Intellectual Property

  • September 21, 2020

    Jack Daniel's Takes Dog Toy TM Fight To Supreme Court

    Jack Daniel's is pressing the U.S. Supreme Court to rule that a dog toy called "Bad Spaniels" infringed the company's trademarks, arguing that a lower court was "egregiously misguided" when it cited concern for the First Amendment.

  • September 21, 2020

    Tesla Hit With Suit Over 4G LTE Patents

    Fresh off its $506 million patent win against Apple, PanOptis lodged a new lawsuit accusing Tesla of making electric cars that infringe patented PanOptis 4G LTE technology.

  • September 21, 2020

    USPTO Official Tapped To Lead Copyright Office

    The Library of Congress appointed a new head of the U.S. Copyright Office on Monday, tapping U.S. Patent and Trademark Office policy director Shira Perlmutter to serve as the 14th register of copyrights.

  • September 21, 2020

    AI Machine Can't Be Patent Inventor In UK, Judge Rules

    A judge ruled Monday that an artificial intelligence machine's invention cannot be patented because it is not a person, and thus not an inventor under the U.K.'s patent law, keeping the machine's creator from getting those patent rights.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    Harrity & Harrity Named Best Midsize Firm To Work For

    Virginia-based patent prosecution firm Harrity & Harrity LLP is this year's best midsize law firm to work for, according to Vault.com's annual rankings released Thursday.

  • September 18, 2020

    Apple Sued For Allegedly Stealing Racially Diverse Emojis

    The creator of a set of emojis that exhibit varied skin tones sued Apple Inc. in Texas federal court Friday, claiming the tech giant infringed its copyright-protected invention after it was released through the App Store and iTunes.

  • September 18, 2020

    Blank Rome Faces DQ Bid After Night Call To Client's Rival

    A Blank Rome partner's alleged late night phone call to a Borgata Hotel Casino & Spa executive is now at the center of a fight to disqualify the firm from representing one of the hotel's Atlantic City rivals against allegations of trade secret theft.

  • September 18, 2020

    Philips Hits Intel, HP With Patent Suits Over Digital Video

    Philips filed patent infringement complaints in Delaware federal court on Thursday against a slew of tech giants, accusing Intel, HP, Dell, LG, Lenovo, MediaTek and Realtek Semiconductor of infringing several patents on "secure authenticated distance measurement" by devices capable of digital video.

  • September 18, 2020

    High Court Told $268M Hearing Aid Patent Award Flouts Law

    Cochlear Corp. has asked the U.S. Supreme Court to review a $268 million judgment against it for infringing hearing aid patents, saying the award was based on improper evidence and should not have been allowed to stand after one of the two patents at issue was invalidated.

  • September 18, 2020

    'Concerned' Fed. Circ. Won't Transfer Google Suit From EDTX

    The Federal Circuit on Friday denied Google's bid to order Eastern District of Texas Judge Rodney Gilstrap to transfer Personalized Media Communications' infringement suit against the company to the Northern District of California, saying Google had other ways of challenging Texas as a venue.

  • September 18, 2020

    Brand Battles: Atty Picks New Fight With Conan Doyle Estate

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, an attorney who previously secured a copyright victory against the estate of Sherlock Holmes author Arthur Conan Doyle is now fighting the estate's attempt to secure trademark protections — plus three other TTAB cases you need to know.

  • September 18, 2020

    In Her Own Words: 4 Of Ginsburg's Strongest Bench Dissents

    As the senior member of the Supreme Court’s often frustrated minority, Justice Ruth Bader Ginsburg’s iconic voice in recent years often sounded in dissent — particularly in politically divisive cases, such as abortion, voting rights and the Affordable Care Act. Here is some of the most pointed language from those now classic dissents.

  • September 18, 2020

    With The Passing Of Ginsburg, The Left Loses An Icon

    With the death of Justice Ruth Bader Ginsburg, the court's liberal wing loses her vote, her unique voice in the most politically divisive cases, and her talent for having the last word.

  • September 18, 2020

    Tesla's $168M 'Saboteur' Defamation Suit Trimmed

    A Nevada federal judge said Thursday that a former Tesla employee improperly leaked confidential information to the media and Tesla's statements labeling him a "saboteur" weren't defamatory, but rejected the electric automaker's claim that the employee's actions triggered a $168 million hit to its stock.

  • September 18, 2020

    Arctic Cat Asks High Court To Undo $27M Slash To Patent Win

    Arctic Cat has urged the U.S. Supreme Court to undo a decision reducing a patent infringement award it won against Bombardier by more than $27 million, saying the Federal Circuit's interpretation of the patent marking statute "rewards the worst of the worst patent infringers."

  • September 18, 2020

    Justice Ginsburg, 87, Dies Of Cancer Complications

    Justice Ruth Bader Ginsburg, the longest-serving liberal member of the U.S. Supreme Court, has died, the court announced Friday night, opening a Supreme Court vacancy in a contentious election year. She was 87.

  • September 18, 2020

    Gilead Accused Of Paying To Stave Off HIV Drug Competition

    Gilead Sciences Inc. was accused in a new proposed antitrust class action of scheming to keep generic alternatives of its HIV treatment Truvada off the market by paying another drugmaker not to compete.

  • September 18, 2020

    Facebook Tells Justices PTAB Win Justifies Award Of Costs

    Facebook has urged the U.S. Supreme Court to affirm a $4,400 award of costs, saying the Federal Circuit correctly applied the high court's precedent in determining that the social media giant was the prevailing party in a district court patent infringement suit.

  • September 18, 2020

    Wholesaler Fights To Stay Suboxone Product-Hop Class Rep

    Drug wholesaler Rochester Drug Co-Operative is defending its role as a class representative for Suboxone buyers suing Indivior Inc. over an alleged product-hop scheme in Pennsylvania federal court, arguing that neither its pending bankruptcy nor past conduct should disqualify it.

  • September 18, 2020

    'Gnarly Head' Winery Beats 'Gnarled Orchard' Cider Trademark

    The Trademark Trial and Appeal Board is refusing to allow a Virginia company to register "Gnarled Orchard" as a trademark for hard cider, ruling the name is confusingly similar to a California vineyard's "Gnarly Head" wine brand.

Expert Analysis

  • 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.

  • Time To Reassess Your Patent Cooperation Treaty Strategy

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    In light of the trends outlined in the World Intellectual Property Organization's recent annual Patent Cooperation Treaty review, applicants should make decisions on which international search authority to use based on immediate cost, total cost and quality, says Karam Saab at Kilpatrick.

  • How To Write A Better Comment Letter On Agency Proposals

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    As the federal government prepares to unveil a revamped online portal for submitting comments on proposed rulemakings, several considerations can help the public provide better feedback to help agencies implement legislation and regulate our activities, say Matt Kulkin and Josh Oppenheimer at Steptoe & Johnson.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

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