Intellectual Property

  • June 28, 2017

    Canadian Court Forces Google To Nix Search Results Globally

    Google must globally deindex the website of a company that allegedly sold stolen networking technology, the Canadian Supreme Court ruled Wednesday, taking a position that the web giant has argued would quell free expression online.

  • June 28, 2017

    Pot TM Case Should Get Full 8th Circ. Rehearing, ISU Says

    Administrators at Iowa State University asked the Eighth Circuit on Tuesday to consider for a third time the issue of whether denying pro-marijuana students access to the school’s trademarks steps on the students' free-speech rights, saying the court should now give the case en banc review.

  • June 28, 2017

    Buffalo Trace, Wine Can’t Be Confused, Trial Judge Told

    Fetzer Vineyards on Wednesday fought allegations that it infringed the Buffalo Trace bourbon trademark owned by Sazerac Co., calling an industry specialist and a marketing expert to testify during a bench trial that there was no way consumers would confuse the wine and bourbon products.

  • June 28, 2017

    Qualcomm Attys Can’t See All Of Intel’s Docs In FTC Row

    A California magistrate judge on Wednesday granted Intel's request for a protective order safeguarding its highly confidential information from Qualcomm's in-house counsel in the Federal Trade Commission’s antitrust suit over Qualcomm’s patent licensing practices, saying the risks to Intel outweigh the benefits to Qualcomm.

  • June 28, 2017

    Coffee Co. Wants $2.4M TM Judgment Reconsidered

    Jammin Java Corp. urged a California federal judge Tuesday to reconsider his May ruling that the coffee company owes companies connected to Bob Marley $2.4 million for selling Marley-branded coffee after a trademark license agreement between the companies was terminated, arguing that the court failed to consider whether the alleged infringement was willful.

  • June 28, 2017

    More Companies Filing Patents Overseas, Report Says

    International patent filing is increasing for global patent owners, with Brazil, China, India and Russia becoming more and more recognized as major patent hubs, according to a report issued on Wednesday by foreign patent filing service provider Inovia that examines intellectual property trends in 2016.

  • June 28, 2017

    Playboy's Damages Against Drink Co. Tripled To Nearly $19M

    An Illinois state court has tripled Playboy’s $5 million damages award, denied a bid by the maker of an energy drink bearing Playboy’s name for a new trial and granted Playboy fees and costs in a long-running trademark infringement case, bringing its winnings in the case to nearly $19 million.

  • June 28, 2017

    Ropes & Gray Defends 'Strategic' Cuts To Patent Practice

    Ropes & Gray LLP’s patent litigation team is approximately half the size it was five years ago, and the firm’s patent prosecution team is set to leave later this year. Here, former partners and the firm’s leadership offer their disparate views on the group’s drastic transformation.

  • June 28, 2017

    Converse Can't Own 'Ubiquitous' Chuck Design, Walmart Says

    Walmart, Skechers and New Balance are urging the Federal Circuit to rule that Converse cannot protect its Chuck Taylor sneaker with trademark law, saying the shoe’s design had been “ubiquitously sold for decades by numerous companies.”

  • June 28, 2017

    Amgen, Hospira Battle Over Experts Ahead Of Patent Trial

    Pharmaceutical company Amgen Inc. sparred Wednesday in Delaware federal court with competitor Hospira Inc. over expert reports each side is hoping to use at a September patent infringment trial on Hospira’s efforts to produce a biosimilar version of Amgen’s anti-anemia drug Epogen.

  • June 28, 2017

    Pfizer, Direct Buyers Duel For Quick Wins In Celebrex Suit

    Pfizer and a proposed class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic-drug competition for its Celebrex painkiller filed dueling motions for summary judgment in Virginia federal court Tuesday about whether Pfizer was wrongly reissued an invalid patent.

  • June 28, 2017

    Lessons From This Year's High Court IP Rulings: Part 2

    In the second part of our series examining the ramifications of the U.S. Supreme Court’s eight intellectual property decisions this term, Law360 highlights rulings that set new limits on where patent suits can be filed and struck down the federal government’s ban on registering disparaging terms as trademarks.

  • June 28, 2017

    Vogue Publisher Sues Over 'Legend Vogue' Jewelry

    The owner of Vogue magazine has filed a trademark infringement lawsuit seeking to block a Taiwanese company from selling a “Legend Vogue” line of jewelry in the United States, saying the company’s use of Vogue’s trademark is likely to deceive consumers as to the origin of its goods.

  • June 28, 2017

    The 10 Funniest Moments Of The Supreme Court Term

    Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.

  • June 28, 2017

    The Most Talkative Justice Of The High Court Term

    Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.

  • June 28, 2017

    The Cases That Got The Justices Talking

    The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.

  • June 27, 2017

    Sonoma Pharma Beats Sanctions Bid Alleging Forged Letter

    A California federal judge Tuesday shot down a sanctions motion by drugmaker Collidion alleging rival Sonoma Pharmaceuticals relied on a forged letter to bring its trade secret suit, saying the motion was filed too early and that other evidence suggests the allegations in the disputed document are accurate.

  • June 27, 2017

    Fed. Circ. Vacates Invalidation Of Prenatal Testing Patent

    The Federal Circuit on Tuesday vacated and sent back to the Patent Trial and Appeal Board a decision to invalidate a patent that advanced noninvasive prenatal testing for genetic conditions such as Down syndrome.

  • June 27, 2017

    New FDA Chief Sheds Agency Hesitance On Drug Prices

    The U.S. Food and Drug Administration's recently confirmed leader on Tuesday took fresh actions to jump-start approvals of lower-cost generics, making good on promises to focus the agency's mission more aggressively on drug prices.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

Expert Analysis

  • Why High Court Is Right About Offensive Trademarks

    Jennifer Ko Craft

    As an Asian-American, I have had a lot of hateful and derogatory names thrown at me throughout my life, and yet I found the U.S. Supreme Court’s decision in Matal v. Tam, rejecting the U.S. Patent and Trademark Office’s ban on registering disparaging terms as unconstitutional, gratifying in many ways, says Jennifer Ko Craft of Dickinson Wright PLLC.

  • PTAB Adjusts Deadline For Final Decisions In Rare Cases

    Daniel Parrish

    The Patent Trial and Appeal Board has a near-perfect track record of issuing a final written decision within 12 months of instituting trial in post-grant proceedings. However, in four cases — all involving joinder of third parties to the original petition — it did not meet the one-year "deadline," says Daniel Parrish of Brinks Gilson & Lione.

  • When Trade Secrets Cases Go Criminal: Part 2

    Joshua Robbins

    While the California federal judge's criminal referral in the trade secrets lawsuit between Uber and Waymo may not be typical, it provides important lessons about the criminal issues that lawyers should understand when litigating civil trade secrets cases, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • What TC Heartland Could Mean For MDL Panel Patent Cases

    Timothy Sendek

    In 2016, intellectual property cases accounted for less than 5 percent of those pending before the Judicial Panel on Multidistrict Litigation. But the U.S. Supreme Court's TC Heartland decision may spark a significant uptick, says Timothy Sendek of Lathrop Gage.

  • When Trade Secrets Cases Go Criminal: Part 1

    Joshua Robbins

    A fairly routine civil trade secrets lawsuit between Uber and Waymo recently took a more dramatic turn, with a criminal referral from the presiding judge. Grand juries, federal agents and indictments are not standard fare for the lawyers who typically handle trade secrets disputes. But they may become more familiar in the years to come, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.