Intellectual Property

  • January 19, 2018

    Software Developer Gets 5 Years For Stealing Source Code

    A software developer arrested in late 2015, who pled guilty to economic espionage and theft of a trade secret in New York federal court, was sentenced Friday to five years in prison for stealing source code from his former employer, with apparent plans to sell it and use it for the Chinese government.

  • January 19, 2018

    Brand Battles: Green Bay Packers Tackle 'Titletown' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Green Bay Packers grapple with a newspaper giant over the nickname "Titletown," Sonic Drive-In tries to stop a craft brewer's "Sonic" cocktail, and Iceland protects its name against an unauthorized vodka brand.

  • January 19, 2018

    BoingBoing Owner Wants Out Of Playboy's Copyright Suit

    The owner of online news site BoingBoing urged a California federal court Thursday to toss Playboy’s copyright infringement suit over a story that linked to a slideshow of every centerfold the men’s magazine ever published, saying that linking to others’ content isn’t against the law.

  • January 19, 2018

    Cornell, Life Tech Must Arbitrate IP Settlement Fight

    Cornell University must arbitrate its claim that Life Technologies Corp. tricked it into settling a suit accusing a third company of infringing their DNA and RNA sequencing patents, a Delaware federal magistrate judge said Friday.

  • January 19, 2018

    Applebees, IHOP Can't Toss TM Suit Over Splenda Knockoff

    An Indiana federal judge Thursday said operators of Applebee’s and International House of Pancakes restaurants can’t escape a trademark infringement suit from the maker of Splenda alleging the restaurants deceptively offer a knockoff low-calorie sweetener in a similar yellow packet, saying a color may be protected as a trademark.

  • January 19, 2018

    Sony, Movie Producer Settle Suit Over 2014 Cyberattack

    The producer of the 2015 film "To Write Love On Her Arms" agreed to settle its breach of contract claims against Sony Pictures over the leak of its film to the public in the wake of the 2014 Sony cyberattack.

  • January 19, 2018

    Samsonite, Others Urge Fed. Circ. To Rethink Lock IP Ruling

    Samsonite and other luggage makers on Thursday urged the Federal Circuit to reconsider its decision last month that they could be liable for jointly infringing a luggage lock patent with the Transportation Security Administration, saying the panel misapplied the law on joint infringement and conflicts with prior rulings.

  • January 19, 2018

    IP Hires: Akerman, Grant & Eisenhofer, Levi & Snotherly

    In this week’s intellectual property partners on the move, an ex-McKool Smith attorney and the former senior counsel of Samsung open an International Trade Commission-focused firm, Akerman hires a pair of ex-Sedgwick media pros, and Grant & Eisenhofer launches a patent practice in Delaware. Here are details on the IP attorneys who have landed new jobs.

  • January 19, 2018

    Merck Loses Bid To Revive Antibiotic Patent In Fed. Circ.

    The Federal Circuit on Thursday held firm in its decision to invalidate a patent covering Merck’s antibiotic Invanz, which was being challenged by Pfizer Inc. unit Hospira, despite arguments from Merck that the patent came from unique research.

  • January 19, 2018

    Helsinn Wants On-Sale Bar Ruling Held For High Court Appeal

    The Federal Circuit has given Teva Pharmaceuticals until Monday to reply to Helsinn Healthcare’s last-ditch bid to keep Teva from launching a generic version of Helsinn’s Aloxi anti-nausea drug while it seeks to take its patent case to the U.S. Supreme Court.

  • January 19, 2018

    TTAB Greenlights New Logo For Pitney Bowes

    The Trademark Trial and Appeal Board has ruled that logistics firm Pitney Bowes can register its logo as a trademark for mailing services, overturning a decision that said a screenshot of the company’s website was not enough to prove it was using the design for that purpose.

  • January 18, 2018

    Fox Seeks To Toss 'Gone Girl' Infringement Suit

    Twentieth Century Fox asked an Illinois federal judge Wednesday to dismiss a suit brought by a screenwriter who alleges the studio’s hit 2014 film “Gone Girl” infringed upon her work and that the author of the book the movie was based on had also copied from her.

  • January 18, 2018

    GM Says Car Entertainment Systems Not Recording Devices

    General Motors told a D.C. federal court Wednesday that its in-vehicle entertainment systems don’t qualify as digital recording devices that would require it to pay royalties for songs copied onto the systems’ hard drives, with the Alliance of Artists and Recording Cos. responding that “the facts on the record” say otherwise.

  • January 18, 2018

    Judge Won't Kill Soil Sample App Patent Under Alice

    An Indiana federal judge Tuesday declined TapLogic LLC’s request to invalidate under Alice a patent for tracking soil samples that agriculture consulting firm Agri-Labs claims was infringed by the software company’s smartphone app, though allegations of direct infringement were cut from the lawsuit. 

  • January 18, 2018

    Janssen Sues Teva To Stop Generic Of Schizophrenia Drug

    A generic version of the schizophrenia drug Invega Sustenna that Teva Pharmaceuticals seeks to manufacture and sell would infringe the asserted claims of a patent covering the drug, Janssen Pharmaceuticals Inc. alleged Wednesday in New Jersey federal court.

  • January 18, 2018

    Kipling-Quoting Oil Developer Gets No Fees In Patent Case

    An oil well technology patent case where passions once ran high enough to prompt defendant BlueStone Natural Resources II LLC to quote a Rudyard Kipling poem was not so exceptionally weak as to merit attorneys’ fees for the company, a Texas federal judge ruled Thursday.

  • January 18, 2018

    Generics Co. Resists Allergan's Bid To Leave Restasis IPRs

    Allergan Inc.'s request to leave a series of patent challenges tied to its dry-eye medication Restasis should be rejected because the company's deal to transfer the patents to a Native American tribe does not shield the firm from liability, a generic-drug maker told the Patent Trial and Appeal Board Wednesday.

  • January 18, 2018

    'Bed-In-A-Box' Patent Ruling Chock-Full Of Flaws: Fed. Circ.

    The Federal Circuit on Thursday threw out a ruling that a patent on a “bed-in-a-box” is invalid as obvious, finding that the lower court judge made several errors, including granting summary judgment on his own motion without notifying patent owner Zinus Inc.

  • January 18, 2018

    Courtroom Will Stay Open For Waymo Trade Secrets Battle

    A California federal judge Thursday denied Waymo LLC's motion to close the courtroom for the trial over its claim that Uber Technologies stole its plans for self-driving cars, saying Waymo has agreed less severe restrictions are sufficient to protect the company's trade secrets.

  • January 18, 2018

    Qualcomm Trims IP From $37.7B NXP Deal For EU Approval

    Qualcomm Inc. has agreed to cut certain patents from its proposed $37.7 billion acquisition of NXP to score approval from the European Commission and the Korea Fair Trade Commission, leaving it just one competition agency's approval shy of sealing the deal, the company said Thursday.

Expert Analysis

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • 5 Advertising Law Trends To Watch In 2018

    Jason Gordon

    Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.

  • Martin Luther King Jr. And Copyright: 5 Things To Know

    David Kluft

    Monday is Martin Luther King Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister. Although copyright is not — and should not be — the first thing that comes to mind when we think of King, his legacy's impact on copyright law ought to be somewhere on the list, says David Kluft of Foley Hoag LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • The Latest Fed. Circ. Approach To 'Inference Of Intent'

    Francis C. Lynch

    The Federal Circuit's recent denial of further review in Regeneron v. Merus means that it is now established law that an adverse inference of wrongful intent can, in some circumstance, be drawn as a sanction for litigation misconduct without satisfying two Therasense requirements for making inferences of wrongful intent, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • Fed. Circ. Continues To Rein In PTAB

    Garrard Beeney

    This week's decision in Wi-Fi One v. Broadcomm continues a string of Federal Circuit efforts to limit the Patent Trial and Appeal Board's ability to review and invalidate patent claims. Wi-Fi One may expand the PTAB determinations subject to appeal, and it also has other implications for the inter partes review process, say Garrard Beeney and Stephen Elliott of Sullivan & Cromwell LLP.

  • The Trouble With Trademarking A Trend

    Ronda Majure.jpg

    Recently we’ve been witnessing a concerning twist in the trademark process. People are opportunistically attempting to trademark certain words or phrases that are considered to be on trend — like "Trump," "Brexit" and "covfefe." But most of these are very likely to fail at the U.S. Patent and Trademark Office, says Ronda Majure of CompuMark.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Fed. Circ. ​Ruling May Trigger New Wave Of TM Applications

    Perry Viscounty

    Following the Federal Circuit’s recent Brunetti decision, the U.S. Patent and Trademark Office should no longer reject trademark applications on the grounds that they are immoral, scandalous or disparaging, which opens up registration to a diverse range of applicants whose marks were previously precluded by the Lanham Act, say attorneys with Latham & Watkins LLP.