Intellectual Property

  • September 16, 2020

    DOJ Says 9th Circ. Qualcomm Ruling May Hurt Class Cert.

    The U.S. Department of Justice has told the Ninth Circuit that a recent ruling reversing the Federal Trade Commission's win against Qualcomm Inc. could help the chipmaker's bid to upend a massive class of consumers suing over its licensing practices.

  • September 16, 2020

    Fighting Fires In Top Hats: Images From Patents Of The Past

    The National Archives last month made nearly 2,000 patents from the 18th and 19th centuries available online, featuring stunning landscapes, otherworldly diving gear, countless horses and a fire brigade dressed to the nines.

  • September 16, 2020

    Senate IP Chair Floats Patent Transparency Program To Iancu

    The chair of the Senate Judiciary Committee's Subcommittee on Intellectual Property has asked the U.S. Patent and Trademark Office to launch a pilot program that rewards patent owners and applicants for disclosing accurate scientific data and assignment information.

  • September 16, 2020

    Federal Reserve Banks Can't Challenge Patents, Justices Told

    The U.S. Supreme Court has been asked to review whether Federal Reserve banks are distinct enough from government entities such that they can challenge patents at the Patent Trial and Appeal Board.

  • September 16, 2020

    Edison Loses Bid To Expand EU Trademarks To Electricity

    The European Union's top court rejected Edison SpA's appeal Wednesday seeking to add "electricity" to goods covered by one of its EU trademarks, saying that when the company applied for its trademarked name, electrical energy didn't fall into the same category as motor fuel.

  • September 15, 2020

    Fed. Circ. Says Recycling Patent Properly Axed As Indefinite

    The Federal Circuit ruled Tuesday that a federal judge correctly found that IQASR LLC's patent for sorting materials from shredded old cars is invalid as indefinite, finding that one technicality of the process amounted to a "word salad."

  • September 15, 2020

    Full Fed. Circ. Won't Look At Toss Of $110M Ericsson Win

    The full Federal Circuit won't review a panel's decision that invalidated Ericsson's computer security patent under Alice and wiped out a $110 million judgment it won against smartphone maker TCL.

  • September 15, 2020

    Inventors Want In On Tech Cos.' Challenge Over PTAB Denials

    U.S. Inventor and other inventor groups have asked to step into a lawsuit that Google, Apple and other tech giants have brought over the Patent Trial and Appeal Board's practice of denying review when a trial is looming in district court.

  • September 15, 2020

    Senate Approves First New Calif. Federal Judges Since 2015

    The U.S. Senate on Tuesday easily confirmed three BigLaw veterans to become judges in the Central District of California, giving the Golden State its first new federal jurists in five years and easing what the Los Angeles-based district's chief judge called "a crisis of unprecedented magnitude."

  • September 15, 2020

    Over 30K Musicians Win Class Cert. In SAG-AFTRA Suit

    More than 30,000 session musicians and vocalists have won class certification in a lawsuit alleging the Screen Actors Guild‐American Federation of Television and Radio Artists and the American Federation of Musicians drained millions of dollars from an artists' fund set up by Congress.

  • September 15, 2020

    USPTO Tells Fed. Circ. To Skip Cisco Fight Over PTAB Denials

    The U.S. Patent and Trademark Office is backing an Israeli university's bid to nix Cisco's challenge of the Patent Trial and Appeal Board's denial of patent reviews when district court trials are looming, arguing that such decisions are shielded from Federal Circuit review.

  • September 15, 2020

    A.J. Gallagher Sues Alliant In Chancery Over Client Raids

    Insurance broker Arthur J. Gallagher & Co. filed a lawsuit in Delaware Chancery Court on Monday accusing private equity-backed Alliant Insurance Services Inc. of unlawfully poaching its customers and employees.

  • September 15, 2020

    NFL Star Deshaun Watson Sued For Posting Photo Of Himself

    A Houston sports photographer is suing NFL quarterback Deshaun Watson for repeatedly posting copyrighted images of himself to Instagram without permission.

  • September 15, 2020

    Sen. Floats NCAA Athlete Pay Plan Requiring Shared Earnings

    Sen. Lamar Alexander on Tuesday said Congress should empower the NCAA to write new rules governing college athlete pay for use of their names, images and likenesses by protecting it from legal claims at the same time proposing athletes be required to share that money with all athletes at their school.  

  • September 15, 2020

    Fed. Circ. Overrides EDTX's 'Clearly Wrong' Transfer Denial

    The Federal Circuit on Tuesday transferred a Taiwanese company's patent infringement suit against a rival company and HP Inc. to California, after finding a Texas federal judge was "clearly wrong" to keep the suit in his court.

  • September 15, 2020

    Dana-Farber Tells Fed. Circ. Not To Revisit Inventorship Ruling

    The Dana-Farber Cancer Institute is urging the full Federal Circuit not to reconsider a panel decision requiring a pair of American scientists to be named as co-inventors on patents involved in Nobel Prize-winning cancer research.

  • September 15, 2020

    'Tiger King' Zoo Worker Sues Netflix Over Footage

    A former employee of the zoo from Netflix's smash-hit documentary series "Tiger King" is suing the studio for copyright infringement, claiming it used his footage without permission.

  • September 15, 2020

    WTO Finds Trump's China Tariffs Flouted Global Trade Rules

    The Trump administration's wave of duties imposed against China in 2018 violated global trade rules, a World Trade Organization panel found Tuesday, issuing a call for both countries to resolve their protracted economic battle.

  • September 14, 2020

    Dish Dodges Cox's Allegations Of 'Brazen' IP Infringement

    Dish Network dodged a lawsuit accusing it of illegally transmitting Cox Media Group's content, with an Illinois federal judge on Monday sweeping aside Cox's contention that Dish had sought to shield itself behind a state court restraining order in an "unprecedented fashion."

  • September 14, 2020

    Google's Delay Bid 'Falls Flat' Due To Apple Trial, Gilstrap Told

    Google's pandemic-focused bid to delay a patent trial in a suit brought by Personalized Media Communications Inc. in U.S District Judge Rodney Glistrap's court is undermined by the "safe" trial held recently against Apple in the same court, the patent holding company said Monday.

  • September 14, 2020

    Justices Told Courts Are Axing Patents Under Alice Too Soon

    The U.S. Supreme Court has been asked to review a Federal Circuit ruling that affirmed the invalidation of two patents on sending clients reminders over the internet, with the patent owner arguing that the lower court deemed the patents ineligible for protection too early in the case.

  • September 14, 2020

    Nike Shuts Down 'Just Believe It' Trademark

    Nike Inc. has successfully blocked another trademark registration that riffs on its "Just Do It" slogan, winning a ruling at the U.S. Patent and Trademark Office over the phrase "Just Believe It."

  • September 14, 2020

    Kirkland Snags Litigation Powerhouse From Winston & Strawn

    Kirkland & Ellis LLP announced Monday it has hired a former Winston & Strawn LLP litigation partner experienced in complex business disputes and intellectual property matters to the firm's litigation practice group in Dallas.

  • September 14, 2020

    Commerce Secretary Leads Group To Boost Diversity In IP

    Warning that the U.S. is losing innovative ground to China, Secretary of Commerce Wilbur Ross on Monday said too few Americans are involved in innovation and urged a group devoted to increasing diversity in the invention and entrepreneurship process to take concrete steps to remedy the problem.

  • September 14, 2020

    NJ Gov. Signs Bill To Let College Athletes Get Paid

    College athletes in New Jersey will be permitted to sign endorsement deals under a law approved Monday by Gov. Phil Murphy, marking the latest state measure enacted across the country to address what supporters say is an inequitable system of universities and the NCAA profiting off the backs of players.

Expert Analysis

  • Cross-Selling Strategies For Law Firms During Pandemic

    Author Photo

    Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

  • German FRAND Decision May Shape Global SEP Landscape

    Author Photo

    The German high court's recent decision that patent owner Sisvel didn't breach its fair, reasonable and nondiscriminatory patent licensing obligations by refusing to grant Haier a license represents a shift in the standard-essential patent landscape in favor of SEP holders' enforcement freedom, say Erik Puknys and Michelle Rice at Finnegan.

  • 5 Takeaways From Post-SAS Inter Partes Reviews

    Author Photo

    Attorneys at WilmerHale surveyed 435 inter partes review proceedings to examine how the U.S. Supreme Court's 2018 decision to end partial institution in SAS Institute v. Iancu is affecting the Patent Trial and Appeal Board's findings at institution and their relationship to the ultimate patentability determinations in final written decisions.

  • Atty Media Interview Lessons From Trump's Axios Appearance

    Author Photo

    The recently broadcast interview of President Donald Trump with Axios political reporter Jonathan Swan provides a dramatic example of how not to answer media questions and presents four lessons to attorneys preparing for press coverage, says Michelle Calcote King at Reputation Ink.

  • Budding Decentralized Finance Industry Comes With Risks

    Author Photo

    The proliferation of decentralized finance allows users to lend, earn interest, borrow, exchange or bet on cryptocurrencies, but the applications face legal obstacles, including regulatory, class action and intellectual property litigation risk, says Ali Abugheida at Buckley.

  • Opinion

    US Should Not Confiscate Gilead's Remdesivir Patent

    Author Photo

    The Bayh-Dole Act does not support, or even apply to, a state attorneys general argument that the government can confiscate Gilead Sciences' patent on remdesivir, the only drug approved to treat severe COVID-19 symptoms, says Adam Mossoff at George Mason University.

  • Why Remote Depositions Are Likely Here To Stay

    Author Photo

    As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

  • COVID-19 Bankruptcy Issues Complicate IP Contracts

    Author Photo

    As the pandemic will likely increase cases of financial distress, it is critical for companies to consider the potential impact of bankruptcy law as they deal with existing intellectual property contract rights and obligations, renewals, renegotiations or new contractual relations, say attorneys at DLA Piper.

  • How USPTO Examiner Type Affects Patents: Part 4

    Author Photo

    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 impact patent litigation, both in U.S. district courts and at the Patent Trial and Appeal Board, in terms of numbers and winning percentages.

  • New Unified High-Tax Election Brings Planning Challenges

    Author Photo

    The U.S. Department of the Treasury's recently released high-tax election regulations for global intangible low-taxed income create unwanted planning challenges by conforming to the stricter Internal Revenue Code Subpart F high-tax exclusion, rather than aligning with the GILTI election rules as many hoped, say attorneys at Mayer Brown.

  • 7 Keys To Drafting Effective Legal Briefs

    Author Photo

    Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.

  • 5th Circ. Copyright Case Is Cautionary Tale For Big Data Cos.

    Author Photo

    The Fifth Circuit recently sided with an alleged hacker in the copyright case Digital Drilling v. Petrolink, providing some lessons to industries that rely on big data, such as the importance of putting yourself in the shoes of a potential infringer before a data breach occurs, says Matthew Fagan at Kacvinsky Daisak.

  • Weighing The Virtual Courtroom Option In Civil Cases

    Author Photo

    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

  • When Noninfringing Alternative Bars Lost Profits Award

    Author Photo

    Lost profits may not be appropriate for patent infringement plaintiffs if it is shown that a noninfringing alternative could have been implemented instead, but failure to demonstrate availability of the alternative can undermine a defendant's argument — as addressed recently by a Pennsylvania federal court in Sherwin-Williams v. PPG, say economists at Berkeley Research Group.

  • A USPTO Examination Policy Change You May Have Missed

    Author Photo

    In June, the U.S. Patent and Trademark Office made an easily overlooked but potentially significant revision to the patent examiner criteria for first-action final rejections that may make examination more costly for applicants, and more profitable for the USPTO, say Julie Burke at IP Quality Pro and David Gass at Marshall Gerstein.

Want to publish in Law360?


Submit an idea
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!