Intellectual Property

  • November 16, 2017

    Startup Tells 9th Circ. $1B IP Holder Not A 'Sham' Co.

    Startup Indiezone Inc. told the Ninth Circuit on Thursday that a lower court erred in sanctioning it and its lawyer for bringing a “sham” company into its case alleging former employees conspired to steal its $1 billion e-commerce processing software, saying new evidence showed the co-plaintiff was legitimate.

  • November 16, 2017

    Top Uber Cases To Watch

    Uber, which for years has faced a legal onslaught targeting multiple facets of its ride-hailing business, is battling allegations of aggressive operating tactics including fostering a culture that allowed sexual harassment and mismanagement to thrive and misclassifying drivers as independent contractors. Here, Law360 examines some of the more high-profile cases that Uber has been embroiled in.

  • November 16, 2017

    Foreign Credits At Risk In Senate Tax Bill, Analysts Say

    A provision in the Senate’s version of the Tax Cuts and Jobs Act requiring U.S. multinationals to calculate their foreign tax credits on an annual basis means that companies could end up with unusable leftover credits and bookkeeping anomalies due to mismatches with other countries’ accounting rules, tax specialists say.

  • November 16, 2017

    Calif. Jury Awards E-Cig Maker $4.7M In 'Milk Man' TM Row

    A California federal jury has found that e-cig liquid maker Steam Distribution LLC must pay $4.7 million in damages to rival AOP Ventures Inc. for infringing on its "Milk Man" trademark, concluding that Steam hadn’t shown any of its sales of products branded with the mark weren't traceable to its infringement. 

  • November 16, 2017

    9th Circ. Shoots Down Trademark Suit Over Fox's 'Empire'

    The Ninth Circuit ruled Thursday that Fox couldn’t be sued for trademark infringement over its hit show “Empire” by a real-life record label of the same name, saying the network was protected by the First Amendment.

  • November 16, 2017

    FTC's Ohlhausen Sees Light At End Of Pay-For-Delay Tunnel

    The Federal Trade Commission may have “finally started to turn the corner” with its crackdown on pay-for-delay patent settlements, but other efforts by branded-drug makers to stave off generic competition have increasingly caught the watchdog’s eye, acting Chairman Maureen Ohlhausen said Thursday.

  • November 16, 2017

    House Passes Tax Bill With Deep Cuts For Businesses

    House Republicans on Thursday succeeded in passing wide-reaching tax legislation, overcoming Democrats’ criticisms that it would significantly lower taxes for corporations and the wealthy while short-changing middle-income earners.

  • November 16, 2017

    Yelp Says It’s Owed $2M For Breach Of Fake-Review Deal

    Online review leader Yelp Inc. asked a California judge Wednesday to reopen its case against a website that writes fake positive reviews for businesses for pay, saying one of the website’s co-founders had breached the terms of their settlement and Yelp was now entitled to $2 million under the previously agreed-upon stipulated judgment against him.

  • November 15, 2017

    StubHub Must Produce Source Code In Trade Secret Row

    A California federal judge on Tuesday ordered online ticketing platform StubHub Inc. to surrender its source and corresponding server codes as part of discovery in a trade secrets case brought by Calendar Research LLC in an effort to end the dispute quickly.

  • November 15, 2017

    Copyright Suit Over Iverson Film Trimmed Before Jan. Trial

    A California federal judge has bounced claims of conversion and unjust enrichment in a former producer's case against the director of Showtime’s 2015 documentary on ex-NBA star Allen Iverson, but allowed copyright infringement claims to proceed to trial.

  • November 15, 2017

    Fed. Circ. Vacates IP Case’s Post-TC Heartland Venue Move

    The Federal Circuit on Wednesday granted Cutsforth Inc.’s petition to vacate a venue transfer handed to a rival company in patent litigation, saying the lower court needed to give consideration to other factors besides the U.S. Supreme Court’s decision this year in TC Heartland.

  • November 15, 2017

    There's No 'Easy Mode' For Suing Over A Video Game

    Owners of brands like Humvee keep suing over the use of their trademarks in video games like "Call of Duty" — and courts keep tossing out the lawsuits. Here's why that won't change any time soon.

  • November 15, 2017

    Senate Committee Lowers Global Tax On Offshore Income

    Senate tax writers tweaked anti-abuse rules in their tax plan Tuesday, lowering a tax rate on intangible offshore income for the first 10 years but raising it, and other base erosion taxes, in 2025 unless the U.S. Treasury hits certain revenue targets.

  • November 15, 2017

    Fed. Circ. Upholds PTAB Decisions On Netlist Memory Patents

    The Federal Circuit handed at least a partial win to Netlist on Tuesday by upholding a Patent Trial and Appeal Board decision not to invalidate certain claims within two of the company's memory module patents, though a past decision invalidating other portions of the patents was also upheld.

  • November 15, 2017

    Auto Dealer Review Site Launches Suit Over 'Confusing' Mark

    A company that operates a website allowing consumers to review auto dealers launched a lawsuit in Massachusetts federal court Tuesday seeking to block another company from using a mark it calls “confusingly similar” to its own DealerRater mark.

  • November 15, 2017

    Bass Gets Fed. Circ. Win On Drug Patent From Sidelines

    A Federal Circuit panel on Wednesday needed neither a lengthy analysis nor participation by the patent-challenging group founded by hedge fund manager Kyle Bass to uphold a Patent Trial and Appeal Board decision nixing most claims of a patent on Shire PLC's short bowel syndrome drug Gattex.

  • November 15, 2017

    George Clinton Tries Again To Bury Defamation Claims

    Funk legend George Clinton urged a California judge on Wednesday to give him a second shot at filing an anti-SLAPP motion in a malicious prosecution and defamation suit brought by his former producer and longtime legal foe Armen Boladian, citing similar motions that were granted against his former attorneys and book publisher.

  • November 15, 2017

    Rick Ross Asks 11th Circ. To Revive LMFAO Copyright Fight

    Rapper Rick Ross asked the Eleventh Circuit Wednesday to revive his claims that pop duo LMFAO ripped off his song with their smash hit “Party Rock Anthem,” arguing that his copyright registration is valid despite errors because there was no intentional fraud or concealment in the registration process.

  • November 15, 2017

    Baker Botts, Addleshaw Goddard Attys Start Hong Kong Firm

    Two former Baker Botts attorneys have joined forces with the former leader of Addleshaw Goddard’s Asia mergers and acquisitions department to launch a new Hong Kong-based boutique firm, bringing their extensive experience in areas like international arbitration, complex transactions, intellectual property and energy and infrastructure projects.

  • November 15, 2017

    5th Circ. Won't Restore $7.5M Jury Award In Contract Suit

    The Fifth Circuit has approved the overturning of a $7.5 million jury award to a medical device company that says a business partner strategized to misappropriate its know-how, ruling Tuesday that federal copyright and patent law preempts Texas law claims in the suit.

Expert Analysis

  • Stats On How TC Heartland Is Affecting Patent Litigants

    Chase Perry

    When the U.S. Supreme Court decided the now-famous TC Heartland case in May 2017, a robust discussion began regarding how significant its effects would be. Chase Perry of Ankura examined statistics from recent months in search of changes in case filing patterns and patent holder success metrics.

  • Chatting With Ex-Fed. Circ. Chief About 101 And John Podesta

    Eli Mazour

    Shortly after I interviewed him last year, former Federal Circuit Chief Judge Randall Rader publicly expressed interest in becoming director of the U.S. Patent and Trademark Office. Although he did not ultimately get chosen for the position, the interview provides insights into how the Trump administration can take the patent system in a new direction, says Eli Mazour of Harrity & Harrity LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Copyright Registration Debate May Head To High Court

    Alexander Kaplan

    The U.S. Supreme Court has been asked to reverse a recent Eleventh Circuit decision and settle a disagreement over the copyright registration requirement for lawsuits alleging infringement. While circuit splits are relatively rare in copyright law, this divide is deepening, says Alexander Kaplan of Proskauer Rose LLP.

  • Ignore Broader Claim Constructions At Your Own Risk

    Raghav Bajaj

    The Federal Circuit's recent decision in Owens Corning v. Fast Felt — reversing the Patent Trial and Appeal Board’s final written decision — should serve as a reminder to practitioners that claim construction is reviewed de novo at the Federal Circuit, says Raghav Bajaj of Haynes and Boone LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • What To Expect If High Court Rejects PTAB Partial Decisions

    Danielle Phillip

    Should the U.S. Supreme Court reverse in SAS Institute and eliminate the practice of partial institution for inter partes review, patent owners and challengers alike must be prepared to address the significant ramifications, say Danielle Phillip and Allyn Elliott of Brinks Gilson & Lione.

  • Fed. Circ. Clarifies Law For Functional Antibody Claims

    Irena Royzman

    The Federal Circuit's decision last month in Amgen v. Sanofi undoubtedly will have a major impact on how written description and enablement are litigated for genus claims in general and for functional antibody claims in particular, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.