Intellectual Property

  • September 29, 2022

    Womble Bond Adds Patent Pro From Conley Rose In Houston

    Womble Bond Dickinson has boosted its patent prosecution and litigation group in Houston with the addition of an attorney who brings a strong mechanical engineering background.

  • September 29, 2022

    Tinder Owner Hits Back At Insurer's Claim Argument

    Tinder owner Match Group urged a New York federal court to reject Beazley Underwriting's bid to toss Match's insurance coverage suit, saying a 2016 pre-litigation letter didn't count as a claim that required notice.

  • September 29, 2022

    Metro Bank Accused Of Stealing Coin Counting Software

    A company that makes software for coin counting machines has sued Metro Bank in a London court for more than £24 million ($26.6 million), claiming that Metro Bank shared its source code with another developer without permission.

  • September 29, 2022

    Duane Morris Atty To Lead Morgan Lewis IP Prosecution Team

    Morgan Lewis & Bockius LLP has hired a partner from Duane Morris LLP with experience helping Fortune 100 companies manage their domestic and foreign patent portfolios to lead a new technology-focused patent prosecution team from the firm's Silicon Valley office, the firm announced this week.

  • September 29, 2022

    NYC Allowed To Intervene In Cannabis Trademark Suit

    An intervenor complaint filed by the city of New York in a cannabis trademark suit can continue because it has plausibly alleged that a vendor who riffed on city logos has marks that are counterfeit under the Lanham Act, a federal judge has ruled.

  • September 29, 2022

    Xperi's IP Spinoff Names Chief Legal Officer

    Entertainment technology company Xperi Holding Corporation said Wednesday that when it completes the spinoff of its intellectual property licensing business, Adeia, on Oct. 1, Xperi's current chief legal officer will become Adeia's chief executive officer and Xperi's current general counsel for intellectual property will become Adeia's chief legal officer.

  • September 28, 2022

    Purdue Disclaims Software Patent, Ends Suit Against Google

    Purdue University's research foundation told a California federal judge it's dropping a patent infringement suit over Google app development software that can find errors in source code as it's being written after discovering that an article describing the invention was inadvertently published before the patent filing date.

  • September 28, 2022

    Vidal's Director Reviews Show Hands-On Approach With PTAB

    U.S. Patent and Trademark Office Director Kathi Vidal is closely monitoring the Patent Trial and Appeal Board, invoking her authority to review its holdings multiple times in an indication that she aims to be proactive in clearing up ambiguity, attorneys say.

  • September 28, 2022

    Investor Fights $4.4M Costs Award After Failed Venture

    An investor in a failed venture to develop a "revolutionary" chemical-manufacturing technology is urging a California court not to enforce a $5.79 million arbitral award issued to the venture's founders, arguing that a $4.4 million costs award included in the amount is "completely irrational."

  • September 28, 2022

    PTAB Told To Eject Intel From $2.2B Patent Challenges

    A patent licensing company that won a $2.18 billion jury verdict against Intel is again asking the Patent Trial and Appeal Board to block the microchip giant from continuing to participate in a legal challenge to the validity of the patents, arguing that Intel already passed on the chance to make that case to jurors in Texas last year.

  • September 28, 2022

    Texas Barge Co. Can't Escape Newsletter Copyright Suit

    A newsletter publisher that's accusing Houston-based barge company Kirby Inland Marine LP of sharing each edition to its employees despite having a subscription for only one user can move forward with its copyright infringement claims, a Texas federal judge ruled Wednesday.

  • September 28, 2022

    Spotify Knocks Out Advertising Tech Patent

    A New York federal judge has tossed a patent owner's infringement suit against streaming service Spotify over music advertisement technology, ruling Wednesday that the asserted patent is invalid since it covers an abstract idea.

  • September 28, 2022

    Fed. Circ. Says Licensing Co.'s Software IP May Be Inventive

    The Federal Circuit's top judge penned a precedential ruling on Wednesday that found a California federal judge was wrong to rule that a software patent covering a type of peer-to-peer network flunked the Supreme Court's Alice test.

  • September 28, 2022

    Ex-NASA Contractor Pleads Not Guilty In China Export Case

    A California man who worked for a NASA contractor pled not guilty Wednesday to violating U.S. export restrictions by covertly sending aeronautics software to a Beijing university, a federal charge that carries a possible 20-year prison sentence.

  • September 28, 2022

    Startup Hits Back At Apple's 'Props' Argument In Patent Case

    A startup company that alleged Apple's AirPods infringed a pair of patents has fired back at the tech giant's attempt to stop the startup's attorneys from showing up at a retrial armed with "props," saying Apple is trying to "police" how the startup's attorneys keep documents at their table.

  • September 28, 2022

    SmartSky Loses Preliminary Injunction Request In 5G IP Fight

    A Delaware federal judge won't temporarily block in-flight broadband internet provider Gogo Inc. from going ahead with its 5G system launch while a patent infringement suit from SmartSky Networks LLC plays out in court.

  • September 28, 2022

    Novartis Gets Counterclaims Cut From Heart Drug Patent MDL

    A Delaware federal judge has thrown out declaratory judgment counterclaims lodged against Novartis by two generic-drug makers in multidistrict patent litigation over Novartis' heart medication Entresto, determining that the court lacks subject matter jurisdiction.

  • September 28, 2022

    Littler Lands Trade Secrets, E-Discovery Talent In 2 Offices

    Labor and employment firm Littler Mendelson PC continues its expansion by adding two attorneys as shareholders — a Singer Cashman LLP trade secrets expert in San Francisco and an Ogletree Deakins Nash Smoak & Stewart PC e-discovery pro in Kansas City, Missouri.

  • September 28, 2022

    Sneaker-As-Art Argument Divides 2nd Circ. In Vans TM Case

    A Second Circuit panel pondered Wednesday whether a Brooklyn art collective's "Wavy Baby" sneaker infringes Vans Inc.'s "Old Skool" shoe trademarks, with one judge envisioning protected parody speech by the collective and a second seeing run-of-the-mill marketplace infringement.

  • September 28, 2022

    Womble Bond Adds DC Partner Amid Patent Hiring Spree

    Womble Bond Dickinson has hired a veteran patent attorney who focuses on chemical-related technologies as a partner in its Washington, D.C., office, continuing a string of additions to its intellectual property practice this year, according to a firm announcement.

  • September 28, 2022

    Texas Inventor Appeals Malpractice Case Against Hunton

    An inventor who claims lawyers with Hunton Andrews Kurth LLP mishandled a patent prosecution about a decade ago is asking a Texas appellate court to review rulings by a Harris County trial judge that let the firm off the hook.

  • September 28, 2022

    Teva Says Novartis Is 'Shielding' MS Drug IP From Challenges

    Generic-drug giant Teva Pharmaceuticals has accused Novartis of withdrawing infringement proceedings to "shield" the validity of a pending patent linked to its blockbuster multiple sclerosis drug from being challenged in the English courts.

  • September 27, 2022

    Fed. Circ. Won't Halt Gilenya Generics During Novartis Appeal

    The Federal Circuit on Tuesday declined Novartis Pharmaceuticals' request to stay the mandate in the court's recent decision that the patent covering multibillion-dollar multiple sclerosis drug Gilenya is invalid while the company seeks U.S. Supreme Court review.

  • September 27, 2022

    Fed. Circ. Temporarily Pauses Launch Of Generic Lexiscan

    The Federal Circuit imposed a temporary stay Tuesday that blocks Pfizer from launching a generic version of the coronary artery test Lexiscan, even though a Delaware federal judge ruled earlier this year that the new drug wouldn't actually infringe any patents Gilead has on Lexiscan.

  • September 27, 2022

    Monster Asks Jury For $297M Over VPX's Super Creatine 'Con'

    An attorney for Monster Energy Co. urged a California federal jury Tuesday during closing arguments to award the company over $297 million from Vital Pharmaceuticals Inc. after a trial largely focused on claims that Vital falsely advertised super creatine, while Vital's attorney said the case suffers a "fatal problem of proof."

Expert Analysis

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

  • Opinion

    Congress Should Rescue The ACPA From Irrelevance

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    A circuit split underscores the need for Congress to amend the Anti-Cybersquatting Consumer Protection Act to include reregistration in accordance with statutory language, legislative intent and sound public policy, says Baraa Kahf at Knobbe Martens.

  • A Path To Take Tech-Transfer Assets To Secondary Markets

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    The well-established asset class of intellectual property-backed technology license receivables has been largely ignored by securitization professionals, but that should change, says consultant Christopher Leisner.

  • Practical E-Discovery Lessons From The Alex Jones Case

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    The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

  • The Perils Of Russian Doll Copyright Infringement

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    Graffiti artist OG Slick's federal lawsuit against game maker Top Trumps USA illustrates the risks of a copyright within another copyright, and businesses should be advised on the risks of incorporating potentially infringing material in the background of photos or videos, says William Honaker at Dickinson Wright.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

  • What May Lie Ahead For ITC Trade Secret Claims

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    As more employees have switched jobs in recent years, a surge in trade secret claims at the U.S. International Trade Commission may be around the corner, and their outcome could turn on the misappropriation standard developed in the commission’s Bone Cements decision last year, say Daniel Muino and Caroline Pohl at MoFo.

  • Opinion

    ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • The Fed. Circ. In August: Considerations In Assignor Estoppel

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    Potential assignees of patent rights can take steps now to help insulate patent claims from later invalidity challenges, following the Federal Circuit's recent affirmation of assignor estoppel in its holding that Minerva Surgical can't invalidate a Hologic patent for which its own founder was an inventor, say Ben Katzenellenbogen and Paul Stewart at Knobbe Martens.

  • When To Object During Opening And Closing Statements

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    Many attorneys struggle with the determination of whether they should object to improper statements or comments during opening and closing arguments, and while it's more of an art than a science, several state appellate court decisions offer guidance, says Timothy Freeman at Tanenbaum Keale.

  • Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

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    The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

  • F-Word TM Ruling Highlights Key Defect Of Salacious Terms

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    The Trademark Trial and Appeal Board’s recent refusal to let streetwear designer Erik Brunetti trademark the F-word reinforces the precept that scandalous or not, a mark can't be registered if it does not point uniquely to the applicant as the source of the goods or services, says Jane Shay Wald at Irell.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

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