Intellectual Property

  • April 10, 2018

    Royalty Flow Cancels IPO, Blames Reg A+ 'Backlash'

    Royalty Flow Inc. scrapped plans on Monday to complete a Regulation A+ public offering that would have raised money to acquire royalty interests from music artists starting with rapper Eminem, saying the offering fell apart amid a broader backlash against Reg A+ companies.

  • April 10, 2018

    Par Pharma Blasts $102M Bond Ask In Trade Secrets Suit

    Par Pharmaceutical Inc. shouldn’t have to post a $102 million bond in its suit accusing QuVa Pharma Inc. of stealing trade secrets, as the amount is “egregiously excessive” and QuVa hasn’t backed up its number with evidence, Par told a New Jersey federal court Monday.

  • April 10, 2018

    HTC Can't Get Phone Display Patents Nixed As Abstract

    HTC Corp. has lost its bid to quickly dispose of a patent lawsuit over technology for automatically refreshing a smartphone display screen, after a California federal judge ruled the patents are not directed to an abstract idea.

  • April 10, 2018

    Vegan Chef Hits Owner Of 'By Chloe' Chain With TM Suit

    Celebrity chef Chloe Coscarelli — the first vegan chef to win the top prize on the Food Network’s “Cupcake Wars” competition — hit her former business partner with a trademark infringement suit in California federal court, saying it unfairly cut her out of her namesake restaurant chain By Chloe.

  • April 10, 2018

    Calif. Royalty Act Doesn’t Defy Fed. Law, Artists Tell 9th Circ.

    Chuck Close and other artists urged the Ninth Circuit during oral arguments Tuesday to revive their putative class actions seeking art sale royalties from Christie’s, Sotheby’s and eBay, saying a California law mandating royalty payments to artists isn’t preempted by the federal Copyright Act.

  • April 10, 2018

    PTAB To Review Hair Loss Treatment Patent After Rehearing

    Six months after deciding not to review a Concert Pharmaceuticals Inc. patent related to a potential hair loss treatment, the Patent Trial and Appeal Board reversed course Monday and said Incyte Corp. had shown the patent was likely invalid.

  • April 10, 2018

    Aircraft Parts Co. Gets Win In Trademark Suit

    A Pennsylvania federal judge granted a win to an airplane parts manufacturer in a trademark dispute with a rival over the use of a common part-labeling system, ruling that the system was not generic and that a valid trademark for it existed.

  • April 10, 2018

    Chinese President Vows Reforms To Ease Trade Tensions

    Chinese President Xi Jinping on Tuesday promised a "new phase of opening up" Beijing's economy, announcing a series of reforms that will allow for greater foreign investment in the auto and banking sectors and an improvement to the nation's controversial intellectual property regime.

  • April 9, 2018

    CBS Sued Over Trademark Named For 'I Love Lucy' Stars

    A venture capitalist who says he’s trying to relaunch the production company founded by "I Love Lucy" stars Lucille Ball and Desi Arnaz accused CBS of infringing his trademark for their old company name, Desilu, according to a suit in California federal court Monday.

  • April 9, 2018

    Ticketmaster's IP, Hacking Claims Don't Play, Scalpers Say

    Several ticket scalping-companies urged a California federal judge Monday to toss Ticketmaster’s claims that they violated copyright and cybersecurity laws by using software bots to purchase thousands of event tickets, arguing Ticketmaster was using the claims to try to inflate damages in what is actually a contract dispute.

  • April 9, 2018

    Levi Strauss Sues French Designer Over Jean Tabs

    Levi Strauss & Co. is suing French designer Kenzo for selling jeans that copy the small "tab" sewn onto the back pocket of every pair of Levi's, including a Kenzo line involving pop star Britney Spears.

  • April 9, 2018

    Polsinelli Taps 2 To Head Global Franchise, Supply Practice

    Polsinelli PC said Friday it has named two lawyers from Gardere Wynne Sewell LLP to co-chair a global franchise and supply network practice out of the law firm’s Dallas and Denver offices, where they will focus on representing domestic and multinational companies in the food, beverage, manufacturing and retail industries.

  • April 9, 2018

    Fed. Circ. Backs Sanyo’s Alice Win In Smart TV Patent Case

    The Federal Circuit on Monday upheld a lower court’s ruling that four patents on methods of controlling entertainment subscriptions, which Sanyo smart TVs were accused of infringing, are invalid for claiming nothing more than abstract ideas.

  • April 9, 2018

    Calif. Court Awards $6.45M Judgment In 'Revenge Porn' Case

    A California federal judge has issued a default judgment and awarded a woman more than $6.45 million for her copyright infringement and emotional distress claims in a "revenge porn" case, ranking as the second largest award in a noncelebrity revenge porn case, according to her attorneys at K&L Gates LLP.

  • April 9, 2018

    Ballard Spahr Wants IP Rental Malpractice Claims Arbitrated

    Ballard Spahr LLP urged a Pennsylvania state judge to force a medical supply company to arbitrate claims that it was given bad advice by Lindquist & Vennum LLP, which Ballard merged with in September, over its ability to rent patented laser technology.

  • April 9, 2018

    Illumina Urges Court To Uphold Jury Verdict Against Ariosa

    Illumina Inc. on Friday urged a California federal judge to uphold a jury’s $26.7 million verdict against genomics company Ariosa Diagnostics Inc. for infringing two prenatal testing technology patents, fighting Ariosa’s wide-ranging request for relief.

  • April 9, 2018

    Tech Giants Angling To Cool US-China Tariff Tension

    An industry group representing more than 60 major tech companies including Google Inc., Apple Inc. and Inc. urged the Trump administration Monday to stop imposing tariffs and instead form an international coalition to pressure China into changing its trade practices and intellectual property rules.

  • April 9, 2018

    Fed. Circ. Clears Microsoft, Nintendo In Xbox, Wii IP Suit

    The Federal Circuit ruled Monday that Microsoft’s XBox Kinect and the Your Shape exercise game for Nintendo’s Wii do not infringe a patent covering a virtual instructional aid, upholding a decision from a Washington federal judge.

  • April 9, 2018

    Carbon Black To Pay Finjan $3.9M To End Weeks-Old IP Row

    Cybersecurity company Carbon Black has agreed to pay $3.9 million in license fees to Finjan Inc., settling patent infringement allegations brought by the latter in California federal court just over two weeks ago, according to a Monday regulatory filing by Finjan.

  • April 9, 2018

    Disney Tries Again To Shut Down Redbox Code Sales

    Walt Disney Co. is again asking for an injunction to bar Redbox from selling digital movies at its kiosks, six weeks after a judge refused to grant the studio a similar order on the grounds that it was misusing its copyrights.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Section 101 Decisions Clarify 'Clear And Convincing Evidence'

    Rob Shaffer

    Since the U.S. Supreme Court’s decision in Alice, many practitioners have been confused about whether the presumption of validity and proof by clear and convincing evidence still apply when a patent has been challenged under Section 101, particularly at the pleadings stage. In three recent decisions, the Federal Circuit has provided guidance, say Rob Shaffer and Scott Allen of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • How PTAB Is Defining Printed Publication

    John Strand

    Over the past 10 months, the Patent Trial and Appeal Board has issued dozens of decisions that address whether certain references are printed publications. The many decisions where a document was found not to be a printed publication should serve as guidance to petitioners and patent owners, say attorneys with Wolf Greenfield & Sacks PC.

  • Early Patenting Questions For Public Benefit Corporations

    Michael Messinger

    Public benefit corporations are unique companies in the way they combine for-profit and public benefit aims. Crucial patent strategy issues that all companies face, such as when to obtain patents and how to use patents in the marketplace, take on added complexity for PBCs, say Michael Messinger and Casey Berger of Shami Messinger PLLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Are Works Generated By AI Subject To IP Protection?

    Jason Bloom

    As businesses invest more heavily in AI, they will increasingly turn to intellectual property law to protect their investments. However, many questions currently exist regarding whether AI-generated work can be protected, and who is liable when AI generates infringing work, say Jason Bloom and Stephanie Sivinski of Haynes and Boone LLP.

  • The New USPTO Examiner Manual And 102(e) Prior Art

    Eric Steffe

    The U.S. Patent and Trademark Office’s January 2018 updates to the Manual of Patent Examining Procedure seem to provide guidance that is at odds with Federal Circuit and Patent Trial and Appeal Board precedent on whether Dynamic Drinkware applies to published patent applications, say Eric Steffe and David Holman of Sterne Kessler Goldstein & Fox PLLC.

  • 5 Easy Ways To Improve Your Demonstratives For Trial

    Jason Fowler

    Not all demonstratives are created equal. While lawyers as a group have mastered the art of presenting arguments orally and in writing, there is much room for improvement in how we present arguments visually, says Jason Fowler of Covington & Burling LLP.

  • The Art And Science Of Investigative Questions: Part 5

    David Dolkas

    In the final article in this five-part series, longtime trial lawyer David Dolkas discusses Level One and Level Two investigative questioning.