Intellectual Property

  • December 02, 2022

    Fed. Circ. Won't Rethink Axed Stanford Kidney Test Patents

    The Federal Circuit on Friday declined to review en banc a panel's decision that three Stanford University diagnostic patents licensed to a developer of commercial tests for kidney transplant rejections are ineligible for protection.

  • December 02, 2022

    Disney Sued Over Park Trip Planner Patent

    Disney is infringing a patent for customized theme park itineraries with its Genie and Genie+ services that help visitors navigate its parks, according to a lawsuit filed Friday in Florida federal court.

  • December 02, 2022

    Lewis Brisbois Trademark Suit Moving Forward In Texas Court

    Lewis Brisbois Bisgaard & Smith LLP's trademark infringement suit against three Texans will proceed in court after a hearing Friday in which U.S. District Judge Keith P. Ellison said it was "hard to believe" that one of the attorneys filed cases using the firm's name "with a clear conscience and clear heart."

  • December 02, 2022

    2 Live Crew Wants Old Label's Music Rights Suit Nixed

    Members of hip-hop group 2 Live Crew urged a Florida federal judge to end a lawsuit filed by music label Lil' Joe Records fighting their attempt to claw back copyrights for dozens of the group's old songs, arguing that they have the right to terminate an exclusive license of copyrighted material.

  • December 02, 2022

    Brand Battles: Meta Aims To Clear Path For 'Metaview' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Facebook parent Meta Platforms Inc. is trying to cancel a trademark registration on the term "Metaview," a trademark it's also trying to secure rights for — plus three other cases you need to know.

  • December 02, 2022

    NHK Seating Says Its Tech Doesn't Infringe Lear Headrest IP

    Attorneys for NHK Seating of America told a Michigan federal jury Friday that the company is a "reasonable business" that never infringed Lear Corp.'s patent for a vehicle headrest that decreases the risk of whiplash in crashes, saying its technology used in a deal with Toyota Motor Corp. is unique.

  • December 02, 2022

    USPTO Told To Focus More On Innovation, Less On NPEs

    An advisory committee for the U.S. Patent and Trademark Office has urged the agency to shift its attention off nonpracticing entities and other patent owners "gaming" the system, saying policy changes should instead be geared toward supporting increased innovation.

  • December 02, 2022

    Spike Lee Gets 'American Skin' Copyright Suit Tossed

    A Washington, D.C., federal judge on Friday tossed a copyright lawsuit against filmmakers Spike Lee and Nate Parker claiming that Parker's 2019 movie "American Skin" ripped off a script written by a screenwriting duo.

  • December 02, 2022

    Tech Staffing Corp. Says Ex-HR VP Took Trade Secrets

    A technology staffing firm has accused its former vice president of human resources of stealing troves of its confidential information in a lawsuit filed in South Dakota federal court.

  • December 02, 2022

    Patent Biz Continues Fight Over Del. Judge's Funding Probe

    A patent owner has doubled down on its fight against a Delaware federal judge's probe into records about who's funding patent litigation against several media companies, telling the Federal Circuit it never did anything legally wrong.

  • December 02, 2022

    Guns N' Roses Wants Firearm Store's TM Slashed

    Hard rock band Guns N' Roses is suing a Houston-based firearms and gun accessory store over its alleged unauthorized use of the "Guns and Roses" trademark, saying it does not want to be associated with a weapons retailer that emphasizes potentially "polarizing" political views to consumers.

  • December 02, 2022

    Interest Rates Doom Lender, Crypto Winter Persists

    Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.

  • December 02, 2022

    Alcon Gets More J&J Unit Eye Surgery IP Axed At PTAB

    The Patent Trial and Appeal Board has invalidated claims in two more patents owned by Johnson & Johnson unit AMO Development LLC in challenges lodged by Alcon Inc., with the board finding the claims in both patents are obvious.

  • December 02, 2022

    Edible Arrangements Drops 'Incredibles' TM Dispute For Now

    Edible Arrangements has signaled its intent to drop its Illinois federal trademark dispute against a competitor marketing edible weed products under the brand name "Incredibles," saying the landscape of the cannabis industry is shifting too quickly to litigate the case.

  • December 02, 2022

    Judge Suggests Contempt Over Fla. Mover's $13.6M IOU Offer

    A federal judge has found a Florida man in civil contempt for trying to submit an IOU in response to a $13.6 million judgment against him for imitating a moving company's website, saying that wasn't sufficient to pay the debt over his trademark infringement.

  • December 02, 2022

    IP Hires: Mintz, Irell, Morrison Foerster, Perkins Coie

    A former K&L Gates LLP partner has joined Mintz Levin Cohn Ferris Glovsky and Popeo PC as the chair of the firm's sports and entertainment practice, and Irell & Manella LLP has brought on a former Kobre & Kim LLP intellectual property litigator to its Washington, D.C., office. Here are the details on these and other notable hires.

  • December 02, 2022

    Louvre Museum Says Digital Mall Simulation Rips Off TM

    The famed Louvre Museum has slapped an entertainment provider with a trademark suit in Illinois federal court over an immersive digital recreation of the Paris institution, saying it never gave permission for its image and likeness to be used.

  • December 02, 2022

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

    The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.

  • December 02, 2022

    Fox Rothschild Adds Partner To Atlanta Corporate Practice

    Fox Rothschild LLP has expanded its Atlanta corporate practice, adding an attorney who most recently worked as leader of Drew Eckl & Farnham LLP's intellectual property practice, the firm said.

  • December 02, 2022

    Pasternak's Great Niece Ordered To Pay Almost £1M

    A London judge on Friday ordered a British author to pay almost all of her opponent's £1 million ($1.22 million) in legal costs after failing in a lawsuit against a novelist she claimed had ripped off her book about her famous Russian ancestor Boris Pasternak.

  • December 01, 2022

    Del. Judge Lists Red Flags To Justify Funding Probe

    Delaware's chief judge has detailed the full story of why he's investigating whether patent monetization entity IP Edge is controlling seemingly unrelated litigation after the patent owners called on the Federal Circuit to intervene.

  • December 01, 2022

    IP Forecast: Jury To Hear Apple-Ericsson Licensing Battle

    A federal jury in Marshall, Texas, next week will hear long-simmering arguments from Apple that Ericsson isn't licensing its assortment of cellular patents considered essential to 4G and 5G standards at fair, reasonable and non-discriminatory rates.

  • December 01, 2022

    NJ Judge Backs Bausch Patents On Psoriasis Drugs

    A New Jersey federal judge has upheld four patents owned by pharmaceutical company Bausch Health in its patent suit against a generic drugmaker over psoriasis treatments Duobrii and Bryhali, finding Thursday that the asserted claims are not invalid as obvious or indefinite.

  • December 01, 2022

    Ex-IP Chiefs Urge US To Focus On Next Pandemic, Not Waiver

    Former Obama and Trump administration officials said Thursday that the U.S. should rebuff efforts to expand a World Trade Organization waiver on intellectual property rights for COVID-19 vaccines and should instead focus on leading global efforts to prepare for future pandemics.

  • December 01, 2022

    Off Beat: 4 Legal Industry Updates IP Attys Should Know

    While intellectual property attorneys were keeping an eye on their own area of law, they may have missed updates on what's permissible to send to opposing counsel's client and when to consider taking away a client's Twitter access. Here, Law360 breaks down why these and other developments not directly about intellectual property are worth your time.

Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • How 6th Circ. Flint Ruling Adds To 5th Amendment Case Law

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    The Sixth Circuit’s recent decision in Walters v. Snyder, holding that witnesses can testify at deposition but later invoke their right against self-incrimination at trial in the same case, is significant and long overdue in Fifth Amendment jurisprudence — but its practical effect is limited in parallel proceedings, say Ronald Blum and Rebecca Kimmel at Manatt.

  • How The Amgen Case May Affect Patent Owners, Prosecutors

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    Depending on how the U.S. Supreme Court rules in Amgen v. Sanofi, its decision to review the enablement requirement of Section 112 of the Patent Act could result in significant strategic adjustments by patent owners and prosecutors, say attorneys at Troutman Pepper.

  • Building Better Brand Deal Agreements For Influencers

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    Attorneys can help independent content creators and social media influencers who are offered corporate marketing partnerships negotiate better terms and avoid unexpected liability by knowing common pitfalls in brand deal agreements, says Julian Sarafian at For Creators by Creators.

  • 10 Things To Know About The Coming EU Unified Patent Court

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    When the Unified Patent Court opens next year, it will represent a paradigm shift for adversarial patent proceedings in Europe, and practitioners should familiarize themselves now with this new, centralized litigation system, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • The Fed. Circ. In November: The Presumption Of TM Validity

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    The Federal Circuit's recent decision confirming the strength of the presumption of validity of federal trademark registrations in SoClean v. Sunset Healthcare makes clear that the presumption applies with full force, even if the examiner allowed a trademark to issue in error, says Paul Stewart at Knobbe Martens.

  • Co-Authorship Takeaways From Pop Star Copyright Battles

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    This year's song copyright ownership battles involving Post Malone and Lizzo illustrate how songwriters working in informal settings without consideration of legal formalities can encounter claims of joint authorship from alleged co-writers, and the common thread in such claims is the absence of a written agreement, says Matthew Wilson at Arnall Golden.

  • Opinion

    Time For USPTO To End Marijuana Company TM Disclaimers

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    With federal legalization of marijuana on the horizon, the U.S. Patent and Trademark Office can protect consumers by ending its unnecessary requirement that companies disclaim trademark registration for their cannabis goods when they seek to establish brand protection for other products, say Sam Kamin and Viva Moffat at the University of Denver.

  • How Cos. Can Shield Sensitive Docs From NY FOIL Requests

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    As a recent New York Committee on Open Government opinion letter demonstrates, businesses that share confidential, sensitive information with a state or local agency in New York risk disclosure if the agency is served with a request under the state's Freedom of Information Law — but there are steps companies can take to protect their information, says Matthew McLaughlin at Venable.

  • Trademark Management In The Current Customs Environment

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    As U.S. Customs and Border Protection targets trademark infringement, rights holders and importers can utilize several practices to protect their IP and avoid unwanted scrutiny, and CBP registration of both trademarks and trade names is important, say Robert Kossick and Frederic Rocafort at Harris Bricken.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • 7 Key Takeaways For Litigating Willful Patent Infringement

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    Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v. Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law.

  • Cos. Should Start Thinking About IP Protection For Quantum

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    Matt Marrone at McAndrews Held discusses intellectual property and business considerations around the cutting-edge quantum computing technology that is set for explosive growth, as the rules are decided in real time.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

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