We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Intellectual Property

  • August 6, 2018

    Texas Gas Station Can't Use Logo After Buc-ee's TM Win

    A Texas federal judge has issued an order barring a convenience store from using its cartoon alligator logo, after a jury in May sided with popular convenience store chain Buc-ee's Ltd. in a trademark infringement row, finding the convenience store's logo infringed Buc-ee's cartoon beaver logo.

  • August 6, 2018

    Fed. Circ. Urged Not To Rehear Foreign IP Venue Ruling

    The owner of several telecommunications patents urged the Federal Circuit on Friday to leave in place its recent finding that foreign companies can be sued for patent infringement anywhere in the U.S., saying its lawsuit against Taiwan-based HTC Corp. should be allowed to proceed in Delaware.

  • August 6, 2018

    Arista Agrees To Pay Cisco $400M On Eve Of Antitrust Trial

    On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.

  • August 3, 2018

    CVS Hits Pfizer With Antitrust Suit Over Lipitor Delay

    CVS Pharmacy Inc. launched an antitrust suit in New Jersey federal court Friday accusing Pfizer Inc. of fraudulently obtaining a patent and conspiring with Ranbaxy Laboratories Ltd. to delay generic competition to the cholesterol drug Lipitor, saying the alleged scheme cost the pharmacy giant hundreds of millions of dollars.

  • August 3, 2018

    ​​​​​​​FTC Can't Block Theoretical Drugmaker Moves, Shire Says

    The Federal Trade Commission is exceeding its authority by trying to preemptively block Shire ViroPharma Inc. from petitioning the U.S. Food and Drug Administration to delay generic competition based on theoretical concerns it may do so, the drugmaker told the Third Circuit in a newly filed brief.

  • August 3, 2018

    Fed. Circ. Says Auto Parts Co. Lacks Standing In PTAB Appeal

    The Federal Circuit on Friday ruled JTEKT Corp. doesn't have standing to appeal a Patent Trial and Appeal Board decision upholding part of a patent that the auto parts maker has said poses a risk to its development of a drivetrain product.

  • August 3, 2018

    Fiat Chrysler Says Indian Look-Alike Is Ripping Off Jeep

    Fiat Chrysler has slapped an Indian competitor with a complaint claiming it ripped off the classic design of the Jeep, manufactured the automobile overseas and then sold it to consumers in the United States, telling the U.S. International Trade Commission that the trademark violation has undercut sales.

  • August 3, 2018

    PTAB Shoots Down Pfizer's Bid To Review Avastin Patent

    The Patent Trial and Appeal Board has turned down Pfizer Inc.'s challenge to a patent covering Genentech Inc.'s blockbuster cancer treatment Avastin, finding the challenger couldn't prove the patent shouldn't have been issued.

  • August 3, 2018

    2nd Circ. Restarts Long-Running 'Lucky' Trademark Fight

    The Second Circuit has revived a nearly two-decade-old trademark fight between jean maker Lucky Brand and a smaller rival, a ruling that included a first-of-its-kind application of the doctrine of res judicata.

  • August 3, 2018

    Brand Battles: Honda Aims To Block Ford 'Pilot' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Honda takes exception to a new Ford "Pilot" brand, the Children's Hospital of Philadelphia goes after a rival logo, and a battle six decades in the making erupts between Jiffy Pop and Jif.

  • August 3, 2018

    PTAB Upholds CalTech Wi-Fi Patent In Dispute With Apple

    The California Institute of Technology on Thursday notched a couple of wins in its patent fight with Apple Inc. over Wi-Fi technology when the Patent Trial and Appeal Board ruled that the iPhone maker failed to show that numerous claims in one of CalTech's patents were invalid.

  • August 3, 2018

    IP Hires: Morgan Lewis, Kilpatrick, Cozen O'Connor

    In this week’s round of intellectual property moves, Morgan Lewis & Bockius LLP landed a seven-member team of IP partners, while Kilpatrick Townsend & Stockton LLP brought on board a leading cross-border transaction specialist in San Francisco, and Cozen O'Connor snagged a trial lawyer seasoned with brand protection and trademark enforcement dispute experience. Here are the details on these and other notable hires.

  • August 3, 2018

    China Issues Fresh Tariff Threat On $60B Of US Goods

    The Chinese government teed up a new round of tariffs targeting $60 billion worth of U.S. goods Friday, ramping up its retaliation against President Donald Trump’s own sweeping tariff regime aimed at countering Beijing’s intellectual property and technology acquisition rules.

  • August 2, 2018

    GE Engineer Linked To China Stole Trade Secrets, FBI Says

    A General Electric Co. engineer involved in multiple Chinese companies has been arrested after the FBI filed a criminal complaint in New York federal court Wednesday, claiming he stole trade secrets related to turbine technology and tried to conceal them in the code of a digital photo.

  • August 2, 2018

    Judge Trims 'War Dogs' Suit Over 'American Greed' Episode

    CNBC LLC, NBCUniversal Media LLC and the production company behind CNBC’s show “American Greed” had false advertising claims trimmed Thursday from a Delaware federal court suit brought by a company affiliated with a former defense contractor whose life story became the film “War Dogs.”

  • August 2, 2018

    Facebook, Snap Can Likely Nix Just 1 Of 7 BlackBerry Patents

    A California federal judge on Thursday tentatively denied most of Facebook Inc. and Snap Inc.’s bids to invalidate seven mobile messaging patents at the heart of BlackBerry’s infringement suits against the social media giants, writing that it appears only one of the patents is invalid under Alice.

  • August 2, 2018

    Lower Award Or New Damages Trial For Unicolors In H&M Row

    A California federal judge denied H&M's bid for judgment as a matter of law following an $845,000 jury win for Unicolors, which claimed the Swedish clothing giant ripped off a jacket and shirt pattern, but ruled that H&M can pursue a new trial on damages unless Unicolors agrees to lowered damages of $266,000.

  • August 2, 2018

    Online Smoothie Startup Loses Bid To Halt In-Store Rival

    A New York federal judge remained unswayed by a frozen smoothies startup's assertion that a former partner should be stopped from launching its own brand this month, finding its trade dress is not distinctive and consumers ultimately wouldn't be confused.

  • August 2, 2018

    Artist Denied Access To Porn Pros Who Filmed In Rental Home

    An artist who’s suing an adult entertainment company for allegedly violating her copyrights by filming porn with her artwork in the background can’t have full exposure to the names of everyone involved in the shoots yet, a Massachusetts federal judge ruled Thursday.

  • August 2, 2018

    JPML Won't Centralize IP Rows Against Hulu, Netflix, Others

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday declined to centralize in Colorado or Texas federal court nine infringement suits involving digital data compression patents filed against Hulu, Netflix and others, determining that the allegations against the companies are too disparate.

Expert Analysis

  • A Sighting Of AIA Derivation

    Barbara McCurdy

    The very first America Invents Act derivation proceeding was instituted on March 21, 2018 — more than five years after the AIA was enacted. In these proceedings, the U.S. Patent and Trademark Office has the ability to fashion remedies. But it does not appear to be a proceeding many are pursuing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • What 'Commercial Scale' Means In IP Trade Agreements

    Tran Manh Hung

    The “commercial scale” threshold for intellectual property-related criminal offenses appears in important international agreements. However, there has not been a consensus on the understanding of the term, which leaves a wide and opaque margin for interpretation by countries, judges and lawyers, say Tran Manh Hung and Hoang Ngoc Quan of Baker McKenzie.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Patent Eligibility Assessments: US Approach Vs. UK Approach

    Christopher Carroll

    Techniques used to address questions of obviousness in the U.K. may prove useful to practitioners addressing questions of patent eligibility in the U.S., say Christopher Carroll and Charles Larsen of White & Case LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Massachusetts Patent Litigation Is Speeding Up

    Aaron Jacobs

    The District of Massachusetts recently issued an updated rule for scheduling and procedures in patent infringement cases, to make the district a more convenient venue. Perhaps the most important change is the newly accelerated litigation timeline, says Aaron Jacobs of Prince Lobel Tye LLP.

  • What’s Next For Foreign Patent Damages?

    Mark Kachner

    While resolving the issue of the availability of foreign lost profits in the context of Section 271(f)(2), the U.S. Supreme Court's decision in WesternGeco v. Ion leaves many issues unresolved, say Mark Kachner and Karen Vogel Weil of Knobbe Martens Olson & Bear LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.