Intellectual Property

  • July 23, 2020

    Apple, Bose, Others Hit With Koss Headphone Patent Suits

    Headphone maker Koss Corp. sued Apple, Bose and three other companies in the Western District of Texas on Wednesday, claiming it developed the "first-ever true wireless headphones" and holds a number of patents on the technology that the companies are infringing.

  • July 23, 2020

    Vape Co. Says Rival Juicing Feud With Phony Instagram Posts

    A feud between competing vape manufacturers Puffco and KandyPens ratcheted up a notch Wednesday after Puffco sued KandyPens in Delaware federal court, claiming the company is using Instagram to falsely claim Puffco is facing a class action over flaws in their products.

  • July 23, 2020

    Fed. Circ. Won't Reconsider Sanctions On Patent Atty

    The Federal Circuit on Thursday refused to reconsider a sanction imposed on an intellectual property attorney for making an argument not allowed under patent law, the latest in an unusual appeal that pitted the attorney against both his former client and the client's opponent.

  • July 23, 2020

    Led Zeppelin Comes To The Weeknd's Rescue In IP Fight

    A California federal judge on Wednesday tossed a lawsuit accusing Canadian R&B artist The Weeknd of ripping off a song by a trio of British songwriters to make his track "A Lonely Night," saying the songwriters didn't show enough similarity under the Ninth Circuit's recent Led Zeppelin ruling.

  • July 23, 2020

    Serenity Faces Skeptical Judge As IP Trial With Ferring Wraps

    Drugmaker Serenity appears to be facing an uphill battle in its Zoom trial with rival Ferring over patents related to a nighttime urination medication, with the presiding New York federal judge telling Serenity during Thursday's closing arguments that it had "a problem."

  • July 23, 2020

    Huawei Judge Denies Expanded Doc Share With Fugitive CFO

    The New York federal judge overseeing a case accusing Huawei of Iran sanctions violations, bank fraud and other charges on Thursday refused to expand what discovery from the case the Chinese telecommunications giant can share with its fugitive chief financial officer, who is fighting her extradition to the U.S. from Canada.

  • July 23, 2020

    DC NFL Team Buys Time With Temporary Name Change

    The Washington, D.C., NFL team said Thursday it will immediately drop its Native American name and logo until new ones are selected, a move experts say provides breathing room to properly undertake the complicated process of rebranding and acquiring the rights to use new marks amid pressure to avoid further controversy.

  • July 23, 2020

    Full Fed. Circ. Won't Redo Its Reversal Of Uber's PTAB Loss

    The full Federal Circuit has refused to revisit its reversal of the Patent Trial and Appeal Board's decision that Uber failed to show that a GPS patent was invalid for being obvious, rejecting arguments by the patent's owner that the panel's ruling was based on a "fatal legal flaw."

  • July 23, 2020

    Alaska Airlines Ad Infringed Copyrighted Mural, Artist Says

    An Oakland-based artist hit Alaska Airlines Inc. with a copyright infringement suit in California federal court Thursday, alleging it used an image of one of her prominent murals in advertisements without permission.

  • July 23, 2020

    Texas Not The Place For Instagram Influencer Image Fight

    Dallas-based fashion influencer platform RewardStyle can't use Texas courts to force rival company ShopStyle to participate in a pre-suit deposition related to its claim that ShopStyle sold products using photos that had generated $500 million in sales for RewardStyle, a Texas appellate court held.

  • July 23, 2020

    Tesla Claims Electric Truck Startup Poached Workers, Stole IP

    Tesla Inc. has hit Rivian Automotive Inc. with a lawsuit in California state court, accusing the Plymouth, Michigan-based electric truck startup of heavily recruiting its employees who have allegedly stolen its trade secrets.

  • July 23, 2020

    Intercontinental Fights To Remain In Chicago Merc's TM Suit

    Intercontinental Exchange Inc. has challenged the Chicago Mercantile Exchange's bid to voluntarily dismiss it as a defendant in CME's trademark infringement suit, calling it a "desperate" attempt to avoid a ruling on whether its trademarks are actually valid.

  • July 23, 2020

    9th Circ. Sends Monster Energy's IP Win Back For Fresh Look

    The Ninth Circuit on Wednesday rolled back a $5 million verdict for Monster Energy Co. in a trademark and trade dress case against a Florida tool maker, saying fresh looks are needed on multiple claims due in part to a major recent U.S. Supreme Court ruling on the disgorgement of profits in trademark cases.

  • July 23, 2020

    Uber Sees A Chance For Tax Structure Overhaul In Pandemic

    A tax executive for Uber Technologies Inc. said Thursday the coronavirus pandemic had become an opportunity for the ride-sharing and food delivery service to reexamine its international tax structures, including the pricing of its core intellectual properties.

  • July 23, 2020

    Jay-Z's Roc Nation Sued Over Rihanna 'Spoiled Brat' Socks

    The owner of a "Spoiled Brat" trademark for a clothing line has sued Jay-Z's entertainment agency Roc Nation LLC in Florida for allegedly infringing on his trademark by promoting and selling singer Rihanna's "Spoiled Brat" ankle socks.

  • July 23, 2020

    Fidelity Says Ex-VP Fled To Merrill Lynch With Trade Secrets

    A former executive at Fidelity Brokerage Services LLC took clients and a trove of trade secrets with him when he jumped ship for Merrill Lynch, a move that could cost Fidelity $356 million in lost business, according to a lawsuit filed in Georgia federal court.

  • July 23, 2020

    Judge Says 'Bright Light' Must Be Shined On Liebowitz

    A Manhattan federal judge is refusing to halt a sanctions order requiring copyright lawyer Richard Liebowitz to inform current and future clients about his "extraordinary record of misconduct," citing the maxim that "sunlight is said to be the best of disinfectants."

  • July 22, 2020

    9th Circ. Revives Disney 'Pirates' Script IP Suit

    A Ninth Circuit panel on Wednesday upended a California federal court's dismissal of claims that Disney's "Pirates of the Caribbean" film franchise copied two screenwriters' script, saying the lower court wrongly concluded the two works were not sufficiently similar for the suit to go ahead.

  • July 22, 2020

    Fed. Circ. Rejects Minerva Plea To Abolish Assignor Estoppel

    The full Federal Circuit on Wednesday refused to take another look at whether it should abolish a doctrine barring inventors who sell their patent rights from challenging the patent's validity in district court, despite arguments from multiple sides to reconsider the rule.

  • July 22, 2020

    Clint Eastwood Says CBD Cos. Lied About His Endorsement

    Clint Eastwood demanded fistfuls of dollars from CBD companies and marketers in a pair of lawsuits Wednesday, accusing them of manipulating internet search results and using a fabricated interview with the acclaimed actor and director to peddle their wares.

  • July 22, 2020

    Taylor Swift Shakes Off Soul Artist's IP Suit Yet Again

    A California federal judge Tuesday tossed for good a Los Angeles soul artist's fourth lawsuit claiming Taylor Swift ripped off his song "Haters Gone Hate" to create her hit "Shake It Off," saying he might be declared a vexatious litigant if he keeps filing the same dismissed claims.

  • July 22, 2020

    DC Circ. Backs Copyright Judges' Sanction Power

    The D.C. Circuit on Tuesday backed a decision by a judicial copyright board to sanction an agent that purported to represent a fictitious entity seeking royalties for broadcast copyrights by denying it the right to pursue many claims altogether.

  • July 22, 2020

    Insurer Sues To Avoid Liability In Fracking Cos.' Dispute

    An insurer for a fracking chemical distributor asked a Texas federal court on Wednesday to declare that the distributor and one of its competitors can't drag it into their trade secrets dispute, because the underlying lawsuit falls outside the policies issued. 

  • July 22, 2020

    Sens. Call For NCAA Athlete 'Bill Of Rights' Amid Pay Debate

    Sen. Richard Blumenthal on Wednesday said during a Senate hearing that he and Sen. Cory Booker are working on federal legislation for a college athlete "Bill of Rights" that will not only allow athletes to monetize use of their names, images and likenesses, but negotiate revenue-sharing agreements with schools and conferences as part of sweeping reforms to college sports.

  • July 22, 2020

    Rovi Loses To Comcast Again At PTAB As IP Battle Rolls On

    The Patent Trial and Appeal Board has invalidated a TiVo subsidiary's patent covering a media guidance app, a decision that wipes out the last of the eight patents Rovi Guides Inc. asserted against Comcast in two underlying district court cases.

Expert Analysis

  • Cos. Should Assess IP, Contractual Protections For Their AI

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    Companies should understand the three types of intellectual property protection for safeguarding proprietary artificial intelligence — which is crucial to fighting the pandemic — as well as tools for creating protections when statutory means fall short, say Lori Bennett at Aetion and attorneys at Mayer Brown.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • What To Know About Licensee Standing In Trade Secret Cases

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    In light of recent opinions holding that aggrieved licensees have standing to sue for trade secret misappropriation under state and federal law, transactions should be structured to expressly recognize or limit this right, say Esha Bandyopadhyay and Alana Mannige at Fish & Richardson.

  • How USPTO Examiner Type Affects Patents: Part 2

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    Michael Sartori and Matt Welch at Baker Botts analyzed 10 years of data and found that knowing the type of examiner at the U.S. Patent and Trademark Office can help an applicant anticipate the likely costs to obtain a patent.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • 4 Stages Of Witness Preparation You've Likely Never Heard Of

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    Trial attorneys who have a tough time preparing witnesses, especially for cross-examination, should think about the four stages of competence and how they apply to people called upon to testify under oath, says Jeff Dougherty at Litigation IQ.

  • A Setback For ITC's Goal Of Adjudicating Design-Arounds

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    As illustrated by a recent Court of International Trade case involving road construction machines, the manufacturer of a purportedly noninfringing redesign has little incentive to pursue adjudication in an adversary proceeding at the U.S. International Trade Commission, says David Hollander at Adduci Mastriani.

  • How Cos. Can Avoid Patent Venue Pitfalls Of Remote Work

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    In implementing long-term remote work, companies that are frequently the target of patent infringement lawsuits should adopt several best practices to avoid exposing themselves to unfavorable, unfamiliar or inconvenient venues, say Matt Rizzolo and David Serati at Ropes & Gray.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Will Companies' COVID-19 Efforts Sway Juries?

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    Glenn Kuper and Jeffrey Jarman at Tsongas Litigation Consulting share findings from their recent study investigating the influence of pandemic-related corporate good behavior on trial outcomes.

  • What Proposed PTAB Rule Change Means For Patent Owners

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    Patent owners need to prepare for the U.S. Patent and Trademark Office's recent proposal that seeks to eliminate a significant, petitioner-favoring presumption in Patent Trial and Appeal Board proceedings and will make careful planning before institution more critical than ever, says Michael Stramiello at Paul Hastings.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • How Athletes Can Protect Names, Likenesses Amid Pandemic

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    While COVID-19 could dramatically reduce the value of professional athletes’ rights of publicity, there are measures they can take to mitigate the damage, including strategically using social media, say Bill Miras and Chris Klobucar at Stout.

  • Fed. Circ. Patent Rulings May Shift Use Of Motion To Dismiss

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    In view of two recent Federal Circuit cases affirming dismissals of patent infringement complaints, defendants should consider a motion to dismiss on the merits at the outset of a case as a strategy when three conditions are satisfied, says Steven Roth at Lucas & Mercanti.

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