Intellectual Property

  • August 07, 2019

    Florida Law Firm Tries To Escape 'Simon Says' Tagline Suit

    Central Florida personal injury law firm Nicholson Injury Law PA urged a Florida federal court Tuesday to toss a suit by a competing local firm over the use of the tagline “Simon Says Justice,” arguing that the competitor has no standing to bring federal trademark claims.

  • August 06, 2019

    Brooke Shields' Suit Over Eyebrow Product Trimmed, For Now

    A California state judge on Tuesday nixed Brooke Shields' bid for punitive damages in her suit accusing cosmetics makers and retailers of exploiting her "iconic eyebrows" by selling a shade of eyebrow pencil labeled "Brooke S," saying she needs to restate the claim with more specificity.

  • August 06, 2019

    Fed. Circ. Backs ITC's Infringement Ruling On E. Coli Patent

    The Federal Circuit on Tuesday said the International Trade Commission rightly upheld an Ajinomoto Co. Inc. E. coli bacteria patent used to produce an essential amino acid, and found that a Korean company was infringing it with some of its animal feed additive imports.

  • August 06, 2019

    Sony, Fujifilm End Magnetic Tape IP Fight At Fed. Circ.

    Following Fujifilm and Sony's recent deal to end their patent fight over magnetic tapes for audio cassettes and videotapes, the Federal Circuit on Tuesday said it was lifting an import ban on Sony's data cartridges.

  • August 06, 2019

    9th Circ. Judge Laments 'No End' To Steinbeck IP Fight

    A Ninth Circuit judge expressed exasperation Tuesday over the latest appeal in decadeslong litigation between John Steinbeck's heirs over the rights to his award-winning literary works, comparing it to the fabled interminable legal fight in Charles Dickens' "Bleak House" and saying, "There's just no end to it."

  • August 06, 2019

    Womble Bond Adds Bracewell IP Pro In Houston

    Womble Bond Dickinson has added an intellectual property partner from Bracewell LLP to its Houston office, expanding its offering for life sciences and energy clients.

  • August 06, 2019

    MTV's 'Floribama Shore' Rips Off Bar's Trademark, Suit Says

    The company that owns the trademark rights for the Flora-Bama Lounge, a bar straddling the Alabama-Florida state line, slapped MTV with an infringement suit in Florida federal court Tuesday alleging that its reality show "Floribama Shore" knowingly trampled on its 55-year-old trademark.

  • August 06, 2019

    Country Rapper Shot Paintings With Assault Rifle, Artist Says

    Country music performer Ryan Edward Upchurch — known by his fans simply as "Upchurch" — uploaded a video of himself shooting an artist's paintings with an assault rifle, scrawled an insult directed toward the artist on one of the paintings, and then auctioned the works off, according to a suit filed Monday in Florida federal court.

  • August 06, 2019

    ClearOne Blocks Rival's Sales In Hidden Microphone IP Suit

    An Illinois federal judge on Monday granted ClearOne's request for an injunction that blocks a rival company from marketing and selling a competing microphone that can pick up sound throughout a conference room while remaining hidden from view in the ceiling.

  • August 06, 2019

    Fed. Circ. Says Computer Patents Not Infringed, Revives 1

    The Federal Circuit on Tuesday upheld a California jury verdict that a Taiwanese electronics maker and its third-party sellers did not infringe a rival’s patents for a keyboard-video-mouse switch, though it reversed the jury’s finding that one of the patents was invalid.

  • August 06, 2019

    DePuy Gets $8.2 Million Patent Judgment Slashed In Half

    A Wisconsin federal judge on Monday chopped an $8.2 million patent verdict against DePuy down to $4.3 million, reinstating a pre-trial decision that a DePuy orthopedic implant product does not infringe an Acantha LLC patent.

  • August 06, 2019

    Mylan Blasts '11th Hour' Discovery Push In EpiPen Row

    Consumers shouldn't be allowed more time for discovery in multidistrict litigation over EpiPen price hikes, Mylan has told a Kansas federal judge, blasting what it described as a last-minute request predicated on failings for which the plaintiffs "are entirely at fault."

  • August 06, 2019

    Old Spice Facing Copyright Fight Over Whistle Jingle

    A composer who says he created the famous Old Spice whistling jingle is accusing Procter & Gamble of using a copyright-infringing tune to promote its products after their contract ended.

  • August 06, 2019

    Atty-Turned-Writer Can Fix CAA Contract Suit

    A former prosecutor alleging his agents at Creative Artists Agency LLC breached their contract by stealing his fictionalized law enforcement television series idea and helping more powerful clients shop it can amend his suit, a California judge said Monday after she found he hasn't clearly alleged what the contract entailed.

  • August 05, 2019

    Ericsson Tells Fed. Circ. $75M Verdict Good Under Alice

    Ericsson Inc. faced tough questions Monday while fighting to preserve a $75 million Texas jury verdict, as a Federal Circuit panel asked why a patent the company says protects smartphone users from malicious apps is patent eligible.

  • August 05, 2019

    Bitcoin 'Creator' Rebuts Expert's Forgery Finding In $10B Suit

    Facing possible sanctions from a Florida federal court, the Australian computer scientist who claims to have invented bitcoin sought to poke holes in a forensic expert's testimony Monday that he filed doctored documents in a $10.2 billion lawsuit alleging he stole from his late business partner.

  • August 05, 2019

    Time Warner Asks Fed. Circ. To Stay $145M Sprint Patent Win

    Time Warner Inc. asked the Federal Circuit on Monday to stay a $145 million judgment the company must pay to Sprint for infringing five patents, saying that having to immediately pay the money would be a huge burden and make it hard to regain it if the decision is reversed.

  • August 05, 2019

    Cellino & Barnes Name Fight Tossed, For Now

    A New York federal judge on Monday threw out a lawsuit by personal injury firm Cellino & Barnes PC that accused family members of one of its name partners of unlawfully infringing the firm's well-known trademarks when they launched a rival shop.

  • August 05, 2019

    Fed. Circ. Backs Sony's PTAB Wins On Image Sensor Patents

    The Federal Circuit on Monday refused to revive two patents challenged by Sony Corp. covering an image sensor used in video cameras, citing its separate ruling last week that it is constitutional for the Patent Trial and Appeal Board to review patents that pre-date the America Invents Act.

  • August 05, 2019

    L'Oreal Stole 'Game-Changing' Secrets, Del. Jury Told

    Beauty product giant L'Oreal USA Inc. used its corporate savvy to steal trade secrets related to a "game-changing" hair-coloring product from a much smaller startup company, a Delaware federal jury was told Monday.

  • August 05, 2019

    Hooper Lundy Nabs Jones Day Partner To Spearhead IP Group

    Hooper Lundy has added a patent litigator from Jones Day in San Diego to lead its new intellectual property practice that was launched Monday. 

  • August 05, 2019

    Facebook Can't Claim Patent Suit Costs, Fed. Circ. Told

    A tech developer told a skeptical Federal Circuit panel Monday that even though Facebook got a claim on a personalized ad invention tossed by patent authorities, the social media giant can't use that to recover costs in a related federal court case.

  • August 05, 2019

    Fed Circ. Stands By Reviving Semiconductor IP Suit

    The Federal Circuit won't back away from its decision to revive patent suits against Nanya Technology Corp. and United Microelectronics Corp. over semiconductor technology, shooting down pleas from Nanya that the case should have been dismissed and refiled naming the patents’ former owner.

  • August 05, 2019

    Drugmakers Fight To Undo Loestrin Antitrust Class Cert.

    Warner Chilcott and Watson Pharmaceuticals want the First Circuit to take up their appeal of a class certification ruling in a suit alleging they delayed generic alternatives to the birth control drug Loestrin, saying the buyers are not numerous enough to warrant class treatment.

  • August 05, 2019

    IRS Resumes Examining Cost-Sharing, Citing Altera Ruling

    The Internal Revenue Service on Monday withdrew a directive that had told examiners to hold off on reviewing stock-based compensation issues related to cost-sharing arrangements, citing the Ninth Circuit’s recent decision to uphold regulations challenged by chipmaker Altera Corp.

Expert Analysis

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • Senate May Want To Reconsider Section 112(f) Patent Reform

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    For patentees, application of Patent Act Section 112(f) generates significantly more uncertainty than the mode of peripheral claiming that is otherwise used, and the Senate's proposal to broaden Section 112(f) could create even more uncertainty, says Eric Blatt of Rothwell Figg.

  • 2 E-Discovery Takeaways From FTC V. Qualcomm

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    The recent Federal Trade Commission v. Qualcomm antitrust trial provides two very good reasons to make sure your e-discovery strategy is coordinated with your trial strategy from the start of the case, say Gareth Evans and Ben Barnes of Redgrave.

  • Internal Inconsistencies Limit Design Patent Decision's Utility

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    Although a California federal court's recent decision in Kao v. Snow Monster may seem to offer a multipurpose tool for petitioners in design patent cases, it may not be dependable authority, at least on a few issues, says Jeremy Kriegel of Marshall Gerstein.

  • What Coons And Tillis Learned At Patent Reform Hearings

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    Three recent patent law hearings with testimony from 45 witnesses reinforced what we’ve heard for years — that the U.S. patent eligibility system is broken and desperately needs to be repaired. Several points stood out, say Sens. Chris Coons and Thom Tillis, who head the Senate’s intellectual property subcommittee.

  • How Much Deference Courts Owe To USPTO Guidance

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    While the Federal Circuit has declined to fully decide whether any deference is owed to the U.S. Patent and Trademark Office's guidance, the U.S. Supreme Court's 1944 Skidmore decision provides the appropriate framework for analysis, says Andrew Michaels of the University of Houston Law Center.

  • Return Mail May Make COFC More Attractive To Patent Holders

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    Last week, in Return Mail v. United States Postal Service, the U.S. Supreme Court held that the federal government cannot use any of the three post-issuance proceedings created by the America Invents Act. William Bergmann and Michael Anderson of BakerHostetler examine this decision's effect on future patent infringement claims against the government in the U.S. Court of Federal Claims.

  • A Common Thread In High Court Bankruptcy Cases This Term

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    While the two significant bankruptcy cases from this U.S. Supreme Court term — Taggart v. Lorenzen and Mission Product Holdings v. Tempnology — may appear to involve entirely separate issues, there is a similarity in the cases that could illuminate something important about how the court views bankruptcy law, says Craig Goldblatt of WilmerHale.

  • Key Damages Questions To Ask In Copyright Mediation

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    In order to make meaningful progress at a mediation of a copyright infringement case, the parties should be ready to defend or attack the damages models, including demonstrating whether there is a problem under the Copyright Act's Section 412 that permits or prevents the recovery of statutory damages and attorney fees, says Bruce Isaacs of Signature Resolution.

  • 9th Circ. Got Cost-Sharing Right In Altera V. Commissioner

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    The problem underlying the Ninth Circuit’s recent Altera v. Commissioner decision is one that has long bedeviled courts considering how multinational companies should share tax costs: how to determine what unrelated parties would have done at arm’s length when comparables cannot be found, says Reuven Avi-Yonah at the University of Michigan.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Prospects For NY Summary Judgment In TM Confusion Cases

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    A review of several recent trademark infringement cases from the Southern District of New York reveals an instructive spectrum for comparatively evaluating the strength of a trademark litigant’s summary judgment case, say Ryan Pitman and Sarah Washington of Goldberg Segalla.

  • False Ad Insights From Bud Light 'Corn Syrup' Case

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    A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

  • Considerations In Protecting Trade Secrets During Litigation

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    A cursory review of 2019 case law shows that reliance on protective orders in discovery is on the rise throughout the U.S. Careful attention should be directed to how such an order is structured, what sensitive business information it covers, and how the covered information can be used in the litigation, say Cabell Clay and Jared Nobles of Moore & Van Allen.

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