Intellectual Property

  • February 9, 2016

    Dechert Snags Ex-Federal Prosecutor For Litigation Team

    Dechert LLP on Tuesday said it has hired a former federal prosecutor whose practice will focus on white collar defense, internal investigations, U.S. Securities and Exchange Commission enforcement proceedings, securities litigation, trade secrets disputes and other commercial litigation.

  • February 9, 2016

    Samsung Hit With $7M Jury Verdict In Imaging Patent Row

    Samsung was hit with a nearly $7 million verdict by a Texas federal jury on Monday that found the smartphone giant willfully infringed at least some claims in a nonpracticing entity's two imaging patents with its devices.

  • February 9, 2016

    Fed. Circ. Clears Adobe On Unusual Patent Damages Issue

    The Federal Circuit cleared Adobe Systems Inc. Tuesday in a case where a patent owner sought to put the company on the hook for damages that allegedly took place before the patent issued, marking the first time the court has addressed the obscure topic of preissuance damages.

  • February 9, 2016

    Wiper Co. Tells Court $1.3M Arbitration Award Is All Wet

    A Taiwanese manufacturer of windshield wipers urged a California district court Monday to deny its U.S. distributor’s petition to confirm a $1.3 million arbitration award, arguing the arbitrator exceeded his powers by ignoring contractual language between the companies.

  • February 9, 2016

    PTAB Rightly Nixed Claims In Bosch Patent, Fed. Circ. Hears

    The Patent Trial and Appeal Board’s analysis of a Bosch Automotive tire monitoring system patent was sound, the patent office said Monday, urging the Federal Circuit to affirm a decision that several claims were unpatentable.

  • February 9, 2016

    Exxon, BP End 80-Year Squabble Over ‘Esso’ Name

    A Missouri federal judge on Monday signed off an agreement between energy giants ExxonMobil Corp. and BP PLC that would allow Exxon to again use the “Esso” gas station trademark in the 15 states where it was barred by a Depression-era injunction.

  • February 9, 2016

    FDA Panel OKs Celltrion Biosimilar Of Janssen's Remicade

    After a grueling debate, an independent panel on Tuesday advised the U.S. Food and Drug Administration to approve Celltrion’s copy of Janssen Biotech’s blockbuster immunosuppressant Remicade, the latest step forward for the emerging biosimilars industry.

  • February 9, 2016

    Apple Can't Jump Into VirnetX Patent Reviews, PTAB Told

    VirnetX asked the Patent Trial and Appeal Board to rethink letting Apple join a hedge fund's challenge of two patents the tech giant has repeatedly attacked, saying Monday that the serial challenges and a statutory time limit bar the move.

  • February 9, 2016

    Bid For Info On Suboxone Resales Is Premature, Judge Says

    A Pennsylvania federal judge Monday ruled that direct purchasers of Suboxone who accuse manufacturer Indivior of engaging in a product-hopping scheme to stifle generic competition of the opiate addiction treatment need not turn over information about resales of the drug until a decision on the issue is reached.

  • February 9, 2016

    Fed. Circ. Backs Gilstrap's Nix Of Sales Patents Under Alice

    The Federal Circuit on Tuesday upheld U.S. District Judge Rodney Gilstrap's conclusion that patent-holding company Clear With Computers LLC's sales software patents were directed toward an abstract idea under the framework established by the U.S. Supreme Court’s Alice ruling.

  • February 9, 2016

    LG, Hulu Tell PTAB Fed Circ. Erred In Reviving Network IP

    LG, Hulu and others urged Patent Trial and Appeals Board judges at a Tuesday hearing to again invalidate a networking patent asserted by Straight Path IP Group, arguing the patent is still precluded by prior art even though the Federal Circuit revived it.

  • February 9, 2016

    The 2015 Patent Litigation Report

    Law360's in-depth look at patent cases filed in 2015 reveals an explosion of litigation in Texas, a slowing stream of petitions flowing into the Patent Trial and Appeal Board, some unexpected companies at the center of the year's biggest litigation battles, and a shrinking docket at the International Trade Commission, among other trends.

  • February 9, 2016

    Ex-Mintz Levin Atty Says TV Station's Video Defamed Him

    A former Mintz Levin Cohn Ferris Glovsky & Popeo PC patent attorney sanctioned in New York in September for “bullying” opposing counsel and others in court has filed a defamation lawsuit against a West Virginia television station over video footage it aired of an altercation between him and a local reporter.

  • February 9, 2016

    Fed. Circ. Snaps Shut Image Processing Patent Row

    The Federal Circuit on Tuesday declined to revive an infringement suit against Hewlett-Packard Co. over its cameras, scanners and printers, affirming a lower court's determination that HP was covered by a separate license involving Microsoft.

  • February 9, 2016

    Warner Pays $14 Million In 'Happy Birthday' Settlement

    Warner/Chappell Music Inc. on Tuesday disclosed the terms of its settlement to end class action litigation over its claim of ownership of "Happy Birthday to You" — an agreement that will include a $14 million payment and an acknowledgment from all parties that the song is in the public domain

  • February 9, 2016

    Patent Suit Flood Pressuring East Texas Bench, Chief Says

    The record number of patent suits filed in the Eastern District of Texas has created an intense workload that is putting the squeeze on the judges, the court’s chief judge told Law360 in an interview.

  • February 9, 2016

    'Perfect Storm' Leads To Record Number Of EDTX Patent Suits

    Long a patent hot spot, the Eastern District of Texas exploded in popularity last year as the number of patent suits filed there shot up 77 percent over 2014, an increase attorneys attribute to several factors, particularly the low rate at which judges in the district invalidate patents under Alice.

  • February 9, 2016

    4 Frequent Filers Of IP Suits To Watch This Year

    Law360’s list of the most frequent filers of patent litigation in 2015 includes well-known repeat plaintiffs as well as cryptically named new arrivals that came out swinging over just a few short months. Here, Law360 looks at four firms behind those aggressive patent litigation campaigns and examines the battles they’re primed to fight in the new year.

  • February 9, 2016

    How 2015’s Crush Of Patent Lawsuits Kept IP Attys Busy

    The number of new patent complaints increased by nearly 15 percent in 2015 over the year before, and intellectual property attorneys say they are being pushed to take on more work as law firms stretch their resources to adapt to the influx of litigation.

  • February 9, 2016

    Obama Budget Calls For $3.32B In USPTO Funding

    The U.S. Patent and Trademark Office would receive $3.32 billion in funding next year, a slight increase of $49 million, or 1.5 percent, from the current fiscal year, under the 2017 spending plan unveiled Tuesday by President Barack Obama.

Expert Analysis

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • How Structural Claim Limitations Can Save Software Patents

    Stein_Michael_BakerHostetler.jpg

    Michael Stein of BakerHostetler discusses how structural claim limitations may be used effectively to avoid the alleged problems created by the use of functional limitations in software patents.

  • Take Advantage Of The Italian Patent Box While You Can

    Carlo Maria Paolella

    The Italian patent box regime largely complies with the Organization for Economic Cooperation and Development recommendations to prevent base erosion and profit shifting. But its noncompliant features offer a brief window of opportunity for companies able to take swift advantage of its wide range of qualifying intangible assets, say Carlo Maria Paolella and Federico Bortolameazzi of McDermott Will & Emery LLP.

  • California Anti-SLAPP In 2015: A Look At The Top Cases

    Thomas R. Burke

    Last year brought new wrinkles and interpretations of California’s anti-SLAPP statute — one of the broadest and strongest statutory protections for free speech and petitioning activities in the nation, say Thomas Burke and Diana Palacios of Davis Wright Tremaine LLP.

  • A Way To Efficiently Resolve International Patent Disputes

    Felicia J. Boyd

    International arbitration has become the principal mechanism for resolving disputes in almost every area of commerce. But the use of arbitration in international patent disputes has historically lagged behind. That trend is reversing itself, says Felicia Boyd of Barnes & Thornburg LLP.

  • Proportionality Ruling Raises Concerns About Rule 26 Change

    Henry J. Kelston

    During the drafting process leading to the recent Federal Rules amendments, some participants expressed concern that the relocation of the proportionality provisions might be interpreted as placing a burden on the requesting party to demonstrate the proportionality of the discovery it seeks. A California federal court's recent decision in Gilead v. Merck indicates that these concerns may indeed come to fruition, says Henry Kelston of Milberg LLP.

  • Patent Reform And The New Insurance Market That May Follow

    Desai_Nirav_SterneKessler.jpg

    Proposed legislation would require the losing party in patent litigation to pay the winning side’s reasonable attorneys' fees and costs, which means that the legal expense insurance market that emerged as a result of the loser-pays rule in England could soon be imported here, say Nirav Desai and Krishan Thakker of Sterne Kessler Goldstein & Fox PLLC.

  • Another Settled Google AdWords Trademark Case

    Sofia Jeong

    Given the trajectory of Google AdWords cases between brand owners and in light of the quick voluntary dismissal of Sazerac Brands, it is very likely that courts will see fewer keyword advertising disputes this year, says Sofia Jeong of Troutman Sanders LLP.

  • Mass. High Court Provides Guidance On Patent Malpractice

    Kraeutler_Eric_MorganLewis.jpg

    Maling v. Finnegan is not the first case to address subject matter conflicts in the patent context, but in Maling the Massachusetts Supreme Court seized an opportunity to address straight-on the issue of subject matter conflicts, among other things, by taking the case sua sponte on direct appeal and by inviting amicus briefing, say attorneys with Morgan Lewis & Bockius LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.