Financial companies are leading the rush to file patents for tools and products based on blockchain, the ledger technology underlying bitcoin, and a wave of litigation could be on the horizon. Here is what intellectual property attorneys need to know about the patent landscape for the increasingly popular tech.
While some hoped the "Blurred Lines" case would offer clear guidance on the distinction between musical inspiration and copyright infringement, Wednesday's ruling by the Ninth Circuit was anything but — wonky, consciously narrow, and a case study in appellate deference.
Low-cost Canadian airline Flair Airlines Ltd. sued a travel consulting company in Illinois federal court Tuesday over claims the company is holding Flair’s website hostage after their business relationship fell apart.
The Federal Circuit on Wednesday tossed a $12.3 million jury verdict against a UnitedHealth unit accused of infringing a patent for measuring doctors’ efficiency, saying that the lower court erred in its construction of one of the key claims in the case.
A Lebanese food processor slapped a Michigan-based distributor of Middle Eastern foods with a trademark suit in Chicago federal court Tuesday, saying the distributor is selling an "inferior" ground sesame seed product with packaging and a logo that are nearly identical to its own.
A Second Circuit panel on Wednesday upheld a win for FedEx in a copyright infringement suit brought by an educational materials maker who sought to force the store to pay royalties each time a teacher copied its textbooks without permission, agreeing with a lower court that the company’s licensing agreement didn’t include such requirements.
The Federal Circuit on Wednesday upheld a decision denying attorneys’ fees to Brainlab Inc. after it prevailed in a patent case, finding the Patent Trial and Appeal Board’s conclusion that the plaintiff’s patent was indefinite doesn’t mean the infringement case was weak.
President Donald Trump on Thursday will unveil new trade restrictions against China in light of "strong evidence" the administration has uncovered regarding Beijing’s flouting of U.S. companies' intellectual property rights, the White House announced on Wednesday.
A 23-year veteran of Finnegan Henderson Farabow Garrett & Dunner LLP, who represented Starbucks Corp. in the case that led to the Trademark Trial and Appeal Board’s finding that the company’s mark is famous, has joined Hogan Lovells.
A former Venable LLP intellectual property lawyer with deep expertise in trademark and copyright matters has joined DLA Piper as a partner in Los Angeles, the firm announced on Tuesday.
Michael Best & Friedrich LLP has expanded its Denver office with the addition of four former Lathrop Gage attorneys to its intellectual property group, according to the firm.
Direct purchasers of the Lidoderm pain patch asked for preliminary approval in California federal court Tuesday of pay-for-delay class settlements totaling $166 million reached with branded pharmaceutical makers Teikoku and Endo and generics maker Actavis.
A split Ninth Circuit panel on Wednesday upheld a verdict that the 2013 chart-topper “Blurred Lines” infringed the copyright to Marvin Gaye’s iconic “Got To Give It Up,” rejecting warnings from a dissenting judge that the ruling “strikes a devastating blow to future musicians.”
The Federal Circuit may be shifting toward reversals, rather than remands, when the U.S. Patent and Trademark Office fails to support its decision that an invention is unpatentable, highlighting the need for inventors to carefully consider arguments about a potential remedy on appeal.
As augmented and virtual reality offerings continue to expand, companies are paying more attention to the legal issues raised by the emerging technology, including the potential for disputes in the areas of consumer data collection and use, personal injuries and property damage, and patent infringement, according to a survey released Tuesday by Perkins Coie LLP.
FX Networks and the producers of “Feud: Bette and Joan” urged a California appeals court on Tuesday to toss Olivia de Havilland’s suit alleging the docudrama dirties and improperly profits off her name, arguing the First Amendment clearly protects their right to use artistic license in portraying the 101-year old actress.
A bill introduced in the U.S. House of Representatives on Tuesday would make it more difficult to invalidate patents at the Patent Trial and Appeal Board and easier for patent owners to obtain injunctions, drawing praise from the life sciences industry and strong opposition from the technology sector.
Members of the House Judiciary Committee appeared divided at a hearing Tuesday about whether the America Invents Act's covered business method review program is still necessary, with some saying it should be extended and others calling for it to end as scheduled in 2020.
A Delaware federal judge on Monday trimmed BlackBerry Ltd.’s suit against Nokia over the infringement of 11 patents describing proprietary technology underlying 3G and 4G mobile communication, agreeing with Nokia that some of its subsidiaries should be dismissed because BlackBerry didn’t allege an agency relationship between them.
A New York federal judge ruled Tuesday that Sentinel Insurance Co. doesn't have to cover business financing company BF Advance LLC's costs to defend a lawsuit accusing it of infringing copyrighted software for a "web spokesperson" video, holding that the underlying action falls squarely within a policy exclusion for claims relating to software use.
Blue Cross and Blue Shield of Louisiana on Monday urged a Connecticut federal judge to nix a sanctions bid from Boehringer Ingelheim and Teva in multidistrict litigation over an alleged pay-for-delay scheme for a generic of Aggrenox, saying the motion has “lost urgency and importance” as a result of recent schedule changes.
After a three-year surge, patent suits at the Federal Circuit leveled off last year as the court showed signs of adjusting to its bustling workload. The judges found time to write more opinions, and they reached greater consensus, penning fewer separate concurrences and dissents than in 2016.
A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.
Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.
Many of the most discussed provisions in the Tax Cuts and Jobs Act have particular significance for the technology industry, affecting companies’ choices about entity classification, where they do business and hold assets, and the manner in which they receive or make investments. Michele Alexander and Ryan Davis of Bracewell LLP discuss the options.
Following the U.S. Supreme Court's decision in TC Heartland, district courts are increasingly turning to the Federal Circuit’s 2005 opinion in NTP v. Research in Motion for insight on the “commitment” prong of the venue statute. This yields some guidelines for practitioners, but falls short of providing absolute clarity, say Ben Quarmby and Sara Margolis of MoloLamken LLP.
Practitioners who are well versed in the phases of the U.S. Patent and Trademark Office's First Action Interview pilot program — including enrollment, pre-interview considerations, and various outcomes following the interview — can fully leverage its advantages on behalf of clients, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.
What is perhaps more interesting than the number of blockchain-related patent filings, or their subject matter, is the number of assignees for these patents, says Nelson Rosario of Marshall Gerstein & Borun LLP.
It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at LegalZoom.com Inc.
Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.
The recent ruling in Bridgestone Licensing Services v. Republic of Panama by an ICSID tribunal has implications for owners and licensees of IP rights, particularly with respect to the protections they can expect for their trademarks under investment treaties, according to attorneys with Cleary Gottlieb Steen & Hamilton LLP.
Obtaining a noninfringement opinion letter should be a part of all product development plans. However, simply obtaining any noninfringement opinion may not be sufficient. Competency matters, say Stephen Ball and Dov Hirsch of Whitmyer IP Group LLC.
What happens in the arms race for patent portfolios is that patent offices around the world become overburdened examining incrementally different — or not so different — patents, which reduces the quality control the patent offices can do and results in weaker patents being issued. I believe companies should be spending more money on filing clearly articulated and higher quality patents, says Allied Security Trust CEO Russell Binns.