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Intellectual Property

  • June 19, 2018

    AngioDynamics Seeks Biolitec Patents To Satisfy $75M Award

    Medical technology company AngioDynamics Inc. hit Biolitec AG and its fugitive owner with a lawsuit in Massachusetts federal court seeking to gain control of the company’s patents to satisfy a nearly $75 million judgment that Biolitec has dodged for over four years.

  • June 19, 2018

    Filmmaker Says Disney Stole 'Inside Out' From College Project

    Disney is facing a new lawsuit alleging that it stole the idea for its hit film "Inside Out," this time from a filmmaker who accused the company of ripping off its concept from a short film he made in college, according to a copyright infringement suit filed in California federal court on Monday.

  • June 19, 2018

    Nevro Pushes For Clarity On Expert Testimony At PTAB

    Nevro Corp. has asked for a rehearing after the Patent Trial and Appeal Board declined to institute review in its challenge to a Boston Scientific patent on spinal cord stimulation technology, urging the board to provide guidance on how to deal with expert testimony submitted early in review proceedings.

  • June 19, 2018

    Hollywood Giants Must Face Copyright Claims Over Digital FX

    Disney, Paramount and 20th Century Fox lost a bid Monday to escape accusations the Hollywood studios violated copyright law when they created digital effects for “Guardians of the Galaxy” and a slew of other blockbusters.

  • June 19, 2018

    NRA Video Used Chicago 'Bean' Without Permission: Sculptor

    The artist behind Chicago's famous "Cloud Gate" sculpture, nicknamed "The Bean," slapped the National Rifle Association of America with copyright infringement claims in Illinois federal court Tuesday, saying the gun-rights advocacy organization featured his work in a video promoting fear and political warfare without his permission and has refused to remove it.

  • June 19, 2018

    DC Circ. Backs Boehringer In FTC Atty-Client Privilege Row

    The D.C. Circuit refused to overturn a ruling that communications subpoenaed from Boehringer Ingelheim Pharmaceuticals Inc. during a Federal Trade Commission pay-for-delay investigation are covered by attorney-client privilege, saying Tuesday one of their main purposes was to get legal advice.

  • June 19, 2018

    LeClairRyan Nabs Schnader Harrison Aviation Pro In Calif.

    LeClairRyan has hired a Schnader Harrison Segal & Lewis LLP trial lawyer who’s represented clients in the energy, aerospace and defense industries to join its intellectual property, commercial litigation, products liability and aviation teams, the firm announced Monday.

  • June 19, 2018

    Fed. Circ. Gives Dental Co. Shot To Amend Patent Post-Aqua

    The Federal Circuit on Tuesday told the Patent Trial and Appeal Board to reconsider whether Sirona Dental Systems GmbH should get to amend since-invalidated claims in a tooth implant patent, as the court's later Aqua Products decision made it easier for patent owners to amend claims.

  • June 19, 2018

    'Van Gogh Of Woodworking' Wants Disclaimer For PBS Show

    The so-called “Van Gogh of Woodworking” asked a Massachusetts federal judge Tuesday to force a Boston PBS affiliate to show a disclaimer stating he is not involved in the current season of the station’s woodworking show as he accuses the affiliate of using his likeness and signature catchphrase.

  • June 19, 2018

    Wireless Tech Patent Killed Under Alice In Suit Against HTC

    A Seattle federal court has tossed infringement claims against smartphone maker HTC, ruling that a Uniloc patent on wireless remote control technology was too abstract to be valid.

  • June 19, 2018

    Jury Hung On Whether Belkin Copied Cellphone Holder IP

    A weeklong intellectual property trial ended in deadlock on Monday when a California federal jury couldn't agree on whether Belkin International Inc. ripped off Kenu Inc.'s design patent for a cellphone holder that clips onto a car's air vent.

  • June 19, 2018

    Fed. Circ. Affirms PTAB Ax Of Airbag Patent

    The Patent Trial and Appeal Board correctly struck down claims in an airbag patent owned by a subsidiary of licensing firm Acacia Research Corp., the Federal Circuit ruled Tuesday.

  • June 19, 2018

    Jack In The Box Franchisees Lose TM Appeal At 9th Circ.

    The Ninth Circuit on Monday affirmed a California federal judge's decision siding with Jack in the Box Inc. in a trademark dispute against two franchisees who continued operating under the fast-food chain's name after failing to pay royalties and other fees.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 19, 2018

    Buc-ee's Says Rival's Proposed TM Injunction Too Weak

    Popular Texas-based convenience store chain Buc-ee's Ltd. has told a federal judge that despite losing a logo trademark infringement trial last month, competitor Choke Canyon has proposed an injunction that would let it keep using a black-and-white version of its offending logo.

  • June 19, 2018

    Trump Admin. Has No Plan For China Talks After Tariff Push

    The Trump administration has no imminent plans to hold new negotiations with China to resolve the two countries’ escalating intellectual property and tariff fight, White House trade adviser Peter Navarro said Tuesday, adding that fruitless recent meetings with the Chinese side have shown that “talk is cheap.”

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    High Court Won't Look At PTAB Ruling Over Time-Bar Issue

    The U.S. Supreme Court on Monday refused an inventor’s case that claimed the Patent Trial and Appeal Board instituted an America Invents Act review of his decorative garden light patent, ultimately invalidating it, despite the patent’s challengers having filed a lawsuit against him more than a year prior.

Expert Analysis

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.

  • Opinion

    Don’t Revoke The Music Licensing Antitrust Decrees

    Glenn Manishin

    The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • An Uptick In PTAB's Motion To Amend Grant Rate

    Justin Krieger

    The Patent Trial and Appeal Board has long been hesitant in granting motions to amend, but recent statistics show that the board is granting them with greater frequency. Patent owners should increasingly consider adding motions to amend to their overall inter partes review and post-grant review strategy, say Justin Krieger and Christopher Thomas of Kilpatrick Townsend & Stockton LLP.

  • Ambush Marketing — Will It Kick Off At 2018 World Cup?

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    With the World Cup about to hit our screens, the temptation for some businesses that lack the badge of "official sponsor" to promote their global brand will be great. But, however tempting, the stakes for those so-called ambush marketers are high, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Opinion

    We Must Protect The PTAB

    Dana Rao

    Some people are intent on convincing newly appointed U.S. Patent and Trademark Office Director Andrei Iancu to roll back post-grant review procedures. The innovation community needs to remind Iancu why the patent reform gains of the last few years are so critical, says Dana Rao, associate general counsel of intellectual property and litigation at Adobe Systems Inc.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.