Intellectual Property

  • March 23, 2018

    Hacky Sack Champ Asks 7th Circ. To Rehear Publicity Suit

    The holder of a Guinness record for number of footbag kicks in a row — colloquially known as hacky sack — told the Seventh Circuit on Friday that he has a legitimate claim that he was harmed when Wendy’s International Inc. ran a meal promotion encouraging customers to beat his Guinness World Records Ltd. footbag records.

  • March 23, 2018

    BlackBerry, LG, Others Get Data Patent Axed Under Alice

    A Delaware federal judge on Thursday invalidated a data transmission patent that Dutch phone company KPN asserted against BlackBerry, LG, Lenovo, TCL and others in 11 lawsuits, finding it invalid under the high court's 2014 Alice ruling for claiming the abstract idea of reordering data and generating additional data.

  • March 23, 2018

    Writer Fights Fox's Bid To Have 'Gone Girl' IP Suit Tossed

    A writer accusing the author of best-selling thriller “Gone Girl” of stealing her unproduced screenplay idea hit back at Twentieth Century Fox on Thursday, arguing she had, in fact, reasonably pleaded her case that author Gillian Flynn and Twentieth Century Fox had used her ideas for the book and the film of the same name. 

  • March 23, 2018

    Facebook Scores Win In Suit Over Location Sharing Patents

    A California federal court Friday granted Facebook a win in a suit by Silver State Intellectual Technologies Inc. alleging that the social media behemoth infringed on its patents for the sharing of mobile location-based information, finding that the asserted claims are directed to an abstract idea.

  • March 23, 2018

    Ensnarement Defense Violates Jury Trial Right, Justices Told

    Allowing parties accused of patent infringement to assert an ensnarement defense violates the patent holder’s constitutional right to a jury trial, a cardiologist whose $200 million jury verdict against Boston Scientific Corp. was wiped in an ensnarement mini-trial has told the U.S. Supreme Court.

  • March 23, 2018

    GoPro’s Claim Rival Forged Docs In IP Row Stumps Judge

    A California federal judge overseeing GoPro’s trademark and copyright infringement suit against camera rig company 360Heros expressed concern Friday about ruling on a GoPro sanctions motion alleging 360Heros doctored evidence, saying, “It’s a serious motion, and I don’t know what to do with it.”

  • March 23, 2018

    New FDA Policy Takes Aim At Big Compounders

    The U.S. Food and Drug Administration on Friday moved to limit the operations of large drug compounders, laying out policies that could dramatically curb their ability to sell cheaper versions of FDA-approved products.

  • March 23, 2018

    Fed. Circ. Revives Wireless Patent In Apple PTAB Dispute

    The Federal Circuit on Friday reversed a Patent Trial and Appeal Board decision invalidating a wireless communication patent that Apple Inc. was accused of infringing, ruling that “ordinary creativity” was not a good enough reason to find the patent obvious.

  • March 23, 2018

    Is The US Patent System In Trouble? Part 1

    Startups say “yes,” because weakening patent protection drives innovation overseas. Editor’s note: This is the first article in a two-part series. The second, focusing on defenders of the system, will appear tomorrow.

  • March 23, 2018

    Brand Battles: Empire State Building, GM, Aaron Judge

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owners of the Empire State Building get mad about a skyline logo, General Motors takes on a ride-hailing service called Bolt, and the Major League Baseball players' union goes to bat for New York Yankees slugger Aaron Judge.

  • March 23, 2018

    Bayh-Dole Could Be A Drug Pricing Fix, If The Feds Want It

    As the debate over rising drug prices continues to rage, one advocacy organization is pushing the federal government to take advantage of a tool already in its belt: the Bayh-Dole Act, which allows the feds to take ownership of patents it helped fund or force companies to provide licenses for those patents. Law360 talked to experts about just how effective this path could be.

  • March 23, 2018

    Treatment Center Says Service Terms Void In $30M IP Suit

    A Florida drug treatment center facing a $30 million lawsuit for allegedly ripping off electronic medical records provider Kipu Systems' product urged a federal judge Thursday to find Kipu's 2014 terms of service inapplicable and unenforceable, which it said would greatly narrow the case.

  • March 23, 2018

    Alvogen Beats Infringement Suit Over Suboxone Generic

    A Delaware federal judge on Thursday found Alvogen Pine Brook Inc. didn’t infringe two patents tied to the opioid addiction treatment Suboxone, shooting down a challenge by Indivior Inc. and Aquestive Therapeutics that culminated in a September bench trial.

  • March 23, 2018

    Feds Charge 9 In $3.4B Cyber Heist Of Universities' IP

    The U.S. on Friday indicted nine Iranian nationals accused of leading a global, state-backed hacking campaign against federal agencies, hundreds of universities and dozens of private companies that looted about $3.4 billion worth of U.S. academic data and intellectual property.

  • March 23, 2018

    Amazon Hit With Infringement Suit Over Fire TV Remote

    Amazon was hit on Thursday with an infringement suit in Texas federal court from patent litigator Uniloc alleging its Amazon Fire TV devices infringe a patent related to remote computer displays.

  • March 23, 2018

    Dechert Nabs Hughes Hubbard Entertainment Litigator

    Dechert LLP has hired a complex commercial litigator from Hughes Hubbard & Reed LLP, where he served as co-chair of the firm’s class action practice group, and who has represented major media clients like Jay-Z and Outkast in high-profile intellectual property disputes, Dechert said Friday.

  • March 23, 2018

    Law360's Intellectual Property Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2018 Intellectual Property editorial advisory board.

  • March 23, 2018

    General Mills, Kellogg's Sued Over Packaging Patent

    Principle Packaging LLC filed lawsuits Friday in Delaware federal court against General Mills Inc. and Kellogg Co. for alleged infringement of a patent for a way to seal a food cup, saying the two companies' respective single-serving cereal cups use the described invention.

  • March 23, 2018

    IP Hires: King & Spalding, Hogan Lovells, Michael Best

    This week in intellectual property attorneys on the move, King & Spalding LLP snagged the former co-chair of Sterne Kessler’s Patent Trial and Appeal Board practice, while Hogan Lovells landed a trademark veteran from Finnegan Henderson, and Michael Best & Friedrich LLP boosted the intellectual property group in its Denver office with the addition of four former Lathrop Gage attorneys. Here are the details on these and other hires.

  • March 23, 2018

    US Puts Chinese Patent Rules In WTO Crosshairs

    As part of its sprawling crusade against China’s intellectual property regime, the Trump administration lodged a World Trade Organization case on Friday targeting Beijing’s patent licensing rules, which the U.S. believes discriminates against foreign technology companies.

Expert Analysis

  • 2 Things Missing From Debates On US-China Fights

    Scott Kieff

    Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For those structured as corporations, the decrease in the maximum corporate tax rate and the repeal of the corporate alternative minimum tax offer good news. But since many law firms are organized as pass-through entities, several limitations on deductions mean they won’t see as much benefit from the new tax law as some other industries, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Alice Angst Intensifies

    Robert Stoll

    With three decisions last month, the ethereal world of patent subject matter eligibility is getting even murkier. As jurists and practitioners try to work through the confusion created by the U.S. Supreme Court's untenable Alice test, the U.S. patent community is suffering, says ​​​​​​​Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner for patents.

  • Texas High Court Ruling On Patent Agents May Be Influential

    Perry Napolitano

    The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.

  • Persistence Pays Off For Adidas In EU Trademark Dispute

    Simon Aytron

    This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • A Shield And A Sword: 325(d) Arguments At The PTAB

    Kelly Eberspecher

    In inter partes review, the application of Section 325(d) — analysis of whether a given reference was previously presented to, and considered by, the U.S. Patent and Trademark Office during prosecution — gives rise to strategic considerations for both petitioners and patent owners, say Kelly Eberspecher and Katherine Cappaert of Steptoe & Johnson LLP.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.