Intellectual Property

  • November 9, 2017

    Remastered Pre-1972 Songs Are New IP, CBS Tells 9th Circ.

    CBS told a Ninth Circuit panel on Thursday that remastered versions of songs recorded before 1972 are fundamentally different enough from the originals to qualify for federal copyright protection in an appeal from ABS Entertainment and others seeking to revive a class action claiming the media giant owes them royalties for radio broadcasts.

  • November 9, 2017

    Apple, Cisco Likely To Nix Straight Path’s Patent Claims

    U.S. District Judge William Alsup told Straight Path IP Group Inc. at a hearing Thursday that when the Federal Circuit saved its internet telephone patents from “obliteration,” its decision narrowed the patents’ scope, and the company can’t now “wiggle out” of the appellate ruling in order to sue Apple and Cisco.

  • November 9, 2017

    Judge Slams Uber's 'Irritating' Response To Jury Instruction

    The California federal judge overseeing the self-driving car trade secrets dispute between Waymo and Uber admonished Uber’s lawyers in a short order on Wednesday, saying he was upset that when he asked for a response on a proposed jury instruction, Uber only replied that it agreed with the proposal.

  • November 9, 2017

    Fed. Circ. Upholds Sanofi Win Over Generics In Multaq Suit

    The Federal Circuit upheld a district court decision Thursday finding that two Sanofi patents for the heart rhythm medication Multaq were not invalid and that the generic versions of the drug made by Watson and Sandoz would infringe, saying the companies failed to show that the lower court erred.

  • November 9, 2017

    Intellectual Ventures Fights T-Mobile's Bid To Nix LTE Claims

    Intellectual Ventures on Wednesday blasted T-Mobile USA's bid to dismiss claims that it had infringed existing wireless transmission patents with its growing LTE network, telling a Texas federal court that the patent claims at issue are different from those asserted in its unsuccessful suit against the mobile communications giant in another court.

  • November 9, 2017

    Calif. Jury Finds Kia Infringed Allstate's 'Drivewise' TM

    Allstate Insurance Co. won its trademark infringement suit against Kia Motor Corp. on Thursday when a California federal jury found Kia's high-tech "Drive Wise" vehicle add-ons could be confused with Allstate’s trademarked "Drivewise" driver safety program.

  • November 9, 2017

    WWE Wins Bid For Call Records In Wrestler’s Royalty Row

    World Wrestling Entertainment Inc. on Thursday won its bid for phone records for calls between a Chicago lawyer and two former wrestlers that the wrestling giant said were aimed at soliciting them to file a royalties suit against it in Connecticut federal court after the wrestlers’ attorneys didn’t respond in time.

  • November 9, 2017

    Brand Battles: US Army Fights For 'West Point' Trademarks

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, the U.S. Army battles back after an examiner rules that "West Point" is merely a town name, a trendy Brooklyn eatery draws flak from the organizer of the Emmy Awards, and Apple files another case in a busy year at the board.

  • November 9, 2017

    BakerHostetler Hires Ex-Stroock Patent Partner In NY

    A former Stroock & Stroock & Lavan LLP partner with over 20 years of patent litigation experience for previous clients such as health care products maker Kaz Inc. and digital equipment maker Movea Inc. has joined BakerHostetler in New York.

  • November 9, 2017

    RockStar Hotels Infringes Trademarks, Hard Rock Cafe Says

    Hard Rock Cafe asked a Florida federal court on Wednesday to stop a competitor, RockStar Hotels, from copying the iconic hospitality company’s distinctive trademarks, urging the court to issue an injunction to prevent RockStar’s alleged attempts to mimic Hard Rock while its infringement suit is pending.

  • November 9, 2017

    Janssen, Gilead Clear Mylan To Sell Generic HIV Drug

    Janssen Pharmaceutica NV on Thursday told a Delaware federal court that it has granted Mylan Pharmaceuticals Inc. a license to use eight patents tied to the HIV treatment Complera, ending an infringement suit Janssen and Gilead Sciences Inc. had filed and clearing Mylan to eventually sell a generic.

  • November 9, 2017

    IP Hires: Fish & Richardson, Crowell & Moring, Gibson Dunn

    In this week’s intellectual property partners on the move, Fish & Richardson boosts its ranks with IP principal hires in Boston and Houston, Crowell & Moring welcomes a government contract attorney with IP experience, and Gibson Dunn adds a seasoned appellate litigator. Here are details on IP attorneys who have landed new jobs.

  • November 8, 2017

    Forehead Gems And Long Tongues Can't Save Copyright Suit

    A New York federal judge spent several pages discussing expanding tongues and gemstones that get stuck to an acerbic superhero’s forehead Wednesday before dismissing a lawsuit brought against Cartoon Network by a comic book author who claims the show “Steven Universe” ripped off his series “Amphoman.”

  • November 8, 2017

    Apple, Qualcomm Each Take Losses In War Over IPhone Chip

    Qualcomm can’t accuse Apple of unfair competition for allegedly threatening to end their business partnership if the chipmaker went public about disparities in iPhone speeds, a California federal judge said Wednesday in an order that also found Apple couldn’t assert that nine of Qualcomm’s patents were invalid.

  • November 8, 2017

    Allstate Defends Brand Against Kia In 'Drivewise' TM Trial

    Allstate product and marketing executives testified in front of a California federal jury on Wednesday that the insurer spent hundreds of millions of dollars creating and marketing its trademarked “Drivewise”-branded safety program, which the company says Kia Motor Co. infringed with its tech-forward vehicle add-ons.

  • November 8, 2017

    Amneal Gets OxyContin Patent Nixed At PTAB

    The U.S. Patent Trial and Appeal Board on Wednesday ruled that Amneal Pharmaceuticals LLC had sufficiently shown that an OxyContin patent belonging to Purdue Pharma LP is obvious over prior art in two America Invents Act inter partes reviews.

  • November 8, 2017

    Hendrix Estate Accuses Tavern Of Unauthorized Song Use

    A company in charge of late guitarist Jimi Hendrix's estate filed suit Wednesday in Massachusetts federal court against the Bolton Street Tavern, a bar and restaurant in the town of Marlborough, accusing it of unauthorized use of the iconic rock star’s music at live performances.

  • November 8, 2017

    'Filmchella' Organizer Refuses To Drop Name, Coachella Says

    The organizers of the Coachella music festival urged a California federal judge Tuesday to hold the man behind an upstart film festival in contempt for violating a court order barring him from using the name “Filmchella,” contending that he has continued to use the moniker while insisting that the ruling isn’t clear.

  • November 8, 2017

    Playboy Says BoingBoing Owner Stole Every Centerfold Ever

    Playboy Entertainment Group Inc. hit the owner of BoingBoing, a website that has advocated for more open use of online content, with a copyright suit in California on Tuesday over the site’s reference to a slideshow of every centerfold photo the magazine ever published.

  • November 8, 2017

    Fed. Circ. Upholds Facebook Win In Word To Info Patent Suit

    The Federal Circuit on Wednesday affirmed a California federal court ruling that found Facebook did not infringe seven Word to Info patents relating to computer systems that can interpret human language.

Expert Analysis

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Anticipating Senate Questions For USPTO Director Nominee

    Andrew Baluch

    A review of every U.S. Patent and Trademark Office director confirmation hearing since 1999 reveals the likely questions the Senate will ask Andrei Iancu at his upcoming hearing for that position, says Andrew Baluch, a partner at Smith Baluch LLP and former adviser at the USPTO.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • Stockpiling Biologics Under Hatch-Waxman Protection

    Paul Dietze

    Recent biosimilars cases have raised questions regarding whether the Hatch-Waxman Act safe harbor provision protects commercial stockpiling. Though there is surprisingly little case law on this issue, the existing case law supports that stockpiling is at least partially protected, say attorneys with Haynes and Boone LLP.

  • How District Courts Treat Patent Eligibility In Life Sciences

    Eldora Ellison

    We analyzed district court litigations in the life sciences from June 2013 through June 2017. During that period, 26 sets of biotechnology-related patents were adjudicated for patent eligibility, and slightly more than half survived, say Eldora Ellison and Jaume Canaves of Sterne Kessler Goldstein & Fox PLLC and Paul Golian, assistant general counsel at Bristol-Myers Squibb Co.

  • Fair Use With Dr. Seuss

    Tal Dickstein

    Because of their unique style and wide appeal, elements of Dr. Seuss’ books have been borrowed by other authors who claim their works are protected parody. A review of these cases, including a decision last month in the Southern District of New York, provides helpful guidance on how the fair use defense applies to parodies, says Tal Dickstein of Loeb & Loeb LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • Still Difficult For Patent Holder To Use Equivalents Theory


    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • The Limitations Of Patent Prosecution Data Analytics

    Peter Sleman

    Before the advent of analytical tools like Juristat, it was almost impossible to compare law firms on patent prosecution without sampling file histories. Now firms can finally be compared on a macro basis, but the statistics can be skewed for a number of reasons, says Peter Sleman of Wei & Sleman LLP.