Fox, Paramount Pulled Into IP War Over CGI Tech

    A visual effects company embroiled in litigation over whether it owns five patents covering Academy Award-winning movement capture technology sued three more companies including Fox and Paramount Pictures on Monday, alleging they infringed the patents by working with a thief who stole the technology.

  • July 24, 2017

    Merck Launches 2nd Biosimilar Rival To J&J's Remicade

    Merck & Co. Inc. on Monday launched a biosimilar version of Johnson & Johnson's blockbuster biologic Remicade, marking the first time that two lower-cost biosimilars are available for the same product in the U.S.

  • July 24, 2017

    Publisher Says Kids' Guides 'Fair Use' Of Modern Classics

    The publishers of children’s versions of classics such as ‘The Old Man and the Sea” told a New York federal judge that their version of the books are not copyright violations because the novels were transformed when they “sanitized” the books for kids and put in sections that identified key words and main characters.

  • July 24, 2017

    Philips Says It's Owed $217M In Defibrillator Patent Row

    The Dutch electronics company Philips said in opening statements of a jury trial in Massachusetts federal court Monday that rival Zoll Medical Corp. owes it $217 million for infringing three patents related to its heart defibrillator technology.

  • July 24, 2017

    Fed. Circ. Affirms PTAB Decisions Finding GPS Patent Invalid

    The Federal Circuit on Monday ruled a patent related to GPS technology was invalid, affirming a pair of Patent Trial and Appeal Board inter partes review decisions that found the patent’s claims would have been obvious.

  • July 24, 2017

    Tony Roma Seeks Ruling On Rupari Licensing Dispute

    The Tony Roma’s Steakhouse chain's parent company told a Delaware bankruptcy judge on Monday that its licensing agreement with debtor Rupari Food Services Inc. cannot be assigned to the buyer of Rupari's assets and that the issue should be decided without the need for an adversary trial.

  • July 24, 2017

    'Paw Patrol' Toymaker Sues Alleged Counterfeit Network

    Toymaker Spin Master Ltd. sued unidentified companies in Illinois federal court on Friday, alleging infringement of numerous trademarks for toys tied to the popular Nickelodeon Jr. show “Paw Patrol.”

  • July 24, 2017

    PTAB Partial Decisions Contrary To AIA, High Court Told

    SAS Institute Inc. has kicked off arguments at the U.S. Supreme Court in a case that will require the justices to decide whether the Patent Trial and Appeal Board can choose to review only some patent claims challenged in America Invents Act reviews, arguing the practice doesn’t jibe with the AIA’s goals.

  • July 24, 2017

    Celebrity Chef Says He Tried To End Trademark Fight

    Celebrity chef Christopher Kimball told a federal judge in Boston Monday that he tried to avoid a trademark suit from an aggrieved cafe owner, even changing the name of his fledgling venture to resolve the issue.

  • July 24, 2017

    Sprint Urges Fed. Circ. To Undo OK Of $30M Patent Loss

    Sprint Spectrum urged the Federal Circuit Friday to recall a decision affirming a $30 million infringement verdict against it in a suit from Prism Technologies over two network security patents, saying another Federal Circuit panel held the same patent claims at issue are invalid under the U.S. Supreme Court’s Alice ruling.

  • July 24, 2017

    Sports Magazine Slams Film Cos.' Bid To Dodge TM Row

    A youth sports magazine on Friday hit back at MGM Studios’ bid to dodge a Kentucky trademark lawsuit filed over a fictitious magazine cover featured in a movie about a drug-loving baseball player, arguing that no defense excuses the alleged infringement.

  • July 24, 2017

    Chicago Law Firms In Trademark Fight Over 'O'Keefe' Names

    Two small Chicago law firms, both named “O'Keefe” and both focusing on tax law, are locked in a trademark fight over their shared use of the surname.

  • July 24, 2017

    Fed. Circ. Affirms PTAB's Nix Of E-Payment Patent

    The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board’s determination that the asserted claims of a Think Computer Corp. patent covering an electronic payment system were invalid as obvious.

  • July 24, 2017

    Wind Turbine Design Can't Be Registered As TM, TTAB Says

    The Trademark Trial and Appeal Board has issued a precedential ruling that a New York company cannot not register the design of a wind turbine as a trademark, saying that it is the kind of functional design better suited for patent law.

Expert Analysis

  • 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.

  • Clearing Content For Digital Advertising: 5 Things To Address

    Benjamin Mulcahy

    The speed with which advertising content can be created and published means that advertisers must be more thorough and vigilant than ever in their clearance efforts, say Benjamin Mulcahy and Gina Reif Ilardi of Jenner & Block LLP.