Intellectual Property

  • July 31, 2020

    No Evidence Unofficial SCAD Merch Confusing, 11th Circ. Told

    Counsel for an online retailer urged the Eleventh Circuit on Friday to reverse a judgment declaring that its unauthorized merchandise that uses the Savannah College of Art and Design logo is likely to cause confusion among consumers, arguing that the college presented no evidence of confusion in the market.

  • July 31, 2020

    Alice-Axed Bovine Breeding Patent Revived At Fed. Circ.

    The Federal Circuit on Friday revived XY LLC's patent covering a way of selectively breeding cattle and other mammals, reversing a Colorado federal judge's finding that the patent doesn't hold up under the U.S. Supreme Court's Alice decision.

  • July 31, 2020

    Taxation With Representation: Davis, Baker Botts, Kirkland

    In this week's Taxation With Representation, analytics company Clarivate agrees to a $6.8 billion merger, NRG Energy acquires Centrica's North American unit, and sports betting business Rush Street Interactive goes public in a $1.8 billion merger deal.

  • July 31, 2020

    Fed. Circ.'s UT Immunity Ruling Places Licensing In Spotlight

    The Federal Circuit's recent decision expanding the University of Texas' sovereign immunity while letting a licensee pursue infringement litigation alone is raising a host of questions about how private companies and public universities should approach patent licensing agreements.

  • July 31, 2020

    Liquor Giant Can't Escape Yearslong Stoli Vodka TM Battle

    A Manhattan federal judge is refusing to let spirits giant William Grant & Sons Inc. exit a long-running legal battle over the trademark rights to Stolichnaya vodka.

  • July 31, 2020

    Health Hires: McDermott, Goodwin, Gordon Rees

    McDermott nabbed a regulatory counsel and litigator from Arent Fox to join its FDA practice, Goodwin hired a former Wilson Sonsini partner who focuses on patent prosecution, and Gordon & Rees added a former counsel at Reed Smith, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • July 30, 2020

    EU Sanctions N. Korea, China Firms For Alleged Cybercrime

    The European Union on Thursday imposed financial and travel restrictions on a Russian military intelligence unit and Chinese and North Korean companies accused of supporting a global set of cyberattacks, in its first ever sanctions over cybercrime.

  • July 30, 2020

    Netflix Loses Bid To Wipe Out Video Streaming IP Under Alice

    Netflix Inc. will have to face claims that it infringed Personalized Media Communications LLC's adaptive video streaming patents based on technology from the 1980s, after a New York federal judge declined Wednesday to hold the patents invalid under Alice.

  • July 30, 2020

    Chinese National Admits Trade Secret Theft From Ohio Lab

    A Chinese national pled guilty Thursday in Ohio federal court to conspiring to steal trade secrets from Nationwide Children's Hospital, where she worked as a researcher.

  • July 30, 2020

    'Guilty Feelings' For Atty After In-Person IP Jury Trial Dud

    A Colorado federal jury serving in a "pilot" in-person trial on Wednesday awarded a communications company only a tiny fraction of the roughly $2 million it was seeking from one of its former dealers it had accused of unauthorized sales, leaving the company's attorney feeling that bringing in the jury wasn't worth the health risk.

  • July 30, 2020

    Justices Told Horizon's IP Loss 'Casts A Pall' On 32K Patents

    Horizon is urging the U.S. Supreme Court to take up its appeal of a divided Federal Circuit decision that struck down part of its patented arthritis drug Pennsaid, saying the ruling "casts a pall of uncertainty" over the validity of tens of thousands of patents with similar phrasing.

  • July 30, 2020

    Patent Co. Targets General Dynamics's $883M Army Contract

    A virtual reality patent holder on Thursday hit General Dynamics Corp. with an infringement claim, saying the aerospace and defense company plans to use stolen technology in its $883 million contract with the U.S. Army to develop new training methods for soldiers.

  • July 30, 2020

    Apple Can't Get Fed. Circ. To Rehear 'Unfettered' PTAB Ruling

    The full Federal Circuit has declined to revisit a decision blocking Apple and Visa from appealing the Patent Trial and Appeal Board's "unfettered discretion" to throw out covered business method reviews of an e-wallet patent.

  • July 30, 2020

    Humira Buyers Take AbbVie Antitrust Challenge To 7th Circ.

    Humira buyers are appealing to the Seventh Circuit an Illinois federal judge's dismissal of their proposed class action claiming AbbVie Inc. built a "patent thicket" around the immunosuppressant drug to block cheaper biosimilars from entering the market.

  • July 30, 2020

    PTAB Axes Antecip IP, Rejects Its Printed Publication Stance

    The Patent Trial and Appeal Board has invalidated three Antecip Bioventures pain treatment patents, shooting down its argument that German rival Grunenthal GmbH didn't do enough at the institution stage to prove that five printed publications qualify as prior art.

  • July 30, 2020

    Biogen Can't Block Mylan MS Drug Launch During IP Appeal

    The Federal Circuit on Thursday paved the way for Mylan to launch its forthcoming generic version of Biogen's top-selling multiple sclerosis drug Tecfidera while Biogen appeals the invalidation of a patent covering the drug.

  • July 30, 2020

    Calif. Chief Cybercrimes Prosecutor Jumps To Halpern May

    Halpern May Ybarra Gelberg LLP has picked the former chief of the cyber and intellectual property crimes section at the U.S. attorney's office in Los Angeles to head its new cybersecurity and data privacy practice group. 

  • July 30, 2020

    Celgard Wins Ban On Chinese Batteries In Trade Secrets Row

    A London judge on Thursday blocked a Chinese maker of lithium-ion battery components from selling certain products in the United Kingdom while U.S.-based Celgard pursues its claims that the rival's business is built on trade secrets stolen by one of its former scientists.

  • July 29, 2020

    Apple Wants $700M VirnetX Retrial Pushed Back Due To Virus

    Apple has urged a Texas federal court to delay its upcoming $700 million retrial with VirnetX, saying infection rates in the areas surrounding the courthouse are so high that it's "a virtual certainty that someone with COVID-19 will be at the trial," according to a motion unsealed Wednesday.

  • July 29, 2020

    HIV Drug Suit Against Gilead, BMS And Janssen Trimmed

    A California federal judge dismissed attempts to revive allegations of an antitrust conspiracy involving Gilead, Bristol-Myers Squibb and Janssen Pharmaceuticals to block generic competition and keep HIV medication prices artificially high in a decision unsealed Wednesday that nevertheless left intact key parts of the complaint.

  • July 29, 2020

    Fed. Circ. Won't Add To $4.4M Atty Fee In IP Suit Gov't Lost

    The Federal Circuit on Wednesday refused to tack supplemental attorney fees onto a $4.4 million fee award and a $200,000 judgment against the government in a patent case out of the U.S. Court of Federal Claims, ruling that only the claims court has the authority to grant such fee requests.

  • July 29, 2020

    Fed. Circ. Chides Burden Shifting In FanDuel PTAB Appeal  

    The Federal Circuit on Wednesday refused to invalidate the one claim of a remote gambling patent that survived a Patent Trial and Appeal Board challenge, with the court saying challenger FanDuel impermissibly tried to shift who holds the burden of proof at the board.

  • July 29, 2020

    Fed. Circ. Will Mull Whether LG Blew Deadline In Patent Fight

    The Federal Circuit said Wednesday that it will defer ruling on whether LG took too long to bring an interlocutory appeal following a jury verdict that it infringed a Mondis video display patent licensed to Maxell, asking the companies to more fully brief the issue before it makes a decision.

  • July 29, 2020

    Full 9th Circ. Won't Undo 'Shape Of Water' Copyright Ruling

    The full Ninth Circuit refused on Wednesday to undo a copyright ruling on the Oscar-winning "The Shape of Water" that Disney has warned will promote "protracted, meritless lawsuits."

  • July 29, 2020

    Pot Grower Seeks To Ax Canadian Co.'s TM Fraud Claims

    A Washington marijuana grower accused of selling trademarks his company didn't own has asked a federal court to toss fraud claims brought against him by a Canadian cannabis company, saying the firm is trying to scapegoat him for its own due diligence failures.

Expert Analysis

  • Opinion

    Consumer Perception Is King After Booking.com Decision

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    Following the U.S. Supreme Court's recent Booking.com ruling, practitioners should employ all forms of consumer perception evidence at their disposal when demonstrating that consumers understand an arguably generic term to be a brand, say David Bernstein and Jared Kagan at Debevoise.

  • PTAB Settlement Disclosure Timing Crucial After DTN Ruling

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    The Patent Trial and Appeal Board's recent decision in DTN v. Farms Technology highlights the importance of filing with the board all agreements made in connection with the termination of inter partes reviews as soon as feasible, particularly with advanced-phase settlements, say Keri Schaubert and Aaron Lukas at Cozen O'Connor.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • COVID-19 Layoffs Likely Won't Nullify Fla. Noncompetes

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    A COVID-19 termination probably won't shield Florida workers against noncompete enforcement, but there are several real-world factors companies should consider before pursuing an employee for contract breach, says Alan Goodman at GrayRobinson.

  • How Therapeutic Formulations Affect Medical Device Patents

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    Two recent cases from the U.S. Patent and Trademark Office and the First Circuit provide important insight into how the presence or absence of therapeutic formulations in medical device patent claims can affect patentability, Orange Book listing eligibility, product life cycle management and potential antitrust liability, say attorneys at Wilson Sonsini.

  • 5 Biz Tax Reforms To Aid Long-Term Pandemic Recovery

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    As Congress negotiates another COVID-19 relief package, it should consider business tax measures that provide liquidity and encourage economic recovery by focusing budgetary resources on activities and circumstances connected to the pandemic and associated economic slowdown, says George Callas at Steptoe & Johnson.

  • Tips For Presenting A Credible Witness By Videoconference

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    With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Preserving Noncompete Enforcement Rights Amid COVID-19

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    Employers considering relaxed noncompete implementation during the pandemic should look to several federal court rulings regarding whether a selective approach may preclude future enforcement, and take steps to minimize such risk, say attorneys at Proskauer.

  • Don't Count On PREP Act To Defend Pandemic IP Infringement

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    The U.S. Department of Health and Human Services' recent guidance, the rise in pandemic-related intellectual property lawsuits, and constitutional considerations suggest that parties cannot rely with certainty on the Public Readiness and Emergency Preparedness Act to protect against infringement claims, say attorneys at Gibson Dunn.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • Altera Could Bolster State Transfer Pricing Scrutiny

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    The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Guide To West Texas Patent Cases Before Albright: Part 1

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    Patent litigants must become familiar with the unique procedures of the Western District of Texas under Judge Alan Albright, who has already heard 18% of all nationwide patent infringement cases this year and is expected to hear more than 600 complaints by the end of 2020, say attorneys at WilmerHale.

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