Intellectual Property

  • August 05, 2019

    Princeton Trustees Deride Claims University Stole AI Data

    The trustees of Princeton University urged a California federal judge to toss a 3-D imaging firm's suit alleging the Ivy League school and Facebook stole its images for artificial intelligence projects, arguing Friday that the materials at issue aren't even copyrighted.

  • August 05, 2019

    Fed Circ. Skeptical That Christmas-Tree Ruling Should Be Cut

    A Federal Circuit panel Monday appeared skeptical of a Christmas tree maker’s argument that a district court should not have issued a declaratory judgment that a rival did not infringe on its patents, because there was no direct litigation between the two companies.

  • August 05, 2019

    Brand Battles: LeBron Guards 'King James' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, LeBron James aims to block a "King James" application, Apple has a prolific week, and Warner Bros. says there's nothing funny about a "Big Bang Theory" catchphrase.

  • August 05, 2019

    Nixed Slot Machine Patent Moots Trade Secrets Suit, Atty Says

    A former in-house counsel at a slot machine company accused of stealing trade secrets to start his own company urged a New Jersey federal court on Monday to consider whether the recent invalidation of the patent at issue moots the case against him.

  • August 05, 2019

    Qualcomm Can't Hang Up On Class Cert., 9th Circ. Told

    Qualcomm's arguments against class certification would be better handled at the district court level on the merits than allowing the chipmaker to challenge an antitrust class estimated at 250 million U.S. consumers at the Ninth Circuit, cellphone buyers said Friday.

  • August 05, 2019

    Facebook, Google, Twitter Reveal Tax Hit From Altera Ruling

    Google, Facebook and Twitter have taken a combined $1.6 billion income tax hit from June's Ninth Circuit decision to reinstate IRS rules requiring related parties in intercompany cost-sharing arrangements to share stock-based compensation expenses, recent SEC filings show.

  • August 05, 2019

    Google, Apple Tell Fed. Circ. IP Validity Can't Go Both Ways

    The Patent Trial and Appeal Board can't invalidate a digital rights management patent claim and then say a "substantially identical" substitute claim holds up, Google and Apple have told the Federal Circuit.

  • August 05, 2019

    International IP Round-Up Stops In Europe, Australia, Brazil

    In Law360's latest roundup of international IP developments, Australia differentiates itself from the U.S. on patent eligibility, Brazil looks to tackle its backlog of patent applications, and Germany changes how trade secrets are protected.

  • August 05, 2019

    King & Spalding Nabs Ex-Kirkland Patent Pro In Chicago

    King & Spalding LLP has brought on a former Kirkland & Ellis LLP partner with 16 years of experience in patent litigation to help grow its intellectual property team in Chicago, the firm has announced.

  • August 05, 2019

    PTAB Sets More Precedent On Discretion To Institute Review

    The Patent Trial and Appeal Board has created more precedent on its discretion not to review a patent, which includes a number of factors the board should now consider in cases where a petition includes the same prior art as those already considered at prosecution.

  • August 02, 2019

    Allergan To Pay $2.7M To End Certain Generic-Delay Claims

    Allergan will pay a combined $2.7 million and allow judgment to be entered against it to resolve claims from three of the plaintiffs accusing the company's subsidiary of delaying generic competition for Asacol, according to letters filed in Massachusetts federal court Friday.

  • August 02, 2019

    Showtime Slips Bobby Brown Suit Over Whitney Doc, For Now

    A Manhattan federal judge on Friday tossed a lawsuit alleging BBC, Showtime and others improperly used footage of Whitney Houston's ex-husband Bobby Brown and the former couple's now-deceased daughter Bobbi Kristina Brown in a 2017 documentary about the late singer.

  • August 02, 2019

    Cisco, Industry Groups Join Altera In 9th Circ. Challenge

    Over 30 companies including Cisco Systems and several industry groups have joined Altera Corp.'s request for the full Ninth Circuit to rehear its case and reverse a panel's finding that stock option costs must be included in cost-sharing agreements with foreign subsidiaries. 

  • August 02, 2019

    Walmart Applies For Digital Currency Patent

    The company that owns the trademark for Walmart.com recently submitted a patent application for a Walmart currency that would be backed one-to-one by the U.S. dollar, according to documents filed with the U.S. Patent and Trademark Office.

  • August 02, 2019

    HTC, Others Get Part Of Telecom Patent Axed At PTAB

    The Patent Trial and Appeal Board nixed several claims from a Koninklijke telecommunications patent after being swayed by arguments from LG Electronics Inc., HTC Corp. and Lenovo Group Ltd. that three of the patent's claims were too obvious for the distinction.

  • August 02, 2019

    7th Circ. Says Pepsi, Gatorade 'Sports Fuel' Slogan Is Fair Use

    A Seventh Circuit panel affirmed PepsiCo Inc.’s quick win in a trademark suit brought by sports nutrition consulting firm SportFuel Inc., saying that Gatorade Co.'s slogan "Gatorade The Sports Fuel Company" is fair use after finding widespread use of the term “sports fuel” in the nutritional product industry.

  • August 02, 2019

    Salix Clears Teva's Ulcerative Colitis Drug For 2021 Launch

    Salix Pharmaceuticals Inc. has struck a deal with Teva Pharmaceuticals USA Inc. to allow a generic version of its ulcerative colitis drug Apriso to come on the market in 2021, drawing an end to litigation in Delaware federal court.

  • August 02, 2019

    2nd Circ. Revives Copyright Suit From Film Critic's Estate

    The Second Circuit on Thursday ruled that works produced by the late film critic Stanley Kauffmann belong to his estate, meaning it can now sue a New York college that published an anthology of his film reviews.

  • August 02, 2019

    FDA Focus: What Foley & Lardner's Practice Chair Is Watching

    Foley & Lardner LLP's practice leader for U.S. Food and Drug Administration issues tells Law360 that he's troubled by persistent manufacturing shenanigans among drug and device makers, irked by the agency's rigid communication policies and eyeing possible changes to regulation of over-the-counter drugs and CBD.

  • August 02, 2019

    Phillies Sue To Stop Mascot From Becoming 'Free Agent'

    Major League Baseball’s Philadelphia Phillies filed a preemptive copyright lawsuit Friday after the creators of the team’s Phanatic mascot threatened to make the beloved character a “free agent.”

  • August 02, 2019

    Facebook Calls On Founding Fathers In Bid To Nix Tagging IP

    Facebook has urged a California federal court to invalidate a BlackBerry image-tagging patent, saying that identifying people in photos is an abstract process that has been done for ages, including to identify the Founding Fathers in an 1818 painting.

  • August 02, 2019

    Chinese Co.'s Exit Ends ITC Probe Into Pickup Truck Bed Tops

    The U.S. International Trade Commission has ended an investigation into folding bed cover systems for pickup trucks after a Chinese importer accused of infringing patents held by two Michigan-based companies agreed to stop selling the products in the U.S.

  • August 02, 2019

    Incyte Sues Incysus For Having Too Similar A Name

    Biopharmaceutical company Incyte Corp. sued newer rival Incysus Therapeutics Inc. in Delaware federal court on Thursday for allegedly infringing its trademarks by using a similar name and logo design that, Incyte claims, gives a “confusingly” and nearly identical commercial impression.

  • August 02, 2019

    Nasdaq's 'Disagreement' No Basis For Rehearing, PTAB Says

    In a pair of decisions, the Patent Trial and Appeal Board said Thursday that “mere disagreement” with a prior decision barring Nasdaq Inc. from fixing two mistakes in motions to amend is not enough to warrant reconsideration.

  • August 02, 2019

    EU Ready For WTO Showdown Over Turkish Drug Rules

    The European Union on Friday ramped up its World Trade Organization case against Turkish government policies that allegedly discriminate against foreign drug companies in favor of domestic ones, asking Geneva to formally hear the complaint after settlement talks fizzled.

Expert Analysis

  • Getting To Know Your Patent Examiner Through Data

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    Common questions arise during patent prosecution. Should I file a request for continued examination or a notice of appeal? Is it worth filing a pre-appeal? Using public data about a patent examiner, we can make a more informed decision when these crossroads are reached, says Kris Rhu of Harrity & Harrity.

  • 10 Ways Canada's Patent Rules May Be Changing

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    Recently proposed amendments to Canada's Patent Rules would create shortened timelines, new standards for correction of errors, and updated filing requirements — in some instances causing greater convergence between Canadian and U.S. patent practice, say attorneys at Torys.

  • The End Of AIA Patent Challenges By Gov't

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    This week, the U.S. Supreme Court held in Return Mail v. U.S. Postal Service that the federal government is not capable of petitioning for post-issuance review of a patent under the America Invents Act, but the practical reach of the ruling may be limited, say Scott Felder and Alexander Owczarczak of Wiley Rein.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • IP's Developing Role In Cannabis Business Strategy

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    Several recent cannabis-related legal developments suggest that properly secured, federally protected intellectual property is both available and enforceable for the industry, say attorneys at Sterne Kessler.

  • Takeaways From Fed. Circ. Chip Patent Ruling

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    The Federal Circuit recently revived a pair of patent infringement cases initiated by licensing entity Lone Star Silicon Innovations against chipmakers Nanya and United Microelectronics, providing important guidance on the “all substantial rights” doctrine, standing to sue for infringement, and required joinder under Rule 19, say John Nilsson and Michael Gershoni of Arnold & Porter.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Opinion

    Delrahim’s Antitrust Approach To FRAND Still Problematic

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    While a recent speech thankfully walks back some of Assistant Attorney General Makan Delrahim’s more extreme statements about the role of antitrust in policing commitments to license patents on fair, reasonable and nondiscriminatory terms, it still fails to appreciate the positive role that competition law can play in ensuring compliance, says Thomas Cotter of the University of Minnesota Law School.

  • Issues To Watch In Fed. Circ. Hep C Drug Patent Case

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    In Idenix Pharmaceuticals v. Gilead, the Federal Circuit will address the enablement of patent claims directed to a chemical genus defined by chemical structure — and may significantly alter patent practice in the chemical arts, say Robert Scheffel and Matthew Dowd of Dowd Scheffel.

  • Combating False Celebrity Endorsements Online

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    While it is challenging to stop those responsible for the recent proliferation of fake celebrity ads on social media platforms, there are various strategies that can be employed to unmask these bad actors and hold them accountable for their infringing conduct, say attorneys at Davis & Gilbert.

  • 3 Years Of The Defend Trade Secrets Act: The Open Questions

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    When the Defend Trade Secrets Act was enacted in May 2016, many commentators believed that it would result in a unified body of federal trade secrets law to replace the patchwork of disparate state laws that federal courts had been applying. But since then — spoiler alert — not much has changed, say Debbie Berman and Aaron Hersh of Jenner & Block.

  • China's Amended Investment Law Leaves Some Details Vague

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    China's recently amended Foreign Investment Law promises outside investors a more stable, transparent and predictable investment environment in China. But concerns remain that the law was rushed through to ease trade tensions, and that some of its provisions are not clearly defined, says Yuanyou Yang of Duane Morris.

  • 10 Labor And Employment Considerations In Esports

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    As new companies enter the esports space — which could reach revenues of $1.1 billion in 2019 — the importance of proactively addressing potential labor and employment issues is highlighted by the industry’s unique characteristics, say Jonathan Stoler and Daniel Masakayan at Sheppard Mullin.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

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