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Intellectual Property

  • August 9, 2018

    Studios' Snub Shows Conspiracy, VidAngel Tells 9th Circ.

    VidAngel Inc. urged the Ninth Circuit to revive the company's antitrust counterclaims in the copyright infringement suit brought by Disney, Lucasfilm and other movie studios, saying during oral arguments Thursday that the refusal of all the major studios to play ball with the family-friendly streaming service supports an inference of a conspiracy among them.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    Condo Co. Not Owed Defense In IP Suit, 11th Circ. Affirms

    The Eleventh Circuit on Thursday ruled that Aspen Specialty Insurance Co. does not have to cover a Florida condominium group’s costs to defend a trademark infringement lawsuit filed by the owner of an Alaska hotel, agreeing with a lower court that a policy exclusion for intellectual property claims bars coverage.

  • August 9, 2018

    What You Need To Know About Patent Litigation In China

    Law360's tour of prominent patent jurisdictions around the globe focuses this week on China, where patent applications and infringement actions in specialized courts are booming, but a lack of discovery and political concerns might give pause to some foreign litigants.

  • August 9, 2018

    USPTO Plans 25% AIA Review Fee Hike Due To SAS Ruling

    The U.S. Patent and Trademark Office on Wednesday proposed increasing the fee to challenge patents in America Invents Act reviews by about 25 percent beginning in 2021, citing additional work for the office created by the U.S. Supreme Court's recent SAS Institute decision.

  • August 9, 2018

    Justices Asked To Mull AIA Reviews As Takings

    An audio device maker has urged the U.S. Supreme Court to consider whether patent claims canceled in America Invents Act reviews are regulatory takings by the government, such that patent owners are owed compensation on constitutional grounds, particularly those whose patents were filed or issued before 2011.

  • August 9, 2018

    StubHub Beats App Developer's Trade Secrets Theft Claims

    A California federal judge has awarded StubHub a win over allegations it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who allegedly used proprietary data from their former company in apps they developed for the online ticket vendor.

  • August 9, 2018

    Jaguar Abandoned 'Defender' TM, Carmaker Bombardier Says

    Jaguar Land Rover Ltd. has abandoned its trademark on the “Defender” name because it hasn’t sold one in the United States since 1998, Bombardier Recreational Products Inc. argued in legal papers filed in Michigan federal court defending its counterclaims to the former’s patent infringement suit.

  • August 9, 2018

    Citing 'Mastermind Vodka,' TTAB Rejects 'Mastermind' Beer

    The Trademark Trial and Appeal Board has ruled that consumers would confuse a craft brewer’s “Mastermind” beer brand with an already-registered “Mastermind Vodka” trademark.

  • August 9, 2018

    Ugg Maker's Patent Upheld After $5.2M Jury Win

    A California federal judge issued a findings of fact order that favored Ugg maker Deckers Outdoor Corp. following a $5.2 million verdict that held Romeo and Juliette Inc. liable for infringing two design patents.

  • August 9, 2018

    TM Suit Over Historic NOLA Market Survives Bid To Toss

    A Louisiana federal judge on Thursday kept alive the majority of the City of New Orleans’ claims against the operator of the city's historic St. Roch Market food hall in a fight over the rights to the market’s trademark, with a trademark dilution claim the only one to get the ax.

  • August 9, 2018

    Del. Judge Not Inclined To Reverse $82M IBM Patent Wins

    A federal judge in Delaware said he is inclined to stand pat on most of the jury verdicts and rulings that produced an $82.5 million award in late July against Groupon Inc. for infringing four early, e-commerce-related IBM Corp. patents.

  • August 9, 2018

    Wireless Co. Ubiquiti Says Rival Sells Hacking Firmware

    Wireless networking company Ubiquiti Networks Inc. hit rival Cambium Networks Inc. with copyright infringement, fraud and antitrust claims in Illinois federal court over allegations Cambium is selling firmware that hacks Ubiquiti's devices and uses them as a launching point for its wireless service.

  • August 9, 2018

    Airline Can't Probe Immigration Status In IP Row, Court Told

    The vice president of an airline marketing company urged an Illinois federal court to quash a subpoena into his immigration records that was issued by a Canadian budget airline in a contract and intellectual property dispute between the two companies.

  • August 9, 2018

    NWA Member's Wife Reaches Deal With Son In Trademark Row

    The wife of the late N.W.A. member Eazy-E and his son have agreed to settle a lawsuit in California federal court over the use of “Straight Outta Compton” and other phrases associated with the rap group.

  • August 9, 2018

    Comcast Gets PTAB Nix Of TiVo's Programming Guide Patent

    The Patent Trial and Appeal Board invalidated as obvious an on-screen TV programming guide patent held by a TiVo Corp. subsidiary, handing a victory to Comcast Corp. in a wide-ranging intellectual property war between the two entertainment companies.

  • August 8, 2018

    Jones Day Lands An IP Pro From Paul Hastings

    Jones Day has grabbed a “first chair litigator” in Silicon Valley from Paul Hastings LLP with nearly 20 years of experience in patent and technology work, the firm announced Monday.

  • August 8, 2018

    Verizon, Vehicle IP Spar Over Navigation Patent At Fed. Circ.

    Mobile navigation app patent holder Vehicle IP LLC urged a Federal Circuit panel Wednesday to revive its infringement claims against a Verizon Wireless affiliate, saying a lower court, for a second time, improperly inserted restrictive language into its claim construction when it axed the suit.

  • August 8, 2018

    Arctic Cat, Bombardier Can’t Redo Snowmobile Patent Trial

    Bombardier and Arctic Cat each lost bids for a new trial in a snowmobile patent dispute when a Minnesota federal judge ruled Tuesday that there was sufficient evidence supporting a jury’s finding that Arctic Cat infringed one of Bombardier’s patents, and that the contested claims in two patents were invalid.

  • August 8, 2018

    Montgomery McCracken Snags 4 Buchanan Attys For IP Unit

    The Philadelphia office of Montgomery McCracken Walker & Rhoads LLP says it has added a powerful intellectual property team that includes a pair of LGBT “trailblazers” with four hires from Buchanan Ingersoll & Rooney PC.

Expert Analysis

  • Opinion

    A Clever Scheme To Protect Invalid Patents Has Failed

    John Thorne

    The Federal Circuit's decision in St. Regis v. Mylan rejected tribal sovereign immunity as a defense against the U.S. Patent and Trademark Office's inter partes review process. Had the court ruled in favor of St. Regis, every holder of questionable U.S. patents would be rushing to Native American tribes, seeking deals to shelter possibly bogus rights, says John Thorne of the High Tech Inventors Alliance.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • USPTO Incentive Policies Influence Patentability Decisions

    Eric Blatt

    Based on empirical analysis of U.S. Patent and Trademark Office transaction data from 2001 to 2012, we found that USPTO human resource policies may increase the rate at which examiners issue allowances. Applying strong quality incentives may mitigate this effect, say Eric Blatt of ​​​​​​​Rothwell Figg Ernst & Manbeck PC and Lian Huang of Bookoff McAndrews PLLC.

  • An Opportunity For High Court To Clarify Trademark Issue

    Mansi Parikh

    Trademark owners that have sued the creators of expressive works for infringement have had little success, as evidenced by the recent Ninth Circuit decision in Twentieth Century Fox Television v. Empire. If the U.S. Supreme Court grants review in this case, it would analyze the apparent conflicts between application of the Lanham Act and the First Amendment, says Mansi Parikh of Schumann Hanlon Margulies LLC.

  • The Millennial Juror’s Thoughts On IP

    Johanna Carrane

    Millennials represent more than 25 percent of the U.S. population and grew up immersed in technology. Anyone preparing to face a patent jury should consider how this age group feels about the patent world. Our analysis of 5,000 mock jurors showed two important overall conclusions, say Johanna Carrane and Lynn Fahey of JuryScope Inc.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • The Role Of IP In The Crypto Bubble

    Aaron Parker

    Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.