Intellectual Property

  • July 15, 2021

    Insurer Asks 7th Circ. To Back Win In Knockoff Trailer Dispute

    A trailer maker's insurer told the Seventh Circuit that its win in a coverage dispute over the sale of an alleged knockoff pop-up trailer should stand because allegations in the underlying suit don't involve trade dress infringement.

  • July 15, 2021

    Sens. Advance Biden Appellate Picks, Spar Over Defenders

    A Senate panel on Thursday advanced President Joe Biden's nominees to the Second and Tenth circuits and Washington state's federal bench as Republicans questioned the philosophy and experience that public defenders would bring to appellate courts.

  • July 15, 2021

    USPTO Says US Inventor's Fintiv Loss Also Hurts Tech Suit

    The U.S. Patent and Trademark Office is trying to use a new Eastern District of Texas ruling to block Apple and others from challenging the Patent Trial and Appeal Board's practice of denying patent reviews because of looming trials in parallel district court litigation.

  • July 15, 2021

    Biopharma Co. Says Unnamed Person Is Impersonating CEO

    A biopharmaceutical company has claimed in a lawsuit filed in New York federal court that someone is illegally impersonating its CEO online to try to gain a profit, and also infringing the business' copyright.

  • July 15, 2021

    Apollo, Litigation Funder Settle Case Valuation Method Suit

    Investment behemoth Apollo Global Management Inc. and a legal funder that accused Apollo of sharing a proprietary case valuation method with a competing funder have settled their case, a New York federal judge said Wednesday.

  • July 15, 2021

    Guerlain Wins Appeal For EU TM On Unique Lipstick Shape

    A European Union court ruled on Wednesday that luxury beauty house Guerlain can register a trademark for the three-dimensional shape of one of its lipstick offerings, saying it qualifies because of its "distinctive character."

  • July 14, 2021

    Fed. Circ. Calls For New Damages Trial In Pet IP Row

    The Federal Circuit has ordered a new damages trial on an inventor's claim that a pet supply company misappropriated her idea for a skin medicine applicator for dogs and cats, finding that the damages available are limited.

  • July 14, 2021

    Software Co. Seeks $500K Atty Fees After $85K Verdict

    An Atlanta-based software company asked a federal judge Wednesday to award it more than $500,000 in attorney fees and costs, having won $85,000 at trial against a subcontractor found to have breached a confidentiality agreement.

  • July 14, 2021

    Novartis Shorted Rival Up To $47M In IP Royalties, Jury Told

    An economist hired by a Daiichi Sankyo subsidiary testified during a California federal jury trial Wednesday that Novartis owes up to $47.2 million for selling a drug that infringes the subsidiary's skin cancer treatment patents, while Novartis' counsel pointed out the expert's calculations assume that the patents are valid.

  • July 14, 2021

    Facebook Seeks TM Win For 'Outrageous' Record Destruction

    Facebook and Instagram asked a California federal judge for a win in a trademark infringement and cybersquatting suit against a domain registrar, arguing that a special master's findings of the registrar's "outrageous" destruction of over 11 million records warrants a default $3.5 million judgment, plus attorney fees and other costs.

  • July 14, 2021

    Full Fed. Circ. Won't Review Alice Ax Of TV Patent

    The full Federal Circuit on Wednesday refused to revisit a decision that a Samba TV content recommendation patent was invalid under the U.S. Supreme Court's Alice ruling for covering an abstract idea, despite arguments that the ruling conflicted with its own precedent.

  • July 14, 2021

    Loeb & Loeb Swipes PTAB Pro From Womble Bond

    Loeb & Loeb LLP has hired the head of Womble Bond Dickinson's Patent Trial and Appeal Board practice, who has represented tech companies and others in more than 140 PTAB proceedings over the past decade, to steer the firm's own group before the board.

  • July 14, 2021

    Southwest Fights Site's Bid To Toss Part Of Data Scrape Suit

    Southwest Airlines Co. has hit back against online flight aggregator Kiwi.com's argument that a recent U.S. Supreme Court ruling dooms the airline's Computer Fraud and Abuse Act claim, saying the decision doesn't apply to the aggregator's alleged hacking and scraping of flight information.

  • July 14, 2021

    Insurer Says Rosati Frozen Pizza TM Row Isn't Covered

    An insurer on Wednesday asked an Illinois federal court to declare it has no duty to defend two brothers embroiled in an underlying trademark dispute over frozen Rosati's pizzas they're selling under the family brand.

  • July 14, 2021

    Fed. Circ. Won't Undo Johnson Controls Unit's IP Loss

    The Federal Circuit on Wednesday declined to revive video surveillance system patents owned by a Johnson Controls unit, affirming that the company failed to show the patents covered eligible subject matter.

  • July 14, 2021

    GOP Derides Voting Atty Up For 2nd Circ. As 'Radical Activist'

    Republican senators blasted Second Circuit nominee Myrna Pérez, a veteran voting rights litigator, as an "extreme partisan advocate" during a confirmation hearing on Wednesday that saw mixed reactions to district court selections for Connecticut, New Jersey and Washington, D.C.

  • July 14, 2021

    NPE Patent Cases Are Up 7% In First Half Of 2021

    Patent litigation by nonpracticing entities in the first half of 2021 has gone up compared with the same time frame last year, with one company in particular filing more than a quarter of those cases, according to a new report.

  • July 14, 2021

    7th Circ. Orders Judge Consider Copay Groups In Opana Cert.

    A Seventh Circuit panel on Tuesday sent a class certification decision back for partial reconsideration because an Illinois federal judge didn't analyze the potential for uninjured members winding up in the class of Opana ER end-payors accusing Endo Pharmaceuticals of cutting an anti-competitive pay-for-delay deal protecting the painkiller.

  • July 14, 2021

    Pfizer Unit Fights Loss To MSD In Pneumonia Vaccine IP Case

    A Pfizer unit urged an appellate court Wednesday to overturn a decision invalidating the patent for its blockbuster Prevnar 13 pneumonia vaccine, saying a judge "misunderstood" a 2004 paper published by its workers that he said made the patent's claimed medical invention two years later obvious.

  • July 14, 2021

    WHO Committee Wants Global Rules On Gene-Editing Patents

    A World Health Organization committee is encouraging those who hold patents for genome editing tools to make sure access to the technology is equitably spread across the globe and is recommending the creation of ethical guidelines.

  • July 14, 2021

    Damon Dash Hits Jay-Z With New Suit Over Streaming Rights

    Jay-Z is facing a new lawsuit in New York state court from his Roc-A-Fella Records co-founder Damon Dash, claiming the superstar stole the streaming rights to the album "Reasonable Doubt" from the record label.

  • July 14, 2021

    Former In-House Global IP Head Pivots To Smith Gambrell

    Smith Gambrell Russell LLP has added the former global head of an animal health biotech and pharmaceutical company, bringing to the Atlanta office a former scientist who developed a canine vaccine against Lyme disease.

  • July 14, 2021

    British American Tobacco Invalidates Philip Morris' E-Cig IP

    A judge invalidated four Philip Morris patents for e-cigarette technology, siding with British American Tobacco on Wednesday and ruling that the developments were obvious in light of earlier advances.

  • July 14, 2021

    Dickinson Wright Adds 7 Attys To IP Practice

    Dickinson Wright PLLC recently added seven attorneys and one patent agent to its intellectual property practice across four of the firm's offices.

  • July 14, 2021

    Nike Loses Challenge To EU State Aid Probe Over Tax Deal

    A European Union court rejected an appeal on Wednesday by Nike against the European Commission's 2019 decision to investigate whether the sportswear giant's tax arrangement with the Netherlands amounted to illegal state aid.

Expert Analysis

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Long Road Ahead For Biden's Individual Tax Hike Proposal

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    Dustin Stamper at Grant Thornton provides insight into President Joe Biden's recently proposed individual tax increases to pay for his American Families Plan, and explains how competing interests among congressional Democrats and Republicans may shape the final provisions and prolong their implementation.

  • Enabling Nonsecurity Fractional Ownership Of NFTs

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    Distributed ledger and smart contracts may make fractional ownership of nonfungible tokens possible without the complications of traditional securities sales, and market participants stand to benefit from the associated innovation and efficiencies, say Mack Legal principal Thomas Mack and Google product counsel Richard Widmann.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    USPTO Refusal To Register Cannabis TMs Hurts Public

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    The recent uncovering of THC-laced, knock-off candies in Florida illustrates why U.S. Patent and Trademark Office registration of cannabis trademarks would protect the public by providing companies with quality and safety incentives and empowering them to pursue counterfeiters, says Frederic Rocafort at Harris Bricken.

  • Navigating NFT Brand Management Risks And Rewards

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    When it comes to popular nonfungible tokens and blockchain technology, brand and business owners should take note of broader opportunities lending potential staying power to the NFT market, along with the corresponding risks, particularly with respect to trademark, licensing, anti-counterfeiting and advertising law, say attorneys at Crowell & Moring.

  • Hedonic Regression Shows Promise For Modeling IP Damages

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    VLSI's recent $2.18 billion patent infringement damages award against Intel in a Texas federal court relied on hedonic regression analysis for modeling patent value, which looks compelling because it allows plaintiffs' experts to value infringed patents' critical benefits, say Richard Kamprath and Abigail Clark at McKool Smith.

  • Key Takeaways From Recent Changes To TM Laws Abroad

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    Wendy Cheng and Lauren Ralls at Kilpatrick break down what international trademark developments — such as significant amendments to China's law, the impact of Brexit on U.K. filing programs, enforcement strategies and budgets, and changes in the Mexican examination practice — mean for U.S. brand owners and their counsel.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • What High Court Is Considering In Assignor Estoppel Case

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    At U.S. Supreme Court oral arguments Wednesday in Minerva Surgical v. Hologic, the justices seemed receptive to materially limiting a doctrine precluding patent assignors from attacking the validity of patent rights, and several important policy questions and business implications will need to be addressed after the decision, says Ben Clark at BCLP.

  • Economic Sanctions And Export Controls: A Q1 Update

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    Attorneys at Kirkland discuss first-quarter developments in U.S. export controls and economic sanctions and what they may indicate about the Biden administration's national security and foreign policy agenda. 

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • What FTC Victory Means For Reverse Payment Settlements

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    In upholding a Federal Trade Commission ruling that Impax Laboratories engaged in an illegal reverse payment settlement with Endo Pharmaceuticals over its patented opioid, the Fifth Circuit employed an overly deferential standard of review that will make settlements more difficult and delay generic drug entry dates, say attorneys at Baker Botts.

  • Lessons From Key Expert Testimony In Chauvin Trial

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    During the trial of former Minneapolis police officer Derek Chauvin, pulmonologist Martin Tobin gave a gripping account of the cause of George Floyd’s death, engaging jurors in creative ways and bringing five important lessons for lawyers preparing expert witnesses, say Harlan Prater and Logan Matthews at Lightfoot Franklin.

  • Copyright Concerns For NFT Buyers, Sellers In Music Industry

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    As nonfungible tokens allow recording artists more control and transparency and allow fans to invest in their favorite musicians, there are several important copyright transfer and license drafting considerations for practitioners advising buyers and sellers in this new marketplace, says Carly Kessler at Robins Kaplan.

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