Intellectual Property

  • September 22, 2022

    Fla. Repair Co. Can't Sink NJ Pool Supplier's Trademark Suit

    A swimming pool repair company can't escape a lawsuit alleging it passed off components belonging to a New Jersey pool supplier as its own after a federal judge said Thursday that its sales in the Garden State were sufficient to establish jurisdiction.

  • September 22, 2022

    SG Tells Justices To Reject Amgen Patent Enablement Case

    The U.S. solicitor general says that the U.S. Supreme Court should not consider Amgen's appeal of a Federal Circuit decision tossing its jury win against Sanofi and Regeneron Pharmaceuticals Inc. over two antibody patents on its cholesterol medication Repatha.

  • September 22, 2022

    'I Hunt Killers' Writer Targets WB, Fox In 'Prodigal Son' IP Suit

    A bestselling novelist behind the "I Hunt Killers" series sued Warner Bros. Television and Fox Broadcasting in California federal court Wednesday, alleging Warner Bros. optioned his novel but let its rights lapse, then ripped off elements of its father-son murder mystery premise to produce the now-canceled Fox show "Prodigal Son."

  • September 22, 2022

    Merck Gets Win In Patent Suit Over Diabetes Drugs

    A West Virginia federal judge has found that Mylan Pharmaceuticals Inc.'s planned generics of a pair of multibillion-dollar-selling diabetes drugs sold by Merck & Co. Inc. would infringe Merck's patents on the products.

  • September 22, 2022

    Marriott Robocall Claims Against Timeshare Co. Largely Axed

    A Virginia federal judge tossed several of Marriott International Inc.'s claims against timeshare company ResortCom, which was accused of being part of a robocall scheme, ruling that the hotel giant had failed to plausibly allege that ResortCom knew that the companies it worked with were infringing on Marriott's trademark.

  • September 22, 2022

    TTAB Tosses Pepsi's TM Challenge Over Same-Name Snacks

    PepsiCo can't challenge Arriera Foods LLC's "Tortrix" trademark for corn-based snacks even though the snack giant sells a product with the same name in Central and South America, the Trademark Trial and Appeal Board has ruled in a precedential opinion.

  • September 22, 2022

    Former California Superior Court Judge Joins JAMS

    Retired California Superior Court Judge Barry Baskin has joined JAMS, the alternative dispute resolution services organization.

  • September 21, 2022

    IP Luminaries Launch Group To Promote, Defend Innovation

    Two former directors of the U.S. Patent and Trademark Office and two former Federal Circuit judges are leading a new group launched Thursday that aims to "change the narrative" around intellectual property, by informing policymakers and the public about how it drives innovation.

  • September 21, 2022

    Iancu Calls For Simpler Patent System To Boost Innovation

    Former U.S. Patent and Trademark Office Director Andrei Iancu said Wednesday that the complexity of the patent system is hindering innovation by creating hoops that inventors must jump through to obtain and enforce patents, and called on policymakers to make it simpler.

  • September 21, 2022

    Alsup Rips Meta, Software Co. For 11th-Hour Discovery Fight

    U.S. District Judge William Alsup ordered Meta Platforms and software patent licensing company MasterObjects on Wednesday to produce depositions and interrogatories so he can decide their pretrial fight over expert reports and a sanctions bid, asking "Why are you putting me in this ridiculous position on the eve of trial?"

  • September 21, 2022

    Japanese Auto Cos. Latest To Join Avanci Wireless IP Pool

    More than 80 auto brands have now joined Avanci's platform to license patents essential for 2G, 3G and 4G technology in wireless connected vehicles, including, most recently, Japanese auto giants Honda, Toyota and Nissan, the Dallas patent licensing business said Wednesday. 

  • September 21, 2022

    Atty Gets Sanctions Tossed In Ill. Trade Secret Dispute

    An Illinois federal judge has tossed sanctions against a Chicago lawyer representing former Segerdahl Corp. employees accused of misappropriating trade secrets, but also imposed sanctions against one of the attorney's clients for deleting text messages.

  • September 21, 2022

    TTAB Won't Register 'US Space Force' TM, Citing Netflix Show

    An intellectual property attorney can't get a trademark registration on the term "US Space Force," the Trademark Trial and Appeal Board has ruled, unpersuaded by arguments that a Netflix television series is evidence that the name doesn't always point to the real-life U.S. Space Force.

  • September 21, 2022

    Viatris Suppliers Want Out Of J&J Unit's MS Drug IP Suit

    Three drug manufacturers for Viatris have urged a Pennsylvania federal judge to cut them loose from a patent suit lodged by a Johnson & Johnson branch over a generic multiple sclerosis treatment, arguing that the court lacks jurisdiction and the overseas suppliers can't be held liable for the allegedly infringing products.

  • September 21, 2022

    Pop Quiz: How Realistic Is The TM Showdown In 'She-Hulk'?

    The latest episodes of the new Disney+ television series "She-Hulk: Attorney at Law" shine a rare spotlight on trademark infringement, as a superpowered influencer takes the titular Marvel Comics hero to court for using the same name as a "She-Hulk" brand that she claims to own. We asked real-life lawyers to help Law360 analyze how accurately the show portrays trademark law. Warning: Spoilers ahead.

  • September 21, 2022

    How Telecom Co. KPN Won A $32M Verdict Against Ericsson

    In a Texas courtroom in August, lawyers for a relatively small Dutch telecom company looked to convince eight jurors that Ericsson, an industry behemoth, deliberately infringed patents for improving how wireless networks transmit signals while fighting Ericsson's argument that the company's patents raised privacy concerns.

  • September 21, 2022

    Take-Two Must Face Tattoo Artist's Video Game IP Row

    An Ohio federal judge has refused to let the maker of the popular NBA 2K video game series dodge a lawsuit claiming it infringed copyrights a tattoo artist has on tattoos he did on basketball players including LeBron James, finding many issues in the case are up to a jury to decide.

  • September 21, 2022

    Meta Hit With $175M Patent Verdict In Austin

    A federal jury in Austin on Wednesday said Meta Platforms owed almost $175 million to developers of a "walkie-talkie" smartphone app, finding that both Instagram Live and Facebook Live infringed one or more claims in patents issued to the company's founder, a former U.S. Army communications sergeant.

  • September 21, 2022

    Hemp Biz Infringed Herbal Co.'s 'GAIA' Marks, Suit Says

    A North Carolina herbal products company is bringing suit against a hemp business that it says is infringing on its branding for tinctures and salves.

  • September 21, 2022

    9th Circ. Rejects MGM Redo In Starz Licensing Fight

    The Ninth Circuit has shut down an MGM unit's request to review a panel's finding that Starz Entertainment wasn't too late in bringing claims that the film and TV show distributor breached agreements by licensing movies that were supposed to be exclusive to the network to Starz's competitors.

  • September 21, 2022

    Blank Rome Boosts IP Team With Philly, Texas Patent Agents

    Blank Rome LLP has expanded the resources of its intellectual property department with the addition this week of two patent agents in its Philadelphia and Houston offices.

  • September 21, 2022

    USPTO Permanently Switching To Patent Public Search Tool

    The U.S. Patent and Trademark Office will be officially retiring four legacy search tools at the end of the month, replacing them with the new patent public search tool, the agency has announced.

  • September 21, 2022

    CBD Tea Co. Ditches Trademark Appeal In Fed. Circ.

    A CBD beverage manufacturer that wanted to register a trademark for its product has told the Federal Circuit that it has dropped its appeal against the U.S. Patent and Trademark Office.

  • September 20, 2022

    $2B Appian Trade Secrets Verdict OK'd With $23M Fees Added

    A Virginia judge entered final judgment of a jury's verdict that awarded tech company Appian Corp. more than $2 billion in damages upon finding that Cambridge, Massachusetts-based software company Pegasystems willfully misappropriated Appian's trade secrets.

  • September 20, 2022

    Ex-Broadcom Engineer Gets 8 Months In Prison For IP Theft

    A former Broadcom engineer who pled guilty to copying and bringing trade secrets to a Chinese competitor was sentenced to eight months in prison in California federal court on Tuesday, according to the U.S. Department of Justice.

Expert Analysis

  • Post-Arctic Cat Lawsuits Reveal Patent Marking Pitfalls

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    The Federal Circuit's 2017 Arctic Cat v. Bombardier Recreational Products decision set a low bar for infringers in patent marking cases, but recent federal court decisions offer a cautionary tale for defendants hoping to cut off or limit pre-suit damages through a challenge based on marking requirements, says Mark Liang at O'Melveny.

  • Key Takeaways From China's Amended Anti-Monopoly Law

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    K&L Gates attorneys discuss China's changes to merger control and vertical restraints in its amended Anti-Monopoly Law through the lens of U.S. and European Union competition laws.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Opinion

    DOCX Plan Risks Patent Quality And USPTO Should Reverse It

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    The U.S. Patent and Trademark Office should reverse its decision to require patent applications in the DOCX format, because such e-filings will introduce technical errors and lead to uncertainty and inconsistency throughout the patent system, counter to the U.S. Senate's mandate for patent quality improvements, says Julie Burke at IP Quality Pro.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • The Role Of Morality In IP Suits Over COVID-19 Vaccines

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    Recent patent infringement suits involving the COVID-19 vaccines developed by Pfizer and Moderna raise interesting legal and moral issues — like whether infringement should be alleged if it was done during the course of accomplishing a greater good, say Lynn Lehnert and Sara Pilson at Goldberg Segalla.

  • Agriculture Patent Reform Can Look To Pharma Approaches

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    As the U.S. Department of Agriculture calls for promotion of innovation and competition to combat inflating prices in the fertilizer and seed industries, lessons from pharmaceutical patent reform experiences can serve as guidance, say Erik Maurer and Alex Bruening at Banner Witcoff.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Sports Marketing Trade Secret Lessons From NBA Case

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    NBA star Zion Williamson's recent summary judgment win against his former marketing agency presents a cautionary tale for companies — general concepts publicly discussed or commonly used by other athletes are unlikely to be considered trade secrets as a matter of law, say attorneys at McGuireWoods.

  • Texas Order Could Increase Patent Litigation In Calif. District

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    Following a recent order that stops patent litigation in the Western District of Texas from automatic assignment to U.S. District Judge Alan Albright, the U.S. District Court for the Northern District of California is the venue most likely to see an increase in patent cases, say Jeremy Elman and Chitrajit Chandrashekar at Allen & Overy.

  • 4 Witness Presentation Lessons From The Depp-Heard Trial

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    Attorneys in the Johnny Depp-Amber Heard defamation trial used traditional tactics when presenting their star witnesses, but the outcome in this case shows how such strategies can sometimes make testimony appear disingenuous and lead to negative results, say attorneys at Winston & Strawn.

  • What Cannabis Cos. Can Expect If Broadcast Ad Bill Passes

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    If it becomes law, a portion of the federal funding bill package that recently passed the House would allow for cannabis ads to be broadcast on local television and radio, creating an entirely new avenue for cannabis advertising that would require businesses to consider states' cannabis-specific statutory prohibitions, consumer protection laws and more, say John Heinbockel and Kenneth Wilton at Seyfarth.

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • Roundup

    In-House At A Cannabis Company

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    In this ongoing Expert Analysis series, in-house counsel at cannabis companies discuss the unique compliance issues they’re navigating as the industry burgeons into a multibillion-dollar ballgame.

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