Intellectual Property

  • August 13, 2020

    FTC Says Shkreli's Prison Calls With Attorneys Not Privileged

    Martin Shkreli's phone calls with lawyers over prison-monitored lines do not fall under attorney-client privilege because he knew authorities could listen in, the Federal Trade Commission told a New York federal judge presiding over his civil antitrust case Wednesday.

  • August 13, 2020

    McDermott Nabs Pair Of IP Pros From Polsinelli

    McDermott Will & Emery LLP has beefed up its Boston presence by adding a pair of former Polsinelli PC attorneys in an effort to boost its intellectual property expertise in the health and life sciences arenas.

  • August 13, 2020

    Kilpatrick Lures Texas Patent Pro From Vinson & Elkins

    Kilpatrick Townsend & Stockton LLP has added a former Vinson & Elkins LLP partner with more than 30 years' experience in Texas intellectual property litigation to its IP department's mechanical and medical device team in Houston.

  • August 12, 2020

    UMB Bank Says Revlon Stole Collateral Tied To $1.8B Loan

    UMB Bank hit Revlon with a lawsuit in New York federal court Wednesday accusing the company of unlawfully shifting its collateral trademarks away from a group of creditors that extended nearly $1.8 billion to the cosmetics giant.

  • August 12, 2020

    GoPro Seeks To Block Pre-Suit Damages In Video Patent Row

    GoPro Inc. urged a California federal judge during a video hearing Wednesday to preclude pre-suit damages in a long-running patent infringement suit brought by Contour IP Holding LLC over video camera technology, while Contour asked the judge to find willful infringement.

  • August 12, 2020

    Judge 'Having Trouble' To Rule On Papst Camera Patent MDL

    Nikon Corp., Canon Inc. and other digital camera manufacturers in a long-running multidistrict patent infringement suit appeared to have hit a stumbling block Wednesday after a D.C. federal judge cast strong doubts on their request for an order finding that the Patent Trial and Appeal Board had previously invalidated similar claims asserted in the case.

  • August 12, 2020

    Pfizer Gets PTAB To Wipe Out Rest Of Sanofi's Lantus Patent

    The Patent Trial and Appeal Board has nixed the two claims left standing in a Sanofi-Aventis patent covering the Lantus SoloStar disposable insulin injection pen after finding back in April in a separate challenge that another claim in the patent was invalid.

  • August 12, 2020

    Nestle Hit With IP Suit Over Doc's Swallowing Test

    A California doctor has hit Nestle with a copyright and trademark lawsuit accusing the food and drink giant of wrongly using his questionnaire meant to diagnose swallowing difficulty to market two products aimed at customers with swallowing disorders.

  • August 12, 2020

    Taylor Swift Again Aims To Shake Off Lyrics Copyright Suit

    A little under a year after the Ninth Circuit revived a lawsuit accusing Taylor Swift of ripping off lyrics for "Shake It Off," the pop star is once again asking a federal judge to boot the case.

  • August 12, 2020

    Spotify, Amazon Win Redo Over Hiked Streaming Royalties

    The D.C. Circuit said on Tuesday that the Copyright Royalty Board made procedural errors that "blindsided" Spotify and other streaming platforms, unsealing an Aug. 7 decision and explaining why it had overturned a ruling that ordered the services to pay substantially more to songwriters.

  • August 12, 2020

    'Mother Clucker' Of A Trademark Suit Filed By Mo. Chicken Co.

    A Missouri company operating two hot-chicken restaurants has sued a Denver food delivery outlet in Oklahoma federal court, accusing it of infringing its "Mother Cluckers" trademark and causing customer complaints.

  • August 12, 2020

    Gibson Dunn Taps Haynes and Boone Vet For IP Partner Post

    Gibson Dunn & Crutcher LLP has announced that it has added a new partner in the firm's Orange County office, hiring an intellectual property specialist who built substantial experience trying important cases during a decadelong stint as a partner at Haynes and Boone LLP.

  • August 12, 2020

    PTAB Says On Second Thought, It Will Review Sex Toy IP

    For the second time in two months, the Patent Trial and Appeal Board has issued a rare reversal after declining to institute inter partes review of a Novoluto GmbH female sex toy patent, saying review is now warranted because the board initially overlooked evidence.

  • August 12, 2020

    Zeppelin Accusers Ask Supreme Court To Tackle 'Stairway'

    A long-running copyright battle over Led Zeppelin's "Stairway To Heaven" has reached the steps of the U.S. Supreme Court, with a petition warning the justices that the case has been a "disaster" for artists and a "gift" to record companies.

  • August 12, 2020

    BGI Genomics Can Develop DNA Tech During Patent Appeal

    Chinese genetics company BGI Genomics can continue developing its DNA sequencing products as it appeals the scope of a preliminary injunction that gave Illumina total control of the U.S. market for the technology, a California federal judge has ruled.

  • August 12, 2020

    Instagram 'Reels' Facing Trademark Suit From Reelz Network

    The company that owns the Reelz cable network is accusing Facebook Inc.'s Instagram of trademark infringement over the name of its new "Reels" feature that's designed to compete with TikTok.

  • August 11, 2020

    Iancu Urges No Arthrex Remand In PTAB Fee Model Case

    U.S. Patent and Trademark Office Director Andrei Iancu urged the Federal Circuit Monday to hold off on any Arthrex-based remand in a case alleging that the PTAB's fee model improperly encourages judges to institute America Invents Act reviews, saying judges should wait until the U.S. Supreme Court decides whether to review Arthrex.

  • August 11, 2020

    Tesla Wants Ex-Worker Sanctioned For Tweeting Inside Info

    Tesla on Monday urged a Nevada federal court to sanction a former employee accused of stealing and leaking confidential information, claiming in an emergency motion that he has now shared his case file containing thousands of confidential documents on Twitter and posted "rambling YouTube videos mocking his own lawyers."

  • August 11, 2020

    VidAngel Wants 9th Circ. To Erase Movie Studios' $62M IP Win

    Movie-sanitizing service VidAngel has asked the Ninth Circuit to erase a $62 million verdict against it in a copyright-infringement suit brought by major Hollywood movie studios such as Disney and Warner Bros., saying there were errors at trial.

  • August 11, 2020

    Drink Co. Keeps It Short And Sweet At Hearing Over Tea IP

    Alabama beverage company Red Diamond Inc. kept its arguments short Tuesday, telling the Patent Trial and Appeal Board during a post-grant review hearing that its papers challenging a rival's amended claims in a patent for making sweet tea "speak for themselves."

  • August 11, 2020

    Fed. Circ. Urged To Undo Amgen's Win Over Cancer Drug IP

    An Indian drugmaker is asking the Federal Circuit to overturn a lower court decision upholding Amgen's patents for its anti-cancer drug Kyprolis, saying the ruling improperly "converts" a narrow claim to block it from using even noninfringing formulations for its planned generic.

  • August 11, 2020

    Fed. Circ. Asks Amazon, Customers To Answer Rehearing Bid

    The Federal Circuit on Tuesday asked Amazon and customers including BuzzFeed and Dictionary.com to respond to allegations that a June panel ruling in their favor was a "radical reconfiguration" of preclusion law.

  • August 11, 2020

    Mylan Asks Fed. Circ. To Undo PTAB Loss In Tecfidera Fight

    Mylan Pharmaceuticals Inc. is urging the Federal Circuit to revive its challenge of a Biogen patent covering the blockbuster multiple sclerosis drug Tecfidera, saying that the Patent Trial and Appeal Board took a "shortcut" in analyzing the patent.

  • August 11, 2020

    'Questionable' Advice Lets Oxygen Mask Co. Dodge Contempt

    A Minnesota federal judge refused to hold an oxygen canister mask maker in contempt of a deal it inked requiring it not to infringe on a rival's patent and trade dress, saying the deal was struck based on "questionable" legal advice.

  • August 11, 2020

    Apple Gets Uniloc Data Communication IP Wiped Out At PTAB

    The Patent Trial and Appeal Board has invalidated all 20 claims in a Uniloc data transfer patent challenged by Apple Inc., finding that Uniloc was unable to counter the iPhone maker's arguments that the claims are obvious in light of existing technology.

Expert Analysis

  • CFAA Decision May Raise Bar On Scraping Liability

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    A D.C. federal court recently held in Sandvig v. Barr that the Computer Fraud and Abuse Act does not prohibit scraping publicly accessible portions of a website, even when doing so violates the website's terms of service, which is similar to the Ninth Circuit's 2019 hiQ v. LinkedIn decision and may influence scraping law in the coming years, say attorneys at ​​​​Perkins Coie.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • What You Missed At PTAB: Contours Of IPR Institution Denial

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    Recent Patent Trial and Appeal Board decisions illustrate the factual circumstances that the board finds compelling when exercising its discretion to deny institution of inter partes review based on copending district court litigation, with practical takeaways for petitioners and patent owners, say Andrew Holtman and Melissa Gibson at Akin Gump.

  • Opinion

    High Court Should Review Arthrex Case

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    Because the Federal Circuit, in ruling that administrative patent judges are improperly appointed, failed to give due weight to the directorial powers superior officers have over APJs, the U.S. Supreme Court should grant the government's petition for certiorari in U.S. v. Arthrex, say attorneys at Amster Rothstein.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Opinion

    How Biologics Cos. Disparage Biosimilars And How To Stop It

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    Biologic manufacturers' attempts to cast doubt on the safety and efficacy of biosimilar products are deceptive and potentially anti-competitive, and the government should take action to help consumers afford life-saving medicines, says Michael Carrier at Rutgers Law School.

  • Regulatory Concerns For US Cos.' Offshore Service Centers

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    As more U.S. companies open and use offshore service-delivery centers amid the pandemic, assessment of important tax, intellectual property, cybersecurity and employment considerations can help mitigate regulatory risk and maximize the company's return on investment, says Sonia Baldia at Baker McKenzie.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • How Federal Patent Tutorial Video Influences Jurors

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    The Federal Judicial Center's patent tutorial video is intended to provide unbiased explanation to jurors, but the recent research of Alexis Knutson and ​Jeffrey Jarman at Tsongas Litigation Consulting reveals that the video influences the perception of the patent process in subtle but meaningful ways.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Mitigating Joint Infringement Liability After Del. Patent Ruling

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    The recent Delaware federal court ruling in Midwest Energy Emissions v. Vistra Energy demonstrates that carefully structuring enterprise agreements to avoid satisfying the joint-enterprise patent infringement theory's equal-right requirement can help potential infringers avoid liability, says Alex Englehart at Oblon McClelland.

  • Armed Vehicle Ruling Offers IP Lessons For Gov't Contractors

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    The recent Court of Federal Claims decision in Ideal Innovations v. U.S., a long-running infringement case over armored vehicle technology, has lessons for nontraditional government contractors on the intellectual property risks of contracting with the U.S. government, say Nathaniel Castellano and Kristen Riemenschneider at Arnold & Porter.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Hemp Cos. Should Narrow Filings After TTAB's Stanley Ruling

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    Following the Trademark Trial and Appeal Board's recent rejection of Stanley Brothers' application for hemp oil drops sold as food supplements, companies should keep their CBD product trademark applications strategically specific, say Adam Fox and Joseph Grasser at Squire Patton.

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