Intellectual Property

  • September 23, 2022

    Jury Puts Stryker Biz On Hook For $17.2M In Bone Screw Fight

    A federal jury in Norfolk, Virginia, has found that a spinal solutions division of Stryker Corp. must pay $17.2 million to a German research company for selling orthopedic products that infringe patents developed on "bone screws."

  • September 23, 2022

    Amazon Beats Patent Claims After Alsup 'Misstated' Its Motion

    A week after trimming the direct infringement claims a software patent licensing company leveled against Amazon, a California federal judge clarified that he is granting summary judgment in favor of Amazon, noting his own error and vacating a trial scheduled to begin next month.

  • September 23, 2022

    Target's 3D Design Tech Copyright Suit Gets Trimmed

    A Delaware federal judge slimmed down an interior designing app owner's copyright suit against Target on Friday over three-dimensional decorating technology, axing claims that Target copied the look of its invention since the competing tools are "visually distinct."

  • September 23, 2022

    Brand Battles: Ralph's Ices Takes On Ralph Lauren Over TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, fashion label Ralph Lauren's bid to secure trademark rights for its "Ralph's Coffee" brand is facing opposition from popular New York ice shop Ralph's Famous Italian Ices — plus three other cases you need to know.

  • September 23, 2022

    Judge Cuts Some Of Atum's Claims In Gene Therapy IP Row

    A Massachusetts federal judge has trimmed biotechnology company Atum's fraud and mismanagement counterclaims in rival SalioGen's trade secrets suit against it over genomics technology, but allowed Atum's arguments over the ownership of those trade secrets to proceed since a substantial controversy exists.

  • September 23, 2022

    Coinbase Accused Of Infringing Patented Digital Trading Tech

    A Wyoming fintech company has filed patent infringement claims against Coinbase Global Inc., alleging that the cryptocurrency exchange's products and services encroach on its patented technology for securely processing digital transactions, according to the suit filed in Delaware federal court.

  • September 23, 2022

    9th Circ. Doubts Feds' Bid To Bar Mongols' IP Enforcement

    Ninth Circuit judges appeared skeptical on Friday of the government's bid to bar the convicted Mongols Nation motorcycle gang from enforcing its membership trademarks against infringers, with each judge expressing doubts about the scope of forfeiture law as it applies to trademarks.

  • September 23, 2022

    Roku Gets Universal Remote Patent Wiped Out At PTAB

    The Patent Trial and Appeal Board has invalidated a Universal Electronics Inc. remote control patent in a challenge brought by Roku Inc., with the board finding that all 13 claims in the patent are invalid as obvious.

  • September 23, 2022

    Jury Says LabCorp Owes $272M For Infringing Prenatal Test IP

    A federal jury in Waco, Texas, found on Friday afternoon that LabCorp, one of the largest chains of clinical lab providers in the world, owes more than $272 million to a small Maryland biotech business for willfully infringing a patent covering a method of testing for genetic disorders during pregnancy.

  • September 23, 2022

    IP Hires: Hogan Lovells, McDermott, Blank Rome, JAMS

    Hogan Lovells LLP has brought on a former Wiley Rein LLP partner who specializes in the telecom and technology sectors and a retired California state judge has joined the alternative dispute resolutions provider JAMS. Here are the details on these and other notable hires.

  • September 23, 2022

    Varnum Forms New Practice Team As NIL Landscape Evolves

    Varnum LLP announced on Thursday that it has assembled a group of attorneys to form a name, image and likeness practice team in Michigan as the world of college athletics navigates an evolving legal landscape.

  • September 23, 2022

    5 Firms To Drive Electric Battery Maker's Potential $1.5B IPO

    Chinese electric-vehicle battery supplier CALB Co. Ltd. could raise $1.5 billion in a Hong Kong initial public offering that would be the region's second largest of 2022, according to terms filed Friday, under guidance from five law firms.

  • September 23, 2022

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

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 22, 2022

    Monster Losses Not $272M Bang But Whimper, Jury Told

    A damages expert hired by Vital Pharmaceutical Inc. encouraged a California federal jury Thursday to disregard an estimate by Monster Energy Co.'s expert that it lost $272 million in profits from Vital's false advertising of "super creatine" in its Bang energy drink, saying it's based on "unreliable" evidence.

  • September 22, 2022

    Bar To Face Suit For Showing Boxing Match Without License

    A commercial sporting events distributor has standing to sue a Tennessee bar that live-streamed a highly anticipated boxing match between Floyd Mayweather and Conor McGregor without the commercial license required for the pay-per-view event, a Sixth Circuit panel has ruled in partially reversing the decision of a lower court.

  • September 22, 2022

    Vidal Says PTAB Issued Sanctions 31 Times For IPR Abuse

    The Patent Trial and Appeal Board can and does sanction parties for "abuse" of its procedural rules, and has done so 31 times over the last decade, U.S. Patent and Trademark Office Director Kathi Vidal told senators in a letter Wednesday.

  • September 22, 2022

    Ex-Prof Pleads Guilty To Lying To NASA About China Ties

    A former Texas A&M University professor pled guilty Thursday to making false statements to NASA about his affiliation with a Chinese university, according to a plea agreement filed in Texas federal court.

  • September 22, 2022

    IP Forecast: Tyga's 'Wavy Baby' Shoe Row Goes To 2nd Circ.

    The Second Circuit will consider what constitutes an "expressive" work in trademark law when it hears a controversial designer's appeal of a ruling the Vans footwear brand obtained to temporarily block a shoe line endorsed by the rapper Tyga. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 22, 2022

    NJ Health Network Launches TM Suit Over Initials Use

    Atlantic Health System Inc. on Thursday accused a consultant in a trademark infringement lawsuit of using initials already associated with the prominent New Jersey hospital and health care network to confuse customers into thinking the two are affiliated.

  • September 22, 2022

    Bar Owner's 'Suspicious' Testimony Dooms TM, TTAB Finds

    The company behind a New York cocktail bar failed to convince the Trademark Trial and Appeal Board to cancel a trademark registration on the term "Happiest Hour," with the board finding in a precedential opinion that the bar owner's testimony was inconsistent and contradictory.

  • September 22, 2022

    Jury Clears Indect USA In Rival's Parking Tech Patent Trial

    A California federal jury has found that technology company Indect USA Corp. didn't infringe rival Park Assist LLC's parking lot management patent and agreed with Indect's claims that Park Assist engaged in unfair competition.

  • September 22, 2022

    You Map's Trade Secrets Row Survives Snap's Ax Bid

    A Delaware federal judge has adopted a magistrate judge's recommendation not to dismiss You Map's trade secrets suit against Snap and a subsidiary over social mapping technology, ruling Thursday that You Map offered enough details on how they allegedly swiped its proprietary software.

  • September 22, 2022

    PTAB Grills Intel, VLSI In Fight Over IP Tied To $2.18B Verdict

    A Patent Trial and Appeal Board panel on Thursday called into question VLSI Technology LLC's $2.18 billion jury win against Intel as it grilled attorneys for both companies over the tech giant's challenge to one of two microchip patents involved in the enormous verdict.

  • September 22, 2022

    Target Loses Bid To Invalidate Beanie Babies Maker's IP

    An Illinois federal judge on Wednesday rebuffed a bid by Target Corp. to invalidate the copyright for Ty Inc.'s "Rainbow" plush toy poodle in litigation from the toymaker accusing the retailer of selling a knockoff, saying Target hadn't shown that Ty's copyright application contained inaccuracies.

  • September 22, 2022

    Judge Suggests Tossing Designer's Bid To Cancel Adidas TM

    A New York federal magistrate judge has recommended cutting clothing brand Thom Browne's counterclaim seeking to cancel Adidas' trademark on its three-stripe design, determining that the mark wasn't shown to be invalid as aesthetically functional.

Expert Analysis

  • Early Trends In UK National Security Reviews Of Transactions

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    The U.K.'s move to block an intellectual property deal between Beijing Infinite Vision Technology and the University of Manchester — the first such prohibition under the recently implemented National Security and Investment Act — is part of a growing body of published decisions that provides useful lessons on achieving prompt security clearance, say attorneys at Arnold & Porter.

  • The Significance And Legal Risks Of Quantum Computing

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    As quantum computing becomes more viable in the near future, it’s urgent for companies to understand the threat it poses to intellectual property, financial data and other sensitive information, and to prepare for new regulatory standards, say attorneys at Eversheds Sutherland.

  • Opinion

    Using Bayh-Dole To Control Drug Prices Would Skew Statute

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    Acceding to 100 congressional lawmakers' request that the Bayh-Dole Act be used to impose price controls on certain drugs by administrative fiat would misrepresent the statute and jeopardize the robust American innovation ecosystem it was meant to enhance, says Brian O'Shaughnessy at Dinsmore.

  • Reducing Tech Cos.' Data Risk As Investigations Increase

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    Tech companies' complicated data environments and information technology infrastructure — combined with constant regulatory actions, investigations and litigation — create a multifaceted compliance challenge, but certain best practices can help reduce complexities and risks, says Ken Oliver at FTI Consulting.

  • NFT Litigation Is Raising Novel Trademark Questions

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    Intellectual property lawsuits around non-fungible tokens are presenting old but unsettled trademark questions in a new light, particularly concerning how the so-called confusion inquiry interacts with the First Amendment and the first sale doctrine in the NFT context, says Andrew Michaels at the University of Houston Law Center.

  • Video Game Class Action's Implications For IP Rights

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    Knight v. Wata, a class action filed in California federal court by video game collectors against a grading service, carries important intellectual property implications for rights holders, who should carefully police the use of their intellectual property while also exercising financial caution amid flash-in-the-pan trends, says Kirk Sigmon at Banner Witcoff.

  • Justices Could Prompt A Seismic Shift In Double Patenting

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    A petition for certiorari in SawStop Holding v. U.S. Patent and Trademark Office challenging the constitutionality of obviousness-type double patenting, if accepted by the U.S. Supreme Court, could signal big changes for patentability requirements, including pronounced implications for pending cases with OTDP rejections, say attorneys at Finnegan.

  • What Litigators Can Really Learn From Rambo

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    A Rambo litigator is a consistently overaggressive and dishonest attorney, but the John Rambo of "First Blood," which recently celebrated its 40th anniversary, has several excellent qualities worth emulating in the legal profession, including professional competence, mental resilience and improvisational ability, says Christopher Van de Kieft at Gitlin Horn.

  • Attorneys Should Note Judges' Financial Conflicts Of Interest

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    The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

  • How Patent Trial Venue Affects Issue Preservation On Appeal

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    Recent federal appellate decisions show that when it comes to the question of procedural availability of patent suit appeals, whether from denial of summary judgment or effective grant of summary judgment to the nonmovant, the answer may depend on where the case is tried, says Conor Tucker at Wilson Sonsini.

  • A Guide To Navigating Bankruptcy's Impact On IP Licenses

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    With a potential recession on the horizon and intellectual property licensors increasingly likely to seek bankruptcy protection, it is critical to understand how licenses will be treated in bankruptcy, be aware of questions left open by a seminal U.S. Supreme Court decision, and consider careful agreement drafting to avoid bankruptcy's disruptive impacts, say Robert Eisenbach and Evan Lazerowitz at Cooley.

  • Enforcing Patents Isn't Easier As America Invents Act Turns 10

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    Federal Court patent litigation during the America Invents Act's first decade shows that enforced high-tech litigation awards for small- and medium-size high-tech companies are rare and the process isn't easier, and the Restoring America Invents Act under consideration does not move the system toward rebalancing, say attorneys at Mintz.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

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