Intellectual Property

  • July 23, 2021

    Cleveland MLB Team Changing Name To 'Guardians'

    Major League Baseball's Cleveland Indians are becoming the Guardians, the team announced Friday, dropping the Native American-themed name amid legal fights in Canada and a broader social push for sports teams to stop using monikers that are considered racist or insensitive.

  • July 22, 2021

    Gilead Must Foot $1.8M Bill For 'Egregious' Litigation Conduct

    The Delaware chancellor on Thursday chastised Gilead Sciences Inc. for "glaringly egregious" litigation conduct, ordering the company to pay nearly $1.76 million in attorney fees for shareholders who battled Gilead's "overly aggressive" efforts to shut down investigations into its potential malfeasance regarding its AIDS drug development.

  • July 22, 2021

    Scientist Gets 5 Years For Exporting Semiconductors To China

    A California federal judge sentenced a Los Angeles man to over five years in prison Thursday after a jury found him guilty of participating in a scheme to illegally export integrated circuits with military applications to China, defrauding U.S. chipmaker Cree Inc. out of its proprietary technology and lying to government officials.

  • July 22, 2021

    Chinese Medical Co. Beats Sleep Apnea Trade Secrets Fight

    A Chinese medical company beat a Palo Alto startup's California federal lawsuit alleging that it breached a nondisclosure agreement and misappropriated trade secrets related to the startup's sleep apnea technology, ruling that California is an improper venue since the court lacks personal jurisdiction over the Chinese company and its founder.

  • July 22, 2021

    Split Fed. Circ. Revives Wire Coating Patents Axed At PTAB

    A split Federal Circuit panel overturned Patent Trial and Appeal Board rulings that struck down two Chemours Co. cable coating patents, with the majority finding Thursday that the board disregarded prior art teachings in deciding that the claims were obvious.

  • July 22, 2021

    IP Forecast: Verizon To Face Texas Jury In Wireless Row

    A Texas jury next week will consider whether Verizon's LTE network services infringe a wireless patent developed by a University of Florida professor. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • July 22, 2021

    PTAB Denies 2 Ocado Petitions In Robot IP Row

    The Patent Trial and Appeal Board shot down a pair of Ocado Group challenges to a set of patents owned by rival AutoStore Technology AS covering a remotely operated machine that moves storage bins.

  • July 22, 2021

    Copyright Committee Weighs In On IT Modernization Effort

    The Copyright Public Modernization Committee held its inaugural meeting Thursday, with its 13 members offering input about the U.S. Copyright Office's effort to modernize its IT systems to make it easier and more efficient to register literary, dramatic, musical and other creative works.

  • July 22, 2021

    House OKs Bill To Join Health Coalition Funding Vaccines

    The U.S. House of Representatives has passed through a measure that would allow the U.S. to participate in an international vaccine development center founded by the Bill & Melinda Gates Foundation to combat diseases like COVID-19.

  • July 22, 2021

    VirnetX Patent Dispute Can't Go Back To USPTO, Apple Says

    Apple urged the Federal Circuit not to send back challenges to VirnetX Inc.'s network security patents to the Patent Trial and Appeal Board following the Supreme Court's Arthrex ruling, saying that VirnetX's failure to raise its constitutional challenge earlier was not "harmless" as it claimed.

  • July 22, 2021

    Jury Hits Novartis With $178M Verdict In Drug Patent Fight

    A California federal jury hit Novartis with a $177.8 million verdict Thursday for selling a skin cancer drug that infringes two patents owned by a Daiichi Sankyo subsidiary, rejecting Novartis' arguments that the patents are invalid and awarding the entire sum the plaintiff sought.

  • July 22, 2021

    Pfizer Unit Loses Appeal In Vaccine Fight With Merck Branch

    A Pfizer unit lost its bid Thursday to overturn a decision invalidating the patent for its blockbuster Prevnar 13 pneumonia vaccine after an appeals court agreed with rival Merck Sharp & Dohme Corp. that the patented invention was obvious.

  • July 22, 2021

    Winstead Adds Ex-Thompson & Knight IP Trio In Dallas

    Winstead PC recently hired a group of three intellectual property attorneys formerly with Thompson & Knight LLP for its Dallas office.

  • July 22, 2021

    Johnny Rotten Atty Says Band Ditched Majority Vote IP Pact

    A lawyer for Sex Pistols singer Johnny Rotten testified on Thursday that he was "astonished" to learn that an agreement inked in 1998 allowed licensing decisions to be determined by a majority of band members, because they had usually taken a unanimous approach.

  • July 22, 2021

    Pump Maker Loses Bid To Appeal Roche's UK Patent Win

    A London judge denied medical device maker Insulet permission Thursday to appeal a decision that pharmaceutical giant Roche did not prematurely begin selling tubeless insulin pumps before a patent expired.

  • July 21, 2021

    Disney Prevails In Years-Long 'Jungle Book' Royalties Dispute

    A California appellate court ruled Wednesday that Disney doesn't owe royalties to the adult children and heirs of the songwriter behind "The Bare Necessities," a song featured in "The Jungle Book," reversing a lower court's award of more than $1 million in damages.

  • July 21, 2021

    20th Century And CAA Stole Script For 'Ad Astra,' Writer Says

    A screenwriter hit Twentieth Century Studios Inc. and Creative Artists Agency LLC with a copyright suit in California federal court Wednesday alleging they ripped off a script he pitched to them, turning it into the 2019 Brad Pitt film "Ad Astra" without paying, crediting or otherwise consulting him.

  • July 21, 2021

    Pa. High Court Says Medical Pot Applications Are Public

    Pennsylvania's highest court ruled on Wednesday that the public has a right under the state's open records law to review applications for the state's coveted medical marijuana licenses.

  • July 21, 2021

    Daiichi Sankyo Unit Seeks $178M From Novartis As Trial Ends

    Daiichi Sankyo subsidiary's counsel told a California federal jury during trial closings Wednesday that Novartis owes more than $177.8 million in royalties and fixed payments for infringing its skin cancer treatment patents, while Novartis' attorney argued that the patents are invalid and should never have been issued.

  • July 21, 2021

    FTC Pulls 'Prior Approval' Stance, Issues Repair Policy

    The Federal Trade Commission on Wednesday voted to repeal a long-standing policy that has allowed parties to merger clearance settlements to avoid heightened scrutiny of subsequent deals.

  • July 21, 2021

    J&J Settles Pfizer's Antitrust Suit Over Remicade Biosimilar

    Pfizer Inc. has agreed to drop its four-year-old suit alleging Johnson & Johnson violated antitrust laws by coercing health insurers into not covering biosimilar versions of J&J's inflammatory disease biologic Remicade, Pfizer confirmed to Law360 on Wednesday.

  • July 21, 2021

    USPTO Says Patent Owners Are Jumping The Gun On Arthrex

    The U.S. Patent and Trademark Office told the Federal Circuit on Wednesday that it's too soon for patent owners New Vision Gaming and Mobility Workx to challenge the agency's plans to have its acting director review rulings following the U.S. Supreme Court's Arthrex decision, and they should wait until the remanded proceedings at the agency are complete.

  • July 21, 2021

    Next Up For NBA Champ Giannis: Winning These IP Cases

    Giannis Antetokounmpo's work is done on the basketball court, after winning the NBA Finals Tuesday night with a 50-point performance. But the Milwaukee Bucks star still has work left to do in federal court in a sprawling trademark litigation campaign over his "Greek Freak" nickname. Here's a look at how he's fared and what claims remain.

  • July 21, 2021

    Jurors Won't Be Asked About Porn Habits In Vineyard IP Trial

    Jurors tasked with deciding claims in a copyright suit involving adult films shot at a Martha's Vineyard rental home will not be asked whether they watch pornography or have been involved in pornographic productions, a federal judge said Wednesday.

  • July 21, 2021

    Fed. Circ. Backs ITC Decision Clearing Car Parts Cos.

    The Federal Circuit on Wednesday upheld a U.S. International Trade Commission ruling that cleared MAHLE Filter Systems North America Inc. and two Japanese affiliates of allegations that imported car emissions filter systems infringed Ingevity Corp.'s patented technology.

Expert Analysis

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • What Semiconductor Shortage Means For Patent Drafting

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    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Unpacking The Latest Trends In Biologics-Related IPRs

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    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • Shifting Trends In Marketing Approvals Of Orphan Drugs

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    Data analysis reveals increases in orphan drug designations and marketing approvals over the last 20 years, and shows how biologics are shaping the orphan drug landscape, say Omar Robles at Emerging Health and Ji-Won Choi at the Vera Institute of Justice.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Collaborative Contracting Can Help Combat Bias In AI

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    To mitigate bias in artificial intelligence technology amid pending EU and U.S. regulations, contracting companies should consider each party's role in controlling for bias, rather than applying binary liability allocations, say Boris Segalis and Joshua Fattal at Goodwin and independent attorney Neal Dittersdorf.

  • TM Litigation Lessons From Nike-Lil Nas X 'Satan Shoes' Fight

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    Though recently settled, Nike's curious trademark infringement dispute with the New York design studio behind rapper Lil Nas X's controversial "Satan Shoes" suggests that brand owners should draft complaints promptly, even if imperfectly, and evaluate first-sale doctrine exceptions, says James Major at Stradley Ronon.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

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