Intellectual Property

  • August 13, 2019

    Ubisoft Guitar-Teaching Video Game Patent Axed Under Alice

    Ubisoft's patent on a video game called Rocksmith that teaches users how to play the guitar is invalid for claiming only abstract ideas, a North Carolina federal judge has ruled in a victory for the maker of a competing program called Yousician that Ubisoft accused of infringement.

  • August 13, 2019

    Fed. Circ. Wants USPTO's Take On Precedent Panel Deference

    The Federal Circuit has asked U.S. Patent and Trademark Office head Andrei Iancu to weigh in on how much deference his newly formed Precedential Opinion Panel should be given.

  • August 13, 2019

    Seirus Wants Suit Alleging PTAB 'Grand Conspiracy' Tossed

    Seirus Innovative Accessories Inc. has asked an Oregon federal judge to dismiss a racketeering and fraud suit brought by its rival Columbia Sportswear, saying it’s based on statements made to the Patent Trial and Appeal Board that are protected by the First Amendment.

  • August 13, 2019

    MillerCoors, Stone Trade Insults In Keystone TM Fight

    MillerCoors and Stone Brewing Co. are both pushing for a quick victory after 18 months of trademark litigation over new beer packaging that emphasizes the "Stone” in “Keystone Light,” with each filing insult-laced motions to end the case in their favor.

  • August 13, 2019

    Ticket Biz Gets $280K In Atty Fees For Rival's Sanctions

    A New York federal judge has awarded approximately $280,000 in attorney fees and costs to Broker Genius Inc. for what it spent on a contempt bid in a case in which the company secured a $4.5 million verdict and effectively shut down a rival over pilfered technology.

  • August 13, 2019

    PTAB Rebuffs Lyft Challenge To Prof's Ride-Hailing Patent

    The Patent Trial and Appeal Board said Monday it would not review a patent on ride-hailing technology that a retired Georgia Tech professor has accused Uber and Lyft of infringing, although the board may have provided the companies with additional ammunition for district court.

  • August 13, 2019

    Hytera Must Face Motorola's Patent Claims Over Digital Radio

    Chinese radio manufacturer Hytera Communications Corp. cannot escape claims that it copied Motorola Solutions Inc.'s digital two-way radio technology and infringed several of its patents, an Illinois federal judge ruled Monday.

  • August 13, 2019

    FTC Win Irrelevant To 9th Circ. Class Appeal, Qualcomm Says

    The Federal Trade Commission’s antitrust win over Qualcomm has no business in the chipmaker’s Ninth Circuit appeal of class certification for 250 million U.S. phone buyers making similar claims about its licensing practices, the company has said.

  • August 13, 2019

    Media Industry Slams 'Bungled' Seuss-Trek Mashup Ruling

    A California federal court "bungled the fundamentals of copyright law" when it said a mashup of Dr. Seuss and Star Trek was protected under fair use, movie studios and others are warning the Ninth Circuit.

  • August 12, 2019

    Emerson's IP Loss To BladeRoom Rises To $77M With Interest

    A California federal judge on Monday ruled that Emerson Electric Co. owes BladeRoom $77.4 million for using its stolen trade secrets to land a $200 million Facebook data center contract, tacking on an additional $17.4 million in interest to a $60 million damages award.

  • August 12, 2019

    Gaming Patent Fight Kicked Out Of NJ, But Trade Secrets Stay

    A New Jersey federal judge has sent patent infringement litigation over slot machine software to Delaware, Georgia and Nevada, invoking the U.S. Supreme Court's TC Heartland ruling, but cleared related trade secret and breach of contract allegations to press forward in-state.

  • August 12, 2019

    Outsiders Defend Calif. Class Action Law In Qualcomm Appeal

    Advocacy groups and academics have assailed Qualcomm for trying to duck certification of an antitrust class estimated at 250 million U.S. consumers, telling the Ninth Circuit in amicus briefs that the chipmaker was attempting to “manufacture a policy conflict among state antitrust laws” to evade application of California law to a national class.

  • August 12, 2019

    When AI Invents, Thorny Questions Follow For Patent Law

    The first applications seeking patents on inventions said to be created completely by artificial intelligence will force patent offices to grapple with issues that may sound as if they belong in a science-fiction movie but nevertheless could profoundly shape the future of innovation, attorneys say.

  • August 12, 2019

    Adidas, Brooklyn Nets Hit With TM Suit Over Milk Crate Logo

    A New York City-based streetwear company slapped Adidas with a trademark infringement lawsuit Monday alleging top executives at the athletic wear giant expressed an interest in collaborating with Milkcrate Athletics Inc. but then created a Brooklyn Nets T-shirt that ripped off the brand's milk crate logo.

  • August 12, 2019

    'Guy With IPhone' Wants $60K In Atty Fees After $750 Trial Win

    The man who took a viral photo of President Donald Trump crashing a wedding has asked for $60,000 in attorney fees after a New York federal court awarded him just $750 — the lowest-possible damages — for successfully showing Hearst infringed his copyrighted image.

  • August 12, 2019

    Electronics Biz Pursues $3M Award For Trade Secret Breach

    An electronics business is seeking to enforce two arbitration awards worth a combined $3 million after a tribunal found that a Chinese manufacturer used the business’ confidential information to produce a competing product.

  • August 12, 2019

    $200K Fee After $5K Deal 'Makes No Sense,' Ill. Judge Says

    An Illinois federal judge on Friday granted photo agency FameFlynet Inc. $10,500 of its request for $241,000 in attorney fees after settling a copyright suit for $5,000, saying awarding anything more after two-and-a-half years of avoidable litigation “makes no sense.”

  • August 12, 2019

    Fed. Circ. Agrees AT&T 4G LTE Doesn't Infringe Network IP

    A Texas federal judge rightly defined a key term in Iridescent Networks Inc.'s network broadband patent, freeing AT&T and Ericsson from allegations that their 4G LTE technology infringes, the Federal Circuit affirmed Monday.

  • August 12, 2019

    Fed. Circ. Vacates Toro's PTAB Win On Lawn Mower Patent

    The Federal Circuit on Monday threw out a Patent Trial and Appeal Board decision invalidating a lawn mower patent that was challenged by The Toro Co., finding the board misinterpreted a key phrase in the patent.

  • August 12, 2019

    Pharmas Seek Separate Fraud, Antitrust Trials In Loestrin MDL

    Warner Chilcott and Watson Pharmaceuticals pressed a Rhode Island federal judge last week to split Loestrin buyers' fraud and antitrust claims into two separate trials, arguing that a jury would be confused if all of the allegations were thrown at them in one proceeding. 

  • August 12, 2019

    MLB Hit With IP Suit Over Brewers' '90s Night Will Smith Photo

    A German photographer is suing Major League Baseball's in-house media company for copyright infringement in New York federal court over a 2016 promotion that featured then-Brewers pitcher Will Smith reenacting a series of "Fresh Prince of Bel Air" photos featuring the actor of the same name.

  • August 12, 2019

    Kia's IP Win Against Allstate 'Odd,' 9th Circ. Judge Says

    A Ninth Circuit judge on Monday questioned why a district judge found that Kia Motor Corp.'s high-tech "Drive Wise" vehicle add-ons don't infringe Allstate's trademarked "Drivewise" driver safety program, despite a jury's advisory verdict that found otherwise, saying it's "odd" and the "elephant in the room."

  • August 12, 2019

    L'Oreal Found Liable For Stolen Secrets In Del. IP Trial

    A Delaware federal jury found Monday that beauty giant L'Oreal USA Inc. misappropriated Olaplex LLC's trade secrets, willfully infringed two Olaplex patents related to a hair coloring product and breached a nondisclosure agreement between the companies.

  • August 12, 2019

    US-China Talks Suddenly In Doubt As Both Sides Dig In Heels

    As tensions between the U.S. and China continue to rise, President Donald Trump on Friday abruptly suggested that a round of trade negotiations slated for early September may not happen at all.

  • August 09, 2019

    Amgen Patents Beat Sandoz Validity Check In Biosimilar Fight

    A New Jersey federal judge Friday rejected Sandoz Inc.'s attempt to invalidate two patents covering Amgen subsidiary Immunex Corp.'s blockbuster immunosuppressant Enbrel, stalling Sandoz's aim to launch a biosimilar version of the drug.

Expert Analysis

  • Claims Court Clears Cobwebs For Fee Shifting In Patent Cases

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    In two recent patent decisions, the U.S. Court of Federal Claims has proven amenable to fee-shifting after more than two decades of not exercising that authority, thus increasing the allure of patent suits against the government, including those in which litigation costs would dwarf potential damages, say attorneys at Finnegan.

  • Takeaways From Delaware's New Patent Eligibility Hearings

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    During two recent "Section 101 Days" in the District of Delaware, judges heard arguments regarding motions to invalidate numerous patents. Jeff Castellano of Shaw Keller examines the questions asked by the judges — both fundamental and practical — about how best to consider and resolve Section 101 motions.

  • The Latest Fed. Circ. Move On Patent Eligibility

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    The Federal Circuit had never conclusively stated that a presumption of validity applies to a patent challenged on Section 101 grounds until its recent Cellspin v. Fitbit decision, which invokes and responds to two earlier decisions, Berkheimer and Aatrix, says Anthony Fuga of Holland & Knight.

  • 5 Hard Phrases Lawyers Should Master

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    While Kelly Corrigan's popular book, "Tell Me More: Stories About the 12 Hardest Things I’m Learning to Say," focuses on simple words or phrases that individuals can use to improve their personal lives, attorneys can utilize Corrigan's advice for professional benefit, says Karen Ross of Tucker Ellis.

  • Insights From Recent Cases Considering Waiver Of Privilege

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    In this discussion of developments in the law of privilege, attorneys at Paul Weiss explore three recent federal court cases concerning circumstances that can lead to waiver of protections for work product and attorney-client communication: Barbini v. First Niagara Bank, IQVIA v. Veeva Systems and VR Optics v. Peloton Interactive.

  • And Now A Word From The Panel: 4 MDL Lessons At 40

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    Over the course of this column's 40 installments, the number of individual actions pending in multidistrict litigation proceedings has increased. The MDL process appears to have a magnetic pull to attract new cases at a rapid pace — including cases filed without proper vetting, says Alan Rothman of Arnold & Porter.

  • Fed. Circ. Highlights Need For Enabling Disclosure In Patents

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    The Federal Circuit's recent decision in Enzo Life Sciences v. Roche Molecular Systems illustrates the requirements to provide an enabling disclosure for broad, functional patent claims. Claims that recite functional limitations are more likely to be found invalid for lack of enablement if the structural features are recited broadly, say Paul Dietze and Elizabeth Crompton of Haynes and Boone.

  • Rebuttal

    Hindsight Proportionality Is An Illogical And Meaningless Idea

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    A recent Law360 guest article suggests that the Federal Trade Commission's use of purportedly few trial exhibits in FTC v. Qualcomm demonstrates that discovery was not proportional to the needs of the case, but in actuality there is little to be gleaned from the number of trial exhibits, say attorneys at Hausfeld.

  • IPR Drafting Tips To Conquer Barriers To Institution

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    There are a plethora of substantive and procedural hurdles for a petitioner to overcome when seeking institution of inter partes review. An analysis of recent Patent Trial and Appeal Board and Federal Circuit decisions reveals a few best practices for a successful petition, says ​​​​​​​Hunter Horton of Erise IP.

  • Books And Records Requests In The Era Of Text Messages

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    Company managers are increasingly using informal electronic communications to discuss issues and make decisions. Recent decisions in Delaware and New Jersey show how courts are trying to balance shareholders’ rights to access these communications with companies’ and managers' rights to confidentiality, say Jason Levine and Andrew Erdlen of Hangley Aronchick.

  • E-Discovery Experts Could Increase Fed. Court Efficiency

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    As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

  • Fed. Circ. Leaves Open Questions On Patent Eligibility

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    In declining to hear Athena Diagnostics v. Mayo Collaborative Services en banc, the Federal Circuit has effectively announced to the bar, the U.S. Supreme Court and Congress that it needs more guidance in how to apply the Supreme Court’s patent eligibility test, say attorneys at Paul Hastings.

  • 1st Circ. Takes A Bite Out Of Advertising Injury Coverage

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    The First Circuit's decision in Sterngold Dental v. HDI Global Insurance clarifies the treatment of the intellectual property exclusion to personal and advertising injury coverage under the standard commercial general liability form, bypassing the need to determine whether a trademark is an advertising idea, say Bryon Friedman and Robert Joyce of Littleton Park.

  • Preinstitution Submissions May Limit Certain ITC Probes

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    Following recent rule changes, U.S. International Trade Commission determinations and decisions by the Federal Circuit, proposed respondents may be able to prevent or limit the scope of ITC Section 337 investigations if they act quickly using various types of preinstitution submissions, says Michael Doane of Miles & Stockbridge.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

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