Intellectual Property

  • August 08, 2019

    Chancery Halts Early Appeal Of Chase's $69M IP Royalty Bid

    The Delaware chancellor on Wednesday denied patent licensing firm DataTreasury's request to appeal his July decision to allow Chase Bank's bid to recover a $69 million court-ordered royalty refund to proceed, ruling there is no need at this time for the Delaware Supreme Court to weigh in on Chase's suit.

  • August 08, 2019

    BladeRoom's $21M Fee Bid For IP Win Sent To Special Master

    A California federal judge said Thursday he’ll appoint a special master to review BladeRoom's billing records and decide whether Emerson Electric Co. owes the data center manufacturer $21 million in attorney fees after a jury found the company used stolen trade secrets to land a $200 million Facebook contract.

  • August 08, 2019

    'My Grandmother Could Have Filed This,' Valeant Judge Says

    A California federal judge appeared skeptical Thursday that an attorney is entitled to bring a whistleblower False Claims Act suit alleging Valeant Pharmaceuticals fraudulently obtained a patent to block generic Apriso, saying the complaint appeared to come from public information and that “my grandmother could have filed this case."

  • August 08, 2019

    Energy Co. Can Pursue $100M Trade Secrets Theft Claim

    Energy company Gravitas Resources Corp. can proceed with its claim for over $100 million against a private equity firm it says used confidential information to buy a 40,000-acre oil and gas property in Utah, a Texas appellate court has ruled.

  • August 08, 2019

    CVS Aiming To Shake RxStrategies' Tying Claim For Good

    CVS Pharmacy Inc. and its 340B Drug Pricing Program administrator Wellpartner LLC are again asking a Florida federal judge to shut down a rival administrator's allegation that the pair is engaging in unlawful tying, arguing that the competitor's latest claim is still too vague.

  • August 08, 2019

    Citing Octane, 2nd Circ. Orders Redo Of Trademark Atty Fees

    The Second Circuit on Thursday ordered a lower court to take another look at whether a trademark suit that New York & Co. lost was exceptional enough for the retailer to pay attorney fees under the looser standards set by the U.S. Supreme Court's Octane Fitness ruling.

  • August 08, 2019

    Booking.com Tells Supreme Court Name Isn't Generic

    Booking.com is asking the U.S. Supreme Court not to hear a case over whether the company's name is too generic for trademark protection, urging the justices to reject concerns about anti-competitive impact.

  • August 08, 2019

    Apple Attacks $439M Verdict Again After VirnetX IP Ruling

    Apple has asked the Federal Circuit for another shot at requesting en banc rehearing in a $439 million case, after the VirnetX patent claims it was found to infringe were invalidated last week in what the tech giant called an "extraordinary collision" of proceedings in the court and the patent office.

  • August 08, 2019

    Song Owner Gets 3rd Shot To Sue ESPN, Chick-Fil-A Over Ad

    A Texas federal judge has tossed out a copyright lawsuit against ESPN Inc. and Chick-fil-A because the accuser cited the wrong version of the song in its complaint, but is also giving the plaintiff a third shot to refile the case.

  • August 07, 2019

    11th Circ. Upholds Luxottica's $1.9M Trademark Win Over Mall

    The Eleventh Circuit agreed Wednesday with a Georgia jury's favorable ruling for luxury eyewear manufacturer Luxottica in a trademark dispute over a discount mall selling knockoffs of its brands, ruling evidence the landlords had "constructive" knowledge of their tenants' infringement is enough to support the $1.9 million verdict.

  • August 07, 2019

    Citcon Says Video Evidence Disproves Rival's Counterclaims

    Payment processor Citcon USA told a California federal judge on Wednesday that it has video evidence proving rival platform RiverPay Inc. lied about its capabilities, defeating its counterclaims in a spat over trade secrets.

  • August 07, 2019

    Apple Urges High Court To Turn Away $506M WARF IP Suit

    Apple has urged the U.S Supreme Court to reject a petition from the University of Wisconsin-Madison's licensing arm in a $506 million patent case, arguing the claim construction question raised is based on a misinterpretation of the Federal Circuit's ruling in favor of the tech giant.

  • August 07, 2019

    Dr. Seuss Estate Tells 9th Circ. 'Star Trek' Mashup Not Fair Use

    A mashup of Dr. Seuss and "Star Trek" was not protected by copyright law's fair use doctrine because it did not transform the famed author's work, and instead merely "aped" it, Seuss' estate told the Ninth Circuit in a bid to revive an infringement suit.

  • August 07, 2019

    Fed. Circ. Judge Tells USPTO Head To 'Get His Act Together'

    U.S. Patent and Trademark Office head Andrei Iancu needs to "get his act together" by learning the difference between "joinder" and "consolidation" when sorting out sticky patent disputes, a Federal Circuit judge said from the bench on Wednesday.

  • August 07, 2019

    Fed Banks Have No Place At PTAB, Fed. Circ. Told

    The Federal Circuit on Tuesday was urged to find that the Federal Reserve banks are barred from challenging patents under the America Invents Act in light of a recent U.S. Supreme Court ruling that the government is not a “person” allowed to file such challenges.

  • August 07, 2019

    Texas Justices Asked To Seal Trade Secrets In $706M Dispute

    Pitching it as an unanswered legal question, a company that won a $706 million jury verdict in a trade secrets dispute over home appraisal technology has asked the Texas Supreme Court to keep records that had been admitted as trial exhibits sealed.

  • August 07, 2019

    HBO Can't Escape Copyright Claims In Slenderman IP Suit

    HBO must face some accusations that it poached an artist's painting for the fictional character Slenderman in its 2016 documentary about the attempted murder of a child, a New York federal judge ruled Tuesday.

  • August 07, 2019

    Energy Drink Maker Says Monster Launched Smear Campaign

    Energy drink maker Vital Pharmaceuticals Inc. accused rival Monster Energy Inc. of orchestrating a smear campaign against Vital's energy drink Bang while peddling its own Bang knockoff Reign, according to a suit filed Wednesday in Florida.

  • August 07, 2019

    Fed. Circ. Befuddled In Hearing On Ericsson IP License Rates

    A Federal Circuit panel appeared perplexed Wednesday by how to approach assigning value to a large portfolio of Ericsson patents in its ongoing tussle with TCL Communication Technology over licensing rates for standard-essential wireless technology.

  • August 07, 2019

    DOJ Urged To Leave Intact Music Licensing Orders

    A dozen free market organizations pressed the U.S. Department of Justice on Wednesday to re-up sunsetting consent decrees governing music licensing groups BMI and ASCAP, arguing the "inherently anti-competitive" music industry still needs these regulations to keep the playing field even.

  • August 07, 2019

    US Aims To Sever Huawei From Government Business

    The Trump administration’s tussle with China continued in earnest Wednesday as it published a rule barring government agencies from doing business with telecommunications giant Huawei, which the White House has designated a threat to U.S. security interests.

  • August 07, 2019

    Fed. Circ. Urged To Reconsider Enzo DNA Patent Case

    Enzo Life Sciences Inc. has urged the Federal Circuit to reconsider its earlier decision invalidating a pair of DNA testing patents, arguing that a panel improperly relied on testimony to find that the patents didn't adequately explain how to make the inventions.

  • August 07, 2019

    GOP Sens. Probe Google-Huawei Smart Speaker Project

    Three Republican senators are demanding answers from Google about its relationship with Huawei and a new smart speaker the two companies are collaborating on, according to a letter sent to Google CEO Sundar Pichai on Wednesday.

  • August 07, 2019

    Fed. Circ. Won't Stay Vimovo Case Despite Looming Generic

    The Federal Circuit won't stay its finding that two patents covering Horizon Pharma Inc.'s Vimovo are invalid while the drugmaker appeals to the U.S. Supreme Court, even if it means Dr. Reddy's Laboratories Inc. may launch its generic version of the painkiller mid-litigation.

  • August 07, 2019

    TV Networks' Suit Tees Up Battle Over Nonprofit Streaming

    The top four broadcast networks recently placed streaming startup Locast in their crosshairs, teeing up what’s likely to be a lengthy legal battle over whether the service can carry local stations without paying them retransmission consent fees.

Expert Analysis

  • High-Taxed Global Income Exclusion May Be Too Narrow

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    While the IRS' effort — as signaled by regulations released last month — to expand the high-taxed exclusion of global intangible low-taxed income is laudable, GILTI will still apply at rates higher than many believe Congress intended, says Robert Kiggins of Culhane Meadows.

  • EU Adidas TM Case Elucidates 'Acquired Distinctiveness'

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    A recent decision by the General Court of the EU, Adidas AG v. European Union Intellectual Property Office, clarifies that trademark owners may rely on broadly equivalent variants when seeking to prove acquired distinctiveness and illustrates that surveys have a role to play in EU trademark proceedings, say attorneys at Powell Gilbert.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • ARIA Paves The Way For US Reengagement With Asia

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    A U.S. Senate subcommittee recently held hearings concerning the 6-month-old Asia Reassurance Initiative Act, which seeks to renew U.S. engagement in the Indo-Pacific region. But the success of the law will depend on whether the private, governmental and nongovernmental sectors make full use of the funding it provides, says Chuong Le of Snell & Wilmer.

  • What A Maturing Patent Bar Means For The Industry

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    A seismic shift is occurring in the demographics of the U.S. patent bar — the average patent practitioner is aging — which, in combination with other market forces, is already precipitating a number of fundamental changes in how patent practices must operate to remain profitable, says Ian Schick of Specifio.

  • Cannabis-Related Patent, TM Filings Increase After Farm Bill

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    A rush to capitalize on the new and booming market for legalized cannabis has led to a noticeable increase in the amount of intellectual property protection sought out by the key players in this newfound industry, and this trend may be a consequence of the 2018 Farm Bill, say attorneys at Eversheds Sutherland.

  • Misconceptions In The Debate About Noncompetes

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    The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.

  • High Court FOIA Ruling Has Trade Secrets Implications

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    Recently, in Food Marketing Institute v. Argus, the U.S. Supreme Court interpreted the meaning of the term "confidential" in Exemption 4 of the Freedom of Information Act in a manner that will impose many costs on the federal government, including more criminal responsibility under the Trade Secrets Act, says Sharon Sandeen of Mitchell Hamline School of Law.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Role Of Online Reviews In Litigation Hinges On The Analysis

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    The use of online consumer reviews in the courtroom is moving beyond simplistic links between reviews and sales and into more complex issues, such as a consumer's propensity to purchase and reviewer sentiment analysis, says Ashish Pradhan at Cornerstone Research.

  • How Congress Could Abolish Patent Eligibility Exceptions

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    Congress is considering abrogating the exceptions to patent eligibility, which is likely permissible to the extent that the eligibility exceptions derive purely from statutory construction, but not permissible to the extent that the eligibility exceptions are required by the Constitution, says Andrew Michaels of the University of Huston Law Center.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Limited Deference Owed USPTO After High Court Kisor Ruling

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    The U.S. Supreme Court's decision in Kisor v. Wilkie upheld agency deference but in a way that could lead to more direct challenges to U.S. Patent and Trademark Office rules and regulations, say attorneys at Baker Botts.

  • Patent Trends In The Expanding World Of Blockchain

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    The broadening implementation of blockchain technology across many industries means that even practitioners who do not handle fintech-sector patent filings should familiarize themselves with blockchain in order to help clients identify and capture related innovations, says Allison Gaul of Kilpatrick Townsend.

  • What High Court Free Speech Ruling Means For TM Applicants

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    The U.S. Supreme Court’s decision Monday in Iancu v. Brunetti striking down the Lanham Act’s ban on immoral and scandalous trademarks raises the question of whether it is now open season on registering marks regardless of how outrageous or offensive consumers might find them to be, say attorneys at Kelly IP.

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