Intellectual Property

  • August 05, 2020

    Fed. Circ. Affirms Ax Of Banking Authentication Patent

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board determination that a software company's digital banking authentication technology was unpatentable as obvious.

  • August 05, 2020

    Google Slams Texas Court Order Nixing Venue Swap In IP Spat

    Google LLC this week urged the Federal Circuit to overturn an Eastern District of Texas order finding that a third-party vendor that Google works with there can be used to establish venue, slamming the decision as a misconstruction of the law and requesting a transfer of the patent litigation to California.

  • August 05, 2020

    Fed. Circ. Backs TTAB's 'Harsh' TM Ruling Due To Misconduct

    The Federal Circuit on Wednesday affirmed the Trademark Trial and Appeal Board's ruling to cancel a "Hollywood Beer" trademark, noting that the case was "peppered with unnecessary filings" by the applicant, who also repeatedly failed to comply with orders from the board.

  • August 05, 2020

    Immunex Faces Skeptical Fed. Circ. In Antibody Patent Fight

    A Federal Circuit panel appeared skeptical Wednesday that the Patent Trial and Appeal Board ignored vital evidence in construing a key claim term to invalidate an Immunex antibody patent at the behest of Sanofi-Aventis, suggesting that evidence supports the board's claim construction.

  • August 05, 2020

    Interpol Says Hackers Moving To Big Targets During COVID-19

    Cybercriminals are increasingly targeting major corporations and governments rather than individuals and small businesses as they exploit vulnerabilities stemming from the COVID-19 pandemic, Interpol warned on Tuesday.

  • August 05, 2020

    Tech Co. Insists Dropbox Infringes Synchronization Patents

    Synchronoss Technologies Inc. urged a Federal Circuit panel Wednesday to reverse a California federal judge's decision finding Dropbox Inc. did not infringe two patents covering software or hardware that synchronizes data and that one of the patents was invalid as indefinite, insisting the district judge misapplied his own claim construction.

  • August 05, 2020

    2nd Circ. Won't Revive Honey Harvesting Copyright Suit

    The Second Circuit on Tuesday backed a mail-order catalog's win in a copyright infringement lawsuit brought by the maker of a honey harvesting product, rejecting arguments that the catalog ripped off the product maker's intellectual property by replacing his brand with a rival in nearly identical ads.

  • August 05, 2020

    Meghan Markle Can Keep Pals' Names Secret In Privacy Suit

    A judge has handed Meghan Markle a win in her privacy suit against a British tabloid that published her letter to her father, saying on Wednesday that the names of five friends who gave confidential interviews to People magazine would remain undisclosed — for the time being.

  • August 05, 2020

    Fed. Circ. Backs Oyster's PTAB Wins Over Fiber Optic Patents

    The Federal Circuit on Tuesday ruled that the Patent Trial and Appeal Board rightly upheld two Oyster Optics LLC fiber optic patents, unmoved by arguments by two separate opponents that the board erred in finding that earlier inventions did not render the disputed claims obvious.

  • August 04, 2020

    Ericsson Defends Right To Have Jury Decide FRAND Rates

    Ericsson Inc. told the U.S. Supreme Court on Tuesday that there's no reason to reverse a Federal Circuit finding that a jury must determine what constitutes a reasonable royalty rate for the telecommunications company's standard-essential patents, saying "that ship sailed two centuries ago" with the Seventh Amendment.

  • August 04, 2020

    Apple Argues Conversant Benefited From Late IP Disclosure

    An attorney for Apple urged a Federal Circuit panel Tuesday not to reverse a district court decision that spared the iPhone maker from a $3.4 million infringement judgment, a move he suggested would reward misconduct that Conversant Wireless Licensing SARL benefited from.

  • August 04, 2020

    GILTI High-Tax Relief To Help With Virus Relief, Official Says

    An allowed option to retroactively apply an exemption to high-taxed income will help companies reeling from the economic downturn brought by the novel coronavirus pandemic, an official from the U.S. Treasury Department said at a webinar Tuesday.

  • August 04, 2020

    InterDigital Blasts 'Intertwined' Attys In Lenovo SEP Row

    InterDigital has urged a Delaware federal judge to reject a trade association's proposed amicus brief in an IP licensing fight Lenovo is waging against the company, arguing that the brief is a backdoor attempt by Lenovo to cram in additional arguments and make assertions that would contradict ones made in other litigation.

  • August 04, 2020

    Country Rapper Can't Avoid Suit Saying He Shot Up Paintings

    A country rap performer cannot escape a Florida artist's claim that he violated the federal Visual Artists Rights Act by shooting up two of his paintings with guns and making derogatory remarks about the artist on social media, a Florida federal judge said Monday.

  • August 04, 2020

    Canned Cocktail Co. Hits Texas Grocery Chain With IP Suit

    Supermarket chain H-E-B Grocery Co. LP has been hit with a trademark infringement suit by a wine and canned cocktails company that claims a canned grapefruit cocktail sold by the grocer is disparaging its brand.

  • August 04, 2020

    Apple, Broadcom Can't Shake Caltech's $1.1B IP Jury Win

    A California federal judge on Monday entered final judgment against Apple and Broadcom after the California Institute of Technology's $1.1 billion patent jury trial win, but held off on deciding Caltech's bid to double the damages until after the inevitable appeal in the case is concluded.

  • August 04, 2020

    Ex-Uber Exec Levandowski Gets 1.5 Years For Google IP Theft

    U.S. District Judge William Alsup sentenced bankrupt former Uber Technologies Inc. executive Anthony Levandowski to 18 months in prison Tuesday after he pled guilty to one count in a criminal case alleging he stole self-driving car trade secrets from his former employer Google, a crime the judge called "massive in scale."

  • August 04, 2020

    High Court Asked To Clear Up Copyrights For Characters

    A child development specialist is asking the U.S. Supreme Court to revive her copyright lawsuit against Walt Disney Co. over Pixar's animated hit "Inside Out," warning that circuit courts have created "chaos" over protection for fictional characters.

  • August 04, 2020

    Fed. Circ. Furthers Jury's Say Over Standard Essential Patents

    Judges don't get to decide whether patent claims are essential to an industry standard during claim construction, the Federal Circuit determined Tuesday in a precedential opinion as it upheld IP Bridge's Delaware trial win against Chinese smartphone maker TCL Communication.

  • August 04, 2020

    VC Funding For Pharma Declines After Patent Rule Changes

    Uncertainties in the U.S. patent system are causing venture capital funding to move away from pharmaceuticals, biotechnology and other sectors that are crucial to the country's national security and public safety, according to a new study.

  • August 04, 2020

    Netflix Scoffs At 'Barely Legible' Logo In 'Messiah' TM Suit

    Private prison operator The GEO Group Inc.'s trademark infringement and defamation lawsuit blows out of proportion Netflix's use of its logo in the fictional TV series "Messiah," the streaming giant told a Florida federal judge Monday, saying the logo is "barely legible" on a prison guard costume and vehicle.

  • August 04, 2020

    Neil Young Sues Trump Campaign For Using Songs At Rallies

    Rock star Neil Young launched a copyright lawsuit in Manhattan federal court Tuesday aimed at blocking President Donald Trump's reelection campaign from playing his songs at rallies, saying he would not let his music be used to support "ignorance and hate."

  • August 04, 2020

    Mylan Fights To Invalidate Novartis Blood Transfusion IP

    Mylan SAS fought back allegations that its planned generic version of a blood transfusion drug made by Novartis AG would infringe Novartis' exclusive rights, arguing that the pharmaceutical giant wasn't entitled to another extension after its protection under Europe's orphan drug program lapsed.

  • August 03, 2020

    VirnetX Calls Apple's Bid To Delay IP Retrial 'Fearmongering'

    An attorney for VirnetX told a Texas federal judge Monday that Apple's request to push back a $700 million in-person jury retrial over damages because of the COVID-19 pandemic is an attempt to delay the resolution of a decade-old patent infringement case and gain a tactical advantage.

  • August 03, 2020

    Sandoz Warns Fed. Circ. Enbrel Ruling Invites Patent Abuse

    Sandoz Inc. has asked the Federal Circuit to reconsider upholding two patents covering Amgen's top-selling biologic Enbrel, warning that the concerning panel ruling cleared an "unprecedented" 31 years of exclusivity.

Expert Analysis

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • Creating Enforceable Patents On Difficult-To-Detect Inventions

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    Patent portfolio managers can employ strategies for invention mining, application drafting and monetization when leveraging several recent federal court decisions showing that undetectability of infringement need not result in unenforceability, says attorney Jason German.

  • Pay-For-Delay May Need More Evidence After 3rd Circ. Ruling

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    The Third Circuit recently denied class certification for direct purchasers in In re: Lamictal, highlighting that average drug prices may not be sufficiently specific evidence to prove pay-for-delay, and may be misleading in cases with individual price negotiations, discounting and strategic pricing, say George Korenko and Tram Nguyen at Edgeworth Economics.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • What 18 Months Of IPR Stats Teach Us About Winning Appeals

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    A comprehensive review of over 300 Federal Circuit inter partes review opinions issued in 2019 and the first half of 2020 reveals the types of arguments that are likely to succeed, fail or be unceremoniously rejected in a Rule 36 affirmance, says Larry Sandell at Mei & Mark.

  • 5 Steps For Transitioning To A Permanent Remote Workforce

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    As more companies consider a permanent remote work model amid the COVID-19 pandemic, attorneys at Baker McKenzie provide an employment law blueprint to support the shift.

  • Frictionless Contracting In A COVID-19 Economy: Part 2

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    Companies looking to reduce legal spend during the COVID-19 crisis would do well to focus on the customer acquisition and contracting process, and explore various methods that could smooth contract execution while maintaining the desired level of legal protection, says Reece Clark at Polsinelli.

  • Despite 2nd Circ. Ruling, Discovery Statute's Reach Grows

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    The Second Circuit’s recent Guo ruling barring the use of cross-border discovery under Section 1782 in private, international commercial arbitration is the exception to the rule of broad circuit-level interpretation as this statute becomes an increasingly powerful tool for litigators, say attorneys at Dechert.

  • Opinion

    Calif. Pay-For-Delay Law Lacks Nuance

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    California's recently passed law governing so-called pay-for-delay settlements presumes reverse-payment settlements in Hatch-Waxman Act pharmaceutical litigation to be anti-competitive, which oversimplifies branded therapeutics competition and could discourage innovation, say Stephen Fink at Analysis Group and Anupan Jena at Harvard Medical School.

  • Opinion

    Dreamers Bring Important Perspective To Legal Industry

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    The U.S. Supreme Court recently ruled to preserve the Deferred Action for Childhood Arrivals program for the time being, and at this critical time in our nation's history, there are several actions that every law firm can take to increase the visibility of Dreamers, say Regina Calcaterra, Isidora Echeverria and Montserrat Lopez at Calcaterra Pollack.

  • Evolving Case Law Elucidates Atty Fees For Patent Litigants

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    Recent Federal Circuit and lower federal court decisions, when combined with the growing body of law on attorney fees under Section 285 of the Patent Act, give crucial insight on jurisdiction and what constitutes a "prevailing party" to litigants seeking and defending against attorney fees, say attorneys at Finnegan.

  • Frictionless Contracting In A COVID-19 Economy: Part 1

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    As consumption of digital products and services increases amid the pandemic, there is value in expanding the use of electronic terms of service agreements that expedite customer onboarding, and in understanding the long history of case law that supports such agreements, says Reece Clark at Polsinelli.

  • Helping Clients Overcome Financial Hurdles Mid-Litigation

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    In perilous economic times like these, abandoning litigation in progress could be a tempting cost-cutting measure for companies, but lawyers can help clients evaluate two alternative financial arrangements to stanch the bleeding from expenditures while preserving valuable litigation assets, say Charles Agee at Westfleet Advisors and Collin Cox at Yetter Coleman.

  • Litigation Strategies For When Trade Secret, Patent Converge

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    As statistics reveal that in recent years, the number of patent infringement lawsuits has decreased while the number of trade secret cases has risen, Vincent Ling at Munger Tolles offers key considerations for asserting or defending these overlapping IP rights during the pleading, discovery and trial stages.

  • Force Majeure Drafting Considerations For The Future

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    The COVID-19 crisis has had more than a few recipients of services take a hard look at what is a force majeure and what happens when one occurs, which may result in more nuanced contract clauses to address future events, says attorney Joe Lincoln.

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