Intellectual Property

  • December 09, 2022

    Intel Wants VLSI's $4B IP Suit Axed For Failure To ID Owners

    Intel Corp. asked Delaware Chief U.S. District Judge Colm Connolly to dismiss VLSI Technology LLC's patent infringement suit against the chipmaker for failing to disclose its true owners, according to a brief unsealed Friday ahead of a Dec. 14 hearing on the issue of the licensing company's ownership.

  • December 09, 2022

    Bristol-Myers, Cruise Attys Among New USPTO Advisors

    The U.S. Patent and Trademark Office on Friday announced the new members of its patent and trademark advisory committees, including attorneys from Bristol-Myers Squibb Co. and autonomous vehicle company Cruise.

  • December 09, 2022

    3rd Circ. Affirms Takeda's Nix Of Prevacid Antitrust Claims

    The Third Circuit affirmed a lower court decision nixing allegations from Zydus Pharmaceuticals Inc. that Takeda Pharmaceutical Co. used sham patent litigation to delay generic competition for its heartburn medication Prevacid, ruling Friday that the litigation was not objectively baseless.

  • December 09, 2022

    Medical Device Co. Blames Judge For Sinking Patent Case

    A Canadian respiratory medical device company says it lost a patent trial last month in part because a North Carolina federal judge called the testimony of its witnesses "painful" and then asked jurors, "Do you want to hear any more of this?"

  • December 09, 2022

    Harvey Weinstein Jury Deliberates For 1 Week Without Verdict

    A Los Angeles jury considering rape and sexual assault allegations against Harvey Weinstein wrapped up nearly a week of deliberations Friday without reaching a verdict, but also without asking any questions of the court or reporting being deadlocked on any of the seven charges. 

  • December 09, 2022

    9th Circ. Skeptical Of $1.7M Atty Fees For $53K Napster Deal

    A Ninth Circuit panel on Friday appeared open to undoing a California federal judge's award of $1.7 million in fees to plaintiffs' attorneys in a royalties class action against Napster that yielded songwriters just $53,000, with one judge calling the fee award "wildly disproportionate" to the outcome.

  • December 09, 2022

    Huawei Inks 5G Licensing Deal With Oppo

    Huawei said Friday that it reached a global cross-licensing deal with smartphone maker Oppo, one of its major rivals in China.

  • December 09, 2022

    ITC Delays Final Ruling On Apple Watch Import Ban

    The U.S. International Trade Commission said Friday that it voted to put off a Dec. 12 deadline for a final determination on whether to hit Apple with an import ban of Apple Watches for infringing two AliveCor patents, while the health tech company slammed Apple for its recent effort to delay the final decision.

  • December 09, 2022

    Life Sciences Co. Says Ex-Worker, Rival Swiped Trade Secrets

    Life sciences company Azenta slapped its competitor and a former account manager with a trade secrets suit in California federal court on Friday, arguing that they conspired to poach confidential information like product road maps and customer contracts.

  • December 09, 2022

    Brand Battles: Prudential Takes Aim At WWE's 'The Rock' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Prudential is trying to cancel World Wrestling Entertainment's trademark rights for "The Rock," saying that WWE has abandoned the mark since the wrestler-turned-actor retired from the industry years ago — plus two other cases you need to know.

  • December 09, 2022

    Art Editor Asks Justices To Resolve Circuit Split On Fair Use

    An art editor has urged the U.S. Supreme Court to take up his dispute with a copyright holder over a French court's €2 million infringement judgment regarding photos of Pablo Picasso's work, arguing that the Ninth Circuit parted ways with its sister circuits when it determined that his use of the photos didn't count as fair use.

  • December 09, 2022

    Baltimore Ravens Can't Register 'Charm City' As TM

    The Baltimore Ravens have lost a bid to register the term "Charm City" as a trademark for use on things like posters, clothing and flags relating to the franchise, despite the football team's argument that it was a common nickname for the team's home city.

  • December 09, 2022

    J&J Unit Hit With $12M Verdict In Spinal Implant IP Suit

    A Delaware federal jury on Friday found that Johnson & Johnson unit DePuy Synthes Sales Inc. infringed a spinal fusion surgery patent under the doctrine of equivalents and owed $12 million to RSB Spine LLC.

  • December 09, 2022

    Apple And Ericsson Cut Deal To End EDTX, ITC Fights

    An Eastern District of Texas jury won't decide whether Ericsson's licensing of cellular patents considered essential to 4G and 5G standards are being sold to Apple at fair, reasonable and nondiscriminatory rates, as both companies said Friday they had reached a deal to end multiple suits and simultaneous investigations at the U.S. International Trade Commission.

  • December 09, 2022

    Albright Sends Voice Tech Patent Suit Against Apple To Calif.

    U.S. District Judge Alan Albright has agreed to transfer a voice technology patent suit against Apple to California shortly after shipping out related infringement claims against Microsoft, finding that custodians of relevant electronic documents are located in the Golden State.

  • December 09, 2022

    PTAB Wipes Out Sex-Selection Patent In Pig Breeding IP Row

    The Patent Trial and Appeal Board has invalidated all five claims in an Inguran LLC patent on sex-selection technology for swine breeding, handing a win to challenger Genus PLC, which successfully argued the claims are obvious.

  • December 09, 2022

    Fla. Flight App Co. Tells 11th Circ. Developer Kept Its Software

    A Florida flight app company on Friday told the Eleventh Circuit that its computer fraud lawsuit against a California developer over withholding access to its software should be reinstated, arguing that a "continuous and uninterrupted seven-year business relationship" was sufficient to establish jurisdiction in the Sunshine State.

  • December 09, 2022

    Auto Part Cos. Settle Headrest Patent Case Midtrial

    Days into a jury trial over car headrest patents, Lear Corp. and NHK Seating told a Michigan federal judge on Thursday that the companies had reached a settlement in the infringement case.

  • December 09, 2022

    Baker McKenzie Names First Female National MP In Australia

    Baker McKenzie has appointed an attorney with nearly three decades of experience with the firm as its first female national managing partner in Sydney, Australia, the firm announced in a statement Friday.

  • December 09, 2022

    IP Hires: Debevoise, DLA Piper, Brown Rudnick

    Debevoise & Plimpton LLP has bolstered its intellectual property litigation team with the addition of a Kirkland & Ellis LLP partner, and a former Polsinelli PC litigator who has experience representing college and university athletic programs has joined DLA Piper LLP. Here are the details on these and other notable hires.

  • December 09, 2022

    Insurer Drops Trade Secrets Coverage Fight With Software Co.

    A Nationwide unit dropped its suit seeking to avoid covering a software company accused of unlawfully obtaining another company's trade secrets, according to a filing in Tennessee federal court.

  • December 09, 2022

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

    The past week in London has seen the Danish tax authority bring its $2.1 billion lawsuit over pension plans against commodities trader ED&F Man to the U.K., a Nigerian record label sue Warner Music for breach of contract, and DAC Beachcroft face fresh litigation from a hotel investor. Here, Law360 looks at these and other new claims in the U.K.

  • December 08, 2022

    Ford Wants $105M Contract, Trade Secrets Verdict Reduced

    Ford Motor Co. urged a Michigan federal judge on Thursday to reduce a $104.65 million damages award that a jury levied after finding that the automaker breached a contract with Versata Software Inc. and misappropriated its trade secrets, arguing that the damages are "duplicative."

  • December 08, 2022

    Apple Files Emergency ITC Motion To Block Smartwatch Ban

    Apple filed an emergency motion with the International Trade Commission on Wednesday seeking a stay or suspension of an upcoming decision to possibly ban imports of the Apple Watch, citing rulings this week by a Patent Trial and Appeal Board panel that invalidated patents Apple is accused of infringing.

  • December 08, 2022

    NBA Star Luka Doncic Drops Bid To Erase Mom's TM

    Dallas Mavericks star Luka Doncic has ended the fight with his mother over her rights to a trademark bearing his name, according to a Thursday filing by the Trademark Trial and Appeal Board.

Expert Analysis

  • Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid

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    A prevailing party may have a 2-3 chance of getting paid under the Section 285 fee-shifting statute for patents, making reform efforts to ensure receipt of payment worth considering, say Adam Shartzer and Josh Carrigan at Fish & Richardson.

  • Navigating Tough Copyright Issues In International Trade

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    As copyright protection and enforcement stand out as a priority for U.S. Customs and Border Protection, rights holders and importers can take several steps including both digital and physical oversight to protect their intellectual property rights and avoid unwanted scrutiny, says Robert Kossick at Harris Bricken.

  • Pros And Cons Of NY's New Student-Athlete NIL Law

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    The New York Collegiate Athletic Participation Compensation Act, recently signed into law, authorizes student-athletes to receive compensation for using their name, image and likeness for endorsements without forfeiting their eligibility to compete, but there are significant concerns that NIL laws do not sufficiently regulate the industry, says Kevin Fritz at Meister Seelig.

  • Teva Case Aims Europe's Pharma Crackdown At IP Loophole

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    The European Commission's recent allegations against Teva signal not only the EU competition watchdog's continued focus on intellectual property violations in the pharmaceutical sector but also its new enforcement interest in exclusionary disparagement, say Robert Bell and Malgorzata Janiec at Armstrong Teasdale.

  • How Patent Practice May Benefit From A Key Economic Idea

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    As U.S. Patent and Trademark Office Director Kathi Vidal explores revisions to U.S. patent practices, she might want to consider how to apply Nobel Prize-winning research that shows humans do not behave in the way traditional economists assumed, says Joshua Glucoft at Kirkland.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • 3 Pricing Trends In Law Firm Use Of Litigation Funding

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    As BigLaw firms increasingly include litigation funding as a financing option for clients, internal pricing groups are taking the lead on standardizing and centralizing firm processes, and aggregating risk budgets, says Brendan Dyer at Woodsford Group.

  • 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.

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