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Intellectual Property

  • January 23, 2019

    Blocboy JB Hits 'Fortnite' With New Suit Over Dance Rights

    Memphis-based rapper Blocboy JB on Wednesday became the latest pop culture figure to sue Epic Games Inc. for allegedly using signature dance moves without permission in the company's widely-popular video game "Fortnite," according to a complaint filed in California federal court.

  • January 23, 2019

    IT Co. Takes Trademark Suit Coverage Fight To 4th Circ.

    Information technology company Synaptek Corp. has asked the Fourth Circuit to find that Sentinel Insurance Co. must cover its costs in a trademark infringement and unfair competition lawsuit brought by a similarly named competitor, arguing that a lower court erroneously held that the insurer's policy entirely foreclosed coverage.

  • January 23, 2019

    Qualcomm Gets Immediate Appeal Of Cellphone Buyer Cert.

    Qualcomm won another chance Wednesday to try to avoid facing a class of cellphone buyers estimated at 250 million people, thanks to a Ninth Circuit decision granting immediate appeal of class certification in the case alleging consumers paid higher prices because of the chipmaker's anti-competitive licensing practices.

  • January 23, 2019

    Fed. Circ. Slams ‘Unfair’ USPTO Patent Term Adjustment Regs

    The Federal Circuit ruled Wednesday that the U.S. Patent and Trademark Office exceeded its authority by establishing regulations limiting the amount of time added to the life of patents to account for delays during the application process, which the court said "unfairly penalize applicants."

  • January 23, 2019

    Dry Mouth Line Can Stay On Market, Without GSK TMs In Ads

    Laclede Inc. must stop using GlaxoSmithKline LLC’s trademarks when advertising its rival dry mouth treatments, but can keep its products on the market, a New York federal judge ruled Wednesday.

  • January 23, 2019

    PTAB Precedent Panel Won't Review IBM Rehearing Bid

    The panel that can set precedent for the Patent Trial and Appeal Board won’t step into a dispute between IBM Corp. and travel websites over an e-commerce patent, declining to address what IBM called the “exceptionally important” issue of follow-on petitions filed by different companies.

  • January 23, 2019

    Drilling Tech IP Suit Not Time-Barred, Texas Justices Hear

    A drilling technology company told the Texas Supreme Court Wednesday it isn’t time-barred from pursuing claims that a former vendor stole trade secrets and customers, arguing the clock shouldn’t have started to run on its suit until after the last act of the alleged conspiracy.

  • January 23, 2019

    PTAB Rejects CBM Challenge To Nasdaq Trading Patent

    The Patent Trial and Appeal Board refused to review a Nasdaq Inc. patent covering an electronic securities trading system, delivering a blow to stock exchange IEX Group Inc. as it fights patent infringement accusations in federal court.

  • January 23, 2019

    Attys' Fee Battle In Rembrandt MDL Headed For Mediation

    Rembrandt Technologies LP and a slew of cable companies it roped into patent suits stretching back more than a decade will try to mediate their dispute over the millions in attorneys’ fees racked up over the course of the litigation after an appeals court upended the companies' $51 million fee win in 2018.

  • January 23, 2019

    No Extra Trial Time Needed, Apple Says In Qualcomm IP Row

    Apple urged a California federal judge Tuesday not to give Qualcomm extra time in front of a jury to defend against allegations of overcharging for patent licensing fees, arguing that the chipmaker's initial request for additional time was rejected and no new reasons are being offered for reviving the request.

  • January 23, 2019

    HTC Loses Bid To Arbitrate Ericsson Claims In Royalties Row

    HTC Corp. can't force arbitration of counterclaims asserted by Ericsson Inc. in HTC's suit accusing the Swedish telecom of overcharging for aging standard-essential patents, a Texas federal judge has ruled, scolding the cellphone maker for the "intentionally delayed" timing of its motion.

  • January 23, 2019

    Hollywood Photog Says Pop Artist Knocked Off His Work

    Famous Hollywood photographer Douglas Kirkland filed suit Tuesday in Miami against pop artist Kfir Moyal, alleging he used a copyrighted photograph in an art piece to promote his business.

  • January 23, 2019

    Ballard Spahr Nabs Ex-Duane Morris IP Partner

    Ballard Spahr LLP announced on Wednesday that it has hired a former Duane Morris LLP intellectual property and commercial litigator with experience in the cosmetics, fragrance and flavor industries to join its Philadelphia office.

  • January 23, 2019

    Gilstrap 'Offended' By Gamesmanship Of Irell, Winston Attys

    U.S. District Judge Rodney Gilstrap has said he’s "offended" by how Irell & Manella LLP and Winston & Strawn LLP have handled the opening stages of an infringement case involving USAA electronic check patents asserted against Wells Fargo, finding the firms’ legal maneuvers demonstrate a "clear lack of respect" for his court.

  • January 23, 2019

    PTAB Says It Can Reject Substitute Claims Under Alice In IPR

    The Patent Trial and Appeal Board can reject substitute patent claims in inter partes review under the U.S. Supreme Court’s Alice decision, the board has said, declining to rethink its decision not to allow Uniloc to amend a patent on media distribution technology.

  • January 22, 2019

    Video Game Maker Used Artwork Online Without OK, Jury Told

    Slot game technology maker International Game Technology PLC used copyrighted art and graphics for several of an Illinois company’s slot games without permission when the company launched them into cyberspace for online play, a federal jury heard Tuesday.

  • January 22, 2019

    Fed. Circ. Upholds Win For Verizon In GPS Patent Suit

    A Delaware federal court did not err in how it construed a claim term in a patent for GPS-guided maps asserted against Verizon affiliates, the Federal Circuit determined on Tuesday.

  • January 22, 2019

    UBS Countersues Bloomberg In Data Misuse Row

    UBS AG fired its own breach of contract claim at Bloomberg Finance LP on Friday in a suit that accuses UBS of redistributing proprietary data without authorization, telling a New York federal court that its use of the data was above board and that by “acting arbitrarily and/or irrationally in 2018,” Bloomberg was out of line.

  • January 22, 2019

    Valeant Urges Fed. Circ. To Revive Antifungal Patent

    The Patent Trial and Appeal Board invalidated a patent covering Valeant Pharmaceuticals’ Jublia by expanding the definition of what the antifungal medication treated, the drugmaker told the Federal Circuit in a bid to revive the patent.

  • January 22, 2019

    Direct Buyers Fight GSK, Teva's Bid To Stay Lamictal Suit

    Drug wholesalers urged a New Jersey federal court Monday to nix a bid from GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. to pause an antitrust suit over the availability of generic alternatives to epilepsy drug Lamictal while the companies seek Third Circuit review of the direct buyers’ class certification.

Expert Analysis

  • Data-Informed Insights Into USPTO Re-Exam

    Braden Katterheinrich

    Ex parte re-examinations are now the U.S. Patent and Trademark Office's only post-issuance proceeding for challenging patentability that uses the "broadest reasonable interpretation" claim construction standard. This is one of several strategic advantages of re-examinations, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.

  • 3 Trends In Criminal Trade Secret Prosecution

    Jessica Nall

    While white collar filings are significantly down nationwide, the prosecutorial appetite for bringing criminal trade secret cases appears voracious, even where no foreign actor or national security concern is involved, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • International Law In 2018: Key Developments

    Viren Mascarenhas

    2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

  • Concerns About USPTO’s Proposed E-Filing Rules For TMs

    Roger LaLonde

    As the U.S. Patent and Trademark Office ​considers making electronic filing mandatory for trademark applications and all related submissions, public comments highlight potential consequences of the proposed changes, says Roger LaLonde of Eckert Seamans Cherin & Mellott LLC.

  • The US Biosimilars Patent Litigation Outlook For 2019

    Joshua Whitehill

    After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

  • Automated Vehicles In 2019: Predictions And Suggestions

    Melody Drummond Hansen

    As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.

  • A Stealth Upheaval In Patent Personal Jurisdiction?

    Alex Chachkes

    The U.S. Supreme Court's 2017 ruling on personal jurisdiction in Bristol-Myers Squibb issued a month after the court's game-changing patent venue decision in TC Heartland and has the potential to effect a similarly major shift in where patent lawsuits can be brought, say Alex Chachkes and Matthew Bush of Orrick Herrington & Sutcliffe LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From Fed. Circ. Hatch-Waxman IPR Case

    Gerald Flattmann

    The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.