Intellectual Property

  • July 19, 2021

    US, Allies Say China Behind Massive Microsoft Server Attack

    The U.S. government and other countries on Monday accused the Chinese military of orchestrating a January cyberattack on Microsoft email systems used by tens of thousands of organizations worldwide and of partnering with criminal hackers who have demanded millions of dollars in ransomware attacks.

  • July 19, 2021

    Jury Hands Tech Co. $3M, But Rejects Infringement Claims

    A federal jury in Delaware has turned down patent infringement claims leveled by a Neustar Inc. unit, but ordered venture capital-backed Next Caller to pay nearly $3 million for falsely advertising caller-authentication security capabilities.

  • July 19, 2021

    Instagram Wants Out Of Copyright Suit Over Embedding

    Instagram says it shouldn't have to face a copyright lawsuit from a pair of photojournalists claiming the social media giant wrongly allows news sites and others to easily "embed" posted images, arguing their legal theory is fatally flawed.

  • July 19, 2021

    Ericsson, TCL Settle Wireless Tech Patent Licensing Battle

    Chinese smartphone maker TCL on Friday reached a confidential settlement with Swedish telecommunications giant Ericsson after more than seven years of litigation in California federal court over licensing rates for standard-essential patents on wireless technology.

  • July 19, 2021

    'Billions' Didn't Trade On Wall St. Book, 2nd Circ. Agrees

    Showtime's series "Billions" did not rip off a book about the psychology of risk in financial markets, the Second Circuit said Monday, backing a New York court's finding that similarities between the fictional show and a nonfiction book were too superficial for an author's copyright claims to survive.

  • July 16, 2021

    Who Is Mathew Rosengart? Get To Know Britney's New Atty

    For more than a decade, Britney Spears' life and finances have been controlled by a conservatorship, but now the pop icon has a new fighter in her corner — former federal prosecutor and Hollywood heavyweight attorney Mathew S. Rosengart.

  • July 16, 2021

    Brand Battles: Activision Wants To Take Down 'TactiVision' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, video game publisher Activision is seeking to block a "TactiVision" trademark application filed by a defense contractor — plus four other new cases you need to know.

  • July 16, 2021

    Novartis' Expert Denies Rival Atty's Plagiarism Claim In IP Trial

    A computational chemist hired by Novartis testified to a California federal jury Friday that a Daiichi Sankyo subsidiary's drug patents are invalid for being too broad, while defending his credibility against opposing counsel's claim that his opinions were written by attorneys and "copied wholesale" from another ​report.

  • July 16, 2021

    Patent Suit Against HP Spinoff Settles For $68M

    A U.K.-based tech company said Friday that it will pay $67.5 million in cash to end a patent case lodged against its Hewlett Packard Enterprise Co. spinoff after a Texas jury issued a contested $172.6 million verdict finding that the company willfully infringed a software business' patents on designing and testing mobile apps.

  • July 16, 2021

    Invisalign Maker, Investors Hatch $16M Deal In IP-Linked Suit

    Orthodontics company Align Technology Inc. has reached a $16 million settlement after three years of litigation with investors who alleged the maker of Invisalign teeth straighteners deceived them about new competitive pressures as patents on its core products began to expire.

  • July 16, 2021

    Composer Says P&G Ripped Off His Work With Febreze Ads

    A composer has sued Procter & Gamble in New York federal court accusing the company of copying a song he wrote in the 1980s for Febreze commercials.

  • July 16, 2021

    POP Won't Review PTAB Institution Rulings On Align Patents

    The Patent Trial and Appeal Board's precedent-setting panel refused to hear a challenge to board decisions instituting five inter partes reviews of three dental digital scanner patents that are owned by Invisalign maker Align Technology Inc.

  • July 16, 2021

    IP Hires: Venable, Greenspoon Marder, Dickinson Wright

    Venable, Greenspoon Marder, and Dickinson Wright have added several attorneys to their intellectual property teams, while Loeb & Loeb has brought on the former head of Womble Bond Dickinson's Patent Trial and Appeal Board practice. Here are the details on these and other notable hires.

  • July 16, 2021

    Perrigo's Investor Form In $1.9B Tax Row Ruled Misleading

    Drugmaker Perrigo Co. failed to disclose a €1.6 billion ($1.9 billion) Irish tax bill to investors, which amounts to a material omission under securities law and renders its financial filing misleading, a New York federal judge ruled.

  • July 16, 2021

    Visa Cuts Deal With Black Card In $600M Licensing Row

    Visa and Black Card LLC have agreed to end a 6-year-old licensing suit alleging the credit card giant owed $600 million for failing to protect trade secrets connected to their defunct joint venture Visa Black Card.

  • July 16, 2021

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

    The past week in London has seen Simmons & Simmons targeted in a commercial fraud claim, supermarket chain Morrisons file a competition claim against major automakers, and Tesco spar with rival grocer Lidl. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 15, 2021

    Novartis' Expert Accuses Rival's Atty Of Gaslighting In IP Trial

    A chemist hired by Novartis testified that a Daiichi Sankyo subsidiary's skin cancer treatment patents are invalid as either obvious or too vague, accusing opposing counsel of "gaslighting" him during a contentious examination in a California federal jury trial on Thursday.

  • July 15, 2021

    Sanctions Objections Overruled In CBD Co. Securities Suit

    A Nevada federal judge on Wednesday overruled objections filed by CBD company CV Sciences Inc. and its former executives, after a magistrate judge partially granted a sanctions motion in a class action alleging the company misled investors about a rejected patent application.

  • July 15, 2021

    Cannabis Awards Companies Duel Over Trademark

    Two companies that host awards events honoring participants in the cannabis industry are locked in a dispute over their names in Las Vegas federal court, with one company claiming the other's trademark is generic and should be canceled and the other alleging its competitor is just attempting to ride its coattails.

  • July 15, 2021

    2021 Discretionary Denials Have Passed 100, But Are Slowing

    The Patent Trial and Appeal Board turned away 104 petitions for discretionary reasons in the first half of 2021, but more than 70% of those were in the first quarter of the year, according to new Unified Patents data.

  • July 15, 2021

    IP Forecast: Alsup To Hear Finjan's Fee Fight With Juniper

    Finjan will argue next week it should not have to pay nearly $6 million in legal fees to Juniper Networks after losing a patent case that Judge William Alsup said was loaded with "patent B.S." Here's a look at where that case stands, plus the other major intellectual property matters on deck in the coming week.

  • July 15, 2021

    PTAB Will Review Alzheimer's Treatment Patent

    The Patent Trial and Appeal Board has agreed to review a Chinese company's patent involving a treatment for Alzheimer's disease challenged by biotech firm Alzheon Inc.

  • July 15, 2021

    Pfizer And EpiPen Consumers Reach $345M Deal

    Pfizer has reached a $345 million settlement with a class of consumers who allege they overpaid for EpiPens because of anti-competitive practices by pharmaceutical companies, potentially clearing the company from having to face a jury trial scheduled for early next year.

  • July 15, 2021

    Albright Signs Off On $13.2M Verdict In Payment IP Fight

    U.S. District Judge Alan D. Albright has finalized a $13.2 million jury award against cash register manufacturer NCR Corp. in a patent infringement lawsuit launched by CloudofChange LLC.

  • July 15, 2021

    How Biden's Competition Order Affects The Antitrust Agencies

    President Joe Biden put competition issues at the forefront of his administration's agenda with an executive order July 9 seeking a change in course after what he called a 40-year "failed" experiment in lax enforcement, imploring the FTC and DOJ to be more active in challenging deals and calling for use of other tools to promote competition.

Expert Analysis

  • Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

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    Case law from the decade since the Federal Circuit decided Therasense v. Becton Dickinson reveals that courts are largely offering equivalent treatment to claims alleging enforcement of fraudulently obtained patents in antitrust cases and inequitable conduct claims in infringement cases, say Anne Brody at Gibson Dunn and Elisabeth Ponce at AlphaSights.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • Early Focus On Damages Can Streamline Patent Litigation

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    A Texas federal jury’s recent $2.18 billion patent infringement verdict against Intel serves as a stark reminder that parties should promptly focus on damages to reveal a case's worth, identify early settlement opportunities, and conform litigation strategy to the law, say attorneys at Crowell & Moring.

  • Opinion

    Let's End The Offshoring Of US Patents

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    Congress should work toward removing the loophole that allows companies to avoid U.S. taxes by moving their patents offshore, and ensure profits are taxed where the sales take place, says Sen. Patrick Leahy, D-Vt.

  • Mitigating User Content Risk After EU Copyright Directive

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    As the deadline approaches for member states to implement the European Union’s new copyright directive, which will hold certain online content service providers liable for copyright infringement pertaining to user-uploaded content, companies should have risk-mitigation strategies in place, say attorneys at MoFo.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

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    Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing of a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Functionality's Role In Oracle Copyright Ruling Isn't So Novel

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    In its recent Google v. Oracle decision, the U.S. Supreme Court seemingly revived the copyright fair use factor concerning functionality, highlighting its significant role, particularly in technological contexts, but this accords with a long-standing minority view, says Andrew Michaels at the University of Houston Law Center.

  • Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

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    The Federal Circuit recently employed a flexible standard for constructing Olaplex's hair care patent claims in a case against L'Oreal, but more precise claim drafting could have avoided altogether a problem with claims for component amounts in product formulations, says Philip Hamzik at Wolf Greenfield.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

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