Intellectual Property

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On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. v. Apple, Inc., and affirmed the trial court’s ruling in Apple’s favor as to Epic’s Sherman Act claim for restraint of trade relating to Apple’s distribution of apps in its App Store. (This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The legal battle involved “a multi-trillion dollar technology company” (Apple) versus “a multi-billion dollar video game company” (Epic).Continue Reading Apple Prevails on “Epic” Antitrust Claim

The Anne of Green Gables Licensing Authority is accusing a New York theater production company of trademark infringement for producing a show titled ‘Anne of Green Gables – The Musical.’ Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.Continue Reading The Briefing by the IP Law Blog: Trademark Claim Over ‘Anne of Green Gables – The Musical’ Hits Sour Note With NY Producer

In Ventex Co., Ltd. v. Columbia Sportswear North America, Inc., IPR2017-00651 (PTAB Apr. 12, 2023) (per curiam), the Patent Trial and Appeal Board (the “Board”) found that petitioner Ventex Co., Ltd.’s (“Ventex) failure to disclose the existence of an agreement with a time-barred real party in interest unnecessarily delayed the proceedings and awarded over $32,000 in sanctions to the patent owner Columbia Sportswear North America, Inc. (“Columbia”).Continue Reading PTAB Finds Petitioner’s Failure to Disclose Relationship with Real Party in Interest Warrants Substantial Monetary Sanctions