Intellectual Property

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    Shackelford Adds 6 Winstead Attys In Houston, Dallas

    Shackelford Bowen McKinley & Norton LLP has added to its Dallas and Houston offices six attorneys previously with Winstead PC who work in the areas of intellectual property and corporate law, the firm has announced.

  • July 02, 2020

    Composer Says YouTube Fosters 'Hotbed' Of Copyright Piracy

    Grammy Award-winning composer Maria Schneider hit YouTube with a putative class action in California federal court Thursday alleging it facilitates a "hotbed" of copyright infringement through its enforcement system, which she said only protects major studios and record labels and abandons "ordinary creators" like her.

  • July 02, 2020

    Fed. Circ. Told PTAB's Fee Model Undercuts Due Process

    Patent Trial and Appeal Board judges are biased toward instituting America Invents Act reviews because the agency needs the fees involved to operate, and judges are evaluated and rewarded for their workload, a gaming company has told the Federal Circuit in a novel due process challenge.

  • July 02, 2020

    High Court Sends Booking.com TM Fee Case Back To 4th Circ.

    Fresh off its U.S. Supreme Court victory, Booking.com on Thursday won a bid to have the Fourth Circuit reconsider its attorney fees award to the U.S. Patent and Trademark Office after the agency lost their trademark dispute.

  • July 02, 2020

    Alcoa Says Contract Fight With AB InBev Must Be Litigated

    Aluminum giant Alcoa is urging a New York federal court not to force it to arbitrate a patent dispute relating to a type of aluminum used in Anheuser-Busch InBev bottles, arguing that the brewer is targeting the wrong company due to a 2016 corporate restructuring.

  • July 02, 2020

    Uniloc Assails Apple's 'Disingenuous' Bid To Escape WDTX

    Uniloc has hit back at Apple's "disingenuous" attempt to ship a patent case from West Texas to California, telling the Federal Circuit that it is "simply untrue" for the smartphone giant to claim it has no connection to the area when it has 8,000 employees there.

  • July 02, 2020

    Unified Gets Fed. Circ. To Affirm Nixing Of Database Patent

    A Federal Circuit panel has cemented a win for defensive patent group Unified Patents LLC at the Patent Trial and Appeal Board, upholding the board's decision that an earlier textbook renders a Sound View Innovations LLC database management patent invalid as obvious.

  • July 02, 2020

    Irish Co. Unable To Reverse Alice Loss On Music Transfer IP

    The Federal Circuit has upheld a California federal judge's 2019 ruling that four Data Scape Ltd. patents covering a method for transferring music files from one device to another are invalid under Alice.

  • July 02, 2020

    Fed. Circ. Won't Rethink Upholding Bike Chainring Patent

    The Federal Circuit on Thursday denied Fox Factory's request for a rehearing of a panel's decision upholding an Illinois rival's bicycle chainring patent, after the Georgia-based bike parts maker argued that the issues on appeal are the "mirror image" of another appeal that resulted in a related patent's invalidation.

  • July 02, 2020

    Sky, SkyKick Get OK To Appeal Rulings In Trademark Battle

    Sky Ltd. and SkyKick can each challenge rulings in their trademark dispute after a court in London ruled that the British telecommunications giant had registered some uses in bad faith but concluded that the Seattle startup had infringed others.

  • July 01, 2020

    Firm Defends Retaining Credit For Former Atty's Work

    An attorney for a Philadelphia-based personal injury firm told a federal judge during a hearing on Wednesday that he could be opening a floodgate of litigation if a former associate were allowed to move forward with claims that the firm was improperly taking credit for his work on its website.

  • July 01, 2020

    Sports Antitrust Protection Questioned As NCAA Seeks Bill

    U.S. Sen. Richard Blumenthal said Wednesday it may be high time to scrutinize sports labor antitrust exemptions, with the NCAA urging Congress to give it a pass from antitrust scrutiny as it works to reform its rules restricting college athletes from profiting from the use of their names, images and likenesses.

  • July 01, 2020

    Fed. Circ. Keeps Sandoz's Enbrel Biosimilar Off The Market

    Amgen Inc. on Wednesday fended off competition to its top-selling biologic Enbrel, when the Federal Circuit rejected Sandoz Inc.'s arguments that two patents are invalid for double-patenting.

  • July 01, 2020

    PTAB Told Broadcom's Bid To Fix Navigation IP Falls Short

    A Patent Trial and Appeal Board panel grappled Wednesday with an argument from Japan Radio that Broadcom Corp.'s revised motion to amend a patent covering global navigation satellite system technology is doomed because Broadcom didn't heed feedback it received from the amendment pilot program.

  • July 01, 2020

    Fed. Circ. Gives Retailer New Shot At Fees In Delivery IP Suit

    Online retailer ShoppersChoice.com can get another shot at scoring attorney fees in a patent dispute it won after the Federal Circuit ruled in a precedential opinion Wednesday that the lower court disregarded evidence of its opponent's "abusive pattern" of litigation.

  • July 01, 2020

    Fed. Circ., Judge Nix CardioNet Heart Monitor Patent Claims

    CardioNet's heart monitor patent cases against two different companies were dealt blows Wednesday by both the Federal Circuit, which invalidated three of the patents under Alice, and a Massachusetts federal judge, who axed infringement allegations on another patent for being filed too late.

  • July 01, 2020

    Top 7 Trademark Rulings Of 2020: A Midyear Report

    From cannabis to video games to three U.S. Supreme Court rulings, the first half of 2020 was a busy time in the world of trademark law. As we head into the back half of the year, here are the seven big trademark decisions you need to know.

  • July 01, 2020

    In Reversal, Litigious Porn Co. Can Unmask Downloaders

    A New Jersey federal judge ruled Tuesday that Strike 3 Holdings — a porn studio that has filed thousands of copyright lawsuits — must be allowed to unmask illegal downloaders, overturning a judge who sharply criticized the company's mass litigation.

  • July 01, 2020

    Va. Judge Suspicious Of Prudential Domain Dispute

    A Virginia federal judge pointedly questioned the purpose of a cybersquatting suit Prudential Insurance Co. of America slapped against a Chinese national, noting that while a disputed three-letter domain name is identical to the insurance giant's trademark, it isn't being used at all by the registrant and Prudential has no trademark rights in China.

  • July 01, 2020

    IP Law Firm Calls Dibs On 'Thrive' Name In TM Fight

    Intellectual property law firm Thrive IP is accusing another law firm of launching an "aggressive" campaign to wipe out its presence on the internet, saying in a lawsuit that the firm's marketing approach not only hurts Thrive IP's reputation but is also "demeaning to the legal profession."

  • July 01, 2020

    Fed. Circ. Affirms Drywall Patent Is Indefinite

    Pacific Coast Building Products Inc. has lost a bid to reverse a California federal judge's decision that one claim in a drywall patent it asserted against CertainTeed Gypsum in a 2018 suit is indefinite, with a Federal Circuit panel agreeing a key claim term's ambiguity renders it invalid.

  • July 01, 2020

    Kylie Jenner's Cosmetics Co. Hit With Trade Secrets Suit

    The company that manufactures products for Kylie Jenner's cosmetics line is suing the LLC behind the line and its majority owner, Coty Inc., claiming in California state court Tuesday that the two companies misappropriated its trade secrets.

  • July 01, 2020

    Samsung Averts Texas Trial, Settles Face-Detection IP Case

    Samsung and patent adversary Image Processing Technologies said Wednesday that they have settled a lawsuit over face detection technology, averting a July 6 jury trial before U.S. District Judge Rodney Gilstrap, who earlier this week refused to delay the proceeding despite Texas' spike in coronavirus cases.

  • July 01, 2020

    Copyright Office Questions Idea Of 'Stay-Down' System

    The U.S. Copyright Office is declining — for now — to push for radical changes to the Digital Millennium Copyright Act that would require websites like YouTube to permanently ban infringing materials, saying such an approach would raise a slew of difficult questions.

Expert Analysis

  • Don't Count On PREP Act To Defend Pandemic IP Infringement

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    The U.S. Department of Health and Human Services' recent guidance, the rise in pandemic-related intellectual property lawsuits, and constitutional considerations suggest that parties cannot rely with certainty on the Public Readiness and Emergency Preparedness Act to protect against infringement claims, say attorneys at Gibson Dunn.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • Altera Could Bolster State Transfer Pricing Scrutiny

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    The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Guide To West Texas Patent Cases Before Albright: Part 1

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    Patent litigants must become familiar with the unique procedures of the Western District of Texas under Judge Alan Albright, who has already heard 18% of all nationwide patent infringement cases this year and is expected to hear more than 600 complaints by the end of 2020, say attorneys at WilmerHale.

  • High Unemployment May Threaten Restrictive Covenants

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    Restrictive covenants in employment agreements will face greater scrutiny from courts if high unemployment persists, but the analysis will depend on whether the company aims to protect trade secrets, client relationships or its interest in unique employees, says Reid Skibell at Harris St. Laurent.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • IP Risks To Consider When Joining 'Open COVID Pledge'

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    While the sharing of intellectual property through initiatives like the Open COVID Pledge is essential for the rapid development of a cure for COVID-19, there are certain precautionary measures that IP owners and potential licensees should undertake in order to avoid future controversies and legal battles, say Gunjan Agarwal and Chipo Jolibois at Fox Rothschild.

  • Contract, IP And Employment Claims Increase In A Downturn

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    As a result of current market trends, companies should be prepared for more commercial, intellectual property and employment claims, which can make a downturn even more challenging, says Charlene Morrow at Fenwick.

  • Strategic Considerations For The Escalating SEP Battles

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    Recent developments in the standard-essential patent landscape affect licensing negotiations and litigation involving communications and networking technologies, and will lead to increased attention from regulators and potential inconsistencies among different agencies and forums, say Erik Puknys and Michelle Rice at Finnegan.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • A New Antitrust Approach After Humira 'Patent Thicket' Ruling

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    In light of an Illinois federal court's recent holding that AbbVie's Humira "patent thicket" did not violate antitrust laws, parties concerned with the potential anti-competitive conduct of a biologic reference product sponsor should focus on conduct and look beyond patent obtainment, says Kevin Nelson at Schiff Hardin.

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