Intellectual Property

  • September 09, 2020

    Fox Rothschild Nabs Entertainment Attys From Lewis Brisbois

    Fox Rothschild LLP has added two leading entertainment lawyers in Atlanta from Lewis Brisbois Bisgaard & Smith LLP, bringing more high-profile and celebrity clients into its entertainment and sports law department.

  • September 09, 2020

    Vampire Wine Curses Rival For 'Bloody' TM Infringement

    Selling "Vampire" wine in a coffin and imploring bloodthirsty fans, including early customer Alice Cooper, to "sip the blood of the vine" is the pure domain of Vampire Family Brands, according to a trademark infringement suit lodged Tuesday in California federal court.

  • September 09, 2020

    Inventor Can't Use Iancu's St. Jude Conflict To Ditch IPR

    The Federal Circuit on Wednesday granted the owner of an artificial heart valve patent challenged by St. Jude Medical LLC a remand under Arthrex, but shot down his arguments that the entire U.S. Patent and Trademark Office is biased against him because the agency's director used to represent the medical center.

  • September 09, 2020

    Patent Owner Ends Suit Over VR Tech In $883M Army Contract

    A virtual reality patent holder has dropped an infringement suit that alleged aerospace and defense company General Dynamics Corp. planned to use stolen technology in an $883 million contract with the U.S. Army to develop new training methods for soldiers.

  • September 09, 2020

    Blockchain Co. Fights YouTube Move To Dismiss Scam Suit

    Blockchain startup Ripple Labs Inc. has urged a California federal judge not to dismiss its lawsuit alleging YouTube was "willfully blind" in allowing hackers to impersonate the fintech company and scam viewers out of digital currency.

  • September 09, 2020

    Apple Loses Bid For ECJ Guidance Over 4G LTE Patents

    A London judge on Wednesday rejected Apple's request for the European Union's highest court to weigh in on a patent infringement dispute over 4G technology brought by three PanOptis subsidiaries, saying a national court could handle the competition issues in the case.

  • September 09, 2020

    Venture Fund Sues Ex-Presenters Over Rugby Podcasts

    A venture capital fund that owns a popular British rugby podcast has sued its three former presenters for carrying on the show after the company fell into administration and was sold, claiming the men did not have permission to use its branding or solicit sponsors.

  • September 09, 2020

    Glaxo Loses Appeal For Asthma Inhaler Color Trademark In EU

    A European court rejected an attempt by a subsidiary of GlaxoSmithKline PLC on Wednesday to register a trademark for a shade of the color purple — the hue of the pharmaceutical giant's asthma inhalers — saying it lacked "inherent distinctive character."

  • September 08, 2020

    Apple Settles NM Patent Suit After Fed. Circ. Declines Move

    Apple and the University of New Mexico jointly moved Tuesday to dismiss a Federal Circuit appeal over whether Apple was properly sued in the Western District of Texas and told the district court that they have resolved the patent infringement dispute.

  • September 08, 2020

    NYC Real Estate Firm Can't Register 'Next Move' Trademark

    The Trademark Trial and Appeal Board is refusing to allow New York City real estate firm Douglas Elliman to register the slogan "The Next Move Is Yours" as a trademark, saying consumers won't associate it with any single company.

  • September 08, 2020

    Fed. Circ. OKs Cattle Breeding Patent, Kolcraft's $4.4M Win

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision that a cattle breeding patent challenged by Trans Ova Genetics was valid and also affirmed Kolcraft's more than $4.4 million patent victory against Chicco over playpens.

  • September 08, 2020

    Indivior Wants Class Rep DQ'd In Suboxone Product-Hop Suit

    Indivior Inc. has asked a Pennsylvania federal court to disqualify bankrupt drug wholesaler Rochester Drug Co-Operative from representing a class suing over a product hop scheme that allegedly inflated the price of the opioid addiction treatment Suboxone.

  • September 08, 2020

    ITC May Be Willing To Wait On PTAB, If The Timing Is Right

    The U.S. International Trade Commission in August signaled that it's willing to suspend remedial orders in infringement cases where the Patent Trademark and Appeal Board has invalidated the patents at issue, but defendants will have to hustle if they want to succeed with this litigation strategy.

  • September 08, 2020

    Taiwanese Magnate Wants 5th Circ. To Toss $79M Judgment

    A Taiwanese shipping magnate told the Fifth Circuit he shouldn't have to pay a $79 million judgment to Wilmington Trust NA because a Texas judge wrongly reopened the case and held a hearing while the magnate was in a London prison.

  • September 08, 2020

    Baker Botts Hires Sidley Austin Silicon Valley IP Litigator

    Baker Botts LLP announced Tuesday it has nabbed an experienced intellectual property attorney in Silicon Valley from Sidley Austin to be a partner in its intellectual property department and co-chair its Korea-based IP practice.

  • September 08, 2020

    Calif. Judge Sends Radio Station Owner To Jail For Contempt

    A radio station owner who owes $1.2 million for airing songs on his airwaves without permission will be going to jail until he ponies up the documents that the court receiver has been waiting on, a California federal court has declared.

  • September 08, 2020

    PTAB Nixes 2 Petitions, Citing 'Clash Of Clans' IP Trial In Dec.

    Japanese game maker Gree Inc. has scored a pair of victories in its ongoing battle with the maker of popular mobile game Clash of Clans, with the Patent Trial and Appeal Board saying it won't institute post-grant reviews of two Gree gaming patents because of a looming December trial.  

  • September 08, 2020

    AIA Thwarts Cisco Challenge To PTAB Denials, Fed. Circ. Told

    An Israeli university urged the Federal Circuit on Monday to reject a mandamus petition by Cisco challenging the Patent Trial and Appeal Board's practice of denying patent reviews when trials are looming, saying Cisco is simply attempting to appeal an unappealable board decision.

  • September 08, 2020

    Fresenius Accuses Rival Of Infringing Naropin Patent

    Fresenius Kabi has accused Gland Pharma Ltd. of infringing a patent covering the pain management drug Naropin by trying to get U.S. Food and Drug Administration approval to sell a generic version of the medication.

  • September 08, 2020

    FTC Says 3rd Circ. Ruling Can't Help AbbVie In AndroGel Case

    The Federal Trade Commission has urged the Third Circuit to ignore AbbVie Inc.'s assertion that a recent ruling involving alleged abuse of the litigation process supports the company's bid to evade claims that it used sham lawsuits to delay generic competition for its AndroGel testosterone treatment.

  • September 08, 2020

    Fed. Circ. Won't Revisit Ford's Design Patent Win

    The Federal Circuit has declined to examine a recent order finding that marketers and distributors of aftermarket automotive parts and accessories have intentionally infringed 13 design patents owned by a Ford unit.

  • September 08, 2020

    Atty Says Ellen Barkin's Tweet Of Bird-Flip Photo Was Fair Use

    Ellen Barkin's lawyer told a Manhattan federal judge Tuesday the actress has a fair-use defense to copyright claims brought by a photographer who snapped her flipping the bird during convicted rapist Harvey Weinstein's criminal trial and sued after she tweeted the photo.

  • September 08, 2020

    Legal Advertiser Can't Escape Firm's 'Heavy Hitter' TM Suit

    A Maryland federal judge has refused to trim parts of a personal injury firm's trademark lawsuit against a former legal advertiser, finding the firm's allegations that the advertiser misused funds for his own personal tax bill might give "necessary context" into the parties' relationship.

  • September 08, 2020

    Sony Music Settles Artists' Foreign Royalties Suit For $12.7M

    The estate of 1950s pop star Ricky Nelson has reached a $12.7 million deal with Sony Music Entertainment to settle its classwide claims over the label's hefty "intercompany charge" on international streaming revenue before it calculates an artist's royalty rate.

  • September 08, 2020

    9th Circ. Says 'Jersey Boys' Musical Didn't Infringe Book

    The Ninth Circuit ruled Tuesday that the Broadway hit "Jersey Boys" didn't infringe an autobiography of one of the real-life singers featured in the musical, saying the play mostly just borrowed historical facts that can't be locked up by copyrights.

Expert Analysis

  • How Federal Patent Tutorial Video Influences Jurors

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    The Federal Judicial Center's patent tutorial video is intended to provide unbiased explanation to jurors, but the recent research of Alexis Knutson and ​Jeffrey Jarman at Tsongas Litigation Consulting reveals that the video influences the perception of the patent process in subtle but meaningful ways.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Mitigating Joint Infringement Liability After Del. Patent Ruling

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    The recent Delaware federal court ruling in Midwest Energy Emissions v. Vistra Energy demonstrates that carefully structuring enterprise agreements to avoid satisfying the joint-enterprise patent infringement theory's equal-right requirement can help potential infringers avoid liability, says Alex Englehart at Oblon McClelland.

  • Armed Vehicle Ruling Offers IP Lessons For Gov't Contractors

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    The recent Court of Federal Claims decision in Ideal Innovations v. U.S., a long-running infringement case over armored vehicle technology, has lessons for nontraditional government contractors on the intellectual property risks of contracting with the U.S. government, say Nathaniel Castellano and Kristen Riemenschneider at Arnold & Porter.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • Hemp Cos. Should Narrow Filings After TTAB's Stanley Ruling

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    Following the Trademark Trial and Appeal Board's recent rejection of Stanley Brothers' application for hemp oil drops sold as food supplements, companies should keep their CBD product trademark applications strategically specific, say Adam Fox and Joseph Grasser at Squire Patton.

  • How High Court IPR Time-Bar Ruling Affects PTAB Practice

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    Given the uncertainty surrounding the scope of the U.S. Supreme Court's holding in Thryv v. Click-to-Call, that Patent Trial and Appeal Board rulings on inter partes review timeliness cannot be appealed, parties should effectively argue procedural bars — or risk losing IPRs, say attorneys at Finnegan.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • Trade Secret Litigation Is Poised To Take Off Amid Downturn

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    Companies can expect an explosion in trade secret claims amid the current economic downturn due to robust trade secret laws that favor plaintiffs, pandemic-related workplace changes and the need to address lawsuits urgently, says Patrick Dempsey at Therium.

  • Chinese Patent Ruling Is Good News For Manufacturers

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    The recent precedential Chinese Supreme Court decision in VMI v. Safe-Run allowed a manufacturer to seek a declaratory judgment even though the patent infringement case was lodged against only its customer, which is a big step forward for deterring harassment against customers, say Albert Wang at Jones Day and Yunchuan Zhou at Saelink Law.

  • Inside The PTAB's New Oral Argument Training Program

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    Attorneys at Sterne Kessler share takeaways from their participation in the U.S. Patent and Trademark Office's new Legal Experience and Advancement Program, which provides junior attorneys and patent agents with extra argument time and supervisor safeguards at the Patent Trial and Appeal Board.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • Numerosity Analysis Fix Can Improve Class Cert. Decisions

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    Courts can remedy the recent trend of disregarding joinder in numerosity inquiries by addressing four key errors and retethering their analysis to the text of federal requirements for class certification, says Bennett Rawicki at Gibson Dunn.

  • Drafting Assignments After Fed. Circ. Printing Patent Ruling

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    The recent Federal Circuit decision in the printing patent matter Schwendimann v. Arkwright Advanced Coating, holding that a patent assignment must be documented in writing but that there are no specific documentation requirements, offers several important lessons on drafting assignments, says Irah Donner at Manatt.

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