Intellectual Property

  • August 15, 2019

    HTC Unit Dodges Subpoenas In Texas Patent Suit

    HTC America Inc. doesn’t have to respond to two subpoenas tied to patent litigation its Taiwanese parent is facing in Texas, a Washington federal judge has ruled.

  • August 15, 2019

    PTAB To Review Tissue Graft Patent After LifeNet $35M Win

    The Patent Trial and Appeal Board has agreed to review a patent on soft tissue graft technology that previously netted LifeNet Health nearly $35 million in an infringement case, finding that a surgical implant company had shown parts of the patent are likely invalid.

  • August 15, 2019

    Car Collectors Keep Long-Defunct Auto Brand's Trademark

    The Trademark Trial and Appeal Board is refusing to let a California company register the long-defunct automobile brand “Pierce-Arrow” as a trademark for a new line of cars, siding with a group of collectors who now control the name.

  • August 15, 2019

    PTAB Says 2nd IPR Targeting Brake Patent Not Improper

    Saying it saw no evidence of "gamesmanship," the Patent Trial and Appeal Board agreed this week to institute Curt Manufacturing LLP's petition for inter partes review of a brake controller patent that the board had previously declined to review.

  • August 15, 2019

    China Vows To Counter Planned US Tariff On $300B Of Goods

    China pledged Thursday to strike back against the White House's plan to impose a new 10% tariff on roughly $300 billion worth of Chinese goods, saying the duties violate an agreement between President Donald Trump and Chinese President Xi Jinping.

  • August 15, 2019

    Fed. Circ. Agrees Pool Pump Patent Application Is Obvious

    The U.S. Patent and Trademark Office was right to reject claims from a pool pump patent application as obvious, the Federal Circuit has ruled.

  • August 15, 2019

    Full Fed. Circ. Told Ford Design Patent Ruling 'Unworkable'

    Calling the Federal Circuit’s test “improper and unworkable,” the Automotive Body Parts Association asked the full court to reconsider a ruling from last month that upheld Ford’s design patents for headlamps and hoods on its F-150 pickup trucks.

  • August 14, 2019

    Zumba Slams JC Penney's 'From A To Zumba' Ads In TM Suit

    J.C. Penney Corp. Inc. has been marketing athletic apparel using the slogan "From A To Zumba," complete with an "identical reproduction of the Zumba trademark," without the popular fitness company's permission, according to a suit filed in Florida federal court Wednesday.

  • August 14, 2019

    Teva, AbbVie Face Certified Class Over Niaspan Pay-For-Delay

    A group of direct buyers of the cholesterol drug Niaspan scored a victory on Wednesday when a Pennsylvania federal judge approved their bid to move forward as a class with a pay-for-delay antitrust suit against Teva Pharmaceuticals Industries Ltd. and AbbVie Inc.

  • August 14, 2019

    Costco Slams Tiffany's Knockoff Ring Argument At 2nd Circ.

    Costco Wholesale Corp. told the Second Circuit on Wednesday that Tiffany & Co.'s brief asking the court to affirm its $25 million trademark and counterfeit victory over diamond engagement rings sounds like a closing argument to a jury, not the defense of an "improperly" resolved summary judgment finding.

  • August 14, 2019

    Ex-Members Of Metal Band M.O.D. Can't Use Logo, Label Says

    Influential heavy metal record label Megaforce Records Inc. slammed two former Methods of Destruction members with a trademark lawsuit Wednesday seeking to block their bid to use the band’s logo for music sales, saying they left the act way before its decadeslong ascent to fame in the hardcore scene.

  • August 14, 2019

    'Manscaper' Too Generic For IP Protection, Clipper Co. Says

    Male grooming product maker Manscaped LLC urged an Illinois federal judge Wednesday to toss a lawsuit attacking its name and tagline, arguing the trademarked term “manscaper” asserted by its rival is too generic or descriptive to be protected.

  • August 14, 2019

    Fed. Circ. Walks Back ITC Trademark Preclusion Ruling

    The Federal Circuit on Wednesday took back its circuit-splitting decision that trademark rulings from the International Trade Commission preclude district court litigation over the same issue.

  • August 14, 2019

    Gilstrap Changes Playing Field With Patent Eligibility Rule

    Companies being sued for patent infringement in the Eastern District of Texas that plan to argue a patent is invalid as covering an abstract idea will need to have their facts together right out of the gate, thanks to a first-of-its-kind rule that attorneys say appears designed to streamline cases.

  • August 14, 2019

    DOD's 3D Printing Push Leaves Legal Questions Open

    The U.S. Department of Defense's increased use of 3D printing presents a range of complicated legal questions in need of resolution, such as product liability issues and accounting for related data rights in defense contract negotiations.

  • August 14, 2019

    Quinn Emanuel Nabs Shearman Arbitration Partner In NYC

    Quinn Emanuel Urquhart & Sullivan LLP has gained a former Shearman & Sterling LLP international arbitration partner who has two decades of experience representing both companies and states in commercial and investment-treaty arbitration proceedings, the firm said Wednesday.

  • August 14, 2019

    Fed. Circ. Backs Sanofi In Prostate Cancer Drug Patent Fight

    The Federal Circuit on Wednesday ruled that a district judge lacked authority to invalidate claims of a patent on Sanofi's prostate cancer drug Jevtana that the company had disclaimed, and that a host of generics makers failed to prove a second patent on the drug is invalid.

  • August 14, 2019

    Copyright Cavalry Supports Pirate Ship Photog At High Court

    A slew of high-profile groups have jumped into a U.S. Supreme Court case over whether copyright owners can sue state governments for infringement, arguing that Congress had the right to override sovereign immunity and that states need to be held accountable.

  • August 14, 2019

    Invisalign Investors Fight Bid To Ax Suit Over Expiring Patents

    Align Technology Inc. investors fought to keep their proposed class action alive Tuesday, arguing they provided specific evidence showing the company, which is the maker of Invisalign teeth straighteners, knowingly misled them about increasing competition ahead of its patents expiring.

  • August 14, 2019

    Can Ohio State Register The Word 'The' As A Trademark?

    After years of emphasizing that it is "The" Ohio State University, the college sports powerhouse is trying to register the word "The" as a trademark, an effort that isn't as weird as it sounds but could still face a number of legal hurdles.

  • August 13, 2019

    DuPont Espionage Charges Can't Stick, Chinese Co. Says

    A state-owned Chinese steel company urged a California federal judge Tuesday to toss a criminal indictment alleging the business stole manufacturing trade secrets from DuPont Co., arguing that it is immune from the charges under the Foreign Sovereign Immunities Act.

  • August 13, 2019

    Guns 'N' Rosé Ale Trademark Suit Headed To Settlement City

    Guns N' Roses is settling a trademark lawsuit the band filed against Oskar Blues Brewery over its Guns 'N' Rosé Ale, according to California federal court filings.

  • August 13, 2019

    PTAB Upholds Kohler Shower Bar Patent In Moen Dispute

    The Patent Trial and Appeal Board on Monday upheld a Kohler Co. patent covering a shower system that is at the center of the company’s infringement fight with Moen, a rival maker of bathroom fixtures.

  • August 13, 2019

    Eli Lilly Unit Sues Alzheimer's Institute For IP 'Conspiracy'

    Avid Radiopharmaceuticals has sued the Alzheimer's Institute of America Inc. in Pennsylvania federal court for maliciously litigating a bogus infringement case against the Eli Lilly unit after a federal judge ruled that the institute obtained patents asserted against Avid and others through a conspiracy predicated on greed.

  • August 13, 2019

    Peloton Gets Flywheel Sanctioned Over Deposition Delay

    Peloton won about $10,000 in sanctions in a patent infringement suit on Tuesday, after a Texas federal judge agreed the cycling company should recoup expenses from a trip its attorneys took from Los Angeles to New York for a deposition that was canceled 85 minutes before it was set to begin.

Expert Analysis

  • Key Design Patent Takeaways From Fed. Circ.’s Ford Decision

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    The Federal Circuit's recent decision in Automotive Body Parts Association v. Ford, declining to fashion design patent-specific doctrines of exhaustion or repair, notably widens the gap between design patents and trade dress rights and reaffirms that design and utility patents should receive analogous treatment, say Devon Beane and Jacob Vannette of K&L Gates.

  • Unprecedented Agency Divergence On Antitrust Enforcement

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    Recent clashes between the Federal Trade Commission and the U.S. Department of Justice — in the Qualcomm antitrust case, for example — raise serious questions of fairness, efficiency and good government, says Gregory Luib of Dechert.

  • A Novel Theory Of Implied Copyright License In Paparazzi Pics

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    The recently dismissed copyright lawsuit between supermodel Gigi Hadid and Xclusive-Lee Inc. affords an opportunity to consider the creation of a limited, implied-in-law copyright license for social media use of paparazzi photos by the celebrity subjects of those photos, says Annemarie Bridy of the University of Idaho College of Law.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.

  • A Chance To Clarify Medical Device Patent Indefiniteness

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    Nevro v. Boston Scientific, currently before the Federal Circuit, should provide more elucidation about an issue on which lower courts have differed — whether claims incorporating patient perception in neuromodulation medical devices are indefinite under Section 112 of the Patent Act, say Joe Bird and Sarah Daley of Maynard Cooper.

  • 5 Important Points From Latest Altera Cost-Sharing Opinion

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    The Ninth Circuit addressed several significant questions in its June opinion in Altera v. Commissioner, which should not be overlooked as taxpayers and practitioners await a decision on Altera's July 22 rehearing request, say attorneys at Alston & Bird.

  • How To Get The Most Out Of An Expert Witness

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    Controversial witness testimony in Hunter v. Purdue Pharma is a good reminder that enlisting the right expert witness requires nuanced considerations of their credentials, presentability and pedigree, as well as ongoing attention to the relationship throughout the litigation, says David Solomon of GLG Law.

  • Fed. Circ. Design Patent Case Can Guide Medical Device Cos.

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    The Federal Circuit's recent decision in Automotive Body Parts Association v. Ford should prove useful for medical device manufacturers — for whom the ability to protect disposable replacement parts or components is critical — regarding design patent functionality and exhaustion, say Nicholas Anderson and Victor Jonas of FaegreBD.

  • Acclimating To PTAB’s Increasing Denial Of Serial Petitions

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    The Patent Trial and Appeal Board’s July 2019 Trial Practice Guide update, along with recent board decisions, reveals its increasing use of discretion to deny serial petitions. Petitioners should consider preemptively distinguishing their facts from cases in which the board invoked Section 314(a) to deny institution, says Cason Cole of Baker Botts.

  • Debunking 3 Myths About Contract Attorneys

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    Although contract attorneys represent a quality source of legal work, inaccurate assumptions cause many legal departments and law firms to hesitate when considering them, say Matthew Weaver and Shannon Murphy of Major Lindsey.

  • How Pending High Court Case Could Affect PTAB Time Bar

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    The U.S. Supreme Court's upcoming decision in Dex Media v. Click-to-Call Technologies will answer whether Section 315(b) time-bar questions are appealable from the Patent Trial and Appeal Board. Two important factors suggest that the Supreme Court will for a second time reverse the Federal Circuit in this case, say Edwin Getz and Brianna Forbes Silverstein of Drinker Biddle.

  • Takeaways From Enforcement Trends In Cannabis Advertising

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    The U.S. Food and Drug Administration’s recent enforcement action against Curaleaf exemplifies companies' need for awareness when advertising cannabis products. Particular attention should be paid to the FDA’s heightened focus on drug claims and marketing of CBD products as dietary supplements, say Nicole Phillis and Maryam Casbarro at Davis Wright.

  • The Unique Challenges Of Owning International Cannabis IP

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    Due to the cost of prosecuting patents and the uncertainty in obtaining and enforcing cannabis patents in foreign jurisdictions, building a global cannabis patent portfolio presents complex strategic questions, says Jayashree Mitra of Zuber Lawler.

  • 8 Common Challenges To Trademark Royalty Deductions

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    Despite U.S. and international guidance that companies should pay for the use of valuable intangibles, tax authorities routinely challenge deductions taken by local affiliates for trademark royalties and taxpapers should be prepared with counterattacks, say tax practitioners at KPMG.

  • Opinion

    FTC's Antitrust Win Against Qualcomm Should Not Stand

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    The Ninth Circuit should overturn U.S. District Judge Lucy Koh's decision in Federal Trade Commission v. Qualcomm, which fails to understand innovation and licensing in the mobile wireless industry, and will harm the American economy without benefiting consumers, says David Teece of the University of California, Berkeley.

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