Intellectual Property

  • July 18, 2017

    Fitbit Asks To Tweak Infringement Theory In Jawbone Row

    Fitbit Inc. urged a California magistrate judge Tuesday to change her mind and allow the wearable fitness device company to amend its patent infringement contentions against rival Jawbone, saying it needs to modify its infringement theory as a direct result of the court’s claim construction.

  • July 18, 2017

    Sarepta To Pay $35M Plus Royalties In Exondys Patent Dispute

    Sarepta Therapeutics Inc. said Tuesday it has agreed to shell out $35 million plus royalties and payments for additional regulatory and commercial milestones to end a patent fight with BioMarin Pharmaceutical Inc. over the technology that backs Sarepta’s recently approved Exondys 51.

  • July 18, 2017

    Cray Urges Fed. Circ. To Scrap Gilstrap’s New Venue Rules

    Cray Inc. asked the Federal Circuit on Monday to throw out a decision by Eastern District of Texas Judge Rodney Gilstrap setting rules for determining the appropriate venue for patent cases, arguing that his test flouts the law, days after a key congressman assailed the ruling as “reprehensible.”

  • July 18, 2017

    Apple Pulled Into Qualcomm Royalty Row With IPhone Makers

    Foxconn and other iPhone manufacturers on Monday brought in Apple Inc. as another defendant in Qualcomm Inc.’s suit seeking royalty payments from them for its cellular technology license agreements in California federal court, saying they had been caught in the middle of a sprawling patent and antitrust dispute between the two tech giants.

  • July 18, 2017

    BB-8 Maker Says Rival Poached Patented Robo-Ball Tech

    A Colorado robotics company hit Spin Master Inc. with a suit Tuesday claiming infringement of patented technology that powers toy versions of the BB-8 droid featured in "Star Wars: Episode VII — The Force Awakens."

  • July 18, 2017

    Fed. Circ. Rejects Rehearing For Nixed Call Patent

    The Federal Circuit on Tuesday refused to reconsider a decision to revive a review by the Patent Trial and Appeal Board of certain claims of a call-processing patent, rejecting Securus Technologies Inc.’s contention the decision was just giving its rival a “mulligan.”

  • July 18, 2017

    Ad Makers Can’t Escape Models’ Suit Against Miami Sex Club

    A Florida federal judge on Tuesday rejected an advertising group’s bid to escape a trademark suit by models claiming a Miami sex club used their images without permission, finding the club’s oral contract with the advertisers was enforceable.

  • July 18, 2017

    Rising Star: O'Melveny's David Almeling

    O’Melveny & Myers LLP’s David Almeling has published two books on trade secret law, established himself as a leading voice on the practice and successfully headed patent cases representing Google, landing him on Law360's list of intellectual property attorneys under 40 being honored as Rising Stars.

  • July 18, 2017

    Snell & Wilmer Slams DQ Bid In Cybersecurity Co. IP Row

    Attorneys for Snell & Wilmer LLP contested Monday an attempt to disqualify the firm from representing a cybersecurity company in its suit accusing a rival of false advertising and defamation regarding intellectual property ownership, saying that there was no evidence the firm had a conflict in the case.

  • July 18, 2017

    Jersey Meal Services Battle Over 'Bro' Trademarks

    A New Jersey-based meal delivery service called Eat Clean Bro is suing a local competitor for trademark infringement, saying the newer outfit is coming at the older company by also using “bro” in its name.

  • July 18, 2017

    Toy Giant Says Rival Copied 'Hatchimals' Patents

    Spin Master Ltd. accused a rival of copying its idea for the wildly popular Hatchimals toys, saying in a patent suit in New York federal court Tuesday that the maker of “Fuzzy Wonderz” toys stole its idea outright and then tried to trick customers into thinking the two were related.

  • July 18, 2017

    Richard Prince Can't Dodge Instagram Art Copyright Fight

    A New York federal judge on Tuesday refused to toss a copyright lawsuit filed against artist Richard Prince over an exhibit of photos he pulled from Instagram without permission, saying it was too early to decide if the works are protected by the fair use doctrine.

  • July 18, 2017

    Vimeo Calls Capitol Unfair Competition Claims ‘An Old Record’

    After losing a key ruling on so-called pre-1972 records at the Second Circuit, Capitol Records is now aiming to hold Vimeo liable for the same songs under a theory of unfair competition — a claim the video sharing website on Monday called “a re-release of an old record with a new album cover.”

  • July 18, 2017

    Class Attys Seek $20M In Fees In Merck Pay-For-Delay MDL

    Attorneys representing direct purchasers of potassium supplements on Monday asked for a third of the $60.2 million settlement ending claims Merck & Co. Inc. and Upsher-Smith Laboratories Inc. engaged in a pay-for-delay scheme, saying a $20 million share was fair compensation after more than 16 years of litigating the landmark case.

  • July 18, 2017

    DuPont Fights Do-Over Of Its $3.3M Patent Win

    DuPont Co. has objected in Delaware federal court to a bid by a specialty manufacturer to reverse or retry a $3.3 million jury verdict in its patent infringement victory over a thermal blanket coating used on aircrafts, according to a motion made public Monday.

  • July 18, 2017

    Texas Judge Nixes Use Of TC Heartland In Data Patents Row

    An Eastern District of Texas magistrate judge has recommended denying a motion by computer security company Barracuda Networks Inc. to amend its answer to a patent complaint to argue that the district is an improper venue for the case, saying that would be “unduly prejudicial” to the patent owner.

  • July 17, 2017

    Fed. Circ. Won’t Revive ‘Polo’ TM Case Over Atty ‘Deceit’

    The Federal Circuit on Monday upheld Trademark Trial and Appeal Board decisions against PoloGear LLC in a dispute over “polo” trademarks with Ralph Lauren, rejecting PoloGear’s attempt to blame the defeats on “deliberately deceitful” behavior by its own attorney.

  • July 17, 2017

    Orange Mirrors Startup’s Social Media Call IP, Jury Told

    An expert witness for defunct startup Telesocial Inc. told a California federal jury Monday that Orange SA’s technology enabling users to call friends through social media sites used the same complicated, two-server model developed by Telesocial, adding that other approaches would have been "much easier to implement."

  • July 17, 2017

    Disney Accused Of Using Stolen CGI Tech For Hit Movies

    A computer-generated imagery company accused The Walt Disney Co. in California federal court Monday of using its intellectual property without permission to animate characters in some of its highest-grossing recent films, including the live-action remake of “Beauty and the Beast,” “Avengers: Age of Ultron” and “Guardians of the Galaxy.”

  • July 17, 2017

    Fed. Circ. Backs 2nd Patent-Owner Win In HTC Challenge

    The Federal Circuit on Monday affirmed a Patent Trial and Appeal Board decision upholding the validity of a smartphone messaging patent owned by an Acacia Research subsidiary and challenged by HTC and ZTE weeks after the court blessed another patent in the same dispute.

Expert Analysis

  • How To Convince A Startup To Think About IP

    Robert Kramer

    Cash-strapped, time-poor startups have many reasons to ignore intellectual property. Respond by suggesting that the client budget time and money for a coffee break with you next week. It might decide to pursue quality patents and a global strategic IP and licensing portfolio, or it might just end up buying coffee. Most startups leave somewhere in between, says Robert Kramer of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Blockchain's Potential Role In Admissibility Of Website Docs

    Kelce Wilson

    With a properly capable internet browser, legally significant documents that are found on the internet can be trusted to be intact, and therefore likely have greater evidentiary value — provided they had earlier been registered in the right kind of blockchain, says Kelce Wilson, counsel for Tenet3.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • The Risks In Making A Ransomware Payment

    John Reed Stark

    For many ransomware victims, paying the ransom can become the proverbial best worst option. But is it legal? There is little specific legal authority on the subject, so the legalities of payment and negotiation with ransomware attackers are worthy of some analysis, says John Reed Stark, president of John Reed Stark Consulting LLC.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • What Changed In The Texas Uniform Trade Secrets Act

    Nick Brown

    Recent amendments to the Texas Uniform Trade Secrets Act contain an important — if seemingly unremarkable — new definition of “willful and malicious misappropriation,” says Nick Brown of Fulkerson Lotz LLP.

  • Opinion

    Meritless FTC Case Against Qualcomm Will Harm Consumers

    James Skyles

    With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Where Plaintiffs Are Filing Suit Post-TC Heartland

    Benjamin Anger

    Whereas the Eastern District of Texas once garnered more than one-third of patent cases, now — during the six weeks following the U.S. Supreme Court’s TC Heartland decision — the district received just under 14 percent of new patent cases filed in the United States. And, as predicted, the District of Delaware has jumped to roughly 28 percent of patent case filings, say Benjamin Anger and Boris Zelkind of Knobbe Martens Olson & Bear LLP.

  • Lessons From Google Surviving The Genericide Attack

    Danica Mathes

    Although trademark verbing appears to be on the rise, and the Ninth Circuit's recent Google genericide opinion may give brand owners comfort, that doesn’t mean that brand owners should abandon the tried and true trademark use and protection rules, says Danica Mathes of Bell Nunnally & Martin LLP.