Intellectual Property

  • September 13, 2021

    Judge Opposes Firm's Bid To Halt Timeshare Co.'s 'Sham' Suit

    A Florida federal magistrate judge has recommended that a Missouri law firm's request to block timeshare company Bluegreen Vacations' lawsuit against the firm as a sham be denied, based on her conclusion that the firm failed to show it is likely to prevail on an antitrust counterclaim.

  • September 13, 2021

    Recur Raises $50M To Bring NFTs To College Sports

    Nonfungible token platform Recur said Monday it raised $50 million in its first major funding round as it works to build a platform for NFTs linked to college sports.

  • September 13, 2021

    MVP: DLA Piper's Tamar Duvdevani

    Tamar Duvdevani led a DLA Piper team that helped Dr. Seuss Enterprises score a precedential reversal from the Ninth Circuit, which ruled that a comic book mashup of Dr. Seuss and "Star Trek" was not protected by copyright law's fair use doctrine, earning her a spot as one of Law360's 2021 Intellectual Property MVPs.

  • September 13, 2021

    Koss' Headphone Patents Face Alice Challenge In Calif.

    The electronics company Plantronics Inc. wants a California federal judge to rule that patents owned by headphone maker Koss Corp. are invalid under the U.S. Supreme Court's Alice ruling after getting the case transferred out of the Western District of Texas.

  • September 13, 2021

    Law360's Glass Ceiling Report: What You Need To Know

    Law firms are facing renewed calls to step up their efforts on equity and inclusion. But when it comes to closing the gender gap, law firms still have a long way to go, our annual survey shows.

  • September 13, 2021

    Nokia Can Serve 3G IP Claims Against Oppo Group In China

    A London court has given Nokia permission to serve its patent infringement claims in China over 3G technology against electronics giant OnePlus and several other telephone makers.

  • September 10, 2021

    Judge Doubts GM's Bid To Block Ford's 'BlueCruise' Brand

    A California federal judge appeared skeptical Friday of General Motors' request for a preliminary injunction blocking Ford Motor Co. from using "BlueCruise" to describe its automated driving features, saying the likelihood that GM would win its case is "unclear" and there's "substantial evidence" that the word "cruise" has been used generically.

  • September 10, 2021

    Infineum Asks Justices For Patent Do-Over Under Arthrex

    Infineum has asked the U.S. Supreme Court for a shot under the recent Arthrex decision to ask the patent office director to overturn the invalidation of its motor oil patent, saying the Federal Circuit's contrary ruling rests on a "fundamental misapplication" of the law.

  • September 10, 2021

    Fed. Circ. Won't Stop NY Judge From Narrowing Printer IP Suit

    The Federal Circuit on Friday declined to intervene in a bid by a Nebraska-based youth sports company to fight a New York federal judge's order to limit the number of patents related to printer and copier technology it can assert against Xerox Corp.

  • September 10, 2021

    Despite 'Concerns,' Fed. Circ. Won't Ax OnePlus WDTX Cases

    The Federal Circuit on Friday said it had "concerns" about the procedures Western District of Texas Judge Alan Albright used to allow a patent owner to serve Chinese smartphone maker OnePlus with five infringement complaints, but refused to order him to throw out the cases.

  • September 10, 2021

    Brand Battles: James Beard Starts 'Good Food' TM Fight

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the James Beard Foundation is trying to block a food rescue and hunger prevention charity's trademark application for the phrase "Good Food for Good People" — plus four other cases you need to know about.

  • September 10, 2021

    9th Circ. Revives Copyright Fight Over Indy Skyline Image

    The Ninth Circuit is reviving a copyright lawsuit filed by an attorney who has filed hundreds of such cases over a photo of the Indianapolis skyline, rejecting what it called a "strained reading" of the so-called de minimis use defense.

  • September 10, 2021

    Roku Remote Control Infringement Ruling To Get ITC Review

    The U.S. International Trade Commission said Thursday it will review parts of a judge's July ruling holding that Roku's older television remote controls infringe a Universal Electronics patent and is seeking public comment on whether it should exclude Roku's products from being imported if infringement is found.

  • September 10, 2021

    Breaking IP Barriers: Q&A With Akin Gump's Rubén Muñoz

    Rubén H. Muñoz came to the U.S. for college with only a basic knowledge of English, but the universal language of science and math led him on a path toward intellectual property law. Now the partner in charge of Akin Gump Strauss Hauer & Feld LLP's Philadelphia office, he uses his experience to encourage more Latino attorneys to thrive in IP.

  • September 10, 2021

    Fed. Circ. Affirms FanDuel's Alice Patent Win

    The Federal Circuit has affirmed FanDuel's win that a Delaware federal judge had labeled a "jackpot" victory against CG Technology Development's mobile device patent infringement claims.

  • September 10, 2021

    Fla. Judge Recommends $600K In Fees For Commodores Suit

    A Florida magistrate judge on Thursday recommended a court award of more than $600,000 in fees and costs to attorneys at Trenam Kemker for their representation of the remaining members of the Commodores in their more than six-year trademark battle against former lead guitarist Thomas McClary.

  • September 10, 2021

    IP Hires: Snell & Wilmer, Coin Metrics, Mammoth Biosciences

    Snell & Wilmer brought on a former Eversheds Sutherland patent lawyer to the firm's growing San Diego office, while crypto financial intelligence firm Coin Metrics tapped Refinitiv Americas' former top attorney as general counsel. Here are the details on these and other notable hires.

  • September 10, 2021

    China's Top Court Affirms Right To Set Global FRAND Rates

    China's top court has affirmed that a lower court had jurisdiction to set global licensing rates for 3G and 4G standard essential patents in an intellectual property dispute involving a Chinese mobile phone manufacturer and Japan-based Sharp Corporation, according to an unofficial copy of the decision and interviews with IP experts.

  • September 10, 2021

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

    This past week in London has seen DLA Piper sue a private equity firm, U.K. pharmacy giant Boots facing a mass equal pay claim, and Quinn Emanuel Urquhart & Sullivan UK LLP targeted by a Russian billionaire. Here, Law360 looks at those and other new claims in the U.K.

  • September 10, 2021

    MVP: Keker Van Nest's Robert Van Nest

    Robert Van Nest of Keker Van Nest & Peters LLP has secured major victories for high-profile tech clients, including Google in a multibillion-dollar copyright lawsuit brought by Oracle over the Android platform, earning him a spot as one of Law360's 2021 Intellectual Property MVPs.

  • September 09, 2021

    Fed. Circ. Won't Eye Appeal Over Post-IPR Invalidity Argument

    The Federal Circuit on Thursday refused to take up lighting manufacturer DMF Inc.'s appeal of a California federal judge's decision allowing an accused infringer to make an invalidity argument similar to the one it unsuccessfully made to the Patent Trial and Appeal Board.

  • September 09, 2021

    Fed. Circ. Backs Post-Grant Review Axing Air Mattress Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that struck down an air mattress patent challenged by Intex, finding that the board correctly found that the patent qualified for post-grant review and was invalid for being indefinite.

  • September 09, 2021

    Sonos Tells ITC Not To OK 'Trivial' Google Patent Redesigns

    Sonos has urged the U.S. International Trade Commission to reject a judge's finding that while current Google products infringe the speaker maker's patents, revamped versions do not, saying that blessing Google's "trivial" and "half-baked" software redesigns will undermine patent owners' faith in the ITC "forever."

  • September 09, 2021

    HHS Targets Drug Prices In New Proposal

    The U.S. Department of Health and Human Services said Thursday it wants federal lawmakers to work on reducing prescription drug costs in part by allowing Medicare to negotiate drug prices.

  • September 09, 2021

    Google Won't Seek Dismissal Of Epic, AG Play Store Suits

    Google will face four antitrust complaints from state attorneys general and private plaintiffs including Epic Games head on, confirming to a California federal judge Thursday that it has abandoned a prior strategy of trying to get allegations over its Play Store policies dismissed.

Expert Analysis

  • A Legal Primer On Social Tokens

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    Social tokens, a new class of blockchain-based assets that celebrities and brands can use to connect with fans and consumers, hold great promise — but their value may be volatile, and issuers must understand the advertising, contractual and intellectual property issues that come with them, says Hannah Taylor at Frankfurt Kurnit.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Ensuring Patent Subject Matter Eligibility For Blockchain Tech

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    In order to survive subject matter eligibility challenges of patent filings for blockchain-related emerging technologies, practitioners should highlight technical features implementing novel applications and avoid drafting applications that could be interpreted as routine and conventional business practices performed via blockchain, says Drew Schulte at Perkins Coie.

  • NFTs May Come With Rewards, But Also Legal Risks

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    While some buyers of nonfungible tokens are experiencing enormous returns on their investments, those just entering the market should proceed with caution, and be sure to understand the risks related to contracts, taxation, intellectual property and money laundering regulations, says Anne-Laure Alléhaut at Patterson Belknap.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

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    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Opinion

    FTC Should Take Nuanced Approach On Noncompete Regs

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    In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • A Practical Metric For Annual Patent Filing Targets: Part 3

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    Using the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, U.S. companies can factor in expected costs for preparing and filing foreign patent applications to outline a portfolio management budget, say Michael Sartori and Matthew Welch at Baker Botts.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    High Court NCAA Antitrust Ruling Will Not Help Naomi Osaka

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    Although the U.S. Supreme Court's recent NCAA v. Alston decision, that restrictions on student-athlete compensation violate antitrust laws, might enable tennis player Naomi Osaka to challenge professional women's tennis's post-match interview rule, a closer examination suggests that this theoretical antitrust claim would fail, says Jack Lerner at Levin & Glasser.

  • Divide On Standing In Patent Cases Needs Fed. Circ. Guidance

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    As district courts continue to issue conflicting rulings on whether exclusionary rights are necessary for standing to sue under the Patent Act, and until the Federal Circuit issues much-needed guidance, courts and practitioners should enforce a clear distinction between analysis of constitutional and statutory standing, says Kylie Kim at Kellogg Hansen.

  • ITC Already Has Authority Offered By Trade Secret Misuse Bill

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    The bipartisan SECRETS Act bill appears to provide a new way to combat international trade secret theft, but it overlooks the U.S. International Trade Commission's existing comparable authority and raises questions on how the Biden administration would use the ITC to pursue global policy priorities, say attorneys at Ropes & Gray.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

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