Intellectual Property

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    3rd Circ. Won't Rethink Suspension Of 'Stairway' Atty

    The Third Circuit summarily refused Tuesday to reconsider the three-month suspension of the attorney who recently lost the closely watched “Stairway to Heaven” copyright infringement case, letting stand a Pennsylvania federal court's finding of misconduct in a separate musical copyright suit.

  • July 26, 2016

    Venable Atty’s Charges In Coffee Scrap False, Counsel Says

    A New York litigator involved in a coffee-fueled kerfuffle with a Venable LLP lawyer during a factious deposition accused her opposing counsel Monday of provoking her and then lying to the federal judge overseeing the trade secrets case.

  • July 26, 2016

    Micron Says Asking U. Of Illinois For Fees Isn't Threat

    Micron Technology Inc. told an Illinois federal judge Monday that a letter it sent the University of Illinois after the school sued for breach of contract following a patent dispute was simply a request for attorneys’ fees and not an attempt at intimidation.

  • July 26, 2016

    Amendments Don't Open Door To Post-Grant Review: PTAB

    The Patent Trial and Appeal Board ruled Monday that amendments made to a patent after it issues cannot make it eligible for post-grant review, rejecting a bid for review of a Johns Hopkins University patent for training bomb-detecting dogs.

  • July 26, 2016

    PTAB Grants DOJ's Request To Review E-Passport Patent

    The Patent Trial and Appeal Board agreed Monday to consider the U.S. Department of Justice’s attempt to invalidate a Malaysian company’s electronic passport patent, finding that the invention was likely to be obvious because of prior patents for similar technology.

  • July 26, 2016

    Radware Can't Get Injunction After Patent Trial, Rival Says

    Radware Ltd. isn’t entitled to an order barring rival F5 Networks Inc. from further infringement of two network load-balancing patents after winning a $6.4 million jury verdict, F5 told a California federal court Monday, arguing that its competitor hasn’t shown an injunction is necessary.

  • July 26, 2016

    Burberry Sues Rapper 'Burberry Perry' For Infringement

    British fashion brand Burberry Ltd. filed a trademark infringement lawsuit Monday against an Atlanta rapper going by the name "Burberry Perry," accusing him of a “clear attempt to trade off of the fame and goodwill” of the luxury house.

  • July 26, 2016

    Apple Says Cuozzo Ruling Should Halt $625M VirnetX Case

    Apple Inc. on Monday renewed its bid to stay a $625 million patent infringement verdict pending invalidation proceedings at the Patent Trial and Appeals Board, arguing the U.S. Supreme Court’s June Cuozzo decision bolsters its argument to put the Eastern District of Texas case on ice.

  • July 26, 2016

    ITC To Launch Investigation In Container IP Row

    The U.S. International Trade Commission announced Tuesday that it will launch an investigation into the claim that a Chinese company is exporting  bulk liquid containers that infringe the trade dress of a U.S.-based company.

  • July 26, 2016

    L’Oreal Tells 3rd. Circ Ex-Atty’s Patent Quota Suit Too Flimsy

    L’Oreal on Tuesday pushed the Third Circuit to uphold the dismissal of a former in-house patent attorney’s allegations that he was fired for taking issue with the cosmetic giant’s patent application quota, arguing he has no viable claim under the Conscientious Employee Protection Act.

  • July 26, 2016

    Treat Streaming The Same As Cable, Interest Groups Say

    Public interest groups pressed the D.C. Circuit on Tuesday to give streaming services like FilmOn X access to the same automatic copyright license afforded to cable companies, saying U.S. law should not "privilege incumbent video distribution services."

  • July 26, 2016

    Fed. Circ. Axes Illumina Bid To Arbitrate Ariosa Patent Row

    The Federal Circuit ruled Tuesday that the terms of a supply agreement between Illumina and Ariosa do not compel arbitration of their prenatal test patent dispute, because the arbitration clause exempts intellectual property issues.

  • July 26, 2016

    Nistica, Finisar Ask For Judgment In Optic Filter IP Row

    After two separate California juries cleared Nistica Inc. of claims that it infringed on two optical fiber network patents held by Finisar Corp., Nistica on Monday sought to solidify those decisions in case of an appeal, while Finisar asked for immediate judgment or a new trial.

  • July 26, 2016

    11th Circ. Demolishes Another Home-Design Copyright Suit

    An Eleventh Circuit panel ruled Tuesday that a major luxury homebuilder couldn’t sue a rival firm for copyright infringement for building similar-looking homes, reiterating that such architectural designs are entitled only to thin protection.

  • July 26, 2016

    Mylan Wins PTAB Review Of Pfizer's Toviaz Patents

    The Patent Trial and Appeal Board has agreed to hear challenges by Mylan Pharmaceuticals Inc. to four patents owned by UCB Pharma GmbH relating to Pfizer Inc.’s Toviaz overactive bladder treatment, saying it is likely that they all are unpatentable.

  • July 26, 2016

    Valeant, Par End Patent Suit Over Colitis Treatment

    Par Pharmaceuticals Inc. reached a settlement Monday in a patent infringement suit brought by Valeant Pharmaceuticals International and Cosmo Pharmaceuticals Ltd. in Delaware federal court over Par’s attempt to make a generic of the colitis treatment Uceris.

  • July 25, 2016

    ITC Backs RealD In Patent Row With Rival MasterImage

    The International Trade Commission on Thursday found that MasterImage had infringed on rival RealD's patents for 3D movie theater projection systems and banned imports of MasterImage's infringing products into the U.S.

Expert Analysis

  • Legal Aid, Meet Legal Tech


    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Ways Manufacturers Can Shut Down Unauthorized Resellers

    Keith L. Slenkovich

    While the brand owner’s legal rights with respect to unauthorized resellers of genuine products may not be as clear-cut as with counterfeit sales, brand owners do nevertheless have rights that they should consider enforcing in these situations, says Keith Slenkovich of WilmerHale.

  • A Big Question For Self-Driving Car Developers

    Steven Baik

    For self-driving cars, it's possible to give artificial intelligence complete control over all perception and driving decisions, or AI can be used not at all or in limited ways to augment elaborate software. The choice might impact a self-driving car designer’s liability if its car crashes, say Steven Baik and Nathan Greenblatt of Sidley Austin LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Can Reference Sponsor Forfeit Right To Sue Under BPCIA?

    Brian D. Coggio

    In Amgen v. Apotex, the Federal Circuit recently stated that a reference product sponsor could not sue for infringement under Section 271. Brian Coggio and Ron Vogel of Fish & Richardson PC explore whether an RPS is forever barred from asserting infringement of an unlisted patent under all sections of 271 or only the section that creates an “artificial act of infringement” for U.S. Food and Drug Administration filings under the Bio... (continued)

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Atty Patent Validity And Infringement Opinions Back In Vogue

    Jeffrey G. Sheldon

    In patent matters regarding validity and infringement, it has been the general consensus among patent attorneys that a formal written attorney opinion usually was unnecessary. In view of two recent U.S. Supreme Court decisions, this is no longer the situation, say Jeffrey Sheldon and Ivan Posey of Leech Tishman Fuscaldo & Lampl LLC.

  • The Flaw In DTSA’S Civil Seizure Provision

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    Other than serving as a trap for the unwary and giving defense lawyers a shiny new weapon in their arsenal, does the Defend Trade Secret Act's civil seizure provision serve any useful purpose at all? asks Arash Beral of Freeman Freeman & Smiley LLP.

  • USPTO Cancer Drug Pilot Program Not Likely To Be Used Much

    Robert W. Esmond

    The U.S. Patent and Trademark Office announced a pilot program to fast-track examination of patent applications directed to cancer immunotherapy inventions as part of the Obama administration's "cancer moonshot" initiative. However, the fast-tracking of drug applications is often not in the best interest of biopharma companies as it eliminates patent term adjustment, say Robert Esmond and Stephanie Elmer of Sterne Kessler Goldstein & Fox PLLC.

  • 3 Concrete Approaches To Defeat Abstractness

     A.J. Tibbetts

    While the claims in all Section 101 Federal Circuit decisions last year were found to be patent-ineligible, an analysis of the 2014 DDR Holdings ruling and three recent decisions reveals three ways to overcome or forestall a Section 101 challenge, say A.J. Tibbetts and Justin Colannino of Wolf Greenfield & Sacks PC and Gary Cohen of Xerox Corp.