Intellectual Property

  • August 09, 2019

    Cyndi Lauper Agrees To Settle 'Kinky Boots' Copyright Suit

    Cyndi Lauper has agreed to settle a copyright lawsuit brought by pop singer Benny Mardones, who's claiming Lauper copied lyrics and music from his hit single "Into the Night" for a song in her Broadway musical "Kinky Boots."

  • August 09, 2019

    PTAB Wrong To Ax Amended Claims Under Alice, Uniloc Says

    Patent holding company Uniloc has told the Federal Circuit that the Patent Trial and Appeal Board ran afoul of the America Invents Act when it held that amended claims the company proposed for a digital licensing patent challenged by Netflix and Hulu are invalid under Alice.

  • August 09, 2019

    Sanctions Uncalled For In Peloton Deposition Delay: Flywheel

    Studio cycling company Flywheel has told a Texas federal judge it shouldn't be sanctioned for alleged shenanigans tied to the deposition of its founder in a patent infringement suit by competing cycling company Peloton Interactive Inc., arguing that Peloton was not harmed by the last-minute deposition delay.

  • August 09, 2019

    L'Oreal Could Face $100M In Damages As Del. IP Trial Closes

    After telling a Delaware federal jury it has been fighting a David v. Goliath battle, Olaplex LLC said Friday it is seeking what could be more than $100 million in damages for L'Oreal USA Inc.’s alleged misappropriation of its trade secrets and infringement of patents related to a hair-coloring product.

  • August 09, 2019

    'Grease' Parody Writers Say Fair Use Is The One They Want

    The Georgia-based comedians behind "Vape: The Musical" asked a New York federal court on Friday to declare their play eligible for protection from copyright infringement claims by the creators of "Grease," claiming their story is a parody of the iconic theatrical production.

  • August 09, 2019

    Huawei Must Face Patent Claims From Telecom Co.

    Huawei wasn’t able to slip most of the claims laid against it by a telecommunications research company that says the tech giant infringed two of its patents, but a California federal judge did hand it a win on one of the claims Friday.

  • August 09, 2019

    Attys In Fake Kona Coffee Row Want To Dump Client

    Three attorneys representing a company involved in a putative class action that accuses Amazon, Walmart, Costco and others of violating federal law by selling ordinary coffee under the name "Kona" are seeking to withdraw from representing one of their clients because of "irreconcilable differences."

  • August 09, 2019

    Fed. Circ. Backs Wins For Eli Lilly Over Cancer Drug Patent

    The Federal Circuit upheld two Eli Lilly and Co. wins over its cancer treatment drug Alimta when it ruled Friday that Dr. Reddy’s and Hospira’s proposed products perform equivalently to the patented treatment, though the appellate court reversed a finding that Hospira literally infringed the patent.

  • August 09, 2019

    HomeGoods Says HomeGreat's Name, Logo Infringe TM

    Discount home furnishing chain HomeGoods accused a California store named HomeGreats of infringing its trademark with its confusingly similar name and logo, according to a suit filed Thursday.

  • August 09, 2019

    Iron Maiden Won't Take Him, So IP Atty Heads To Greenberg

    Greenberg Traurig LLP has boosted its intellectual property litigation team in San Francisco with a shareholder from Winston & Strawn LLP, who said he wouldn’t give up the patent life for anything. Well, unless Iron Maiden needs a new drummer.

  • August 09, 2019

    NBA Star Sues Over 'Greek Freak' Mark On Hoodies, T-Shirts

    NBA player Giannis Antetokounmpo filed suit in New York federal court on Friday against a clothing label for infringing on his "Greek Freak" and "Greek Fr34K" trademarks, both nicknames the athlete said were born of his skill, nationality and jersey number.

  • August 09, 2019

    Burns & Levinson Bolsters IP Practice Group With 2 Partners

    Burns & Levinson LLP has brought on two former partners from Finnegan Henderson Farabow Garrett & Dunner LLP and Choate Hall & Stewart LLP with extensive experience in patent law to its office in Boston, the firm has announced.

  • August 09, 2019

    Zetia Buyers' Pay-For-Delay Lawsuits Will Press On

    Merck and Glenmark weren't able to shut down Zetia buyers' pay-for-delay litigation on Friday, though a Virginia federal judge agreed to pare the claims lodged by retailers and end-payors that bought the cholesterol medication.

  • August 09, 2019

    Brand Battles: Starbucks Aims To Sink 'Siren' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks claims trademark rights to the name of the mythical creature in its logo, the company behind the Doom video game franchise says it's game over for a "Doomsauce" craft beer, and FICO is upset about a rhyming rival.

  • August 09, 2019

    Court OKs $65.8M Deal In Cephalon Pay-For-Delay Suit

    A Pennsylvania federal judge has given an early green light to a total of $65.8 million in settlements to end class action claims that Cephalon paid generic-drug makers to keep a cheaper version of the narcolepsy drug Provigil away from drug counters.

  • August 09, 2019

    Cokinos Young, Ex-Marketing Director Trade Barbs In IP Row

    A midsize Houston construction law firm and its former marketing director's fight over allegedly stolen client contacts has escalated, with the former director alleging in Texas state court that the firm has engaged in a "frivolous scheme" to keep her unemployed, and the firm challenging the claim under a free speech law.

  • August 09, 2019

    Fed. Circ. Nixes Labrador Retriever Genetic Test Patent

    A test that involves identifying a genetic mutation in Labrador retrievers isn’t eligible for patent protection, as it simply identifies a natural phenomenon, the Federal Circuit said Friday.

  • August 09, 2019

    IBM IP Ruling Changed Nothing, Priceline Tells Fed. Circ.

    There’s no point in having the full Federal Circuit reconsider a nonprecedential decision that applied settled patent law to find that Booking Holdings Inc. didn't infringe an IBM digital advertising patent, the company behind Priceline.com, Kayak and OpenTable has told the appeals court.

  • August 09, 2019

    Litigious Copyright Atty Can't Undo Latest Sanctions

    A Manhattan federal judge isn't going to overturn a sanctions order against a copyright attorney who has filed hundreds of copyright cases in recent years, ruling Thursday that a challenge to the fine was "both too little and too late."

  • August 09, 2019

    PTAB Told Failure To Construe Claims Dooms Petition

    Software company Symantec Corp. on Thursday told the Patent Trial and Appeal Board that a petition for inter partes review from cloud-based security company Zscaler Inc. should fail because it did not construe certain patent claims that it was required to.

  • August 09, 2019

    Humvee Says 'Call Of Duty' TM Case Won't Cause 'Mayhem'

    The automaker behind the Humvee is urging a federal court to reject claims that "the world will end" if the company wins its trademark lawsuit against Activision Blizzard over the appearance of the famous truck in "Call of Duty" video games.

  • August 09, 2019

    Calif. Museum Accused Of Copying Digital Art Exhibitions

    A Japanese art collective called TeamLab has accused a new Los Angeles-based museum of ripping off an experiential digital exhibition and passing it off as its own, saying that the new museum has even copped to using some of TeamLab’s images on social media.

  • August 08, 2019

    Movie Theater Giants Face Digital Security Tech Patent Suits

    Intertrust Technologies Corp. hit movie theater chains Cinemark Holdings Inc., Regal Entertainment Co., and AMC Entertainment Group Inc. with three patent infringement suits in Texas federal court Wednesday, alleging they're knocking off digital security technology patents.

  • August 08, 2019

    EchoStar Unit Again Asks Fed. Circ. To Toss $21M IP Award

    EchoStar Corp. unit Hughes Network Systems on Thursday urged the Federal Circuit to reconsider its ruling affirming a $21.1 million jury verdict finding Hughes infringed a defense contractor's satellite network patent, arguing the damages calculation was based on a fatally flawed analysis.

  • August 08, 2019

    IP Litigation More Costly, Risky Than Ever Before, MoFo Says

    Large companies are facing increasingly fewer intellectual property cases, but the litigation carries a higher risk and is more expensive than ever, according to a new report from Morrison & Foerster LLP.

Expert Analysis

  • The Ripple Effect Of SAS Institute V. Iancu On IPR Practice

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    The U.S. Supreme Court’s 2018 SAS Institute v. Iancu decision has had subtle effects on Patent Trial and Appeal Board inter partes review institution practice. Understanding these nuances can help practitioners to alter their strategy and tactics to achieve the desired outcome on IPR petitions, say Tyler Bowen and Emily Greb of Perkins Coie.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Key Differences In The Final GILTI Regulations

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    Apart from a too-narrow high-taxed global income exclusion, the notable differences in the final regulations released by the IRS last month from the proposed regulations were the refinements to the calculation of global intangible low-taxed income, says Robert Kiggins of Culhane Meadows.

  • Considerations Before Relying On AIA Prior User Rights

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    While prior user rights under the America Invents Act may lead a company to elect trade secret protection over patent protection for the potential cost savings, there are important caveats, says Karam Saab of Kilpatrick Townsend.

  • IP Protection Still Elusive For Data Compilations In US And EU

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    As businesses continue to increase investment into artificial intelligence systems, questions arise as to whether they can own or legally protect data compiled by those systems. Currently, in the U.S. and EU, obtaining copyright protection for databases is difficult and trade secret protection requires policies and procedures to establish rights, say attorneys at Mayer Brown.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • New US Counsel Rule For Foreign TMs Promises Sea Change

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    This month’s dramatic announcement by the U.S. Patent and Trademark Office that all foreign domiciled trademark applicants, registrants and parties will now be required to retain U.S. counsel is set to transform the role of trademark practitioners in relation to a massive class of new clients, say Darren Cahr and Melissa Dillenbeck of Drinker Biddle.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • USPTO Guidance Changes Cannabis TM Filing Strategy

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    A narrow range of filings for trademark registrations covering cannabis goods or services is permitted under new U.S. Patent and Trademark Office guidelines, and cannabis-related business owners who could not previously receive federal trademark protection should now reassess their options for protecting their brands, says Daniel Lano of Dinsmore & Shohl.

  • Defense Of Copyright Claims: Don’t Let Your Proof Go Poof

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    The recent proliferation of communications platforms in which content literally disappears after a short period of time has increased the risk of companies losing out on important evidence that would be crucial in copyright litigation, says Evynne Grover of QBE North America.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Tips For Patenting And Protecting Wearable Technology

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    The approach to patents practiced by fashion brands needs to evolve as technology’s integration into fashion becomes more frequent and complex, says Barry Lewin of Gottlieb Rackman.

  • Biosimilar Patent Litigation Bill Would Change BPCIA Strategy

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    If passed, the Affordable Prescriptions for Patients Act will limit the number of patents that can be raised in litigation under the Biologics Price Competition and Innovation Act, with significant repercussions for biosimilar applicants deciding whether to engage in a patent dance, say attorneys at Paul Hastings.

  • Prosecuting SEPs For Driverless-Car Communications Tech

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    Effective prosecution of standard-essential patents for autonomous vehicle communication requires familiarity with the technical standards for this nascent technology and experience addressing subject matter eligibility and means-plus-function claim limitation issues, says Todd Baker of Oblon McClelland.

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