Intellectual Property

  • May 27, 2016

    Google-Backed Startup Says Execs Stole Secrets For New Biz

    A virtual reality startup that has received backing from Google, Qualcomm and Warner Bros. has sued two of its former top executives in California federal court, saying the pair stole trade secrets and plotted to start a rival company.

  • May 27, 2016

    Neovasc Ducks Mass. Law Claim In Medical Device IP Suit

    A Canadian biotech firm recently hit with a $70 million verdict in a patent and trade secrets lawsuit won a reprieve on one of the suit’s two pending claims Friday, when a federal judge ruled it wasn’t liable for unfair business practices under Massachusetts law because most of the harm occurred in Canada.

  • May 27, 2016

    PTAB Axes More Smartflash Patent Claims From Apple Case

    The Patent Trial and Appeal Board held Thursday that two more of Smartflash LLC’s media storage patents, which a jury found Apple Inc. infringed, contain claims that are invalid under the U.S. Supreme Court’s Alice ruling.

  • May 27, 2016

    Enfish Can't Save Visual Memory's IP Suit Against Nvidia

    A Delaware federal judge on Friday tossed Visual Memory LLC’s patent infringement suit against graphics chip maker Nvidia Corp., ruling that the Federal Circuit’s recent Enfish ruling doesn’t save Visual Memory’s patents from being invalid under the high court’s Alice decision.

  • May 27, 2016

    Beastie Boys Fight For Their Right To Atty Fees In IP Row

    Attorneys for rap group the Beastie Boys argued in New York federal court on Thursday that a small record label is on the hook for $845,000 in attorneys’ fees, saying that the label is responsible for its “baseless” claims that the group violated copyright laws with samples from a funk group’s songs.

  • May 27, 2016

    Fed. Circ. Again Snubs Inventor Who Filed Too-Long Brief

    An inventor whose too-long brief cost her an appeal in a patent suit against JPMorgan Chase & Co. struck out again at the Federal Circuit when the court ruled Friday she had jumped the gun in taking a reexamination appeal there instead of the Patent Trial and Appeal Board.

  • May 27, 2016

    Chinese Phone Co. Can’t Cite Ericsson Arbitration Loss

    A California federal judge refused Thursday to find that Ericsson Inc. charged a Chinese mobile phone developer an excessive rate for standard-essential patents for wireless technology, saying it would be unfair to apply an arbitration decision issued in a licensing dispute between Ericsson and another company.

  • May 27, 2016

    Insurers Must Cover Pesticide Co.'s TM Deal, 9th Circ. Told

    A pesticide company urged the Ninth Circuit Thursday to reverse an Oregon federal court's decision that Crum & Forster and two other insurers don't have to cover its settlement of litigation accusing it of misusing a business partner's trademark, asserting that the underlying suit claims an advertising injury falling within the insurers' policies.

  • May 27, 2016

    Fed. Circ. Rules Shell’s Benzene Too Pure To Infringe Patent

    The Federal Circuit on Friday affirmed that Shell Oil Co. did not infringe an engineer's patent on a process for producing benzene because the company's benzene is purer than what can be produced by the patented method.

  • May 27, 2016

    PTAB Says Enfish Ruling Saves Doc Patent In Apple Case

    The Patent Trial and Appeal Board ruled Thursday that the Federal Circuit’s recent Enfish decision means that a Mirror Worlds document management patent asserted against Apple is not a patent-ineligible abstract idea, ahead of a July trial in the Eastern District of Texas.

  • May 27, 2016

    Akin Gump Closing Austin Office As IP Partners Depart

    Akin Gump Strauss Hauer & Feld LLP will soon be shuttering its small, intellectual property-focused Austin, Texas, office, as two of its leading partners there have announced they will be leaving the firm.

  • May 27, 2016

    Parts Suppliers Reach Deal Over Windshield Wiper IP

    Auto parts suppliers Valeo North America Inc. and Trico Products Corp. have settled all intellectual property litigation pending between the companies over windshield wiper technology in the U.S., Valeo recently announced.

  • May 27, 2016

    Even After Google's Oracle Victory, Long Fight Still Ahead

    With a Thursday jury verdict that Google’s use of Oracle’s copyrighted Java software code was protected by the fair use doctrine, the tech giant and its supporters won a huge battle, but the war is far from over.

  • May 27, 2016

    Lipitor Retailers Push 3rd Circ. To Revive Pay-For-Delay Claims

    Walgreen, Rite Aid and other retailers urged the Third Circuit Friday to revive claims that Pfizer paid Ranbaxy to postpone releasing a generic of the cholesterol drug Lipitor and said Pfizer’s argument that the case should go to the Federal Circuit if the district court’s dismissal is overturned is incorrect.

  • May 27, 2016

    Insurer Says It Owes Nothing Toward Dish Copyright Suits

    Ace American Insurance Co. says it owes no repayment to Dish Network for any money the satcaster spent hashing out numerous copyright battles with television broadcasters over its ad-skipping, place-shifting Hopper DVR, according to a complaint filed in Colorado federal court on Thursday.

  • May 27, 2016

    Google Wins Patent Trial Over Earth Mapping Tech

    A Delaware jury determined Friday that the technology used by Google Earth to display refined images of the planet does not infringe the patent of a German tech company and found the patent to be invalid over prior art.

  • May 27, 2016

    Medical Device Co. Says IP Suit Triggers Defamation Policy

    Hernia mesh manufacturer Tela Bio Inc. told a New Jersey federal judge on Thursday that its insurance company is required to cover its defense costs in a trade secret infringement suit, saying allegations rise to the level of defamation covered under its policy.

  • May 27, 2016

    Google Earth Infringement Allegations Go To Jury

    A jury of seven men and one woman began deliberating Friday in the trial over the technology used by Google Earth to render high-resolution images of the earth, which a German tech company said infringes its patent.

  • May 27, 2016

    Whitney Houston's Estate Battles IRS Over $11M Tax Bill

    Singer Whitney Houston's estate pushed back on an $11 million Internal Revenue Service tax bill in a tax court filing, maintaining that the agency overvalued record royalties, publicity rights and other intellectual property by more than $22 million.

  • May 27, 2016

    Icon Of IP: Knobbe Martens' Joseph Re

    As a high school student in the 1970s, Joseph Re would hear his father, a federal New York judge, discuss the patent cases he occasionally heard, which spawned his interest in the intellectual property field where he is now a nationally recognized attorney known for handling high-stakes patent cases.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • Driven By Abstraction: Flaws In USPTO, Court 101 Analyses

    Mac Waldbaum

    The Federal Circuit's recent comments in Enfish v. Microsoft are not helpful to understanding the meaning of an "abstract idea.” The U.S. Patent and Trademark Office and the courts are dismantling some of our country’s most important advances and innovations by manipulating basic definitions of rights given inventors under Section 101, says Mac Waldbaum of Eaton & Van Winkle LLP.

  • Particularity And Preemption Trends In Trade Secret Cases

    Cass W. Christenson

    In trade secrets cases, hotly contested issues often arise concerning whether the plaintiff has alleged its trade secrets claim with sufficient specificity, and whether any related claims are preempted under an applicable state Uniform Trade Secrets Act. These disputes can profoundly impact case strategy, says Cass Christenson of Dentons US LLP.

  • Making The Most Of Limited Discovery Before The PTAB

    Deborah E. Fishman

    Understanding how to use the Patent Trial and Appeal Board's limited discovery process to your advantage is crucial. Learning from successes and failures to date will help you best position your request for, or opposition to, discovery before the PTAB, say Deborah Fishman and Paul Margulies of Kaye Scholer LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • Commil V. Cisco — 1 Year Later

    Elizabeth Banzhoff

    On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil v. Cisco, effectively killing the practice of obtaining invalidity opinion letters in the context of induced infringement claims. Over the last year, federal courts and litigants have done little to challenge the ruling or test its boundaries, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.

  • Defend Trade Secrets Act: How To Inform Employees

    Jeff Barnes

    The Defend Trade Secrets Act offers many benefits to businesses, including federal question jurisdiction for trade secrets and the ability to recover compensatory damages, punitive damages and attorneys’ fees. However, to obtain the full array of remedies available under the statute, employers must comply with a specific notice requirement, says Jeff Barnes, a partner at Fisher & Phillips LLP.

  • Litigating Trade Secret Misappropriation At The ITC

    Warren S. Heit

    The U.S. International Trade Commission is fast becoming one of the preferred venues to hear trade secret misappropriation actions and is all the more relevant in light of the Defend Trade Secrets Act, say Warren Heit and James Gagen of White & Case LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Administrative Law Is Influencing Fed. Circ. IPR Cases

    Robert P. Parker

    A review of Federal Circuit decisions in inter partes review cases shows that the court is reviewing IPR decisions using the standard tools of administrative law. The Federal Circuit has a large body of administrative law precedent, but it is concentrated in nonpatent cases. Patent lawyers would do well to follow the court’s decisions in these other areas, say Robert Parker and Daniel McCallum of Rothwell Figg Ernst & Manbeck PC.