Intellectual Property

  • August 03, 2020

    CBD Co. Loses Early Bid To Sue Ex-Workers Who Joined Rival

    A Nevada federal judge has tossed a lawsuit filed by multilevel marketing company My Daily Choice Inc. accusing two of its former salespeople of taking trade secrets to competitor Bio-Reigns Inc., although court records show the dispute between the two companies is only getting started.

  • August 03, 2020

    Fed. Circ. Axes $6M Atty Fee Award In Navy Ship Patent Case

    The Federal Circuit on Monday rejected a $6.18 million fee award to a ship manufacturer in a dispute over whether the Navy infringed its patents, finding that the U.S. Court of Federal Claims incorrectly awarded the fees.

  • August 03, 2020

    Fed. Circ. Trims Bio-Rad IP Win, But $24M Verdict Stays

    The Federal Circuit on Monday upheld a decision out of Delaware that 10X Genomics should pay Bio-Rad and the University of Chicago $24 million for infringing a DNA manipulation patent, but otherwise narrowed their win.

  • August 03, 2020

    Hollywood Studios Seek $6.4M Atty Fees For VidAngel IP Win

    Disney and other Hollywood studios say VidAngel should pay $6.4 million in attorney fees after Munger Tolles & Olson LLP attorneys secured the studios a $62.4 million verdict in a long-running copyright suit over streamed films, claiming opposing counsel "made this litigation as difficult and costly as possible."

  • August 03, 2020

    Canadian Pot Entrepreneur Wants Vaping TM Row Tossed

    A Toronto man has asked an Arizona federal judge to toss his former business partners' intellectual property suit over their unrealized cannabis vape venture, arguing that the court lacks personal jurisdiction over him as a Canadian citizen.

  • August 03, 2020

    No Evidence FDA Sabotaged $375K-A-Year Drug, Judge Says

    The U.S. Food and Drug Administration lawfully approved a lower-cost version of a $375,000-per-year drug for a rare autoimmune disease because the agency reasonably interpreted the Orphan Drug Act where it fell short, a federal magistrate judge said.

  • August 03, 2020

    Fed. Circ. Stays Uniloc Case For Justices' Arthrex Ruling

    Uniloc can hold off its appeal of Google's win at the Patent Trial and Appeal Board until the U.S. Supreme Court weighs in on the Federal Circuit's Arthrex ruling that the structure of the board is unconstitutional, the circuit court said Monday.

  • August 03, 2020

    Disney Beats Another 'Inside Out' Copyright Case At 9th Circ.

    The Ninth Circuit on Monday rejected another copyright lawsuit against Walt Disney Co. over Pixar's animated hit "Inside Out," saying it was acceptable for a trial judge to use "common sense" to dismiss the case without input from experts.

  • August 03, 2020

    Full Fed. Circ. Won't Revisit Save Of Illumina DNA Patents

    The full Federal Circuit on Monday refused to review a decision reviving two Illumina DNA test patents that a lower court had invalidated for claiming only a natural phenomenon, although the original panel revised its opinion to more fully explain its reasoning.

  • August 03, 2020

    Porn Site Operator Beats Philly TV Anchor's Photo Use Suit

    Following his dismissal of Facebook and Reddit in June, a Pennsylvania federal judge Monday nixed the last defendant — a Czech Republic-based porn website operator — from a Philadelphia local news anchor's lawsuit alleging her likeness was used without her permission in advertisements.

  • August 03, 2020

    Alsup Nixes Ex-MLB Pitcher's Suit, Hints At Sanctions

    A former Major League Baseball pitcher turned health supplement salesman has lost his unfair competition suit against the league's players union in the first inning, with California federal Judge William Alsup tossing all of the claims and pledging to address the union's request for "substantial sanctions."

  • August 03, 2020

    'Guaranteed Rate' Is Not A Trademark, TTAB Says

    The Trademark Trial and Appeal Board is refusing to let mortgage lender Guaranteed Rate Inc. register its name as a trademark, saying consumers do not associate the "highly descriptive" term with any single company.

  • August 03, 2020

    Land Rover Loses Appeal Over Bid To Trademark SUV Shape

    Jaguar Land Rover has lost its appeal against a decision blocking the company's effort to register trademarks for the shape of the Land Rover Defender after a London judge saw no error in the finding that the sport utility vehicle's form was n't distinct.

  • August 03, 2020

    Cisco IP Rival Draws Judge's Ire For Belated Damages Theory

    A California federal judge has granted Cisco's bid to strike NetFuel's new damages theories in its suit accusing Cisco's operating systems of infringing NetFuel's router patents, finding that allowing them in months after discovery closed would cause Cisco "astronomical" prejudice.

  • August 03, 2020

    Fed. Circ. Says Dr Pepper Can't Fight Coca-Cola 'Zero' TMs

    The Federal Circuit on Monday refused to revive a decade-spanning trademark case filed by Keurig Dr Pepper aimed at blocking Coca-Cola Co. from registering various "Zero" brand names as federal trademarks.

  • July 31, 2020

    Beach Boys' Greenberg Attys Dodge DQ Bid In Fee Spat

    Beach Boys lead singer Michael Love and his lawyers at Greenberg Traurig LLP on Friday beat a disqualification bid from two attorneys fighting over a fee arrangement, with a Nevada federal court ruling the attorneys didn't have standing to raise conflict of interest qualms with Love's representation.

  • July 31, 2020

    Probiotic Drug Cos. In Contempt For Violating Ad Injunction

    A Maryland federal judge on Thursday ruled that two drug companies are in contempt for violating an injunction that followed an $18 million jury verdict that they wrongfully used their former business partners' proprietary probiotic formula, saying the companies committed "blatant violations" of the injunction in their promotional materials.

  • July 31, 2020

    Driveshaft Patent Eligibility Has Full Fed. Circuit Bitterly Split

    The full Federal Circuit decided Friday not to review a decision invalidating an American Axle driveshaft patent for claiming a natural law, as half the court said it simply applied precedent while the other half argued it sets confusing new law that one judge said will "lead to insanity."

  • July 31, 2020

    Fed. Circ. Partly Revives Computer Patent That Intel Got Axed

    The Federal Circuit vacated a part of a Patent Trial and Appeal Board ruling that said three claims in Alacritech Inc.'s computer networking patent were obvious in a precedential opinion on Friday, ruling that the board did not adequately prove that prior art rendered Alacritech's three claims unpatentable.

  • July 31, 2020

    IP Holder Says Patent Judges' Pay Structure Sways Rulings

    Mobility Workx LLC urged the Federal Circuit Thursday to reverse a decision that killed claims in one of its wireless patents, saying the America Invents Act encourages Patent Trial and Appeal Board judges to rule against patent holders and refrain from writing dissenting opinions because of the structure of their salaries.

  • July 31, 2020

    Brand Battles: Harry Potter Takes Aim At 'Accio' Tracker

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. is fighting a startup over its "Accio" lost-item tracker, arguing that people may believe it's linked to the "Harry Potter" films — plus five other new TTAB cases you need to know.

  • July 31, 2020

    Teva Gets Fed. Circ. To Affirm Thyroid Patent Is Indefinite

    A Delaware federal judge rightly found that claims of a patent covering the thyroid drug Tirosint are invalid as indefinite, the Federal Circuit affirmed Friday in a win for Teva Pharmaceuticals USA Inc.

  • July 31, 2020

    Software Developer Sues Fla. Judge Over Stalled Litigation

    A software development company hauled a Florida state trial court judge into federal court Friday, claiming that rulings by him and other state courts have violated its constitutional rights by preventing it from pursuing claims that other companies have infringed on its exclusive license to certain patents.

  • July 31, 2020

    Transformer Co. Wants IP Damages Trial After WesternGeco

    Halo Electronics Inc. on Thursday urged a Nevada federal judge to hold a damages trial several years after the conclusion of its patent infringement dispute with a rival transformer maker, arguing a 2018 U.S. Supreme Court ruling means it can seek a new set of damages.

  • July 31, 2020

    Takeda Loses Appeal To Stop Mylan's Generic Gout Drug

    Shooting down Takeda Pharmaceuticals' argument that a district court misinterpreted the terms of a licensing agreement, a split Federal Circuit panel on Friday upheld a lower court's decision declining to block Mylan from selling a generic version of Takeda's gout drug colchicine.

Expert Analysis

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • Return-To-Work Tech Brings New Contract Issues

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    Companies will face several risks when retaining vendors to automate COVID-19 return-to-work compliance and should negotiate certain terms in agreements for the development and use of related technology, says William Tanenbaum at Moses & Singer.

  • How USPTO Examiner Type Affects Patents: Part 3

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    Michael Sartori and Matt Welch at Baker Botts analyzed 10 years of data and found that the type of examiner at the U.S. Patent and Trademark Office can greatly affect the options available to a patent applicant once a final office action has been sent.

  • Shaking Up The Fundamental Laws Of US Internet

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    A recent executive order threatening to end Communications Decency Act protections for social media and a U.S. Copyright Office report on Digital Millennium Copyright Act reform are the latest developments shedding light on the movement to overhaul the fundamental laws of the internet, says Susan Goldsmith at McCarter & English.

  • Booking.com Ruling May Help Generic Hashtag Mark Owners

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    If brand owners can show that consumers perceive a generic term combined with a hashtag as source-identifying, the U.S. Supreme Court's recent Booking.com decision — that "generic.com" marks are not automatically unregistrable as trademarks — may just give refused hashtag marks new life, say Paul Thomas and Patricia Cotton at Pillsbury.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Should Cos. Use USPTO's New Fast-Track Appeals Program?

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    For innovators eager to commercialize inventions, the U.S. Patent and Trademark Office's new fast-track appeals pilot program will be a no-brainer, but for others, the promise of faster disposition may be outweighed by the advantages of the traditionally long appeal process, say attorneys at Morrison & Foerster.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Possibilities If Justices Review PTAB Judge Constitutionality

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    Should the U.S. Supreme Court grant certiorari in a series of Federal Circuit cases concerning the constitutionality of Patent Trial and Appeal Board administrative patent judges, its decision could give losing owners the chance to have their ex parte and inter partes cases reheard, say Brent Babcock and Tyler Train at Womble Bond.

  • US-China Relationship Holds Lessons For US-India Trade

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    Although the rapport between India and the U.S. has improved amid the coronavirus pandemic, the U.S.-China relationship should teach companies that increased closeness in trade comes with increased risk of U.S. investigation and enforcement, says Vasu Muthyala at Kobre & Kim.

  • Opinion

    Fed. Circ. Patent Eligibility Test Erroneously Distorts Alice

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    A recent certiorari petition to the U.S. Supreme Court in Chamberlain v. Techtronic reveals that the Federal Circuit's twisting of the Mayo-Alice patent eligibility framework demands fixing, whether by the Supreme Court or other courts, litigators and lawmakers, say former Federal Circuit Chief Judge Paul Michel and attorney John Battaglia.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Navigating USPTO And Court Standards On Patent Eligibility

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    Patentees should prioritize clear drafting in order to comply with two competing sets of eligibility standards — U.S. Patent and Trademark Office’s, as clarified in a recent report, and the courts', say Drew Schulte and Eric Rusnak at Pillsbury.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

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