Intellectual Property

  • June 18, 2021

    Texas Justices Say Copyright Violation Not A Taking

    The Texas Supreme Court on Friday said the University of Houston's unauthorized use of a photographer's image doesn't amount to a per se taking of his copyright.

  • June 18, 2021

    Brand Battles: Smartwater Takes Aim At 'Intelligent Water' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Coca-Cola's Smartwater brand is seeking to flush out a black alkaline water company's trademark application for "Intelligent Water" — plus, four other new cases you need to know.

  • June 18, 2021

    Juniper Asks Fed. Circ. To Nix Albright's Transfer Denial

    Juniper Networks Inc. wants the Federal Circuit to direct U.S. District Judge Alan Albright to transfer a patent suit brought by Correct Transmission from the Western District of Texas to California, saying the judge abused his discretion by keeping the case in Texas.

  • June 18, 2021

    Ex-King & Spalding PTAB Litigator Joins Perkins Coie

    An intellectual property trial attorney who has litigated before the Patent Trial and Appeal Board since its inception has joined Perkins Coie LLP's Washington office after a three-year stint with King & Spalding LLP, her new firm has announced.

  • June 18, 2021

    Trading Technologies Loses Ill. Patent Suit After 11 Years

    An Illinois federal judge let IBG LLC dodge decade-old patent litigation from Trading Technologies International Inc. after holding that the electronic trading patent owner gave up the right to make the doctrine of equivalents argument at the core of its suit.

  • June 18, 2021

    Law Firm Used Confidential Docs To Sue Customers, Co. Says

    A New York-based hospitality company on Wednesday accused Radix Law PLC and its clients of conspiring to use confidential documents received during litigation to pursue lawsuits against its customers, such as JetBlue.

  • June 18, 2021

    It's A 'Homecoming' To Del. For New Duane Morris IP Partner

    Duane Morris LLP has announced Monté T. Squire, a former administrative patent judge, has joined the firm's Wilmington office as a partner in the intellectual property practice group in what marks a "homecoming" to the Delaware bar for Squire.

  • June 18, 2021

    IP Hires: Covington, Lewis Roca, Baker Botts

    Covington, Lewis Roca and Chiesa Shahinian are among the latest firms to boost their intellectual property teams, while a former U.S. Department of Justice Antitrust Division chief of staff with technology experience has joined Baker Botts as partner. Here's what you need to know about these and other notable hires.

  • June 18, 2021

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

    The past week in London has seen a blockchain company sue Bryan Cave Leighton Paisner, one of the world's largest sugar producers file an insurance claim and drinks giant Pepsi lodge two intellectual property complaints. Here, Law360 looks at those and other new claims in the U.K.

  • June 17, 2021

    Tech Co. Wants Justices To Review Nintendo Patent Ruling

    Technology company iLife has asked the U.S. Supreme Court to undo a Federal Circuit ruling striking its $10 million patent verdict against Nintendo, arguing that the justices need to establish the appropriate standard for determining whether a patent claim is directed to a patent-ineligible concept.

  • June 17, 2021

    8th Circ. Declines En Banc Review Of Mattress Co. TM Spat

    The Eighth Circuit on Wednesday denied a bid from a company selling adjustable air mattresses for both a panel rehearing and a full appellate court review over a ruling that said it had potentially infringed the trademarks of a competitor.

  • June 17, 2021

    IP Forecast: Pro Wrestler Preps For Video Game Trial

    Professional wrestler Booker T is scheduled to take the stand next week before a Texas federal jury in a case alleging that video game giant Activision ripped off his military-themed persona to create a Call of Duty character. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 17, 2021

    Live Chat Co. Wins $30M In Jury Trial Over Trade Secrets Theft

    Sequoia Capital-backed customer service technology company [24]7.ai ripped off trade secrets belonging to rival LivePerson and engaged in unfair competition that helped it land contracts with heavyweights like Sears and Capital One, a California federal jury found Thursday, awarding the live chat company $30 million in damages.

  • June 17, 2021

    Delta-8 Vape Maker Sues Alleged Knockoff Distributors

    A company producing flavored vaping products using a popular, hemp-derived form of THC has launched copyright infringement suits against a trio of California smoking product distributors, accusing them of ripping off the product design for a line of cake-flavored vape pens.

  • June 17, 2021

    Top EU Court Rules ISPs Can Be Forced To Share User Info

    An alleged "copyright troll" can get Belgium internet service provider Telenet BVBA to produce identifying information on customers accused of sharing its pornographic videos through the BitTorrent file-sharing network, Europe's highest court ruled Thursday.

  • June 17, 2021

    Covington Nabs Sidley Austin IP Litigator To Boost DC Office

    Covington & Burling LLP has bolstered its patent litigation practice in Washington, D.C., adding a Sidley Austin LLP partner with more than 25 years of experience litigating intellectual property disputes on behalf of leading technology companies before the U.S. International Trade Commission and district court.

  • June 17, 2021

    Groups Fear Media Competition Bill Will Expand Copyright

    While Congress eyes a bill that would give journalism outlets limited antitrust immunity to team up to bargain with big tech platforms like Google, consumer advocacy groups are raising the alarm about language that might implicitly extend copyright protection to links and headlines.

  • June 17, 2021

    Microsoft Can't Get Fed. Circ. To Ax More Of Web Patent

    The Federal Circuit on Thursday refused to invalidate another claim of a website access patent challenged by Microsoft, finding the tech giant tried to expand the bounds of its Patent Trial and Appeal Board petition after losing.

  • June 17, 2021

    NCAA Athlete Health Often An Afterthought, Sens. Told

    The well-being of college athletes, particularly in women's sports, is frequently an afterthought for both the NCAA and their school, three female current and former NCAA athletes told federal lawmakers Thursday as they called for legislation to allow athletes not only to monetize their names, images and likenesses but also to protect their mental and physical health.

  • June 17, 2021

    Rapper's NBA Video Game Dance IP Suit Is Moved To Georgia

    The ball is in Georgia courts now that a California judge has deemed the Peach State a better forum for resolving whether the developers of video game NBA2K19 ripped off a rapper's copyrighted dance move.

  • June 17, 2021

    Chancery Tosses Most Claims In UpCounsel Sale Challenge

    Faulty pleas and claims doomed most counts in a Delaware Chancery Court suit accusing three top figures with online freelance legal services venture UpCounsel Inc. of unjust enrichment and fiduciary duty failures when licensing away its essential software and shutting down, Delaware's chancellor ruled Thursday.

  • June 17, 2021

    Sens. Advance BigLaw Picks For Fed. Circ., DOJ Criminal Div.

    A Senate panel on Thursday easily advanced the nominations of a Perkins Coie partner for the Federal Circuit and a Morgan Lewis partner to lead the Criminal Division of the U.S. Department of Justice.

  • June 17, 2021

    Ocado Loses Bid To Block Evidence In ITC Patent Fight

    British online grocery giant Ocado was dealt a loss in its legal battle with AutoStore AS last week when a London court refused to grant an injunction restricting certain information from being disclosed in a U.S. International Trade Commission investigation.

  • June 17, 2021

    Lewis Roca Adds Former Merchant & Gould Leader In Denver

    The former Denver managing partner of Merchant and Gould PC has joined Lewis Roca Rothgerber Christie LLP's intellectual property group as a partner, bringing over two decades of experience in various aspects of the industry.

  • June 17, 2021

    Pepsi Faces TM Suit From Coffee Co. Over 'Rise' Energy Drink

    A food startup called Rise Brewing that sells canned cold-brew coffee is suing PepsiCo for trademark infringement over the soda giant's recent launch of a Mountain Dew-branded energy drink called Rise.

Expert Analysis

  • Fed. Circ. Raytheon Ruling Shifts Obviousness Analysis

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    The Federal Circuit's recent decision in Raytheon v. General Electric collapses distinctions between prior art analyses for anticipation and single-reference obviousness, shedding light on enablement requirements for invalidating patent claims, says John Nilsson at Arnold & Porter.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Thorny Issues Posed By WTO Vaccine Patent Waiver

    Excerpt from Practical Guidance
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    The U.S. government's talks with World Trade Organization member states on waiving certain intellectual property rights for COVID-19 vaccines present complex questions with regard to pharmaceutical industry barriers to entry, existing mechanisms for transfer of vaccine technology and long-standing international treaty obligations, says Catriona Collins at LexisNexis.

  • How Standard-Setting Orgs Can Curb Patent Litigation

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    Standard-setting organizations should solve the burgeoning standard-essential patent litigation pandemic by emulating a successful solution from 2012 and introducing greater clarity into fair, reasonable and nondiscriminatory policies, say Michael Carrier at Rutgers Law School and Brian Scarpelli at ACT.

  • Opinion

    Transparency More Crucial Than New FRAND Royalty Methods

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    Although two recently proposed alternative valuation frameworks for fair, reasonable and nondiscriminatory royalties for standard-essential patents could be more useful than conventional approaches, reformers would do better, for now, to concentrate their efforts at improving licensing transparency, says Thomas Cotter at the University of Minnesota Law School.

  • E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets

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    As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law is not firmly established on whether these inadvertent disclosures may damage trade secret protections — a legal issue especially relevant in the video game industry, say Carolyn Martin and Robert Piper at Lutzker & Lutzker.

  • High Court Could Deter 'Copyright Trolls' In H&M Case

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    If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application — without intent to defraud — will invalidate the registration, which could disincentivize frivolous lawsuits, say Lauren Katzenellenbogen and Adam Aquino at Knobbe Martens.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • How Legal Profession Can Help LGBTQ Patent Attys Thrive

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    Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

  • What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

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    The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

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