Intellectual Property

  • August 07, 2020

    Schlumberger Loses Copyright Claim In Stolen Software Suit

    A Canadian oilfield services company's hydraulics software isn't similar enough to drilling software developed by a Schlumberger unit to support a copyright infringement claim, a Texas federal judge has ruled.

  • August 07, 2020

    4 Texas Supreme Court Cases To Watch This Term

    In the Texas Supreme Court's upcoming term, the court has the chance to clarify what evidence is required for injured employees or relatives of dead employees to hold their employers liable in intentional tort suits and establish how trade secrets are treated during court proceedings. Here, Law360 takes a look at four cases attorneys are watching.

  • August 06, 2020

    White House Seeks To 'Onshore' Key Drug Manufacturing

    President Donald Trump issued an executive order Thursday seeking to ensure essential medicines are made in the U.S. by shoring up domestic production capabilities and requiring federal agencies to purchase those drugs exclusively from domestic sources.

  • August 06, 2020

    McDermott Snags Ex-Quinn Emanuel Entertainment Co-Chair

    McDermott Will & Emery LLP said Thursday that it has hired the former co-chair of Quinn Emanuel's national media and entertainment practice, recruiting a seasoned attorney with experience representing major production companies to expand the firm's commercial litigation presence in Los Angeles.

  • August 06, 2020

    Woodstock Mark Can't Be Used To Sell Pot, 2nd Circ. Told

    The company that owns the rights to the Woodstock music festival cannot extend their trademark rights of the name "Woodstock" to a line of federally illegal marijuana products, the Second Circuit was told on Wednesday.

  • August 06, 2020

    Alsup 'Upset' EBay, Alibaba Cited Private Talks In Sanction Bid

    "I'm upset by that," U.S. District Judge William Alsup said Thursday of Alibaba and eBay including confidential discussions in their bid for $4.5 million in attorney fees and costs as sanctions against a patent holder's counsel for launching allegedly "meritless" litigation.

  • August 06, 2020

    Apple, Intel Renew Fortress Patent Claims In Amended Suit

    Apple and Intel have filed a new and far more detailed complaint in California federal court in order to ease a judge's concerns that their original lawsuit was overly vague, accusing Fortress Investment Group LLC of orchestrating an anti-competitive patent aggregation scheme.

  • August 06, 2020

    Lenovo Attacks DOJ Brief In InterDigital Case As Unhelpful

    Lenovo has pushed back against a Justice Department statement supporting InterDigital in a licensing dispute over standard-essential patents, arguing that attacks on its antitrust allegations merely reflect what the agency's leadership wants the law to be.

  • August 06, 2020

    Martha's Vineyard Artist Wins Copyright Claim In Porn IP Case

    An adult film producer and her distribution company violated a Massachusetts artist's copyrights when the feature-length movies they shot at the artist's Martha's Vineyard home captured many of her works adorning the seaside abode, a federal judge ruled Thursday.

  • August 06, 2020

    2 IP Ethics Attys Join Forces To Establish New Firm In DC, LA

    A pair of intellectual property ethics veterans with decades of experience announced the merger of their solo practices to form a new firm focused on representing IP attorneys in a variety of disciplinary matters.

  • August 06, 2020

    PTAB Is Keeping Busy In The Wake Of COVID-19

    As the nation continues to fight the COVID-19 crisis, the Patent Trial and Appeal Board is seeing an uptick in new cases and the number of patents being challenged before the board, according to a new report by Lex Machina.

  • August 06, 2020

    Fla. Judge Pans Del Monte Bid To Collect On $29M Award

    A Miami-based magistrate judge said Thursday that Del Monte is asking a Florida federal court to exceed its authority by seeking an order allowing it to seize rent payments a fruit grower received in Costa Rica to satisfy an unpaid $29 million arbitration award.

  • August 06, 2020

    Retailers Face Uphill Fight For Cert. In Glumetza Price-Fix Suit

    U.S. District Judge William Alsup appeared skeptical on Thursday of a bid to certify a class of retailers who accuse drugmakers of violating antitrust laws by blocking a generic version of the diabetes drug Glumetza, saying he can't "kick the can down the road" and ignore potential proof of harm differences.

  • August 06, 2020

    Fed. Circ. OKs Slashed $1.2M Power Integrations IP Verdict

    The Federal Circuit affirmed the reduction of a patent verdict against electronic component maker Power Integrations from $6.67 million to $1.19 million Thursday, using a one-line order.

  • August 06, 2020

    Litigation Funder Seeks Sanctions In 'Gears Of War' Fee Row

    A litigation funder urged a Pennsylvania federal judge to sanction a solo practitioner and an attorney with Haines & Associates PC for continuing to claim fees for work on an unsuccessful bid to win compensation for an ex-NFL player who said his voice and likeness were used without his permission in the "Gears of War" video game.

  • August 06, 2020

    PTAB Nixes Most Of Mystery Shopper Patent As Obvious

    The Patent Trial and Appeal Board has invalidated seven of eight claims in a Fall Line Patents invention that tracks so-called mystery shoppers, ruling that existing technology made the majority of the patent, challenged by McDonald's and a host of other food and entertainment companies, obvious.

  • August 06, 2020

    Insurer Says It Needn't Defend Strip Club's Defamation Suit

    United Specialty Insurance Co. told an Illinois state court that it has no duty to defend a Chicago strip club, Atlantis Gentlemen's Club, in an underlying suit accusing it of defamation by posting 30 models' pictures on its social media without their consent.

  • August 06, 2020

    Fed. Circ. Urged To Revisit Ford's Win In Auto Parts Fight

    The full Federal Circuit has been asked to reconsider an earlier decision affirming that marketers and distributors of aftermarket automotive parts and accessories willfully infringed 13 design patents owned by a Ford unit, with a $2.1 million attorney fees grant on top.

  • August 06, 2020

    'Gruyere' Is Generic Cheese Name, TTAB Rules

    American dairy producers can continue to call their cheese "Gruyere" after the Trademark Trial and Appeal Board ruled Wednesday that the name is a generic term that cannot be locked up by Swiss and French industry groups.

  • August 06, 2020

    Philips Seeks Info On TCL Sales in Phone Patent Battle

    Philips urged a London judge Thursday to order TCL Corp. to provide information on its worldwide sales so it can begin to assess financial damages for its infringement claims.

  • August 06, 2020

    Disney Says 'Pirates' Copyright Ruling Must Be Undone

    The Walt Disney Co. is asking the full Ninth Circuit to overturn a ruling last month that revived a copyright lawsuit over "Pirates of the Caribbean," arguing it will lead to "an unnecessary quagmire of discovery."

  • August 05, 2020

    Bristol-Myers, Pfizer Win Fight Over Eliquis Patents

    A Delaware federal judge on Wednesday upheld two patents held by Bristol-Myers Squibb, one jointly with Pfizer, that underlie their anticoagulant medication Eliquis, ruling that proposed drugs from Sigmapharm, Sunshine Lake Pharma and Unichem Laboratories infringe one or both of the patents.

  • August 05, 2020

    Ex-WWE Star's IP Brawl Over Failed Venture Ends In Mistrial

    A Tennessee federal judge has granted a mistrial in a sprawling trademark suit concerning WWE Hall of Famer Jeff Jarrett's wrestling promotion and production company and its failed merger with Toronto-based Anthem Wrestling Exhibitions.

  • August 05, 2020

    Alleged Counterfeiter Seeks To Nix J&J Atty's Declarations

    An Illinois federal court should toss declarations entered by an attorney representing a Johnson & Johnson unit in litigation over purportedly counterfeit surgical devices, as the lawyer should not be allowed to serve both as a key witness and as counsel to a party in the same case, the company accused of selling the knockoff products has contended.

  • August 05, 2020

    Berger Montague Touts Experience In Bid To Lead Fraud Case

    A fight for control of several proposed class action lawsuits accusing invention marketer InventHelp of fraud on Wednesday pitted Berger Montague's years of experience on consumer class actions against Oxman Law Group's extra year of experience on building and filing the first cases against the company.

Expert Analysis

  • Drafting Assignments After Fed. Circ. Printing Patent Ruling

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    The recent Federal Circuit decision in the printing patent matter Schwendimann v. Arkwright Advanced Coating, holding that a patent assignment must be documented in writing but that there are no specific documentation requirements, offers several important lessons on drafting assignments, says Irah Donner at Manatt.

  • Reading The Tea Leaves Of PTAB's Motion To Amend Study

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    Analysis of data from and beyond the Patent Trial and Appeal Board's recent motions to amend study and decisions over the past year reveals that the board's pilot program has yielded slightly greater success for patent owners but that there are strategic reasons to proceed cautiously, say attorneys at Latham.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Problems With USPTO Withholding Record For Some Appeals

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    The U.S. Patent and Trademark Office's practice of refusing to transmit a certified list of the administrative record in certain appeals to the Federal Circuit likely contravenes the Patent Act and Federal Circuit rules concerning appellate filings, say attorneys at Smith Baluch and Baker Botts.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • 5 Key Takeaways From Texas Appraisal Trade Secret Saga

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    The ongoing trade secret dispute in Texas between home valuation company HouseCanary and former collaborator Title Source offers important lessons for litigators, on thoroughly conducting presuit investigations, properly drafting jury charges and more, say Eric Fues and Maximilienne Giannelli at Finnegan.

  • How PTAB Reviews Examiner Errors For IPR Institution

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    Jeffrey Townes and Hongling Zou at Cozen O’Connor explore how the Patent Trial and Appeal Board reviews examiner errors, because although the board has recently denied inter partes review based on issues presented during prosecution, petitioners have little guidance on when examiner error merits IPR institution.

  • Opinion

    Fla. Jury Selection Success Shows Viability Of Remote Trials

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    The success of a Broward County, Florida, court earlier this month in conducting jury selection online is a true testament of faith in the jury system, and there is no doubt trials can be conducted via a video platform during the pandemic, says Chief Judge Jack Tuter of Florida's 17th Judicial Circuit.

  • 6 Ways GCs Can Assess Insider Threat Risk

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    General counsel should ask team members in information technology, security and compliance about data loss prevention and other processes to evaluate workers’ potential to breach their data authorization as the COVID-19 crisis continues to overwhelm day-to-day operations, says Amy Mushahwar at Alston & Bird.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Assessing 6 Years Of Court And USPTO Alice Interpretations

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    Six years after the U.S. Supreme Court's landmark Alice decision, U.S. Patent and Trademark Office outcomes reveal much-needed clarity on patent eligibility, while Federal Circuit decisions have provided less certainty and predictability, say Michael Kasdan at Wiggin and Dana, and Nikko Quevada and Vincent Violago at Parola Analytics.

  • Increased Forum Shopping For US Discovery Likely After Guo

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    As the Second Circuit joined the Fifth Circuit this month in prohibiting the use of a foreign discovery statute in aid of international private arbitration in the case of Guo, the Fourth and Sixth Circuits will likely see a disproportionate number of applications for Section 1782 discovery until the issue is taken up by the U.S. Supreme Court, say attorneys at MoloLamken.

  • Recent US Actions Muddy USMCA Media Protections

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    The new United States-Mexico-Canada Agreement includes liability protections for interactive computer service providers modelled on U.S. law, but a recent executive order and recommended statutory changes that would put U.S. law at odds with the agreement could lead to trade disputes, say advisers at Crowell & Moring and C&M International.

  • Opinion

    Jurors Should Get A Pay Raise

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    Federal jurors are being paid less than minimum wage, and state laws on jury pay range from inadequate down to nonexistent, so Congress should require fair compensation in both federal and state courts, says attorney R. D. Kelly.

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