Intellectual Property

  • September 04, 2020

    Ala. Firm Must Face Atty's IP Suit Over FCA Book In Ohio

    An Ohio federal court declined to throw out a suit accusing Alabama law firm Beasley Allen Crow Methvin Portis & Miles PC and one of its principals of putting out a book that lifted material from an Ohio lawyer's treatise, saying that the suit can proceed in the Buckeye State.

  • September 04, 2020

    'You Lose,' Fed. Circ. Judge Says In Cattle Breeding IP Fight

    Neither company fighting over a patent for a cattle semen sorting method was interested in uncovering the role of one specific scientist because they were both afraid that the answer might ruin their case, and now one of them is living with the consequences, a Federal Circuit judge said Friday.

  • September 04, 2020

    Lego Can't Register 'BrickHeadz' Trademark, TTAB Says

    The Trademark Trial and Appeal Board has ruled that Lego cannot register "BrickHeadz" as a trademark, ruling it too similar to the name of a small education company that uses construction toys to teach children.

  • September 04, 2020

    TM Owner Settles Claim Over Rihanna 'Spoiled Brat' Socks

    A Florida man who owns a trademark for a "Spoiled Brat" clothing line has settled infringement claims against sock manufacturer Stance Inc. over singer Rihanna's line of anklet socks using the same name.

  • September 04, 2020

    Uber Fights To Move Instacart Copyright Suit To California

    Uber-owned grocery delivery company Cornershop has asked a Texas federal judge to either dismiss a copyright suit brought against it by competitor Instacart or transfer it to California, where both companies are headquartered in San Francisco.

  • September 04, 2020

    HHS Unit Probes Funding For Moderna's Patented Vaccines

    A U.S. Department of Health and Human Services subagency said Friday that it is investigating whether Moderna Therapeutics was upfront about government funding in patent applications related to its work on the Zika vaccine and its closely watched COVID-19 vaccine candidate.

  • September 04, 2020

    Fed. Circ. Judge Wary Of St. Jude Heart Valve Patent Defense

    Abbott Laboratories unit St. Jude Medical LLC suffered pushback Friday in its bid to overturn a U.S. Patent and Trademark Office's decision upholding several claims that it infringed a physician's patent covering artificial heart valves after a Federal Circuit judge cast strong doubts on the medical device company's assertions.

  • September 04, 2020

    Brand Battles: Johnson & Johnson Rips On 'Handaid' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Johnson & Johnson is fighting a startup over its "Handaid" hand sanitizer, arguing that people may believe the product to be linked to its "Band-Aid" brand — plus four other TTAB cases you need to know.

  • September 04, 2020

    Ferring Fights To Revive Drug IP Inventorship Dispute

    A Federal Circuit panel on Thursday questioned why Ferring Pharmaceuticals waited seven years to challenge the inventorship of three patents that an ex-employee sold to Allergan in a $43 million deal in 2010.

  • September 04, 2020

    Google Loses PTAB Challenge Of Siri Tech Patent

    The Patent Trial and Appeal Board has upheld all 10 claims in an IPA Technologies Inc. patent on software architecture for digital voice assistant technology that was challenged by Google LLC, finding that the technology giant's arguments of inventorship for its asserted prior art reference fell flat.

  • September 04, 2020

    Law Firm Launches TM Fight Over NYC-HURT Phone Number

    Personal injury firm Chopra & Nocerino LLP has accused another law firm of exploiting its 855-NYC-HURT phone number by using a similar number that is different by only two digits.

  • September 04, 2020

    Drug-Device Combos Divide Orange Book Feedback

    Major drugmakers, attorneys general and pharma trade organizations have given the U.S. Food and Drug Administration conflicting arguments on whether patents for drug-device combinations and established risk evaluation and mitigation strategies should be added to the Orange Book.

  • September 04, 2020

    CBD Maker Says Ex-Partners Stole Topical Cream Formula

    A Florida CBD maker has accused its former business partners of conspiring to steal its topical cream formula, reprising allegations in an earlier lawsuit that was tossed after the company was unable to replace its lawyers.

  • September 04, 2020

    Phillips 66 Says Marine Fuel Refining Patent Is Invalid

    Phillips 66 told a federal judge in Texas that he should not only find the company hasn't infringed four patents for technology that refines oil for marine fuel but should declare those patents invalid as well.

  • September 04, 2020

    Courts Referee NCAA Athlete Pay Fight As States Mull Change

    The NCAA sent shockwaves across college sports earlier this year when it agreed to change longstanding rules blocking athletes from earning money from sponsorship and endorsement deals, a new dynamic that could make it harder for the organization to defend its amateurism system in the courts.

  • September 04, 2020

    Pandemic Moves $10B Bitcoin 'Inventor' Trial To 2021

    The trial over the ownership of what could be billions of dollars of bitcoin and intellectual property, pitting self-described Bitcoin "inventor" Craig Wright against the estate of his late business partner, has been postponed to 2021 after the chief judge of the Southern District of Florida decided to delay all jury trials in response to the COVID-19 pandemic.

  • September 04, 2020

    Fed. Circ. Won't Use Thryv To Block PTAB Joinder Appeals

    While the full Federal Circuit refused Friday to reconsider a ruling that Patent Trial and Appeal Board petitioners can't join themselves as a party to an existing review, the original panel reissued its opinion to say the U.S. Supreme Court's Thryv decision didn't bar the panel from considering the question in the first place.

  • September 04, 2020

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

    This past week in London has seen a fashion boss reignite its fight with Lloyds Bank, England's top soccer league take action against a Chinese broadcaster and a Saudi prince sued in connection with an airline leasing company. Here, Law360 looks at those and other new claims in the U.K.

  • September 03, 2020

    Pokémon Go Maker Accused Of Infringing Gaming IP

    The maker of the popular smartphone game Pokémon Go has been infringing a trio of patents covering "groundbreaking" augmented reality and gaming systems belonging to companies affiliated with billionaire Dr. Patrick Soon-Shiong, according to a suit filed Thursday in California federal court.

  • September 03, 2020

    Amazon Alexa Devices Didn't Infringe Patents, Jury Finds

    A Texas federal jury has found Amazon didn't infringe patents held by Innovation Sciences Inc. with its Alexa-powered smart home devices, and further concluded these patents covering a so-called diaper management device described routine technology.

  • September 03, 2020

    Arthrex Wrongly Invoked In Rovi Case, Comcast Tells Justices

    Comcast has asked the U.S. Supreme Court to review the Federal Circuit's decision ordering the Patent Trial and Appeal Board to rehear cases over a TiVo Corp. subsidiary's invalidated remote access device patents based on the Federal Circuit's Arthrex ruling.

  • September 03, 2020

    Twitter Misread PTAB Standard In IP Suit, Fed Circ. Says

    The Federal Circuit on Thursday refused to disturb a Patent Trial and Appeal Board decision that two VidStream LLC video patents being challenged by Twitter weren't obvious, shutting down the social media giant's argument that the board misjudged a prior art reference.

  • September 03, 2020

    Saint Xavier U. Says Fired Coach Hijacked Twitter Account

    Saint Xavier University has sued its former baseball coach in Illinois federal court, claiming he hijacked the institution's Twitter account after being fired and posted disparaging tweets about the school before starting a rival account meant to trick users into believing it is the baseball program's official account.

  • September 03, 2020

    Fed. Circ. OKs Google's Partial PTAB Win Over BlackBerry

    The Federal Circuit has ruled that the Patent Trial and Appeal Board correctly invalidated parts of BlackBerry's digital sign-in patent that were challenged by Google, but it was unmoved by the tech giant's attempts to strike down other disputed claims on appeal.

  • September 03, 2020

    FAU Settles Email Access, TM Claims Against Tutoring Biz

    Florida Atlantic University has reached a settlement to end its suit accusing a tutoring company of infringing its trademarks and using students' accounts to send mass marketing emails without authorization, according to a joint stipulation filed Wednesday in Florida federal court.

Expert Analysis

  • Reading The Tea Leaves Of PTAB's Motion To Amend Study

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    Analysis of data from and beyond the Patent Trial and Appeal Board's recent motions to amend study and decisions over the past year reveals that the board's pilot program has yielded slightly greater success for patent owners but that there are strategic reasons to proceed cautiously, say attorneys at Latham.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Problems With USPTO Withholding Record For Some Appeals

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    The U.S. Patent and Trademark Office's practice of refusing to transmit a certified list of the administrative record in certain appeals to the Federal Circuit likely contravenes the Patent Act and Federal Circuit rules concerning appellate filings, say attorneys at Smith Baluch and Baker Botts.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • 5 Key Takeaways From Texas Appraisal Trade Secret Saga

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    The ongoing trade secret dispute in Texas between home valuation company HouseCanary and former collaborator Title Source offers important lessons for litigators, on thoroughly conducting presuit investigations, properly drafting jury charges and more, say Eric Fues and Maximilienne Giannelli at Finnegan.

  • How PTAB Reviews Examiner Errors For IPR Institution

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    Jeffrey Townes and Hongling Zou at Cozen O’Connor explore how the Patent Trial and Appeal Board reviews examiner errors, because although the board has recently denied inter partes review based on issues presented during prosecution, petitioners have little guidance on when examiner error merits IPR institution.

  • Opinion

    Fla. Jury Selection Success Shows Viability Of Remote Trials

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    The success of a Broward County, Florida, court earlier this month in conducting jury selection online is a true testament of faith in the jury system, and there is no doubt trials can be conducted via a video platform during the pandemic, says Chief Judge Jack Tuter of Florida's 17th Judicial Circuit.

  • 6 Ways GCs Can Assess Insider Threat Risk

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    General counsel should ask team members in information technology, security and compliance about data loss prevention and other processes to evaluate workers’ potential to breach their data authorization as the COVID-19 crisis continues to overwhelm day-to-day operations, says Amy Mushahwar at Alston & Bird.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Assessing 6 Years Of Court And USPTO Alice Interpretations

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    Six years after the U.S. Supreme Court's landmark Alice decision, U.S. Patent and Trademark Office outcomes reveal much-needed clarity on patent eligibility, while Federal Circuit decisions have provided less certainty and predictability, say Michael Kasdan at Wiggin and Dana, and Nikko Quevada and Vincent Violago at Parola Analytics.

  • Increased Forum Shopping For US Discovery Likely After Guo

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    As the Second Circuit joined the Fifth Circuit this month in prohibiting the use of a foreign discovery statute in aid of international private arbitration in the case of Guo, the Fourth and Sixth Circuits will likely see a disproportionate number of applications for Section 1782 discovery until the issue is taken up by the U.S. Supreme Court, say attorneys at MoloLamken.

  • Recent US Actions Muddy USMCA Media Protections

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    The new United States-Mexico-Canada Agreement includes liability protections for interactive computer service providers modelled on U.S. law, but a recent executive order and recommended statutory changes that would put U.S. law at odds with the agreement could lead to trade disputes, say advisers at Crowell & Moring and C&M International.

  • Opinion

    Jurors Should Get A Pay Raise

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    Federal jurors are being paid less than minimum wage, and state laws on jury pay range from inadequate down to nonexistent, so Congress should require fair compensation in both federal and state courts, says attorney R. D. Kelly.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

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