Intellectual Property

  • September 18, 2020

    IP Hires: K&L Gates, Kirkland, White & Case

    K&L Gates, Kirkland and White & Case are the latest firms to bolster their intellectual property practices, bringing on partners they snapped up from Knobbe Martens, Winston & Strawn and Fish & Richardson. Here are the details on their newest IP hires. 

  • September 18, 2020

    'Clash Of Clans' Game Maker Owes $8.5M, Texas Jury Says

    A Texas federal jury on Friday morning found the company behind the wildly popular "Clash of Clans" mobile game infringed at least one claim of five patents held by Japanese game maker Gree Inc. and awarded Gree a lump sum of $8.5 million in damages, according to a jury verdict form.

  • September 17, 2020

    3rd Circ. Won't Upset Microsoft Win In 'Gears Of War' Suit

    The Third Circuit refused to revive a former professional wrestler's lawsuit alleging Microsoft Inc. stole his likeness to create a character in its popular Gears of War video game, deciding Thursday that even if the athlete was the inspiration for the character, his claim is barred by the First Amendment.

  • September 17, 2020

    Citing Pandemic, Judge Delays Cutsforth IP Trial To May 2021

    Citing the COVID-19 pandemic, a Pennsylvania federal judge has pushed back a patent infringement jury trial involving Cutsforth Inc. that had been set for next month until May of next year, adding that the case will remain closed until "restrictions necessitated by the virus have lapsed."

  • September 17, 2020

    Coalition Joins Growing Effort To Improve Inventor Diversity

    A coalition of universities, corporations, nonprofits and think tanks announced the launch of a new initiative Thursday that will tackle a lack of diversity in the patent process, the latest development in a growing movement to address the problem.

  • September 17, 2020

    Bristol Myers, Dr. Reddy's Settle Revlimid Patent Suits

    Bristol-Myers Squibb unit Celgene will permit Dr. Reddy's Laboratories Ltd. to sell a generic version of its cancer drug Revlimid on a limited basis after March 2022 and then an unlimited amount in 2026, under a deal unveiled Thursday in Celgene's New Jersey federal suits alleging the Indian drugmaker infringed its patents.

  • September 17, 2020

    K&L Gates Snaps Up Calif. IP Pro From Knobbe Martens

    K&L Gates LLP has boosted its bench of intellectual property partners in California by hiring a longtime Knobbe Martens attorney with experience working for clients in the life sciences arena.

  • September 17, 2020

    Big Money On Campus: Athletes Seek Cut Of NCAA's Riches

    What happens when college athletes can be paid for the use of their names, images and likenesses? The NCAA is about to find out.

  • September 17, 2020

    PTAB Says Inability To Pay Legal Fees No Reason To Deny IPR

    The Patent Trial and Appeal Board has agreed to review Dareltech LLC's "selfie stick" patent, rejecting the company's argument that since it can't afford to pay for counsel, Microsoft's inter partes review challenge should be denied.

  • September 17, 2020

    Rimon Picks Up Int'l Arbitration Pro From Akin Gump

    Rimon PC announced that an international arbitration partner has joined the firm's Washington, D.C., office from Akin Gump Strauss Hauer & Feld LLP.

  • September 17, 2020

    Amazon Can't Silence Suit Over Voice Software Patents

    Amazon can't escape a patent lawsuit over its Echo and Alexa products after a Delaware federal judge found that claims in Voicebox's voice software patents it's being sued over were not invalid for covering an abstract idea.

  • September 17, 2020

    Mobile Game Biz Wants $24.6M In 'Clash Of Clans' Patent Trial

    The company behind the wildly popular "Clash of Clans" mobile game should pay up to $24.6 million for past infringements on five patents held by its foe, Japanese game maker Gree Inc., Gree told a Texas federal jury Thursday.

  • September 17, 2020

    Netflix Says 'Tiger King' TM Claims Are Barred By Free Speech

    Netflix is asking a California federal judge to toss out trademark infringement accusations filed by a magazine that claims it coined the name "Tiger King" when it profiled zookeeper Joe Exotic, saying they are clearly barred by the First Amendment.

  • September 17, 2020

    Copyright Fight Over Leaked Nicki Minaj Song Headed To Trial

    A California federal judge ruled Wednesday that rapper Nicki Minaj was protected by copyright's fair use doctrine when she privately "experimented" with sampling a song by Tracy Chapman, but left it undecided whether she was legally responsible for the track getting leaked to a radio station.

  • September 17, 2020

    Soccer Superstar Wins 'Messi' Match To Score EU Trademark

    Soccer sensation Lionel Messi scored an intellectual property win on Thursday as Europe's top court held that the Barcelona team captain's international notoriety would distinguish his namesake logo from another EU trademark used by the Spanish cycle and sportswear company Massi.

  • September 16, 2020

    New Apple, Intel Patent Complaint Even Worse, Fortress Says

    Apple and Intel's new complaint alleging that Fortress Investment Group LLC is orchestrating an anti-competitive patent aggregation scheme has even more flaws than the previous iteration that was dismissed in July, the investment management firm argued in a California federal court dismissal bid Tuesday.

  • September 16, 2020

    Natera Fights Illumina's Bid To Invalidate DNA Testing Patent

    Natera Inc. pushed back Wednesday against Illumina Inc.'s assertions that Natera's patent covering fetal DNA testing technology for detecting Down syndrome was invalid in light of the prior art, contending that Illumina raised an argument during the remote hearing before the Patent Trial and Appeal Board that wasn't in its petition.

  • September 16, 2020

    Gilstrap Kicks Google Trial To Nov. After Virus Delay Bid

    U.S. District Judge Rodney Gilstrap has delayed to Nov. 2 a patent trial against Google LLC scheduled for Oct. 1, declining the search giant's pandemic-focused bid to delay the proceedings two extra months, according to a notice in an associated Federal Circuit appeal Wednesday.

  • September 16, 2020

    SDNY Judge Says She's 'DONE' With Serenity, Ferring IP Case

    Manhattan's top federal judge on Wednesday rejected a request by Serenity Pharmaceuticals to amend a recent judgment in a patent case that went in favor of rival drugmaker Ferring Pharmaceuticals, with the seemingly exasperated judge saying she is "DONE" with the case.

  • September 16, 2020

    USPTO Defers Fees On COVID-19 Provisional Applications

    The U.S. Patent and Trademark Office said Wednesday that inventors attempting to obtain patents for products to fight COVID-19 will be able to put off having to fork over certain application fees under a new agency program. 

  • September 16, 2020

    W.Va. Ax Of Biogen MS Drug Patent Binds Del. Litigation

    A Delaware federal judge on Wednesday said she's bound by a June decision from West Virginia invalidating a patent covering Biogen's blockbuster multiple sclerosis drug Tecfidera, even though she presided over a trial on the patent's validity in December.

  • September 16, 2020

    CBD Co. Can't Avoid Stock-Drop Suit, Shareholder Says

    A shareholder behind a derivative suit against executives of CBD company CV Sciences has urged a California federal judge to keep the suit alive, pointing to another judge's ruling allowing a nearly identical case to go forward.

  • September 16, 2020

    Trend Micro Loses Bid to Nix Rival's Computer Security Patent

    The Patent Trial and Appeal Board has upheld 11 claims in a CUPP Computing AS computer security patent challenged by Japanese cybersecurity company Trend Micro Inc., finding that the petitioner failed to show they were invalid as obvious in light of existing inventions.

  • September 16, 2020

    Calif. Co. Accuses Canadian Rival Of Infringing Solar Cell Tech

    A California energy company has asked the U.S. International Trade Commission to launch an investigation into solar cell imports, alleging that a Canadian competitor is copying its manufacturing process for shingled solar cells.

  • September 16, 2020

    Renamed Country Band 'Lady A' Hit With Fresh TM Suit

    A longtime blues singer fired back Tuesday against a lawsuit launched by the popular country band formerly known as Lady Antebellum over the "Lady A" moniker, slapping them with a countersuit in Washington federal court that claims the trio has "usurped" her name and caused her to lose business.

Expert Analysis

  • What 11th Circ. Guitar Ruling Means For Copyright Litigants

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    The Eleventh Circuit's recent decision in Webster v. Dean Guitars, highlighting the rule that copyright ownership claims accrue only once under the statute of limitations, provides another tool in defendants' arsenal to eliminate copyright claims and teaches a valuable lesson in actively enforcing one's intellectual property, say attorneys at Finnegan.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

  • Series

    BigLaw Cannot Reap Diversity Rewards Without Inclusion

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    BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

  • Series

    Advancing Racial Justice In The Legal Industry And Beyond

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    In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

  • Series

    How Law Firms Can Hire And Retain More Black Attorneys

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    The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

  • Series

    Ideas For Closing BigLaw's Diversity Gap

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    If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

  • Safeguarding Software IP During And Beyond The Pandemic

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    With software piracy increasing 20%-30% since stay-at-home orders were issued, a data-driven analytical approach supported by anti-piracy technology and robust license compliance enforcement programs can enable companies to remediate illegal software use and protect valuable intellectual property, says Denise Mingrone at Orrick.

  • A Guide To West Texas Patent Cases Before Albright: Part 2

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    Statistical analysis of Judge Alan Albright's 38 rulings on three types of motions to dismiss — including pleading standard, patent invalidity, and willful and indirect infringement — in the increasingly popular Western District of Texas will enable parties to better evaluate potential motions, say attorneys at WilmerHale.

  • Guest Feature

    Diversity Work Doesn't Have To Be Reserved For Partners

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    Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

  • 1st Circ. Ruling Is Cautionary Trade Secret Tale For Employers

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    The First Circuit’s recent rare decision to overturn a trade secret misappropriation verdict and invalidate a nondisclosure agreement in TLS Management v. Rodriguez-Toledo reminds employers of the high bar for asserting misappropriation claims, and of the need for narrowly tailored restrictive covenants, says Dawn Mertineit at Seyfarth.

  • 4 Opportunities For Mediators To Settle Big-Dollar Cases

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    A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

  • Patent Drafting Lessons From Fed. Circ. Driveshaft Case

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    The recent Federal Circuit decision invalidating American Axle's car driveshaft patent for failure to properly recite patent-eligible subject matter highlights the need for patent applicants to make a good impression on judges, patent examiners and other specialists making crucial eligibility decisions, say Ngai Zhang and Drew Schulte at Pillsbury.

  • Remote Proceedings Bring New Wrinkles For Court Records

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    Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

  • Texas Trade Secret Case Spotlights Our Judicial Safeguards

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    A recent appellate argument in the Texas trade secret dispute Title Source v. HouseCanary — that the trial court's inclusion of a single jury question based on two unsupported theories was reversible error — demonstrates how the judicial system, with its layers of safeguards and appellate review, should work, says Derek Dahlgren at Devlin Law Firm.

  • Foreign Income Regs Provide Some Clarity But Issues Remain

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    The U.S. Department of the Treasury recently released final regulations on global intangible low-taxed income and foreign-derived intangible income that largely addressed the numerous technical issues plaguing these sections but left the high GILTI rate and other substantive problems unresolved, says Robert Kiggins at Culhane Meadows.

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