Intellectual Property

  • July 26, 2021

    Chancery Denies Fast Track For Iconix Tender Offer Suit

    Delaware's chancellor on Monday denied a proposed class request to fast-track a preliminary injunction bid targeting Iconix Brand Group Inc.'s proposed $585 million go-private acquisition by Lancer Capital LLC, rejecting arguments that the deal violated corporate anti-takeover provisions.

  • July 26, 2021

    GM Rips Ford, Saying It Infringed Self-Driving Car Brand

    General Motors LLC accused Ford Motor Co. of brazenly co-opting the brand of its self-driving car unit Cruise when Ford recently unveiled the “BlueCruise” brand for its hands-free driving system, according to a new California federal lawsuit filed Friday.

  • July 26, 2021

    Buchalter Adds 2 Attorneys To Orange County Office

    Buchalter PC has hired two attorneys to work in its litigation and corporate practice groups in its Orange County, California, office.

  • July 26, 2021

    Google Gets PTAB To Review Electronic Bill Payment Patent

    The Patent Trial and Appeal Board has agreed to institute post grant review of a patent RFCyber accused Google of infringing in Texas federal court, rejecting an argument that parallel litigation is so far along that the board should discretionarily deny the petitions.

  • July 26, 2021

    Allergan Hits Generic Cos. With Patent Suits Over Viberzi

    Allergan USA Inc. has filed patent infringement suits in Delaware federal court to stop a number of Indian competitors from making generic versions of its irritable bowel syndrome drug Viberzi.

  • July 26, 2021

    Discovery Violations Net Sanctions In Incense Biz TM Suit

    A Georgia federal judge permanently barred air freshener companies from using marks claimed by a competitor, a ruling handed down as a sanction for what the court found were intentional and repeated discovery violations.

  • July 26, 2021

    Sky Gets Bad Faith Trademark Ruling Nixed On Appeal

    Sky Ltd. did not act in bad faith by registering broad coverage trademark protections for computer services, given that the British telecommunications giant has a substantial software business, an English appeals court ruled Monday.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 23, 2021

    US Drops 5 Visa Fraud Suits Against Chinese Scholars

    The federal government on Thursday and Friday filed for the dismissal of five visa fraud suits against Chinese researchers accused of being a part of an orchestrated program by the Chinese government to send military scientists to the U.S.

  • July 23, 2021

    IP Hires: Aeglea BioTherapeutics, Copyright Claims Board

    Clinical-stage biotech firm Aeglea BioTherapeutics has brought on Viela Bio's top attorney to serve as its new general counsel, while three attorneys have been tapped to preside over the new Copyright Claims Board. Here are the details on these and other notable hires.

  • July 23, 2021

    PTAB Won't Wait For Ill. Case To Review IP For Motorola

    The Patent Trial and Appeal Board has agreed to review two portable device patents being challenged by Motorola, rejecting a bid from their holder Ironworks Patents LLC for the board to deny the petitions in light of the parallel litigation in Illinois federal court.

  • July 23, 2021

    Brand Battles: Warner Bros. Rips 'Golden Ticket' Animal Feed

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. wants to stop dairy giant Land O'Lakes' Purina brand from registering the term "Golden Ticket" as a trademark, citing its "Willy Wonka" films — plus four other new cases you need to know.

  • July 23, 2021

    Conspiracy, Competition Claims Stay In Law Firm Site Row

    An Illinois federal judge has refused to toss state court conspiracy, interference and unfair competition claims from a law firm's suit claiming a suburban Chicago rival conspired to redirect prospective clients to its own website.

  • July 23, 2021

    Air Taxi Startup Beats 'Catastrophic' IP Injunction

    An air taxi startup avoided a "potentially catastrophic" blow to its $3.8 billion deal with a special purpose acquisition company after a California federal judge refused to grant an injunction in its intellectual property battle with a Boeing-backed rival.

  • July 23, 2021

    Fed. Circ. Ruling Breathes New Life Into Fracking Patent

    The Federal Circuit on Friday gave a U.S. Silica subsidiary another chance to save claims in a hydraulic fracking technology patent it licenses that had been axed by the Patent Trial and Appeal Board as obvious.

  • July 23, 2021

    Mass. Judge Axes Indefinite Philips Patent In Fitbit Suit

    A Massachusetts federal judge invalidated as indefinite a Philips health-monitoring patent challenged by Fitbit Inc., despite finding that "a reasonably bright high-school student" could figure out the patent's bounds.

  • July 23, 2021

    2nd Circ. OKs $100K Sanction Against 'Copyright Troll'

    The Second Circuit on Friday upheld more than $100,000 in sanctions against a New York attorney labeled a "copyright troll," citing the lawyer's "ignominious record" of disciplinary problems.

  • July 23, 2021

    Drag Racing Co. Ends IP Suit Over Fuel Injectors

    A drag racing enthusiast dropped a patent infringement suit against a Brazilian auto parts supplier he accused of stealing his design for high-performance fuel injectors that he says set speed records worldwide.

  • July 23, 2021

    Game Cos. Settle EDTX 'Clash of Clans' Patent Lawsuits

    Japanese game maker Gree Inc., which has won more than $100 million in two Eastern District of Texas trials against rival "Clash of Clans" maker Supercell Oy, has settled a series of lawsuits that alleged Supercell infringed 27 patents, according to court filings.

  • July 23, 2021

    Porn Co. Settles Vineyard Artist's IP Suit On Eve Of Trial

    An adult film producer has settled claims that it secretly used a Martha's Vineyard rental property to shoot nearly a dozen full-length flicks whose frames captured the homeowner's copyrighted artworks, averting what would have been a salacious jury trial.

  • July 23, 2021

    Black IP Atty Asks Justices To Rule Title VII Covers Partners

    A Black attorney who said she faced sexist and racist backlash after she complained about the way intellectual property firm Myers Bigel PA treated women is urging the nation's highest court to hold that Title VII — the cornerstone federal workplace discrimination law — can cover law firm shareholders.

  • July 23, 2021

    Google Gets PTAB To Ax Uniloc Digital Camera Patent

    The Patent Trial and Appeal Board has invalidated four claims in a Uniloc patent covering a method for creating a high resolution digital image from a series of lower resolution pictures in a challenge brought by Google.

  • July 23, 2021

    Breaking IP Barriers: Q&A With Fish's Ahmed Davis

    When Fish & Richardson PC principal Ahmed J. Davis was clerking at the Federal Circuit 20 years ago, he saw no Black attorneys argue a patent appeal. But with the support of outside communities, he became a top litigator in the field who guides others to follow his path.

  • July 23, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen HSBC and Danske Bank targeted with contract claims, a Lloyd's of London broker sued by a Hungarian insurer and Daimler facing more claims from car owners. Here, Law360 looks at those and other new claims filed in the U.K.

Expert Analysis

  • Fed. Circ. Raytheon Ruling Shifts Obviousness Analysis

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    The Federal Circuit's recent decision in Raytheon v. General Electric collapses distinctions between prior art analyses for anticipation and single-reference obviousness, shedding light on enablement requirements for invalidating patent claims, says John Nilsson at Arnold & Porter.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Thorny Issues Posed By WTO Vaccine Patent Waiver

    Excerpt from Practical Guidance
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    The U.S. government's talks with World Trade Organization member states on waiving certain intellectual property rights for COVID-19 vaccines present complex questions with regard to pharmaceutical industry barriers to entry, existing mechanisms for transfer of vaccine technology and long-standing international treaty obligations, says Catriona Collins at LexisNexis.

  • How Standard-Setting Orgs Can Curb Patent Litigation

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    Standard-setting organizations should solve the burgeoning standard-essential patent litigation pandemic by emulating a successful solution from 2012 and introducing greater clarity into fair, reasonable and nondiscriminatory policies, say Michael Carrier at Rutgers Law School and Brian Scarpelli at ACT.

  • Opinion

    Transparency More Crucial Than New FRAND Royalty Methods

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    Although two recently proposed alternative valuation frameworks for fair, reasonable and nondiscriminatory royalties for standard-essential patents could be more useful than conventional approaches, reformers would do better, for now, to concentrate their efforts at improving licensing transparency, says Thomas Cotter at the University of Minnesota Law School.

  • E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets

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    As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law is not firmly established on whether these inadvertent disclosures may damage trade secret protections — a legal issue especially relevant in the video game industry, say Carolyn Martin and Robert Piper at Lutzker & Lutzker.

  • High Court Could Deter 'Copyright Trolls' In H&M Case

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    If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application — without intent to defraud — will invalidate the registration, which could disincentivize frivolous lawsuits, say Lauren Katzenellenbogen and Adam Aquino at Knobbe Martens.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • How Legal Profession Can Help LGBTQ Patent Attys Thrive

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    Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

  • What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

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    The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

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