Intellectual Property

  • September 11, 2017

    Rakoff Says Kid-Friendly Classic Novels Not Fair Use

    U.S. District Judge Jed Rakoff issued a written opinion Friday explaining his copyright ruling earlier this summer against the author of "children's versions" of classic books like "The Old Man and the Sea," saying the fair use doctrine is not "a jacket to be worn over an otherwise infringing outfit."

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

  • September 9, 2017

    ‘We Shall Overcome’ Verse Loses Copyright Protection

    A New York federal judge ruled Friday that the lyrics and melody to the first verse of Pete Seeger’s classic civil rights song “We Shall Overcome” aren’t protected by copyright, finding the first verse of the 1960s Seeger version doesn’t differ sufficiently from a 1948 public domain version to warrant protection.

  • September 8, 2017

    Navico Wins $38M From Garmin In East Texas Sonar IP Row

    A Texas federal jury on Friday found that Garmin willfully infringed a pair of Navico patents related to sonar-scanning, awarding Navico $38.8 million in damages in the companies’ latest dispute over the technology used in commercial fishing.

  • September 8, 2017

    Raytheon Says $25M IP Suit Little More Than Money Grab

    Raytheon Co. took a swing at a $25 million trade secrets suit alleging it failed to "firewall" employees that had inside information about a former government contracting partner, saying Thursday it had never agreed to keep its workers separate and that the ex-partner was trying to squeeze more out of its original bargain.

  • September 8, 2017

    Brand Battles: Thomas Jefferson, Adidas, Katy Perry

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Thomas Jefferson Foundation cites an 1815 first-use date for "Monticello," Adidas continues to closely police its "three-stripe" trademark, and Katy Perry accuses a Chinese company of false association over a "KatyPeny" application.

  • September 8, 2017

    Fed. Circ. Finds PTAB Erred, Still OKs Nix Of Cable Patent

    The Federal Circuit said Friday that the analysis behind the Patent Trial and Appeal Board's invalidation of a cable manufacturer’s patent covering a method for making an electrical cable was faulty, but that the PTAB was not wrong to nix the claims.

  • September 8, 2017

    UK Drugmaker Can’t Dodge States’ Suboxone Case Just Yet

    A Pennsylvania federal judge on Friday refused to dismiss a case brought by more than 40 states in multidistrict litigation accusing a U.K.-based drugmaker of delaying the introduction of generics of its opioid addiction treatment Suboxone, ruling that at the current stage in the case, the states have properly alleged their claims.

  • September 8, 2017

    Fed. Circ. OKs Sanctions, Injunction In Skin System IP Row

    The Federal Circuit on Friday knocked back the multi-pronged appeal of a Florida man who committed copyright and patent infringement by marketing a knock-off facial hydradermabrasion system and was sanctioned in the lower court for putting up phony evidence of prior trademark use.

  • September 8, 2017

    Amgen Set To Face Off With Hospira In Biosimilar IP Trial

    Pharmaceutical companies Amgen Inc. and Hospira Inc. are set to square off later this month in a patent infringement trial centering on Hospira’s efforts to produce a biosimilar version of Amgen’s anti-anemia drug Epogen after the sides completed their final pre-trial conference in Delaware on Friday.

  • September 8, 2017

    Sharebeast.com Owner Pleads Guilty To Felony Infringement

    The 29-year-old owner of file sharing website Sharebeast.com pled guilty to a felony count of criminal copyright infringement for pirating more than a billion copies of copyrighted works, according to a statement by the U.S. Department of Justice on Friday.

  • September 8, 2017

    Allergan Transfers Restasis Patents To IPR-Immune Tribe

    Allergan PLC has transferred the patents for its dry eye treatment Restasis to a Native American tribe with sovereign immunity in a bid to escape inter partes review proceedings before the Patent Trial and Appeal Board, the pharmaceutical company said Friday.

  • September 8, 2017

    Petrochem Test Co. Sues Ex-Lab Manager Over Trade Secrets

    Camin Cargo Control, a petroleum cargo management company that also does lab testing and inspections for petroleum and petrochemical companies to ensure quality control, filed a $1 million lawsuit against its former lab manager Thursday in Texas state court, alleging he stole trade secrets and violated a noncompete agreement.

  • September 8, 2017

    Fed Circ. Affirms PTAB Rejection Of Biofuel Patent

    The Federal Circuit on Friday backed a Patent Trial and Appeal Board rejection of a patent for a biofuel production method, affirming a finding that existing fermentation and algal processes rendered the invention’s contribution obvious.

  • September 8, 2017

    Judge Scolds Getty, Ex-VP Over Trade Secrets Deposition Row

    A Washington federal judge Thursday chastised Getty Images Inc. and a former executive it accuses of giving trade secrets to a rival for a “breakdown in civility” following her July deposition, ordering her to sit for another on findings she dodged Getty’s questions during their last go-round.

  • September 8, 2017

    Quinn Emanuel Expands In Europe With 9th Office

    Quinn Emanuel Urquhart & Sullivan LLP said it has opened a new office in Stuttgart, Germany — its fourth in the country and ninth across Europe — that will focus on intellectual property and antitrust law.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

    Wagner.jpg

    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • When AI Creates IP: Inventorship Issues To Consider

    Mark Lyon

    While it is an open question whether a machine is eligible under the existing patent laws to be a named inventor of a U.S. patent, we are nearing the time when exactly who, or what, owns the rights to an invention conceived by artificial intelligence is going to be put to the test, say attorneys with Gibson Dunn & Crutcher LLP.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • The Role Of Assertive Patent Licensing

    Charles Neuenschwander

    Assertive licensing is an attempt to grant rights to an unlicensed party that currently uses the licensor’s patented technology. It is less an option and more the last choice in a continuum of licensing tools. But there is nothing sinister about it, says Charles Neuenschwander, president of Neuenschwander Associates.

  • UK Supreme Court Broadens Scope Of Patent Protection

    Dylan Balbirnie

    The U.K. Supreme Court’s recent judgment in Actavis v. Eli Lilly sets out a revised approach to assessing patents in the U.K. and is likely to confer greater protection on patent owners, by providing that the protection afforded to a patent is not limited to the wording of the claims, say attorneys with Dechert LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • A Tee, A Tweet And Frank Ocean: Some Copyright Lessons

    Timothy Buckley

    A T-shirt worn by Frank Ocean at Panorama Music Festival was produced and sold by 18-year-old Kayla Robinson on her Green Box Shop online store, and reportedly copied without permission from a 2015 tweet posted by another teenager. It raises questions about attribution and copyright infringement on social media, says Timothy Buckley of Cowan Liebowitz & Latman PC.

  • How Fed. Circ. Guides PTAB On CBM Review: Part 2

    Brian Mudge

    Seven recent decisions show the Patent Trial and Appeal Board has adjusted its approach in evaluating whether a patent is eligible for covered business review following the Federal Circuit’s guidance in Unwired Planet and Secure Axcess, say Brian Mudge and Andrew Kasnevich of Andrews Kurth Kenyon LLP.

  • The State Of Biometrics Technology: The Uses, The Concerns

    Haydn Evans

    Despite early implementations dating back to the 2000s, biometrics technologies are still an emerging trend. Biometric identification and validation techniques are being introduced to new and more innovative industries — for both security purposes and personal convenience, says Haydn Evans of CPA Global.