Intellectual Property

  • July 27, 2021

    NCAA Athletes Say Name, Image 'Experiment' Proves Case

    The explosive growth of opportunities for college athletes to cash in on their names, images and likenesses since the NCAA suspended rules limiting such pay is a living experiment that is proving that college athletes have tremendous value that NCAA rules unnecessarily restrict, athletes challenging the rules say.

  • July 27, 2021

    PTAB Wary Of Google Foe's Prior Art Argument In IP Dispute

    An attorney for a company that accused Google, Samsung and LG of infringing two voice browsing patents had a tough time persuading a Patent Trial and Appeal Board panel Tuesday that the patent challenges should fail because the invention pre-dates the primary prior art reference cited to invalidate the patent.

  • July 27, 2021

    Amazon Tells Fed Circ. Judge Gilstrap Let Jury Be Misled

    Amazon told the Federal Circuit that a claim construction finding from U.S. District Judge Rodney Gilstrap defied "grammar and logic" and misled the jury, as the retail giant seeks to get out of paying a $5 million patent verdict that a small Texas microphone company won last year.

  • July 27, 2021

    Fed. Circ. Says PTAB Violated Qualcomm's Rights In Intel IPR

    The Federal Circuit ruled Tuesday that the Patent Trial and Appeal Board violated Qualcomm's rights by not giving it notice and a chance to respond to the board's interpretation of a circuit patent, which was invalidated in an inter partes review challenge by Intel.

  • July 27, 2021

    Waco's Bulking Up To Meet Albright's Growing Docket

    The Western District of Texas has gotten permission to add a second full-time magistrate in Waco in a bid to keep up with the massive amount of patent litigation Judge Alan Albright has brought to the court since taking the bench in 2018.

  • July 27, 2021

    That's A Rap: Shkreli's Wu-Tang Album Sold To Cap Judgment

    Brooklyn federal prosecutors announced Tuesday that they've sold a one-of-a-kind Wu-Tang Clan album seized from imprisoned "pharma bro" Martin Shkreli, settling a $7.3 million tab from his criminal judgment on securities fraud and conspiracy charges.

  • July 27, 2021

    Bio-Rad And 10X Agree To End Patent War

    Biotech rivals 10X Genomics and Bio-Rad Laboratories Inc. said Tuesday that they had reached a deal to end their many legal fights over competing DNA technology, less than a week before the two California companies were set to spar again in front of a jury in Delaware.

  • July 27, 2021

    Arthrex Asks To Fight PTAB Ax On Other Grounds On Remand

    Arthrex has asked the Federal Circuit to let it weigh in on what happens to its case at the Patent Trial and Appeal Board following the U.S. Supreme Court's Arthrex ruling, saying it "has not yet had a full opportunity" to challenge the board's initial ruling.

  • July 27, 2021

    PTAB Nixes Raytheon Gas Turbine Engine Patent Claims

    In a decision Tuesday the Patent Trial and Appeal Board invalidated the two remaining claims at issue in a Raytheon patent covering a noise reduction liner for a gas turbine engine in a challenge brought by General Electric.

  • July 27, 2021

    Breitling's Sanctions Bid Shot Down In 'Red Gold' TM Suit

    A sanctions fight in trademark litigation between Swiss watchmaker Breitling and a California jeweler over the term "red gold" has been put to rest, after a Connecticut magistrate judge ruled that neither side had managed to prove dueling claims of misconduct.

  • July 27, 2021

    Judge Urged To Rethink Ruling Perrigo Hid $1.9B Irish Tax Bill

    Perrigo asked a New York federal court to reconsider finding that the drugmaker misled investors by failing to disclose a €1.6 billion ($1.9 billion) Irish tax bill, saying its actions were justified by Ireland's overstatement of the liability.

  • July 27, 2021

    US Hedge Fund Loses Bid To Patent Trading Technology In UK

    A U.S. hedge fund lost its appeal Tuesday to force through a British patent for its program designed to beat other high-speed traders after a London judge ruled that the system couldn't be protected from copying under IP law.

  • July 27, 2021

    Sex Pistols Singer Fights 'Nuclear Button' In Licensing Battle

    A lawyer for Sex Pistols singer Johnny Rotten told a court on Tuesday that other band members should not be allowed to use a forgotten "nuclear button" deal to license their music for a TV show about the band without his consent.

  • July 26, 2021

    Masks, Distancing Optional For Vaxxed Jurors In Calif. IP Trial

    A California federal judge presiding over a criminal trade secret theft trial told prospective jurors on Monday that social distancing is optional and that they're only required to wear masks if they haven't been fully vaccinated, adding that she won't ask or require the jurors to prove their vaccination status.

  • July 26, 2021

    Biotech Co. Can't Arbitrate $881M Cannabinoid IP Fight

    A New York federal judge on Monday denied biotech company Amyris' bid to arbitrate an $881 million trade secrets fight with cannabinoid manufacturer Lavvan, finding that a prior agreement the parties entered into requires them to litigate intellectual property disputes.

  • July 26, 2021

    Companies Strike Deal To End Mitsubishi Patent War

    Chinese technology company Oppo has struck a deal with an intellectual property management company to end their global dispute over 3G and 4G cellular technology, with Oppo licensing the Mitsubishi Electric Corp. standard-essential patents.

  • July 26, 2021

    Takeda Beats Antitrust Claims In Heartburn Drug Patent Fight

    A New Jersey federal judge on Monday tossed generic-drug maker Zydus Pharmaceuticals Inc.'s antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of filing sham patent litigation to delay competition for heartburn medication Prevacid, ruling there was no showing Takeda didn't have legitimate infringement concerns.

  • July 26, 2021

    Review Group Slams 'Specious' Sun Pharma Skin Drug Patent

    Sun Pharmaceutical's patent for Levulan Kerastick, which uses light photodynamic therapy to treat skin conditions, "seems to be an inequitable extension of valid patent rights granted by the U.S. government," according to a new report issued Monday.

  • July 26, 2021

    Feds Say Latham PowerPoints Are Off-Limits To Huawei

    Federal prosecutors are fighting Huawei Technologies Co. Ltd.'s bid to unveil a trove of evidence, including PowerPoint presentations given by Latham & Watkins LLP to the government, that could help the Chinese telecommunications giant defend itself in a case accusing it of dodging U.S. sanctions and scheming to steal trade secrets.

  • July 26, 2021

    Hologic Gets Minerva Patent Axed Just Before Del. Trial

    A Delaware federal court has invalidated a Minerva patent covering a surgical device that treats abnormal menstrual bleeding just two weeks before an infringement trial against Hologic, concluding that the invention was shown to the public more than a year before it was patented.

  • July 26, 2021

    'High Hemp' CBD Seller Sues Rival Over 'Hemp High' Branding

    A Florida company that sells CBD products under the brand name High Hemp has sued a competitor in Texas federal court for willful trademark infringement, claiming its use of the name Hemp High is intentionally similar and is meant to create consumer confusion.

  • July 26, 2021

    Copyright Deposit Is No Takings Clause Violation, Judge Says

    A D.C. federal judge tore apart a niche publisher's constitutional challenge to the Copyright Act's deposit requirements and turned down an argument that the high court's recent ruling on unconstitutional takings would be any help to their case.

  • July 26, 2021

    Solar Tracking Biz Rips 'Illogical' $133M IP Suit

    A Texas solar tracking company founded by former SunEdison executives asked a New York federal judge to throw out most of the "illogical" claims lodged by an engineering consulting firm in a $133 million licensing lawsuit.

  • July 26, 2021

    9th Circ. Says Chinese Steel Cos. Must Face Espionage Case

    The Ninth Circuit on Monday refused to toss the government's allegations that Chinese steel companies stole DuPont trade secrets for creating titanium dioxide in violation of the Economic Espionage Act, finding that the companies aren't protected under the Foreign Sovereign Immunities Act from the criminal charges.

  • July 26, 2021

    Trend Micro Denied $444K In Fees From Intellectual Ventures

    A Delaware federal judge who previously told patent licensing company Intellectual Ventures to pay Trend Micro $444,000 in attorney fees for a failed email filtering patent suit ruled Monday that no fee award is warranted, after the Federal Circuit criticized his earlier holding.

Expert Analysis

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Opinion

    Federal Tech, Trade Bill Needs IP Owner Transparency Tweaks

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    A pending federal bill to advance innovation contains an amendment, aimed at exposing Chinese interests in U.S. patent assignments, that needs refinement to involve proper legislative channels and boost patents' value, say former U.S. Patent and Trademark Office Director David Kappos, now at Cravath, and former Federal Circuit Chief Judge Paul Michel.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Drafting, Litigation Tactics Post-Fed. Circ. Camera Patent Ax

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    Patent drafters and litigants can employ several strategies to avoid the result in the recent Federal Circuit Yu v. Apple decision, which upheld the invalidation of a digital camera patent as abstract where there was a mismatch between the claims and specification of the invention's advantages, says attorney Jason German.

  • 6 Ways To Guide Applications Under New Patent Classification

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    Intellectual property practitioners can navigate the recently implemented Cooperative Patent Classification system to direct applications to specific prior art units within the U.S. Patent and Trademark Office, avoid especially difficult units, and improve clients' portfolios in newly emerging technologies, say Roberta Young and Brian Michaelis at Seyfarth.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Justices' CFAA Ruling Shows Contract Safeguards Insufficient

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    Because of the U.S. Supreme Court's ruling in Van Buren v. U.S. that violating contractual limitations on proper use doesn't trigger Computer Fraud and Abuse Act liability, courts will likely also find violations of contractual limitations on access insufficient, so businesses should promptly implement technological barriers, says Aaron Dilbeck at Munck Wilson.

  • Opinion

    We Need Reliable Data On Patent Agent, Atty Gender Diversity

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    New U.S. Patent and Trademark Office data showing that four times as many women become patent agents compared to patent attorneys is likely not accurate, and a better measure involves investigating registered attorneys' and agents' statuses over time, says Christopher Turoski at the University of Minnesota Law School.

  • Central Bank-Backed Crypto Requires Regulatory Framework

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    As countries roll out central bank-backed digital currencies, establishing global uniformity in financial and intellectual property regulations will be crucial to prevent fraud, deceptive practices and general confusion, says Ali Dhanani at Baker Botts.

  • Anticipating Patent System Change-Ups Under Biden

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    Though early signs indicate that the Biden administration isn't prioritizing patent system repair, practitioners should carefully monitor the imminent change in U.S. Patent and Trademark Office leadership in advising clients on whether and when to file inter partes reviews, says Kevin Schubert at McKool Smith.

  • 5 Practical Takeaways From High Court Arthrex Ruling

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    William Milliken at Sterne Kessler offers considerations on the narrow scope of the U.S. Supreme Court's holding on Monday in U.S. v. Arthrex, that Patent Trial and Appeal Board judges are unconstitutionally appointed, and contemplates the questions it leaves open for litigants and practitioners.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • DOJ Antitrust Letter Charts Path To Higher Ed IP Collaboration

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    A recent letter from the U.S. Department of Justice to a group of research universities indicated that a proposed technology-focused patent licensing pool contained sufficient competition protections, providing a collaboration road map that higher education can use to support further IP development, say attorneys at BCLP.

  • A Practical Metric For Annual Patent Filing Targets: Part 2

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    Companies can prepare an estimated budget for patent portfolio management by factoring in the expected costs of preparing and filing provisional U.S. patent applications, based on the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, say Michael Sartori and Matthew Welch at Baker Botts.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

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