Intellectual Property

  • November 25, 2020

    Facebook, Twitter Sued Over IP Used To Quash COVID-19 Lies

    Many of the core functions of Facebook, Twitter and Snapchat, like targeted advertising, notifications and even tools used for flagging fake COVID-19 news, are infringing patents owned by a Xerox subsidiary, the company said Wednesday in three suits filed in California federal court.

  • November 25, 2020

    Zydus Insists Mitsubishi Doesn't Deserve Diabetes Patents

    Zydus Pharmaceuticals punctuated the six-day trial in its bid to bring generic diabetes drugs to market by filing a 100-page, post-trial brief doubling down on its claim that Mitsubishi Tanabe Pharma Corp. is engaging in "gamesmanship" to extend the life of one of three patents Zydus is accused of infringing.

  • November 25, 2020

    Fed. Circ. Backs PTAB Win For Twitter On Video Patent

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's invalidation of a VidStream social media patent, rejecting the patentee's argument that Twitter had not proven that the book that rendered the patent obvious was available to the public.

  • November 25, 2020

    EU Floats IP Plan, Eyes Standard-Essential Patents

    The European Union is going to take new steps to overhaul intellectual property law in an effort to "reduce frictions" and litigation over standard-essential patents in the tech sector, the bloc's top antitrust and digital technology official announced.

  • November 25, 2020

    EU Regulatory Plan Targets Big Pharma Competition, Mergers

    The European Commission on Wednesday adopted a plan to develop a regulatory framework by 2022 to increase access to cheap generic drugs by cracking down on anti-competitive behaviors by pharmaceutical companies across the European Union.

  • November 25, 2020

    Wells Fargo Loses PTAB Challenge Over Check Deposit IP

    Two United Services Automobile Association mobile check deposit patents have escaped Patent Trial and Appeal Board review unscathed after a determination that challenger Wells Fargo, which a jury said should pay $200 million for infringing one of the patents and a separate patent, didn't show the claims were obvious.

  • November 25, 2020

    US, Smith & Nephew Urge Justices To Overturn Arthrex

    The Federal Circuit misapplied clear U.S. Supreme Court precedent when finding that administrative patent judges weren't constitutionally appointed, the government and medical tech company Smith & Nephew said Wednesday in their opening salvos for the closely watched Arthrex case.

  • November 25, 2020

    USPTO Urged To Bridge Gap Between PTAB And Examiners

    An advisory committee for the U.S. Patent and Trademark Office has issued a new report calling on the Patent Trial and Appeal Board and patent examiners to share their data to ensure that each unpatentable invention is a "lesson learned" for the agency.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

  • November 25, 2020

    Apple Says Skin Tones Used In Emojis Can't Be IP

    Apple Inc. is urging a Texas federal judge to kill a copyright infringement lawsuit over its emojis with diverse skin tones, contending the company suing it can't claim rights to "naturally occurring" human characteristics like skin color.

  • November 25, 2020

    Time's Run Out On Knock-Off Clocks, TM Suit Says

    An Australian company that markets a line of educational clocks called Owlconic says it has no time for knockoffs from a New York teacher supply business that are allegedly being sold on Amazon.

  • November 25, 2020

    Embattled Energy Exec Charged In $317M N95 Mask Scheme

    A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.

  • November 24, 2020

    Attys In 5Pointz Graffiti Destruction Case Net $2M In Fees

    A New York City real estate developer that destroyed a famed graffiti space known as 5Pointz has agreed to pay attorneys at Eisenberg & Baum LLP, who are representing the artists behind the space, more than $2 million in attorney fees, according to a joint stipulation filed Tuesday.

  • November 24, 2020

    AT&T Hit With Lawsuit Over Long-Dead 'Cingular' Trademark

    After a loss at the Trademark Trial and Appeal Board earlier this year, a company that wants to revive the brand name "Cingular" is suing AT&T Inc. for "deliberately obstructing" its right to reuse the old name.

  • November 24, 2020

    Apple Tells Fed. Circ. To Undo WiLAN's $85M Patent Win

    Apple has urged the Federal Circuit to overturn an $85 million verdict against it for infringing WiLAN's patented wireless technology, saying that the licensing firm has been "stretching its patents" and otherwise "overreaching" at every stage in the case.

  • November 24, 2020

    Fed. Circ. Affirms Insulation Patent App Is Obvious

    The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board ruling that Aspen Aerogels Inc. can't get a patent on a layered reinforced aerogel product used for insulation, finding that substantial evidence supported the board's conclusion the pending claims are obvious.

  • November 24, 2020

    MC5 Guitarist Shreds Old Spice Over Alleged Likeness Ripoff

    The lead guitarist of iconic Detroit rock band MC5 hit The Procter & Gamble Co. with a California federal court suit Tuesday alleging Old Spice used an image of his signature stars and stripes Fender on its "Guitar Solo" body wash without his permission.

  • November 24, 2020

    Amazon Teams Up With Feds To Keep Fake Goods Out Of US

    Amazon and the federal government are teaming up to investigate and seize counterfeit goods at U.S. ports of entry in a public-private partnership that comes just months after Congress and the Trump administration blasted the online retailer for not being tough enough on sellers of pirated goods.

  • November 24, 2020

    Facebook, Princeton Hit With Refreshed AI Data IP Claims

    A 3D-imaging firm took another crack at copyright claims accusing Facebook and Princeton University of illegally downloading its data to use in artificial intelligence projects in a new suit filed Monday in California federal court.

  • November 24, 2020

    Dish, Altice Sued Over Infringing Network Patents

    Dish and Altice are accused of infringing patents issued in the early 2000s with smart devices that use technology to reduce antenna interference and synchronize communication systems, according to a flurry of lawsuits leveled in a Texas federal court this week.

  • November 24, 2020

    Finnegan Reimburses Attys And Staff For COVID-19 Pay Cuts

    Intellectual property law firm Finnegan Henderson Farabow Garrett & Dunner LLP is making its employees whole following pay cuts put in place at the onset of the COVID-19 pandemic, the firm confirmed Tuesday.

  • November 24, 2020

    Full Fed. Circ. Told Engine-Washing IP Can't Survive Alice

    Certified Aviation Services has asked the full Federal Circuit to rehear a split panel decision saying it infringed two EcoServices' jet engine-washing patents, arguing that the patents should have been found abstract and that if left to stand, the majority's nonprecedential decision will "sow only confusion."

  • November 24, 2020

    Energy Drink Co. Denied Defense Of '5-Hour Energy' IP Suit

    A Pennsylvania federal judge ruled Monday that energy drink company Vitamin Energy LLC cannot force Evanston Insurance Co. to cover its costs in a trademark infringement and false advertising suit brought by the makers of 5-Hour Energy drink "shots," because the suit doesn't assert any potentially covered disparagement claims.

  • November 24, 2020

    TTAB Says Golf Clubs And Apparel Aren't Related

    The Trademark Trial and Appeal Board says apparel is not a closely related product to golf clubs, meaning a "Driven Golf" trademark can coexist with a similar "Driven" mark owned by golf powerhouse Ping.

  • November 24, 2020

    OECD To Hear Public Comments On Tax Project In January

    The Organization for Economic Cooperation and Development will hold online public consultations on the most recent drafts of its proposals to overhaul the global tax system in mid-January, an OECD official said Tuesday.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • When It Comes To SEPs, Act Locally But Enforce Globally

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    Because recent standard-essential patent decisions in the U.S., the U.K., China and Germany may signal a trend toward a greater international influence on global royalty rates by individual national jurisdictions, potential licensors and licensees may need to adjust their enforcement strategies, says Mauricio Uribe at Knobbe Martens.

  • 3 Fed. Circ. IP Cases For Gov't Contractors To Watch

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    Nathaniel Castellano at Arnold & Porter discusses recent oral arguments at the Federal Circuit in three cases — Boeing v. Secretary of the Air Force, Bitmanagement Software v. U.S. and Harmonia Holdings v. U.S. — and the broad implications the decisions will have on government contractors and agencies dealing in proprietary data and software.

  • Don't Fear IP-Antitrust 'Turducken' In Reverse-Payment Cases

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    Although some judges are apprehensive of a "turducken" analysis — a patent case stuffed inside a reverse-payment antitrust action — it is procedurally viable and may be a fair way to adjudicate the antitrust liability of generic companies settling Hatch-Waxman litigation, say attorneys at Katten.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Avoiding Copyright Liability For Tattoo Depiction In Media

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    Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Remedial Measure Evidence Use In IP Cases Needs Clarity

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    A tension in federal district and circuit courts over whether Federal Rule of Evidence 407, which prohibits post-injury remediation evidence, applies in the intellectual property context creates great uncertainty that courts should resolve with a bright-line rule, say Sharad Bijanki and Patrick Muffo at Seyfarth.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Using Prior Art In Patentability Args Amid Fed. Circ. Confusion

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    While waiting for the Federal Circuit to resolve its recent inconsistent treatment of prior-art-based arguments during a Section 101 patent eligibility analysis, practitioners should draft patent specifications to show improvements over prior art and then leverage them in litigation, say Michael Kiklis and Matthew Zapadka at Bass Berry.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Creating A Better Framework For PTAB Serial Petition Denials

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    The Patent Trial and Appeal Board's analysis for denying serial petitions should be replaced with new factors that would better conform with the goals of the America Invents Act by striking a fair balance between petitioners' access to, and abuse of, PTAB review proceedings, say Brenton Babcock and Tyler Train at Womble Bond.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

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