Intellectual Property

  • September 14, 2020

    Aon Compares Rival's Product To 'A Plagiarized Paper'

    Aon PLC is urging an Illinois federal judge to block former employees from selling a "virtually identical" version of the professional services firm's PeerTracker performance software, comparing the ex-workers' variant to "a plagiarized paper."

  • September 14, 2020

    Nokia Escapes Antitrust Suit Over Cellphone Tech Patent Pool

    A Texas federal court has tossed a suit from a German auto component supplier accusing Nokia Corp. and others of violating antitrust law through their licensing practices for a pool of standard-essential patents covering cellular technology.

  • September 14, 2020

    Apple, HTC, ZTE Ask Fed. Circ. To Undo PTAB Loss

    Apple, HTC and ZTE are asking the Federal Circuit to overturn the Patent Trial and Appeal Board's decision to uphold a mobile transmission patent owned by an Inventergy Global Inc. affiliate, saying the board's ruling went against its own earlier findings.

  • September 14, 2020

    EU Cancels Banksy's 'Bad Faith' Trademark Registration

    The European Union's intellectual property agency on Monday canceled a trademark registration held by anonymous street artist Banksy for one of his most famous works, ruling that it had been filed in bad faith.

  • September 14, 2020

    Actavis $19M Deal In ADHD Drug Antitrust Suit Gets Initial OK

    A Massachusetts federal judge has given her initial approval of a $19.9 million settlement deal between pharmaceutical company Actavis and the direct purchaser class in a lawsuit that accused the company, along with fellow pharma company Shire, of conspiring to delay sales of a generic version of the attention deficit hyperactivity disorder medication Intuniv.

  • September 11, 2020

    Ill. Appeals Court Frees Insurer From Covering Tech Sale Suits

    An Illinois appeals court found Friday that a lower court did not err when it freed Hanover Insurance Co. from covering MRC Polymers Inc. in underlying suits alleging MRC misrepresented product performance, holding that a policy exclusion bars coverage.

  • September 11, 2020

    Sugar Daddy Dating Site Seeking.com Hits Rival With TM Suit

    A sugar daddy dating service called Seeking Arrangement on Friday slammed a competitor for allegedly ripping off its websites and apps, telling a California federal court that Successful Match has been infringing various trademarked phrases including "mutually beneficial relationships," "seeking millionaire" and "relationship on your terms."

  • September 11, 2020

    6th Circ. Says Jurors' Outside Info Triggers New IP Trial

    The Sixth Circuit has ordered a new trial on 3D design software maker Dassault's copyright and trademark infringement claims against a Detroit software educator, saying the jury's receipt of "extraneous" information during deliberations, before awarding $250,000 to Dassault, was a "palpable defect."

  • September 11, 2020

    Ex-NJ Casino Exec Must Return Phone With High-Roller Info

    A former executive at Borgata Hotel Casino & Spa must turn over the cellphone he likely used to lure its high-rollers to Ocean Casino Resort after taking a job there, a Nevada federal judge has ordered in Borgata's trade secrets misappropriations suit against its Atlantic City gaming rival.

  • September 11, 2020

    Biden Win Would Shift, Not Shatter, Trump China Policy

    Democratic presidential nominee Joe Biden is largely positioning his campaign as a strict rebuke of the Trump administration, but when it comes to China trade policy, a Biden presidency would likely only bring subtle changes.

  • September 11, 2020

    Ex-Fed. Circ. Chief Takes Acer Trade Secrets Row To Justices

    The Federal Circuit flouted U.S. Supreme Court precedent when saying a trade secrets dispute with underlying patent concerns doesn't belong in federal court, Acer America Corp. has told the justices in a petition led by the circuit court's former chief.

  • September 11, 2020

    ADHD Med Buyers Can't Yet Appeal Class Cert. Denial

    A First Circuit panel has denied a bid by consumers to immediately appeal a Massachusetts federal court's refusal to certify their class in an antitrust suit alleging Shire and Actavis delayed alternatives for Intuniv, a medication for attention deficit hyperactivity disorder.

  • September 11, 2020

    Fed. Circ. Extends Pandemic-Related Closure Through Oct. 19

    The Federal Circuit said Friday the court will remain shuttered to the public through Oct. 19 because of the COVID-19 pandemic, tacking on an additional month to an earlier closure order that was set to expire Monday.

  • September 11, 2020

    Brand Battles: Zora Neale Hurston's Family Fights 'Zora' Mag

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the heirs of "Their Eyes Were Watching God" author Zora Neale Hurston are pushing to block an application for Medium's "Zora" magazine geared toward women of color — plus four other TTAB cases you need to know.

  • September 11, 2020

    White & Case Nabs IP Litigator From Fish & Richardson

    White & Case LLP has hired a former principal from Fish & Richardson PC who has represented major technology companies such as Microsoft in high-stakes patent disputes to join its intellectual property practice in Silicon Valley.

  • September 11, 2020

    6th Circ. Backs Sailmaker's $2.5M Win To End 'Epic Saga'

    The Sixth Circuit has affirmed a Michigan sailmaker's $2.5 million win as part of "an epic saga" alleging a South African sailmaking company illegally sold sails, rejecting arguments that a special master's recommendations in the case went beyond the scope of what he was told to do.

  • September 11, 2020

    'Reckless' Kingston Uses IP System As 'Doorman,' Judge Told

    Pavo Solutions urged a California federal judge Friday to triple a $7.5 million patent infringement verdict levied against Kingston Technology over a USB design, saying the "reckless" company showed a total disregard for intellectual property law and turned the IP system into its "doorman."

  • September 11, 2020

    PTAB To Review Packet Intelligence IP That Netted Jury Win

    The Patent Trial and Appeal Board will review four Packet Intelligence LLC data network monitoring patents, some of which drew a $6 million jury win in 2017 that was later trimmed, shooting down the company's request for the board to use its discretion to deny the petitions.

  • September 11, 2020

    2nd Circ. Says Apple 'Ion-X' Doesn't Infringe 'Ionex' TM

    The Second Circuit ruled Friday that Apple Inc. didn't violate a smaller company's "Ionex" trademark by using the name "Ion-X" for the chemically hardened glass used on the Apple Watch.

  • September 11, 2020

    Prudential Calls For End To 'Shell Game' In Domain Fight

    An attorney for Prudential said Friday that the registrant of a domain name identical to the company's trademark is running a "shell game" after also claiming to represent the domain's owner, which has been largely absent from the cybersquatting case.

  • September 11, 2020

    IP Hires: Desmarais, Baker Botts, Kirkland, Fox Rothschild

    Desmarais, Baker Botts, Kirkland and Fox Rothschild are among the latest firms to bring on attorneys with experience in intellectual property law. Here are the details on their newest IP hires, featuring steals from WilmerHale, Sidley Austin, Oblon and Lewis Brisbois.

  • September 11, 2020

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

    The past week in London has seen a patent holding company sue Apple, a German financial planner take retailer Boots to court over debt, and a jailed legal adviser to an Emirati state-run fund take aim at Dechert LLP and the head of its white collar team. Here, Law360 looks at those and other new claims in the U.K.

  • September 10, 2020

    Cannabinoid Maker Hits Amyris With $881M Trade Secrets Suit

    A cannabinoid manufacturer slapped biotech company Amyris with an $881 million trade secrets suit Thursday, alleging the company inked a research and development agreement to boost its stock price and then reneged on the terms to conceal a "rotten" business model.

  • September 10, 2020

    HuffPost Beats Copyright Suit Over Jon Hamm Crotch Photo

    A Manhattan federal judge ruled Thursday that HuffPost didn't violate copyright law by republishing a famous image of actor Jon Hamm that went viral in 2013 because it appeared to prominently display his genitals.

  • September 10, 2020

    Tattoo Artist Fights WWE's Bid To Nix Copyright Suit

    World Wrestling Entertainment Inc. and video game maker Take-Two Interactive Software Inc. shouldn't be given an easy out in a suit claiming they violated a tattoo artist's intellectual property rights by reproducing her designs on the digital avatar of a star wrestler, the artist told an Illinois federal judge Thursday.

Expert Analysis

  • Attys Shouldn't Overlook Obligations To Potential Clients

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    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • Noncompete Considerations As Businesses Reopen, Rehire

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    The lesson from the First Circuit's recent decision in Russomano v. Novo Nordisk is that employers should not assume a rehired or recalled employee will be bound by the post-employment restrictive covenants signed prior to a pandemic-related layoff or termination, say James Hays and Jamie Moelis at Sheppard Mullin.

  • Foreign Patent Damages Recovery 2 Years After WesternGeco

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    While there have been surprisingly few opinions about extraterritorial patent damages since the U.S. Supreme Court's 2018 decision in WesternGeco v. ION, parties should be considering the ruling's potential to immensely increase recovery to plaintiffs, say Jenny Colgate and Sheena Wang at Rothwell Figg.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

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    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • The Latest Legal Trends In Data Scraping And Ownership

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    As competitors and courts grapple with different fact patterns involving web scraping, data owners are finding that the law does not provide clear guiding principles for when extraction of information from a website, database or program is legal, say Wesley Horner and Bart Eppenauer at Shook Hardy.

  • Can Big Damages Awards Affect Patent Valuation Dynamics?

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    Last week, a jury in the Eastern District of Texas ordered Apple to pay $506.2 million for willfully infringing patents covering 4G LTE technology. Jack Lu at IPMAP explores what such large damages awards could mean for patent valuations across the litigation, transactions and licensing markets.

  • Safeguards Against Legal Malpractice Liability As Claims Rise

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    History suggests that the COVID-19 crisis will lead to a surge in legal malpractice claims, but proper documentation, regular conflict checks and a few other steps can help minimize exposure, say attorneys at Munger Tolles.

  • New Survey Methods May Assess TM Dilution With More Detail

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    To demonstrate dilution by the blurring of a famous trademark's distinctiveness, research reveals that two new survey methodologies may be more robust than the current association standard used in the recent Oklahoma federal court case BOKF v. DOK, say consultants at Analysis Group and Joel Steckel at NYU.

  • What 9th Circ. Qualcomm Licensing Ruling Means For SEPs

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    As a result of the Ninth Circuit's decision Tuesday that Qualcomm's licensing practices for standard-essential patents don't violate antitrust law, future SEP disputes are likely to be rooted in contract and patent law, and innovators are more likely to aggressively seek 5G wireless-related SEP patents, say attorneys at Sterne Kessler.

  • 3 Ways Law Firms Can Guard Diversity Gains During Crisis

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    Law firm managing partners must institute comprehensive, firmwide policies to ensure tenuous progress made in recruiting and retaining more women and attorneys of color is not lost due to pandemic-related layoffs and budget cuts, says Debra Pickett at Page 2 Communications.

  • Statutory Copyright Damages Offer Musicians A Viable Option

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    Two recent federal court rulings, Sony Music v. Cox and Broadcast Music Inc. v. Buffalo Wing Joint, illustrate how musicians and record companies can use the Copyright Act's statutory damages provision to deter infringement in situations where showing actual damages would be too difficult or economically unfeasible, says Christopher Dyess at Schlam Stone.

  • How Orange Book Listings Affect Patent Density, Exclusivity

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    Analysis of U.S. Food and Drug Administration-approved new drug applications in the Orange Book between 2011 and 2019 reveals a nearly 600% increase in patent density for new small-molecule drugs, a rise in marketplace exclusivity due to so-called patent evergreening, and other salient trends, say consultant Omar Robles and former analysts Emily Rothkin and Daniel Yu at NERA.

  • Tips For Effective Witness Cross-Examination In Remote Trials

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    Videoconference court proceedings can stifle much of what makes cross-examination exciting, but the savvy trial lawyer can adjust to make the same truth-inducing impact on a witness as in a live setting, say attorneys at Selendy & Gay.

  • What I Learned As A Virtual Summer Associate

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    It is necessary in a virtual law firm summer program to think twice about asking questions you may be able to answer on your own, but this independence and other aspects of a remote internship may help to instill habits that would be useful for future full-time associates, says law student Kelley Sheehan, who interned at Patterson & Sheridan this summer.

  • Sustainable Food Progress May Close Global Regulatory Gap

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    As the need for sustainable food production grows, the European sector will likely align with less stringent U.S. regulatory standards, which will further enable U.S. companies to expand globally and lead to more sophisticated intellectual property strategies in all regions, say Jane Hollywood and Fiona Carter at CMS Legal.

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