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Intellectual Property

  • October 9, 2018

    Instagram Art Show Was Fair Use, Richard Prince Says

    Visual artist Richard Prince is pushing to end copyright litigation over his Instagram-themed art exhibit, arguing he was allowed to display largely unaltered versions of other artists' images because he used them in “a radically different aesthetic context.”

  • October 9, 2018

    Trump Says China 'Not Ready' To Strike Tariff Truce

    President Donald Trump said Tuesday that he has rebuffed China’s efforts to hold negotiations aimed at ending the two governments’ escalating tariff battle, declaring that Beijing is “not ready” to make necessary concessions to the U.S. government.

  • October 9, 2018

    SG To Argue At Supreme Court For Limiting On-Sale Bar

    The U.S. Supreme Court on Tuesday cleared the solicitor general to argue at an upcoming case interpreting the America Invents Act's on-sale bar, allowing the government to throw its weight behind the petitioner who says the Federal Circuit dramatically expanded what counts as "on sale."

  • October 5, 2018

    Bed Bath & Beyond Can't Toss Water Balloon Toy Suit

    A Texas federal judge on Friday said that Bed Bath & Beyond Inc. and two other companies cannot dismiss a patent infringement lawsuit Tinnus Enterprises and another company brought over a toy that allows for the filling of dozens of water balloons at once.

  • October 5, 2018

    Composers Say Marriott Ripped Off Musical In New IP Suit

    Two composers slapped Marriott International with a copyright and trademark infringement suit in Illinois federal court Friday, accusing the company of ripping off their musical based on a best selling memoir to produce a competing show. 

  • October 5, 2018

    Shipping Co. Must Pay $49M For Copycat Container Designs

    A Texas state court has awarded SandBox Logistics LLC more than $49.2 million and all the shipping containers manufactured by a rival company after finding its CEO violated a nondisclosure agreement and created copycat containers, but the rival company has pledged to appeal.

  • October 5, 2018

    Fed. Circ. Preserves Rule Inventors Say Can Be A Burden

    The Federal Circuit’s recent decision rejecting a challenge to the U.S. Patent and Trademark Office’s ability to reopen patent prosecution rather than hear an appeal preserves a rule the agency has said is necessary to prosecution but some feel can make life difficult for inventors.

  • October 5, 2018

    Filmchella, Coachella Settle TM Suit Headed To Trial

    A California federal judge has signed off on a deal that prohibits a three-day film festival once called “Filmchella” from using marks that might be confusingly similar to the popular Coachella music festival, marking an end to a legal battle that was headed to a jury trial in less than a week.

  • October 5, 2018

    Brand Battles: NASA, Ivy League, 'Lord Of The Rings'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, NASA aims to ground a look-alike parody logo, the Ivy League says an "Ivy" college prep brand should be expelled, and the owner of the "Lord of the Rings" franchise does battle with a "Lord of Meringues."

  • October 5, 2018

    Treasury Likely To Narrow GILTI Anti-Abuse Reg, Official Says

    The Department of Treasury will likely narrow and focus a broad anti-abuse provision in the federal tax overhaul's global minimum tax provision, which wasn't meant to hit non-abusive or old transactions despite its broad scope, a department official said Friday at an American Bar Association conference.

  • October 5, 2018

    FanDuel, DraftKings Score Win Over Gambling Patent At PTAB

    The Patent Trial and Appeal Board has handed a win to sports betting platforms FanDuel and DraftKings, invalidating several claims of a video system patent as obvious over a combination of prior art.

  • October 5, 2018

    Fed. Circ. Affirms Alice Win For Fashion E-Commerce Co.

    The Federal Circuit on Friday upheld a lower court's decision to toss a patent infringement suit against fashion media company Clique Brands Inc., leaving in place a California federal judge's decision to ax the internet patent as too abstract under the high court's Alice standard.

  • October 5, 2018

    Judge Says Alibaba At Least Partly Won In Crypto TM Fight

    A New York federal judge told lawyers for Chinese e-commerce giant Alibaba Group Holding Ltd. on Friday that they did a better job arguing for an injunction against the promoters of a cryptocurrency called Alibabacoin than they had previously, but declined to rule after a heated argument.

  • October 5, 2018

    B. Braun Settles IV Tylenol IP Row After Losing Venue Fight

    A subsidiary of B. Braun Melsungen AG has settled Mallinckrodt IP’s multiple patent infringement lawsuits in Delaware federal court seeking to block the German pharmaceutical giant from making generic versions of its IV Tylenol, after B. Braun unsuccessfully argued that the suits were filed in the wrong venue under the U.S. Supreme Court’s TC Heartland ruling.

  • October 5, 2018

    American Airlines Sues Travel Services Co. For Infringement

    American Airlines Inc. claims in a trademark infringement filed suit in Miami on Thursday that a Florida-based travel services company is violating a prior settlement by using a logo that too closely resembles the airline's and is attempting to register it for use in connection with transportation services.

  • October 5, 2018

    Ericsson Insists HTC Must Prove SEP Royalties Breach

    Cellphone maker HTC America Inc., which is suing Swedish telecom Ericsson Inc. in Texas federal court for allegedly overcharging for aging standard-essential patents, bears the burden of proof for its breach-of-contract claim, Ericsson has said in a brief.

  • October 5, 2018

    PTAB Invalidates Patent For Biogen's Cancer Drug Rituxan

    The Patent Trial and Appeal Board has invalidated the entirety of a Biogen Inc. patent for its cancer treatment Rituxan, following a challenge by South Korea's Celltrion Inc.

  • October 5, 2018

    Patent Suit Over Tennis Stadiums' Retractable Roofs Trimmed

    A New York federal judge has trimmed a lawsuit alleging a group of engineering, architectural and building firms stole designs and trade secrets for retractable stadium roofs, ruling the court did not have jurisdiction over four of the defendants while giving leave to amend the complaint.

  • October 5, 2018

    IP Hires: Dentons, O’Melveny, Jeffer Mangels

    In this week’s round of intellectual property attorney moves, Dentons nabbed a trio of Perkins Coie patent litigators, while O’Melveny added a former Paul Hastings IP partner and Jeffer Mangels landed an intellectual property litigator formerly with Glaser Weil. Here are the details on these and other notable IP hires.

  • October 4, 2018

    'Bad Moms' TM Fight Heats Up With Sanctions Bid

    The producer of the film "Bad Moms" asked a Florida federal judge Thursday to sanction a similarly named startup company that organizes events for women and developed a related line of wine and spirits for failing to follow a discovery order in a trademark dispute.

Expert Analysis

  • Opinion

    Congress Shouldn’t Overturn EBay Patent Injunction Standard

    Thomas Cotter

    A bill pending in Congress would overturn the U.S. Supreme Court’s 2006 decision in eBay v. MercExchange, which held that a patent owner that succeeds in proving infringement isn’t automatically entitled to an injunction. To understand why the proposal should be rejected, it’s important to recognize that patent law is all about balance, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Surveying The Cannabis Patent Litigation Landscape

    Tryn Stimart

    As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.

  • Tallying Repetitive Inter Partes Review Challenges

    Steven Carlson

    We analyzed the petitioning practice of the top five filers of inter partes review — Apple, Samsung, Google, Microsoft and LG — and it is clear that serial, overlapping petitions are commonplace at the Patent Trial and Appeal Board, even by a single entity, say Steven Carlson and Ryan Schultz of Robins Kaplan LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.