Intellectual Property

  • September 22, 2021

    Court Says Travelers Can't Trim Tool Co.'s Coverage Suit

    A Texas federal judge declined Wednesday to strike a toolmaker's accusations that Travelers wrongly refused to pay coverage benefits for a suit accusing the toolmaker and one of its directors of transferring more than $40 million to dodge a court judgment.

  • September 22, 2021

    Fed. Circ. Upholds Ax Of Densify's $236M Patent Verdict

    The Federal Circuit on Wednesday rejected a bid by cloud infrastructure company Densify to revive a jury's $236 million patent infringement verdict against VMware, siding with the lower court that Densify lacked standing to sue.

  • September 22, 2021

    Ruling Against AI 'Inventors' Brings Patent Law Reform Calls

    A landmark ruling that an artificial intelligence machine can't be considered an inventor highlights the potential need for changes to U.K. patent law, intellectual property lawyers said, as the British government eyes reforms to boost AI investment.

  • September 22, 2021

    YouTuber Accused By Feds Of $30M Cable TV Piracy Scheme

    Three men, including a YouTuber with nearly 800,000 subscribers, were charged in Pennsylvania federal court for allegedly masterminding a $30 million scheme to pirate cable television and other copyrighted material and resell it, according to an indictment unsealed on Tuesday.

  • September 22, 2021

    Calif. Firm Can't Claim 'Metaverse Law' TM, Rival Says

    A feud over a New York law firm's virtual office spilled into the physical realm on Wednesday when the firm sued to invalidate a rival California firm's trademark on the term "metaverse law."

  • September 22, 2021

    PTAB Nixes Raytheon Jet Engine Patent Claims In GE Fight

    In a decision on remand from the Federal Circuit, the Patent Trial and Appeal Board on Tuesday invalidated various claims in a Raytheon jet engine patent as obvious.

  • September 22, 2021

    Pharma Giants' $454M Glumetza Antitrust Deal Gets Initial OK

    U.S. District Judge William Alsup preliminarily approved $454 million in settlements Wednesday resolving direct buyers' allegations that Bausch Health Cos. Inc., Lupin Pharmaceuticals Inc. and Assertio Therapeutics Inc. plotted to delay the blockbuster diabetes drug Glumetza's generic version, but warned the parties not to make it difficult for class members to opt out.

  • September 22, 2021

    Sen. Leahy Aims To Override PTAB's Fintiv Rule In New Bill

    Vermont Sen. Patrick Leahy on Wednesday announced a bill that would abolish the Patent Trial and Appeal Board's controversial power to deny America Invents Act petitions for reasons other than the merits of the case, and would let government agencies file challenges.

  • September 22, 2021

    Clint Eastwood Nabs Another Default Win In CBD TM Suit

    A California federal court has entered default against the CEO of a Los Angeles CBD company that Clint Eastwood accused of manipulating web search results and misappropriating his name to make users think he was endorsing its products.

  • September 22, 2021

    Ex-USPTO Director To Help Cisco Rival Defend $2.7B Award

    Former U.S. Patent and Trademark Office Director Andrei Iancu and others at Irell & Manella LLP have been hired as co-counsel to help Centripetal Networks Inc. fend off Cisco Systems' appeal of a $2.7 billion damages award against the networking giant for infringing four Centripetal patents.

  • September 22, 2021

    11th Circ. Judge Chastises Atty For Irrelevant Appeal

    A federal appeals court judge on Wednesday scolded an attorney for a medical device maker, telling him that much of the company's appeal of a $9.2 million verdict in an asset sale fraud suit was irrelevant.

  • September 22, 2021

    Britain To Weigh IP Reforms In Bid To Lead AI Regulation

    The U.K. put potential intellectual property reforms at the core of a plan launched Wednesday to make the country a global artificial intelligence superpower and lead the way on how the technology should be regulated.

  • September 21, 2021

    Proposed Senate Patent Bills Seek Diversity, Transparency

    A pair of bipartisan bills introduced by the ranking member and chair of the Senate Intellectual Property Subcommittee Tuesday aim to increase diversity among patent owners and require transparency concerning patent ownership.

  • September 21, 2021

    Elysium Gets Dartmouth Vitamin B3 Patents Axed Under Alice

    Dietary supplement outfit Elysium Health scored a win when a Delaware federal judge ruled Tuesday that two Dartmouth College patents on vitamin B3 the company is accused of infringing are directed to a natural product and therefore invalid under the U.S. Supreme Court's Alice decision. 

  • September 21, 2021

    Low Payout On Napster Deal Sinks Most Of $6.1M Fee Bid

    A federal magistrate judge on Monday recommended awarding Michelman & Robinson LLP far less than the $6.1 million in attorney fees it had sought for helping songwriters reach a settlement in their royalties case against Napster, citing the "jaw-dropping disparity" between the amount the firm claimed it recovered and the amount Napster paid out.

  • September 21, 2021

    VirnetX Wants Next USPTO Chief To Eye Apple PTAB Rulings

    VirnetX Inc. on Monday requested a rehearing by the U.S. Patent and Trademark Office director of inter partes review decisions invalidating network security patents involved in its $576 million verdict against Apple, but said the review must wait until the office has a permanent leader.

  • September 21, 2021

    Amazon Beats Inventor's Internet Of Things Patent Suit

    An Arizona federal judge has ruled against an inventor claiming that Amazon's "internet of things" interface infringed his patents on how to apply swarm intelligence to microchip processing, finding that the patents cover nothing more than abstract ideas.

  • September 21, 2021

    Software Co. To Wind Down After $62M Trade Secret Verdict

    Software developer Expedien filed for Chapter 7 bankruptcy late Monday in Texas, opting to wind down its business in the wake of a $62 million judgment against it and another company for conspiring to steal the trade secrets of apartment rental software company ResMan LLC.

  • September 21, 2021

    Sorare Raises $680M For Fantasy Soccer And NFT Platform

    Sorare, which weds fantasy soccer with nonfungible token collectibles, said Tuesday it had raised a whopping $680 million in a Series B financing led by SoftBank that the company said will fuel its ambitions to create a "sports entertainment giant."

  • September 21, 2021

    NYC Sues 'New York Cannabis' Brand For Using City Logos

    The city of New York is suing a Manhattan man for launching an apparel brand called "NYC New York Cannabis," accusing him of creating marijuana-spliced versions of famous city logos such as the Parks and Recreation leaf.

  • September 21, 2021

    Fed. Circ. Lets Attys Argue Remotely Due To COVID Fears

    The Federal Circuit on Tuesday granted motions by attorneys in California and Arizona to appear remotely for October hearings in light of concerns over the ongoing COVID-19 pandemic.

  • September 21, 2021

    3rd Circ. Vexed By Insurer's Stance In IP Suit Coverage Row

    A Third Circuit panel on Tuesday challenged an insurer's argument that a policyholder isn't owed coverage for a false advertising complaint, questioning how the marketing language at issue in the underlying lawsuit wasn't targeting the suing competitor.

  • September 21, 2021

    AI Can't Be Patent Inventor In UK, Appeals Court Rules

    An appeals court ruled Tuesday that an artificial intelligence machine cannot be listed as an inventor on a patent application, saying only a "person or persons" are allowed under British law, in a landmark judgment in a worldwide battle over the technology.

  • September 21, 2021

    Apple Must Face 'Austin Powers' Copyright Suit, Judge Says

    A Manhattan federal judge is refusing to let Apple Inc. make an early escape from a copyright lawsuit filed by a German man who says he's the owner of the film "Austin Powers: International Man of Mystery."

  • September 20, 2021

    Sandoz Infringed Amgen's Psoriasis Drug Patents, Court Says

    A New Jersey federal judge on Monday found that Sandoz and Zydus Pharmaceuticals infringed several of Amgen's patents for its blockbuster plaque psoriasis medication Otezla, entering judgment in favor of Amgen on a trio of patents.

Expert Analysis

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Patent Owner Estoppel Isn't As Threatening As It Seems

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    Many patent owners involved in post-grant proceedings worry about the adverse effect patent owner estoppel would have on a continuing application, but they should reconsider in light of res judicata and collateral estoppel, and use guidance from recent case law in selecting different types of continuing applications, say Miyoung Shin and George Patsarikas at Burris Law.

  • What Patent Applications Signal About Green Energy Trends

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    Steadily increasing patent activity related to clean energy technologies suggests that the proportion of energy derived from green sources will also continue to grow — but smaller companies could be locked out of the patent race, even as sustainability becomes an inescapable business imperative, says Greg Sharp at Haseltine Lake.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Fed. Circ. Teva Ruling May Shake Up Skinny Label Strategies

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    The Federal Circuit's recent revival of a verdict against Teva for inducing patent infringement of GlaxoSmithKline's drug Coreg, even though the generic was launched with a skinny label carving out the infringing method, appears likely to change how manufacturers think about approaches to skinny labels, say attorneys at Cooley.

  • USPTO Request Shows Need For Patent Eligibility Reform

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    The U.S. Patent and Trademark Office's recent request for public comments on federal courts' evolving patent-eligibility theories highlights the need for Congress and the courts to develop a system that produces more predictable outcomes for patent applications involving allegedly abstract ideas, says William Morriss at IP Toolworks and Frost Brown.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • Prepare For Global Tax Regime's New Biz Dispute Risks

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    Companies should take steps to mitigate the business dispute risks of the new international tax framework, which over a hundred countries agreed to in July, as implementing the new regime will be expensive and require substantial organizational restructuring efforts, says Tim McCarthy at Dykema.

  • High Court TransUnion Ruling May Enhance PTAB Autonomy

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    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez, raising the bar on requirements for Article III standing, may bolster the Patent Trial and Appeal Board's autonomy because courts can now hold that denial of inter partes review does not constitute a concrete injury, says Gwendolyn Tawresey at Troutman Pepper.

  • US Franchisers Face New Compliance Hurdles In Australia

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    Recent changes to disclosure, dispute resolution and documentation processes in Australia’s franchising code require U.S. franchisers doing business Down Under to amend procedures that were already more restrictive than Federal Trade Commission directives, say Iain Irvine at Vardon Legal and Robert Smith at Akerman.

  • Opinion

    DOJ Should Withdraw Improper Intervention In SEP Cases

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    The U.S. Department of Justice should revoke the Trump administration's statements of interest — which advocate against applying competition law in pending disputes concerning standard-essential patents licensed on fair, reasonable and nondiscriminatory terms — because they are an abuse of process and inconsistent with historical practice, say Jay Jurata and Emily Luken at Orrick.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • What Employers Should Note In Illinois' New Noncompete Law

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    Illinois’ law that imposes new rules governing the use of restrictive covenants will go into effect early next year, so companies should review their noncompete and nonsolicit practices in accordance with the statute’s income thresholds, COVID-19 provisions, advance notice requirements and more, says Kevin Passerini at Blank Rome.

  • What China's Patent Linkage System Means For US Drug Cos.

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    A Chinese drug patent linkage system that is comparable to the U.S. Hatch-Waxman Act now allows innovator companies to bring an infringement claim before a generic launch, introducing opportunities and challenges for U.S. companies interested in the Chinese market, say attorneys at Covington.

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