Intellectual Property

  • January 13, 2017

    Urban Outfitters Asks 9th Circ. To Scrap Fabric IP Loss

    Urban Outfitters Inc. urged the Ninth Circuit at a hearing Friday to reverse a judge’s finding that it infringed a copyrighted fabric design, saying the question of whether a pattern on one of its dresses was substantially similar to the fabric was for a jury to decide.

  • January 13, 2017

    ATopTech Hits Ch. 11 10 Months After $30M IP Verdict

    Software company ATopTech Inc. filed for Chapter 11 protection in Delaware on Friday, about 10 months after a California federal jury hit it with a $30 million verdict on accusations of infringing Synopsys Inc.'s copyrights, but says it has a potential buyer lined up to anchor a bankruptcy auction.

  • January 13, 2017

    DOJ, FTC Refresh IP Antitrust Licensing Guidelines

    The U.S. Department of Justice and Federal Trade Commission released on Friday updated antitrust guidelines for the licensing of intellectual property, taking into account recent U.S. Supreme Court decisions and changes to copyright and patent terms.

  • January 13, 2017

    Agilent Rival Can't Trim Trade Secret Suit Over DNA Tech

    A California state judge on Friday denied startup Twist Bioscience Corp.’s bid to trim Agilent Technologies Inc.’s suit accusing Twist’s founder of stealing its proprietary DNA synthesis technology, finding that trade secret claims don't preempt breach of loyalty claims under the California Uniform Trade Secrets Act.

  • January 13, 2017

    Brand Battles: Chicago Cubs, Sazerac, Tinder

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Chicago Cubs battle the Colorado Avalanche over the hockey club's new logo, Sazerac and E&J Gallo clash over "High" brands, and Tinder aims to block a "Swipe" mark.

  • January 13, 2017

    Ex-Reebok CEO Must Sit For Deposition In TM Dispute

    Reebok on Friday lost a bid in federal court to shield its former CEO Ulrich Becker from deposition in the trademark suit the company filed against apparel makers who allegedly infringed its RBK brand.

  • January 13, 2017

    Techie 'Cult Leader' Woos Fed. Circ. In Microsoft Patent Row

    Counsel for a New York inventor who gained notoriety as an alleged self-help "cult leader" fought on Friday to revive the man’s patent infringement suit against Microsoft Corp. and AT&T Inc. over teleconferencing technology, assuring a Federal Circuit panel that he owns the rights to the patents.

  • January 13, 2017

    Hampshire Nets Nearly $1M In Del. Ch. 11 Goods, IP Sale

    Menswear supplier Hampshire Group Ltd. knit together a quick bankruptcy sale of its top brands in Delaware on Friday, netting less than $1 million but still calling the development an important step toward an orderly Chapter 11 liquidation.

  • January 13, 2017

    Calif. Telecom Fights Partner’s Fraud Claims In Sprint Dispute

    A California telecommunications products company Thursday urged a California judge to ax counterclaims from a former business partner in a breach of contract case, saying the claims of fraud, forgery and misappropriation of trade secrets fail to meet basic pleading requirements.

  • January 13, 2017

    Photogs Ask To Appeal NFL, AP Contract Claims Dismissal

    Photographers alleging that the National Football League forced them into a raw deal with the Associated Press asked a New York federal judge to amend his judgment and allow an appeal of some of their claims, arguing that they are distinct from the claims that are scheduled for arbitration.

  • January 13, 2017

    Health Hires: 7 New Life Sciences, Health Additions

    The beginning of 2017 has seen Squire Patton Boggs LLP, Orrick Herrington & Sutcliffe LLP and Fenwick & West LLP grow their life sciences teams, and Dinsmore & Shohl LLP, Mandelbaum Salsburg PC, Saul Ewing LLP and Buchanan Ingersoll & Rooney PC expand their health care groups.

  • January 13, 2017

    EA Gets Part Of Video Game Patent Axed At PTAB

    Electronic Acts Inc. scored a victory at the Patent Trial and Appeal Board on Thursday, when the board invalidated much of a sports video game patent that EA’s college football and golf video games are accused of infringing.

  • January 13, 2017

    High Court Takes Up Amgen-Sandoz Biosimilar Brawl

    The U.S. Supreme Court on Friday took up a fight between Amgen and Sandoz over the obligations of biosimilar makers to give advance notice of sales and divulge approval applications to innovator counterparts, setting the stage for an industry-defining decision.

  • January 13, 2017

    Health Data Patents Not Abstract In Aetna Row, Fed. Circ. Told

    Software company HealthTrio LLC on Friday fought to reverse a ruling that its patents for an online record-keeping system asserted against health insurance giant Aetna Inc. are invalid as abstract, telling the Federal Circuit that the technology encompasses far more than simply translating information for electronic databases.

  • January 12, 2017

    Sens. Reintroduce Bill Regulating Pay-For-Delay Deals

    Two U.S. senators reintroduced bipartisan legislation on Thursday that proposes to crack down on anti-competitive pay-for-delay pharmaceutical deals in which brand companies pay their generic rivals not to compete as part of a patent settlement.

  • January 12, 2017

    Judge Knocks Out Imaging Patent For Inequitable Conduct

    Visage Imaging Inc. won a ruling Wednesday that a patent for a 3-D medical image system is unenforceable after a Georgia federal judge decided that the patent's owner committed inequitable conduct while getting the patent reinstated.

  • January 12, 2017

    Fed. Circ. Backs Eli Lilly Alimta Patent Win Under Akamai

    The Federal Circuit on Thursday upheld an order barring Teva from launching a generic version of Eli Lilly’s lung cancer drug Alimta, ruling that the generics maker is liable for inducing infringement of an Eli Lilly patent under the court’s recent en banc Akamai decision.

  • January 12, 2017

    Fed. Circ. Reopens Apple-Samsung Patent Damages Row

    The Federal Circuit reopened the patent fight between Apple and Samsung on Thursday, about a month after the U.S. Supreme Court ruled Samsung may not have to pay all its profits from the smartphones found to infringe Apple’s design patents.

  • January 12, 2017

    Kudelski Group Hits NFL With Digital Content IP Suit

    A California subsidiary of the Swiss digital security company Kudelski Group hit NFL Enterprises LLC with a lawsuit in Texas federal court Thursday, accusing the sports media giant of infringing seven of its patents related to video streaming and security software, including one patent for a PIN function on the NFL website.

  • January 12, 2017

    Ex-Fed. Circ. Chief, J&J Exec Express Interest In USPTO Job

    Former Federal Circuit Chief Judge Randall Rader and Johnson & Johnson in-house intellectual property counsel Philip Johnson are among those who say they are interested in serving as U.S. Patent and Trademark Office director under President-elect Donald Trump.

Expert Analysis

  • Trends In IPR Institution: Part 2 — Inter Partes Art, Arguments

    Virginia L. Carron

    In institution decisions where art or arguments were previously presented during inter partes review, the Patent Trial and Appeal Board regularly identifies eight reasons in considering whether the art or argument are “substantially the same,” say Virginia Carron and Ashley Winkler of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Virtual Reality And The Law: Part 2

    David Fink

    Virtual and augmented reality technologies are here, and are raising very real legal issues. Technology firms and content creators must take care to safeguard private information collected from users, ensure respect for the laws of copyright, trademark and right of publicity, and grapple with moral and legal questions surrounding simulations of illegal acts, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • Virtual Reality And The Law: Part 1

    David Fink

    Virtual reality and its cousin, augmented reality, are going mainstream. Many top tech companies are developing VR systems, and firms in many industries have created VR “experiences” for their customers. But this technology raises very real legal issues, especially in the areas of consumer safety, privacy, intellectual property and First Amendment law, say David Fink and Jamie Zagoria of Kelley Drye & Warren LLP.

  • What To Expect From China’s Anti-Monopoly Law This Year

    Huang Wei

    In 2016, the development of China’s Anti-Monopoly Law was fruitful in all respects, including guideline drafting, public enforcement and litigation. We have nine predictions for 2017, say Huang Wei and Rebecca Yin of Tian Yuan Law Firm.

  • Trends In IPR Institution: Part 1 — Ex Parte Art, Arguments

    Virginia L. Carron

    At times the Patent Trial and Appeal Board will deny inter partes review petitions that raise duplicative attacks based on previously submitted prior art or arguments. While no statute or regulation provides guidance on what constitutes “the same or substantially the same prior art or arguments,” certain factors seem to strongly influence the board’s decision, say Virginia Carron and Ashley Winkler of Finnegan Henderson Farabow Gar... (continued)

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Apparent Settlement Authority In A Paragraph IV Dispute

    Gaston Kroub

    While a patentee settling with multiple defendants at once may be an unusual circumstance, what is even more unusual is where a defendant in a multidefendant case needs to seek judicial intervention to preserve a settlement it had reached with the patentees. The recent decision in Horizon v. Actavis from the District of New Jersey suggests that patentees looking to enforce such a settlement may not be powerless, says Gaston Kroub o... (continued)

  • Acquiring Ownership Rights To Machine Learning Output

    Michael Baumert

    Without certain adjustments, the traditional software licensing model may no longer be appropriate for the licensing of artificial intelligence systems, says Michael Baumert of Mayer Brown LLP.

  • Inter Partes Review Estoppel Takes Shape

    Cynthia Lambert Hardman

    Few district court or Federal Circuit cases have ruled on the scope and effect of inter partes review estoppel. However, the emerging body of law is revealing a much less onerous interpretation of the estoppel provision than many originally anticipated, say attorneys with Goodwin Procter LLP.