Intellectual Property

  • May 28, 2020

    Atty Says Suit Over VidAngel's $62M Trial Loss Is Barred

    The bankruptcy trustee for VidAngel can't sue a former company lawyer over work he did for the streaming service years before it lost a $62 million copyright case to major Hollywood studios, the attorney told a Utah federal court.  

  • May 28, 2020

    Ex-USPTO Head, Retired Judge Back China Pharma IP Reform

    Speaking to IP attorneys at a virtual event Wednesday, the former USPTO director and a retired Federal Circuit chief judge agreed that the pandemic and ongoing US-China trade talks have created a "golden opportunity" to urge China to reform its patent laws to make them friendlier to pharmaceutical innovators.

  • May 28, 2020

    Palomar Fails To Get Past Alice In Manufacturing Patent Suit

    A Massachusetts federal judge on Thursday threw out Palomar Technologies Inc.'s lawsuit accusing rival MRSI Systems LLC of infringing its manufacturing patent, concluding there is "dramatically less to the claimed invention than meets the eye."

  • May 28, 2020

    Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

    A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers claiming the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.

  • May 28, 2020

    Apple, M. Night Shyamalan Beat Claims 'Servant' Was A Copy

    A California federal judge on Thursday dismissed a copyright lawsuit filed by a filmmaker over director M. Night Shyamalan's Apple TV+ series "Servant," saying the alleged similarities between the works "pale in comparison to the differences in the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events."

  • May 28, 2020

    Anonymous Bitcoin Investor Calls Purported Inventor A 'Liar'

    An anonymous online message calling self-styled bitcoin inventor Craig Wright a "liar and a fraud" for claiming to own 145 bitcoin accounts worth more than $64 million has been entered as evidence that Wright forged a list of his bitcoin holdings in a $10 billion ownership dispute.

  • May 28, 2020

    PTAB Axes Another Rovi Patent In IP War With Comcast

    Marking the latest development in the sprawling legal battle between Comcast and TiVo's parent company, the Patent Trial and Appeal Board has invalidated claims in a Rovi Guides Inc. patent covering an interactive TV program guide system as being both anticipated and obvious.

  • May 28, 2020

    Ex-GE Engineer Cops To Stealing Trade Secrets

    A research engineer who worked for General Electric Co. for more than eight years admitted Thursday to swiping trade secrets from his previous employer in hopes of using the information to start his own venture.

  • May 28, 2020

    MIT Expands Patent Fight Over Ford Engines

    The Massachusetts Institute of Technology has geared up for round two of its patent fight with Ford Motor Corp., lodging another lawsuit in Delaware federal court that accuses the auto giant of stealing its technology for fuel-efficient engines.

  • May 28, 2020

    Chevron Awarded More Than $15.6M In Trademark Dispute

    Chevron has gotten a Texas jury's award of $1.1 million boosted to a final judgment of more than $15.6 million against a company that infringed its trademark to dupe other companies into doing business with it.

  • May 28, 2020

    FDA Asks Full DC Circ. To Undo Eagle's Orphan Drug Win

    The U.S. Food and Drug Administration urged the full D.C. Circuit Wednesday to reconsider a panel's ruling that multiple manufacturers of a drug that treats the same rare medical condition are entitled to marketing exclusivity, arguing the decision giving Eagle Pharmaceuticals exclusivity over its blood cancer drug Bendeka is erroneous.

  • May 28, 2020

    Tesla Gets OK To Dig Through Self-Driving Car Startup's IP

    A California federal judge said a Chinese self-driving car startup must allow a neutral third party to examine its source code and logs in response to Tesla's request for information in a trade secrets suit against a former engineer accused of downloading Tesla's prized Autopilot source code before joining the startup.

  • May 28, 2020

    Liebowitz Sanctioned So Often Judge Says He's Lost Track

    A Colorado federal judge who declared Richard Liebowitz a "clear and present danger" to the justice system said Wednesday that the prolific copyright lawyer is being sanctioned so frequently that "it is hard to keep up."

  • May 27, 2020

    WilmerHale, Toyota Agency Posted Sealed Info, Loses Gag Bid

    A Manhattan federal judge on Wednesday criticized a legal staffing agency's lack of evidence against a former employee it accused of leaking sensitive information, rejecting a bid to gag the attorney and noting the agency itself had posted sealed documents on the public docket.

  • May 27, 2020

    For The 3rd Time, USPTO Extends Deadlines Due To Virus

    The U.S. Patent and Trademark Office for the third time Wednesday has extended certain patent and trademark filing deadlines with the aim of accommodating those affected by the COVID-19 pandemic.

  • May 27, 2020

    Request To Extradite Huawei Exec Clears Key Benchmark

    A Canadian court on Wednesday removed a key barrier for the potential extradition to the U.S. of Huawei top executive Meng Wanzhou to face charges in New York stemming from a purported scheme to deceive banks about Huawei's operations in Iran.

  • May 27, 2020

    Full Fed. Circ. Denies Facebook's Bid To Rethink Arthrex

    Facebook was dealt a loss in a patent dispute against Uniloc when the Federal Circuit on Wednesday shot down the social networking giant's bid to rethink its ruling that the structure of the Patent Trial and Appeal Board is unconstitutional.

  • May 27, 2020

    9th Circ. Says Jim Beam Rival Can't Revive Lipstick Logo Suit

    The Ninth Circuit ruled Wednesday that Johnny Love Vodka can't revive its lawsuit alleging lipstick logos on Jim Beam flavored vodkas infringe its trademark, saying the lower court judge hadn't made an obvious mistake when she nixed Johnny Love's case.

  • May 27, 2020

    Activists Say Gov't Should Have Rights To Remdesivir Patents

    Activists working to expand access to COVID-19 medications are making the case that the federal government is the rightful co-owner of patents covering Gilead Science Inc.'s antiviral drug remdesivir, and that the feds should harness that ownership to make the medication accessible and affordable.

  • May 27, 2020

    Plantronics Can't Duck Cisco's Trade Secret Suit

    A California federal judge refused a request by electronics company Plantronics and one of its executive vice presidents to dismiss Cisco's trade secret suit, but did dismiss claims against two other ex-Cisco employees and sent claims against a third to arbitration.

  • May 27, 2020

    Fed. Circ. Clears Cisco, Alcatel In Fiber Optic IP Case

    Backing a win for Cisco Systems Inc. and Alcatel-Lucent USA Inc., the Federal Circuit said in an unpublished opinion that a district court rightfully determined the terms of a settlement agreement in a related matter released them from liability for alleged infringement.

  • May 27, 2020

    Netflix, Amazon, Apple Beat IP Suit Over Kids' Song In Film

    A New York federal judge held Wednesday that the inclusion of a children's song in a documentary about burlesque performers was fair use while tossing a suit brought by the songwriters against Amazon, Netflix and Apple.

  • May 27, 2020

    Ark. Harvest Health Affiliate Must Drop Name Amid TM Row

    An Arkansas medical marijuana dispensary has won a preliminary injunction in state court blocking a Harvest Health and Recreation affiliate from using "Harvest" in its name, one of the first cases to test enforcement of trademarks in an industry where federal courts offer little relief.

  • May 27, 2020

    Rimini Blasts Oracle's 'Astounding' Bid For Sanctions

    Rimini Street Inc. is firing back at Oracle's "astounding display of incivility" in a software copyright dispute, telling a Nevada federal judge the tech giant is the one going against court orders that it requested itself.

  • May 27, 2020

    Private Prison Co. Sues Netflix For Using Logo In 'Messiah'

    Private prison operator GEO Group Inc. accused Netflix of trademark infringement and defamation for using its logo in the fictional TV series "Messiah," which portrays immigrants detained in overcrowded cages, according to a lawsuit filed Wednesday in Florida federal court.

Expert Analysis

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • Tips For Spoliation Claims In Trade Secret Cases

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    As businesses move toward the complete digitization of information, spoliation issues are increasingly arising in the context of trade secret litigation, and a recent California federal court's decision in WeRide v. Huang is a great example of how plaintiffs can use spoliation offensively to obtain a win, say attorneys at Arent Fox.

  • New Trend In IPR Institution Appealability Demands Scrutiny

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    While a recent trend of federal courts holding that U.S. Patent and Trademark Office decisions instituting inter partes reviews are not appealable requires close following, there are two remedies practitioners can seek apart from appeal, say Brett Cooper and Kevin Schubert at McKool Smith.

  • Navigating TM Profits Remedy After High Court Decision

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    The U.S. Supreme Court's recent Romag v. Fossil decision didn't articulate a specific test to determine whether a trademark profits award is appropriate, which will likely have ripple effects on the varying circuit court standards, and litigators will need to keep several considerations in mind, say attorneys at Gibson Dunn.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • Accelerating Regulatory Reform For Replica Vehicles

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    Specialty Equipment Market Association v. National Highway Traffic Safety Administration may have sped up the agency's delayed rulemaking on replica vehicles, but companies should stay involved by submitting comments before regulations are finalized, say Anne Marie Ellis and Taylor Brown at Buchalter.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Keys To Success Through Secondary Considerations At PTAB

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    Three cases show that the Patent Trial and Appeal Board is perhaps now more willing to find secondary consideration arguments persuasive in inter partes reviews and appeals from examination and reexamination, say Michael Kiklis and Matthew Zapadka at Bass Berry.

  • Opinion

    Google's Fair Use Defense At High Court Is Disingenuous

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    Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.

  • Tips For Accelerating Patent Prosecution In China

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    In light of recent Chinese patent statistics showing at least eight to 10 months to first office action and an average of 22.7 months to final disposition from the date of filing, there are several strategies applicants may explore to speed through examination, say Aaron Wininger at Schwegman Lundberg and Lei Tan at Pujing Chemical.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Increasing Fed. Circ. IPR Appeals Are Shaping Patent Law

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    Exponentially increasing appeals of inter partes reviews from the U.S. Patent and Trademark Office, alongside declining appeals from district courts, is significantly shaping patent law from the level of deference applied by the Federal Circuit to burdens of proof and claim construction standards, say Debbie McComas and Eugene Goryunov at Haynes and Boone.

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