From Cheerios box trade dress to generic “googling” to a blockbuster U.S. Supreme Court decision, 2017 was another bumper year for major rulings in trademark law. Here are the 10 you need to remember.
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Analysis

The Top 10 Trademark Rulings Of 2017

From Cheerios box trade dress to generic “googling” to a blockbuster U.S. Supreme Court decision, 2017 was another bumper year for major rulings in trademark law. Here are the 10 you need to remember. Read more »

Misconduct Gets DLA Piper Attys Tossed From Dish IP Row

DLA Piper attorneys were thrown out of Dish Network LLC’s trademark suit against a DirecTV retailer Tuesday after they asked to file one too many amended complaints, as an Ohio federal judge ruled that the company’s latest attempt to rework its case was “blatant” bad faith conduct. Read more »

L'Oreal Must Face IP Atty's Suit Over Frivolous-Patent Fears

A New Jersey federal judge on Tuesday gave a former L’Oreal lawyer one more chance to serve his wrongful termination suit on the company, keeping alive his claims he was fired over his concerns the cosmetics giant was forcing him to file frivolous patent applications on the company’s behalf. Read more »

Fed. Circ. Affirms PTAB Ax Of Daiichi’s Heart Drug Patents

The Federal Circuit upheld on Tuesday a Patent Trial and Appeal Board decision that invalidated as obvious a pair of Daiichi Sankyo’s patents for use in the anti-blood clot drug Effient, which have been asserted in numerous lawsuits. Read more »

In Wine Trademark Battle, Judge Says TTAB Ruling Is Binding

Citing a recent U.S. Supreme Court ruling, a New York federal judge ruled Monday that a California vineyard was barred from relitigating a decade-old decision issued by the Trademark Trial and Appeal Board. Read more »

PATENTS

Facebook Rips Uniloc's Message-To-Call System At PTAB

Facebook Inc. and WhatsApp Inc. told the Patent Trial and Appeal Board on Tuesday that a patent for a system to initiate a conference call through an instant messaging app owned by serial patent litigator Uniloc USA Inc. failed to advance a previous invention. Read more »

Shipping Co. Battles Qualcomm's $1.8M Fees Win In Fed. Circ.

R&L Carriers argued to the Federal Circuit in an opening brief Monday that an Ohio federal court abused its discretion by awarding Qualcomm $1.8 million in attorneys’ fees in the patent infringement case R&L brought against the company after finding the case is exceptional under Octane Fitness. Read more »

Gas Leak Detection Co. Urges Court To Revive IP Suit

Leak Surveys Inc. asked a Texas federal judge Monday to vacate her decision throwing out the company's infringement suit against competitor FLIR Systems Inc. over gas-leak detection patents, arguing the ruling constituted an error of law that violated LSI's due process rights. Read more »

Pharma Cos. Settle Pa. Skelaxin Pay-For-Delay Fight

Generics maker SigmaPharm Inc. has settled a Pennsylvania state lawsuit accusing Mutual Pharmaceutical Co. Inc. of conspiring with Pfizer unit King Pharmaceuticals Inc. to suppress the release of generic forms of the muscle relaxant Skelaxin, according to an order docketed Tuesday. Read more »

Retailers Settle Claims Against Teikoku In Lidoderm MDL

A handful of retailers, including Walgreen Co., Rite Aid Corp., CVS Pharmacy Inc. and Kroger Co., told a California federal court Tuesday that they have settled claims against Japanese pharmaceutical company Teikoku and a domestic subsidiary in antitrust multidistrict litigation over the Lidoderm pain patch. Read more »

TRADE SECRETS

MoFo, Boies Attys To Answer Waymo Queries In Uber IP Suit

Attorneys from Morrison & Foerster LLP and Boies Schiller Flexner LLP will answer select written questions in Waymo’s lawsuit accusing Uber of stealing self-driving trade secrets after Uber objected to their depositions on the heels of a trial postponement over allegedly withheld evidence, according to an order filed in California federal court on Tuesday.  Read more »

RIGHTS OF PUBLICITY

Madden Games Maker Can't Toss Ex-NFLer's Suit

A California federal judge on Monday refused to dismiss Electronic Arts Inc. from a retired NFL player's putative class action alleging the game maker improperly used their likenesses in Madden video games, saying a recent Ninth Circuit decision EA based its motion on did not preempt the players’ right of publicity claims under the Copyright Act. Read more »

PEOPLE

Baker Botts Adds Ex-McDermott Litigator To IP Practice

Baker Botts LLP has expanded its intellectual property practice with the addition of a former McDermott Will & Emery LLP partner with 16 years of experience in patent litigation. Read more »

EXPERT ANALYSIS

Does The Path To The Right Venue Have To Be Narrow?

If you juxtapose the “narrow interpretation” language of the post-TC Heartland decisions with the actual contexts in which the Supreme Court uttered such dicta, it should not be a foregone conclusion that the court meant to eschew all contemporary insights when interpreting the patent venue statute, says Sue Robinson, an attorney at Farnan LLP and former Delaware federal judge. Read more »

Keeping Your Law Library Relevant In The Age Of Google

Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting. Read more »

Series

Judging A Book: Cooke Reviews 'Constance Baker Motley'

Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida. Read more »

LEGAL INDUSTRY

Analysis

Kozinski Porn Claims Put Heat On 9th Circ. Chief To Act

The head of the Ninth Circuit has a few options for answering allegations that Circuit Judge Alex Kozinski showed porn to female clerks and engaged in sexual banter about them, but ignoring the issue shouldn’t be one of them, federal court watchers said. Read more »

Analysis

The 7 Biggest Law Firm Mergers Of 2017

The major law firm mergers just kept coming in 2017, with Dentons, Norton Rose Fulbright and Womble Carlyle each bolting on hundreds of attorneys through tie-ups, and the legal industry as a whole experiencing nearly 100 combinations as of Dec. 6. Here, Law360 takes a look at the seven biggest mergers of the year. Read more »

Inside And Outside, Counsel Everywhere Need To Adapt

After weathering a volatile year, the legal profession has returned to a tentative state of normalcy, but market pressures, regulatory uncertainty and innovations in technology will alter the way firms and legal departments manage themselves, according to a report released Tuesday by Major Lindsey & Africa. Read more »

Senate OKs Trump's 8th Circ. Pick Despite ABA Rating

Senate Republicans on Tuesday confirmed Husch Blackwell LLP senior counsel L. Steven Grasz to a seat on the Eighth Circuit, brushing aside Democrats' concerns about his partisan bent and a "not qualified" rating from the American Bar Association. Read more »

Grassley Questions Advancing Trump Judge Picks

The chairman of the Senate Judiciary Committee has expressed concerns about confirming two of the Trump administration’s judicial nominees, a spokesman confirmed Tuesday, including one for the Eastern District of Texas. Read more »

UK Firm Says At Least 100 Layoffs Expected

More than 100 fee earners and legal staff at midsize U.K. law firm Simpson Millar LLP will likely soon be out of a job, after the firm revealed a redundancy consultation Tuesday following a change in management. Read more »

Series

My Supreme Court Debut: No Room For Nervousness

Although Hamer v. Neighborhood Housing Services was not the first time I had worked on a certiorari petition, it was the first time I had personally taken on a case in which my initial involvement was at the U.S. Supreme Court level, says Jonathan Herstoff of Haug Partners. Read more »

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Baker Botts

Ballard Spahr

Blank Rome

Boies Schiller

Calfee Halter

Cooley

Cowan DeBaets

DLA Piper

Dentons

Elliott Greenleaf

Farella Braun

Farnan LLP

Gibson Dunn

Hangley Aronchick

Haug Partners LLP

Haynes and Boone

Husch Blackwell

Keker Van Nest & Peters

Kelley Drye

Kenny Nachwalter

Kirkland & Ellis

Lerner David

Lindquist & Vennum

Littler Mendelson

Maclay Murray

McCarthy Lebit

McDermott Will

Morrison & Foerster

Munger Tolles

Nelson Bumgardner

Norton Rose Fulbright

Quinn Emanuel

Raynes McCarty

Saul Ewing

Simpson Millar

Skadden

Squire Patton Boggs

Sughrue Mion

Susman Godfrey

Thompson Hine

Vorys Sater

Williams & Connolly

WilmerHale

Winston & Strawn

Withers Bergman

Womble Bond Dickinson

COMPANIES

Albertsons LLC

Allergan PLC

Allstate Corporation

Altman Weil Inc.

American Bar Association

Apotex Inc.

Booking.com BV

Bristol-Myers Squibb Company

BuzzFeed Inc.

CVS Caremark Corporation

Cable News Network Inc.

Canadian National Railway Company

Costco Wholesale Corporation

Cray Inc

DISH Network Corporation

Daiichi Sankyo Co.

Deere & Company

Dr. Reddy's Laboratories Limited

Dystar Textilfarben GmbH

Electronic Arts Inc.

Eli Lilly and Company

Endo International Plc

Facebook

General Mills Inc.

Google Inc.

H.E. Butt Grocery

HBR Consulting LLC

Hotels.com

ICx Technologies, Inc.

Kia Motors

King Pharmaceuticals Inc.

Kraft Foods Inc.

Kroger Co.

L'Oreal SA

Lex Mundi Ltd

Los Angeles Times

Major Lindsey & Africa

Mylan NV

NAACP Legal Defense and Educational Fund Inc.

NFL Enterprises LLC

Nationwide Mutual Insurance Co.

New York University

Oath Inc.

Oil States International Inc.

Pfizer Inc.

QUALCOMM Incorporated

R&L Carriers Inc.

Rite Aid Corporation

Safeway Inc.

Stanley Black & Decker Inc.

Stroz Friedberg LLC

Teva Pharmaceutical Industries Limited

The DIRECTV Group, Inc.

Twentieth Century Fox Film Corp.

Uber Technologies Inc.

Walgreen Co.

Washington Post Co.

GOVERNMENT AGENCIES

Food and Drug Administration

U.S. Patent and Trademark Office

U.S. Supreme Court