Intellectual Property

  • July 29, 2020

    Fed. Circ. Revives IP Fight Over Baby Shampoo Rinser

    The Federal Circuit on Wednesday vacated a Louisiana judge's decision that baby products maker Luv N' Care did not infringe an inventor's patent on a flexible shampoo rinsing container, saying the court misconstrued key claim terms.

  • July 29, 2020

    Dell To Pay $4.15M To Settle Network-1 Unpaid Royalty Claim

    Dell Inc. agreed to pay $4.15 million to end a Texas state court suit alleging it wrongly stopped paying royalties to Network-1 under an earlier $6 million agreement that resolved claims Dell infringed an Ethernet patent, Network-1 announced Wednesday.

  • July 29, 2020

    Quibi, Eko Patent Row To Go Forward After Judge Trims Case

    A patent battle between short-form streaming startup Quibi and an Israeli technology company called Eko will go ahead after a California federal judge consolidated the dueling lawsuits for pretrial purposes and nixed some of Eko's claims.

  • July 29, 2020

    5G Auto Patent Pool 'Unlikely To Harm Competition,' DOJ Says

    The U.S. Department of Justice announced it would not challenge Avanci LLC's new platform to license 5G telecommunications technology to the automotive industry, stating it was unlikely that the company's licensing platform would harm competition.

  • July 29, 2020

    Full Fed. Circ. Won't Rehear Actelion Spinoff's Patent Term Bid

    The full Federal Circuit has refused to revisit its decision that a company spun off from Actelion Pharmaceuticals Ltd. when it was purchased by Johnson & Johnson can't get 99 days added to the term of a patent to make up for delays at the U.S. Patent and Trademark Office.

  • July 29, 2020

    Tunisian Tool Co. Tells Texas Court To Reject Arbitration Bid

    A Tunisian oilfield tool company that is fighting a former partner's claim that it breached an agreement by keeping proprietary tools has told a Texas federal judge the ex-partner waived its right to move the dispute to arbitration.

  • July 29, 2020

    Feds Want Ex-Uber Exec To Get Over 2 Years For IP Theft

    Federal prosecutors asked U.S. District Judge William Alsup on Tuesday to sentence bankrupt former Uber Technologies Inc. executive Anthony Levandowski to 27 months in prison for one count of stealing Google's trade secrets, while Levandowski argued he deserves at most a year of home confinement.

  • July 29, 2020

    Davis Polk And Latham Lead $6.8B Clarivate, CPA Tie-Up

    U.K.-based analytics company Clarivate said Wednesday it will merge with private equity-backed intellectual property manager CPA Global in a roughly $6.8 billion deal guided by Davis Polk and Latham & Watkins.

  • July 29, 2020

    Dick's Hit With TM Suit Over New 'Overtime' Discount Chain

    A sports media startup called Overtime Sports is suing Dick's Sporting Goods for trademark infringement over its recent launch of a discount retail chain called Overtime.

  • July 29, 2020

    9th Circ. Making It Harder For Studios To Beat Copyright Suits

    The Ninth Circuit — a court once labeled the "Court of Appeals for the Hollywood Circuit" — has issued a string of copyright rulings that will make it harder for big entertainment companies to fend off lawsuits from aggrieved creators.

  • July 29, 2020

    Athlete Wins Fight Over 'Fit Kitchen' TM As Store Suits Loom

    A British company that sold ready-made meals in major supermarkets infringed the "Fit Kitchen" trademark of a small health-meal delivery business established by a London bodybuilder, a judge held Wednesday.

  • July 28, 2020

    Feds Urge Justices To Eye Dozens Of Post-Arthrex Cases

    The federal government is asking the U.S. Supreme Court to potentially look into about 80 cases invoking the Federal Circuit's Arthrex ruling that Patent Trial and Appeal Board judges are unconstitutionally appointed, saying that if the Arthrex ruling is found to be wrongly decided, then that will undermine subsequent rulings. 

  • July 28, 2020

    DOJ Antitrust Chief Tackles Music Licensing Deals

    As the U.S. Department of Justice conducts its second review in four years of the decades-old deals governing the country's two main music licensing groups, the agency's top antitrust official focused Tuesday on how much the industry has changed even as he avoided predicting the consent decrees' ultimate fate.

  • July 28, 2020

    Van Camp's Tuna Accuses NJ Cos. Of Trademark Infringement

    A California manufacturer of Van Camp's canned tuna accused three New Jersey companies on Tuesday of trademark infringement and false advertising, alleging that they are importing and selling infringing tuna products from Ecuador.

  • July 28, 2020

    8th Circ. Won't Rethink Food Packaging Co.'s Antitrust Suit

    The Eighth Circuit isn't interested in revisiting its choice not to revive a suit accusing a microwavable food packaging company of using sham patent litigation and shady business tactics to build and solidify a monopoly in the industry.

  • July 28, 2020

    Arthrex Sends Axed Mystery Shopper Patent Back To PTAB

    The Federal Circuit on Tuesday gave Fall Line Patents a second chance to prove that its mystery shopper tracking patent isn't invalid based on the court's Arthrex decision, while also refusing to take up who counts as an interested party.

  • July 28, 2020

    Fed. Circ. Denies Inventor Claims In Voicemail-To-Email Patent

    The Federal Circuit on Tuesday shut down a man's patent infringement lawsuit that claimed he had invented a method for turning faxes and voicemails into digital readouts, ruling he had not adequately supported his claim that he was the sole inventor of the technology in j2 Cloud Services LLC and Advanced Messaging Technologies Inc.'s 2001 patent.

  • July 28, 2020

    Fed. Circ. Overrides WDTX Transfer Loss For Adobe, Dropbox

    U.S. District Judge Alan D. Albright abused his discretion when he refused to transfer patent infringement litigation against Adobe to California, the Federal Circuit said Monday, before also granting Dropbox another chance to prove that litigation it's facing should likewise be transferred out of Texas.

  • July 28, 2020

    Omnia Nightclub Operator Says Pot Store Ripping Off Name

    The owner of the Omnia nightclub chain has accused a Los Angeles cannabis dispensary of bogarting its name and logo in a trademark infringement suit in Nevada federal court.

  • July 28, 2020

    Sen. Graham Pushes Tax Break Bill For PPE Repatriation

    Sen. Lindsey Graham, R-S.C., has introduced legislation that would let companies repatriate intellectual property related to personal protection equipment without tax consequences.

  • July 28, 2020

    Fed. Circ. Urged To Undo Tech Titans' PTAB Software Wins

    The Federal Circuit has been asked to undo the Patent Trial and Appeal Board's rulings that Microsoft, Google and Samsung successfully showed that parts of an Iron Oak Technologies LLC patent for updating computer software remotely were invalid.

  • July 28, 2020

    'Pharma Bro' Blasts FTC Monopoly Suit As Overreach

    Convicted drug industry executive Martin Shkreli has told a New York federal judge that the Federal Trade Commission went too far with an "unprecedented" suit claiming he monopolized a lifesaving drug by blocking generic rivals.

  • July 28, 2020

    TCL Seeks To Stay UK Suit In Philips Phone Patent Battle

    TCL Corp. urged a London judge Tuesday to vacate an upcoming trial on claims it infringed Philips' European mobile phone patents and allow a French court to decide whether the Dutch company offered the Chinese rival a license on fair terms.

  • July 28, 2020

    Justices Urged To Reject Web Filter 'Doomsday Scenarios'

    Enigma Software Group USA LLC has urged the U.S. Supreme Court to preserve its unfair competition claims against security software company Malwarebytes and told the justices Malwarebytes was spinning "fictional doomsday scenarios" in an attempt to win the high court's favor.

  • July 27, 2020

    Gilead Slams HHS' 'Perverse' Requests In HIV Drug IP Battle

    Gilead has fired back at the U.S. Department of Health and Human Services' requests to wipe out counterclaims against the agency in a patent dispute over an HIV treatment, calling the federal government's claims that it's immune from inequitable conduct defenses "perverse."

Expert Analysis

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • IP Risks To Consider When Joining 'Open COVID Pledge'

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    While the sharing of intellectual property through initiatives like the Open COVID Pledge is essential for the rapid development of a cure for COVID-19, there are certain precautionary measures that IP owners and potential licensees should undertake in order to avoid future controversies and legal battles, say Gunjan Agarwal and Chipo Jolibois at Fox Rothschild.

  • Contract, IP And Employment Claims Increase In A Downturn

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    As a result of current market trends, companies should be prepared for more commercial, intellectual property and employment claims, which can make a downturn even more challenging, says Charlene Morrow at Fenwick.

  • Strategic Considerations For The Escalating SEP Battles

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    Recent developments in the standard-essential patent landscape affect licensing negotiations and litigation involving communications and networking technologies, and will lead to increased attention from regulators and potential inconsistencies among different agencies and forums, say Erik Puknys and Michelle Rice at Finnegan.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • A New Antitrust Approach After Humira 'Patent Thicket' Ruling

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    In light of an Illinois federal court's recent holding that AbbVie's Humira "patent thicket" did not violate antitrust laws, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should focus on conduct and look beyond patent obtainment, says Kevin Nelson at Schiff Hardin.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Vexing PTAB Apple Decision May Overtax West Texas Court

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    The Patent Trial and Appeal Board's recent precedential Apple v. Fintiv decision, denying inter partes review based on parallel district court proceedings, is contrary to congressional intent and could burden burden federal courts that promise a faster time to trial like the Western District of Texas, say Harper Batts and Chris Ponder at Sheppard Mullin.

  • The Research Compliance Landscape Is Evolving Quickly

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    Government actions against researchers with undisclosed connections to China, as well as legislation designed to safeguard U.S. research, reinforce the probability that new rules for global collaboration and foreign engagement are on the horizon, say attorneys at Ropes & Gray.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Strategies For Purchasing IP Assets From Distressed Owners

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    In the current economy, third parties have an opportunity to strategically acquire intellectual property assets from distressed companies in or preparing for bankruptcy, and coordinating with an involved investment banker or owner prebankruptcy may afford tactical advantages, say attorneys at Faegre Drinker.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

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