Intellectual Property

  • July 21, 2021

    Blockchain Execs Put Profits Over Tech, Investor Says

    Executives at blockchain company CasperLabs damaged the company's prospects and misled investors by putting personal gain over technological development, a CasperLabs investor has told a California federal court.

  • July 21, 2021

    Fed. Circ. Won't Flip Hershey Creamery Mixer IP Loss

    Hershey Creamery and Hamilton Beach Brands have lost their bid for the Federal Circuit to undo losses in a mixing machine patent fight with milkshake company f'Real Foods.

  • July 21, 2021

    Ga. Justices To Review Google-Edible Arrangements Ad Fight

    The Georgia Supreme Court said it will take up an advertising dispute between Google and Edible Arrangements, which alleges that the tech giant violated its intellectual property rights by selling ads linked to the Edible Arrangements trade name.

  • July 21, 2021

    UMass Tells Fed. Circ. To Wipe Out L'Oreal's Skincare IP Win

    The University of Massachusetts has asked the Federal Circuit to overturn a Delaware judge's decision that the university's moisturizer patents asserted against L'Oreal were indefinite, arguing that anyone in the skin care field would know what the patent claims mean.

  • July 21, 2021

    'Right To Repair' Law Puts Car Brands In Lurch, Court Told

    Major automakers risk turning off consumers and hurting their brands if they comply with an expansion of Massachusetts' "Right to Repair" law, an auto industry group told a federal judge Wednesday as it sought an accelerated ruling following a bench trial.

  • July 21, 2021

    Nreal Wants Out Of Epic Games' TM Suit Over Unreal Platform

    Chinese smart glasses creator Nreal is urging a North Carolina federal judge to throw out Epic Games' trademark lawsuit against it or transfer the case to California, one day after it hit the game maker with a suit of its own in the Golden State.

  • July 21, 2021

    Winston & Strawn Joins NCAA NIL Case After High Court Win

    Jeffrey Kessler, Winston & Strawn LLP's co-executive chair who recently argued college athletes' winning U.S. Supreme Court case against the NCAA, is again teaming up with Hagens Berman Sobol Shapiro LLP in ongoing class claims challenging the organization's name, image and likeness rules.

  • July 20, 2021

    Fed. Circ. Dismisses Mic Maker's Fight Over Injunction

    The Federal Circuit on Tuesday shot down an interlocutory appeal by Shure Inc., letting stand a lower court's finding that Shure was in contempt of an order barring the Illinois microphone maker from selling one of its products in the midst of a patent lawsuit.

  • July 20, 2021

    Want To Avoid PTAB Discretionary Denials? Try A Stipulation

    As the Patent Trial and Appeal Board grapples with how to manage its discretion to deny patent reviews, petitioners should consider filing stipulations that seek to avoid potentially duplicative arguments to help move their challenges forward, a patent lawyer said during a webinar presentation on Tuesday.

  • July 20, 2021

    USPTO Further Clarifies Arthrex's Director Rehearing Process

    The U.S. Patent and Trademark Office won't let parties requesting director review of Patent Trial and Appeal Board decisions under Arthrex present new arguments or evidence, according to additional guidance released by the agency on Tuesday.  

  • July 20, 2021

    ITC Won't Review Canon Ruling Over Toner Patents

    The U.S. International Trade Commission will not review a decision to close the book on an investigation requested by Canon Inc. into imported toner supply containers, after the parties involved agreed to drop the probe.

  • July 20, 2021

    Apple Won't Get Full Fed. Circ. Redo Of Qualcomm Ruling

    The Federal Circuit ruled Tuesday that Apple can't get an en banc rehearing of an April finding that the tech giant lacks standing to appeal Patent Trial and Appeal Board rulings upholding two Qualcomm patents.

  • July 20, 2021

    Ex-Copyright Office GC, 2 Others Named To New Claims Board

    The Library of Congress announced Tuesday that attorneys from the U.S. Patent and Trademark Office, Phillips Nizer LLP and McGuireWoods LLP will be the first officers on the newly minted Copyright Claims Board.

  • July 20, 2021

    Apple Says 4G Patent Case Could Kill IPhone Sales In UK

    A lawyer for Apple suggested at a London trial Tuesday that if the company is "forced" to stop selling iPhones and iPads in the U.K. rather than accept court-determined licensing terms for 4G patents before seeing the terms, it would be consumers who would lose out.

  • July 20, 2021

    UNC Launches First College Athlete Group Licensing Program

    The University of North Carolina said Tuesday it is partnering with marketing and licensing agency The Brandr Group in what is believed to be the first group licensing program for college athletes, allowing them to profit from their names on Tar Heels jerseys and potentially video games.

  • July 20, 2021

    Taylor Swift Says 'Shake It Off' Didn't Copy 'Players,' 'Haters'

    Taylor Swift is urging a California federal judge to once and for all toss a lawsuit accusing her of ripping off lyrics for her hit "Shake It Off," arguing that the public domain phrases "players gonna play" and "haters gonna hate" are not copyrightable.

  • July 20, 2021

    Racing Boat Biz Takes $5M TM Loss To 2nd Circ.

    Racing sailboat maker LaserPerformance has asked the Second Circuit for a new trial after a jury found it infringed an Olympic sailor's trademark for a Laser dinghy design and it was ordered to pay more than $5 million.

  • July 19, 2021

    Novartis IP Expert Slams Rival's Royalties Estimate At Trial

    During a California federal jury trial Monday over claims Novartis owes a Daiichi Sankyo subsidiary royalties for infringing its skin cancer patents, Novartis' patent damages expert criticized the unit's $47.2 million royalties estimate and testified that any royalties should be $1.89 million at most.

  • July 19, 2021

    Galderma Gets PTAB To Invalidate Wrinkle Treatment Patent

    The Patent Trial and Appeal Board has invalidated claims in a patent owned by Allergan's Korean partner covering an "animal-protein-free" treatment for smoothing out wrinkles that had been challenged by rival Galderma.

  • July 19, 2021

    Perkins Coie IP Atty Confirmed As Fed. Circ.'s 1st Black Judge

    The Federal Circuit will see its first Black judge after a bipartisan Senate vote Monday to confirm Tiffany P. Cunningham, a Perkins Coie LLP partner and veteran patent litigator who said the appellate position had long been her "dream job."

  • July 19, 2021

    Albright Won't Let Apple Transfer IP Suit Out Of Texas

    Western District of Texas Judge Alan D. Albright on Monday refused to let Apple move a small smartphone company's patent infringement suit against it from the Lone Star State to California, finding that the company's related case against Samsung weighs against transfer.

  • July 19, 2021

    Ex-Execs Seek Win In Pharma Inventory Co. Trade Secret Row

    Two high-ranked former employees at a pharmacy inventory company asked a Georgia federal judge Friday to toss a poaching suit against them, arguing that depositions and reports have confirmed they didn't misuse company information or violate their employment agreements.

  • July 19, 2021

    Tiffany & Co., Costco End Yearslong Trademark Dispute

    Tiffany & Co. and Costco Wholesale Corp. have agreed to drop their long-running fight over Costco's use of the word "Tiffany" to market diamond engagement rings.

  • July 19, 2021

    Astros Say Pitch Signs Too Conspicuous To Be Trade Secrets

    Hand signals between pitchers and catchers aren't trade secrets if they're put on display for an entire baseball stadium, the Houston Astros said as they asked a judge to dismiss "baseless" claims by a former hurler who says he was victimized by the team's cheating.

  • July 19, 2021

    PTAB Won't Take Up Unified's Challenge Of Video Patent

    Unified Patents was dealt a loss when the Patent Trial and Appeal Board refused to review a video compression standard-essential patent owned by the Electronics Telecommunications Research Institute and other Korean institutions.

Expert Analysis

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Opinion

    IP Ordinary Observer Test Lacks Consistency And Clarity

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    The U.S. Supreme Court's test for evaluating design patent infringement through the eyes of an ordinary observer is too subjective and unpredictable due to a dearth of guidance concerning the types of testimony permissible in applying the test, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.

  • What Private Cos. Can Learn From Biden Cybersecurity Order

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    Following the Colonial Pipeline hack, President Joe Biden's recent executive order mandating cybersecurity improvements at federal agencies offers a blueprint for private sector companies that need to modernize their own cybersecurity practices, say attorneys at Squire Patton.

  • Strategic Applications Of ITC Admin Law Judge Pilot Program

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    In light of a new U.S. International Trade Commission pilot program allowing administrative law judges to issue interim initial determinations in unfair import intellectual property investigations, parties should consider strategic opportunities for leverage through early identification of key issues and weaknesses in opponents' cases, say attorneys at Arnold & Porter.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • How Tech Race Bill Expands CFIUS Purview To Academia

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    A recently proposed bill that extends Committee on Foreign Investment in the United States oversight to certain foreign funding of U.S. academic institutions highlights policymakers’ view that higher education institutions are not exempt from ongoing policy and legal efforts to press the U.S.-China technology race, says Hdeel Abdelhady at MassPoint Legal.

  • Rebuttal

    HIV Drug IP Waiver Success Should Guide COVID Vax Rollout

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    A Law360 guest article's recent argument that waiving patent protections for COVID-19 vaccines would discourage innovation and harm U.S. industry doesn't hold up against the World Trade Organization's successful compulsory licensing of HIV and AIDS drugs in the early 2000s, says Francis Ssekandi at IPM Associates.

  • Anti-Money Laundering Risks Amid Rising NFT Popularity

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    Last quarter’s nonfungible token sales were 20 times higher than the prior quarter’s volume, making it important that individuals and financial institutions consider several provisions of the recently passed Anti-Money Laundering Act that present compliance risks for NFT transactions, say attorneys at King & Spalding.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Crypto's Enviro Costs Present Challenges For Companies

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    As the value and popularity of cryptocurrency and other digital assets burgeon, their hidden environmental costs will attract increasing scrutiny — potentially forcing companies to reconcile their desire to embrace new technology with their publicly professed sustainability goals, say attorneys at Crowell & Moring.

  • A Practical Metric For Annual Patent Filing Targets: Part 1

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    Analyzing recent National Science Foundation data, Michael Sartori and Matthew Welch at Baker Botts propose an objective, practical metric to help companies determine a target for the number of nonprovisional utility patent applications to file annually based on comparisons of research and development spending among similar companies.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Overlooked Patent Cases: Preclusion's Effect On Settlement

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    Recent, potentially overlooked federal district court decisions expanding the scope of a patent litigation preclusion doctrine demonstrate that parties must consider the long-reaching preclusive impact of dismissing suits with prejudice when drafting terms of settlement agreements, say attorneys at Akin Gump.

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