Intellectual Property

  • September 17, 2020

    PTAB Says Inability To Pay Legal Fees No Reason To Deny IPR

    The Patent Trial and Appeal Board has agreed to review Dareltech LLC's "selfie stick" patent, rejecting the company's argument that since it can't afford to pay for counsel, Microsoft's inter partes review challenge should be denied.

  • September 17, 2020

    Rimon Picks Up Int'l Arbitration Pro From Akin Gump

    Rimon PC announced that an international arbitration partner has joined the firm's Washington, D.C., office from Akin Gump Strauss Hauer & Feld LLP.

  • September 17, 2020

    Amazon Can't Silence Suit Over Voice Software Patents

    Amazon can't escape a patent lawsuit over its Echo and Alexa products after a Delaware federal judge found that claims in Voicebox's voice software patents it's being sued over were not invalid for covering an abstract idea.

  • September 17, 2020

    Mobile Game Biz Wants $24.6M In 'Clash Of Clans' Patent Trial

    The company behind the wildly popular "Clash of Clans" mobile game should pay up to $24.6 million for past infringements on five patents held by its foe, Japanese game maker Gree Inc., Gree told a Texas federal jury Thursday.

  • September 17, 2020

    Netflix Says 'Tiger King' TM Claims Are Barred By Free Speech

    Netflix is asking a California federal judge to toss out trademark infringement accusations filed by a magazine that claims it coined the name "Tiger King" when it profiled zookeeper Joe Exotic, saying they are clearly barred by the First Amendment.

  • September 17, 2020

    Copyright Fight Over Leaked Nicki Minaj Song Headed To Trial

    A California federal judge ruled Wednesday that rapper Nicki Minaj was protected by copyright's fair use doctrine when she privately "experimented" with sampling a song by Tracy Chapman, but left it undecided whether she was legally responsible for the track getting leaked to a radio station.

  • September 17, 2020

    Soccer Superstar Wins 'Messi' Match To Score EU Trademark

    Soccer sensation Lionel Messi scored an intellectual property win on Thursday as Europe's top court held that the Barcelona team captain's international notoriety would distinguish his namesake logo from another EU trademark used by the Spanish cycle and sportswear company Massi.

  • September 16, 2020

    New Apple, Intel Patent Complaint Even Worse, Fortress Says

    Apple and Intel's new complaint alleging that Fortress Investment Group LLC is orchestrating an anti-competitive patent aggregation scheme has even more flaws than the previous iteration that was dismissed in July, the investment management firm argued in a California federal court dismissal bid Tuesday.

  • September 16, 2020

    Natera Fights Illumina's Bid To Invalidate DNA Testing Patent

    Natera Inc. pushed back Wednesday against Illumina Inc.'s assertions that Natera's patent covering fetal DNA testing technology for detecting Down syndrome was invalid in light of the prior art, contending that Illumina raised an argument during the remote hearing before the Patent Trial and Appeal Board that wasn't in its petition.

  • September 16, 2020

    Gilstrap Kicks Google Trial To Nov. After Virus Delay Bid

    U.S. District Judge Rodney Gilstrap has delayed to Nov. 2 a patent trial against Google LLC scheduled for Oct. 1, declining the search giant's pandemic-focused bid to delay the proceedings two extra months, according to a notice in an associated Federal Circuit appeal Wednesday.

  • September 16, 2020

    SDNY Judge Says She's 'DONE' With Serenity, Ferring IP Case

    Manhattan's top federal judge on Wednesday rejected a request by Serenity Pharmaceuticals to amend a recent judgment in a patent case that went in favor of rival drugmaker Ferring Pharmaceuticals, with the seemingly exasperated judge saying she is "DONE" with the case.

  • September 16, 2020

    USPTO Defers Fees On COVID-19 Provisional Applications

    The U.S. Patent and Trademark Office said Wednesday that inventors attempting to obtain patents for products to fight COVID-19 will be able to put off having to fork over certain application fees under a new agency program. 

  • September 16, 2020

    W.Va. Ax Of Biogen MS Drug Patent Binds Del. Litigation

    A Delaware federal judge on Wednesday said she's bound by a June decision from West Virginia invalidating a patent covering Biogen's blockbuster multiple sclerosis drug Tecfidera, even though she presided over a trial on the patent's validity in December.

  • September 16, 2020

    CBD Co. Can't Avoid Stock-Drop Suit, Shareholder Says

    A shareholder behind a derivative suit against executives of CBD company CV Sciences has urged a California federal judge to keep the suit alive, pointing to another judge's ruling allowing a nearly identical case to go forward.

  • September 16, 2020

    Trend Micro Loses Bid to Nix Rival's Computer Security Patent

    The Patent Trial and Appeal Board has upheld 11 claims in a CUPP Computing AS computer security patent challenged by Japanese cybersecurity company Trend Micro Inc., finding that the petitioner failed to show they were invalid as obvious in light of existing inventions.

  • September 16, 2020

    Calif. Co. Accuses Canadian Rival Of Infringing Solar Cell Tech

    A California energy company has asked the U.S. International Trade Commission to launch an investigation into solar cell imports, alleging that a Canadian competitor is copying its manufacturing process for shingled solar cells.

  • September 16, 2020

    Renamed Country Band 'Lady A' Hit With Fresh TM Suit

    A longtime blues singer fired back Tuesday against a lawsuit launched by the popular country band formerly known as Lady Antebellum over the "Lady A" moniker, slapping them with a countersuit in Washington federal court that claims the trio has "usurped" her name and caused her to lose business.

  • September 16, 2020

    DOJ Says 9th Circ. Qualcomm Ruling May Hurt Class Cert.

    The U.S. Department of Justice has told the Ninth Circuit that a recent ruling reversing the Federal Trade Commission's win against Qualcomm Inc. could help the chipmaker's bid to upend a massive class of consumers suing over its licensing practices.

  • September 16, 2020

    Fighting Fires In Top Hats: Images From Patents Of The Past

    The National Archives last month made nearly 2,000 patents from the 18th and 19th centuries available online, featuring stunning landscapes, otherworldly diving gear, countless horses and a fire brigade dressed to the nines.

  • September 16, 2020

    Senate IP Chair Floats Patent Transparency Program To Iancu

    The chair of the Senate Judiciary Committee's Subcommittee on Intellectual Property has asked the U.S. Patent and Trademark Office to launch a pilot program that rewards patent owners and applicants for disclosing accurate scientific data and assignment information.

  • September 16, 2020

    Federal Reserve Banks Can't Challenge Patents, Justices Told

    The U.S. Supreme Court has been asked to review whether Federal Reserve banks are distinct enough from government entities such that they can challenge patents at the Patent Trial and Appeal Board.

  • September 16, 2020

    Edison Loses Bid To Expand EU Trademarks To Electricity

    The European Union's top court rejected Edison SpA's appeal Wednesday seeking to add "electricity" to goods covered by one of its EU trademarks, saying that when the company applied for its trademarked name, electrical energy didn't fall into the same category as motor fuel.

  • September 15, 2020

    Fed. Circ. Says Recycling Patent Properly Axed As Indefinite

    The Federal Circuit ruled Tuesday that a federal judge correctly found that IQASR LLC's patent for sorting materials from shredded old cars is invalid as indefinite, finding that one technicality of the process amounted to a "word salad."

  • September 15, 2020

    Full Fed. Circ. Won't Look At Toss Of $110M Ericsson Win

    The full Federal Circuit won't review a panel's decision that invalidated Ericsson's computer security patent under Alice and wiped out a $110 million judgment it won against smartphone maker TCL.

  • September 15, 2020

    Inventors Want In On Tech Cos.' Challenge Over PTAB Denials

    U.S. Inventor and other inventor groups have asked to step into a lawsuit that Google, Apple and other tech giants have brought over the Patent Trial and Appeal Board's practice of denying review when a trial is looming in district court.

Expert Analysis

  • Opinion

    USPTO Abuse Of Discretionary IPR Denials Must Be Cabined

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    The U.S. Patent and Trademark Office has exceeded its congressional mandate by considering its discretion to deny inter partes reviews absolute, but recent lawsuits by tech companies asking courts to limit agency discretion hold promise, says David Jones at the High Tech Inventors Alliance.

  • ITC Ruling Is Groundbreaking For IPRs In Investigations

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    The U.S. International Trade Commission's first-ever full suspension of remedial orders pending appeal of inter partes reviews in its recent Certain Unmanned Aerial Vehicles decision has important strategic implications for respondents considering whether and when to seek Patent Trial and Appeal Board review, say attorneys at MoFo.

  • Bid Protest Spotlight: Conflicts, Timeliness, USPTO Rules

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    In this month's bid protest roundup, Locke Bell at MoFo looks at three recent Government Accountability Office decisions considering potential organizational conflicts of interest in the government’s acquisition process, the timeliness of a sole-source award protest, and the exclusion of parties as potential bidders under the U.S. Patent and Trademark Office’s unique rules.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • NCAA Publicity Rule Raises Labor, Antitrust, Policy Issues

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    New NCAA rules allow student-athletes to profit off their names, images and likenesses but beg several questions regarding video game licensing, the unionization of players, antitrust lawsuits and federal preemption, say Deborah Gubernick and Michelle Emeterio at Snell & Wilmer.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Pros And Cons Of State Transfer Pricing Program Participation

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    A company's decision to settle a transfer pricing dispute through a state program — such as those recently announced by North Carolina and Indiana — will turn on the quality of its documentation, its willingness to pay for certainty and the perceived level of aggressiveness of the state's revenue department, say attorneys at Eversheds Sutherland.

  • Opinion

    High Court Should Review Horizon Arthritis Drug Patent Case

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    The Federal Circuit's indefiniteness decision on claims relating to Horizon's Pennsaid arthritis drug risks damage to core patent rights and doctrine if left uncorrected, so the U.S. Supreme Court should grant certiorari in HZNP v. Actavis, say former Federal Circuit Chief Judge Paul Michel and attorney John Battaglia.

  • Famous Athlete Cases Offer Right Of Publicity Lessons

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    In light of a recent New York postmortem right of publicity bill and recording artists' backlash against unauthorized use of their music in politics, a look back at cases involving Michael Jordan, Pele and Muhammad Ali offers lessons on navigating misappropriation and the commercial speech doctrine, say Frederick Sperling and Brooke Clason Smith at Schiff Hardin.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • 5 Steps To Help Universities Manage Foreign Influence Risk

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    Amid a massive uptick in federal scrutiny of foreign influence, universities can take practical steps to protect their programs, scientists and institutional reputations from risks inherent in international research collaborations, says Robert Roach at Guidepost Solutions.

  • Patent License Considerations After Fed. Circ. Enbrel Ruling

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    Because the Federal Circuit recently extended the reach of a common ownership test for obviousness-type double patenting in the Enbrel patent suit Immunex v. Sandoz, companies must obtain sufficient dominion over in-licensed patent portfolios without inadvertently creating prior art by the agreement's terms, say attorneys at Sterne Kessler.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • UK Ruling Shows Global SEP Enforcement Dilemma

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    The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.

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