Virginia's General Assembly passed a bill Wednesday designed to crack down on misleading demand letters by so-called patent trolls, establishing criteria for when patent infringement allegations have been made in bad faith.
The lawyer on the other side assumed I was the junior and initially deferred to my colleague, a junior male lawyer. I have to admit I did have a little bit of fun with it, playing to his view — the tea, coffee scenario. Of course, when he realized his error, it affected his contribution to the meeting, which was a positive, says Caroline Noblet, co-head of Squire Sanders LLP's labor and employment practice group.
Young attorneys often make a key mistake — they fail to make themselves truly indispensable to a supervisor or to a client. They forsake forging deep bonds with a handful of select folks who will ultimately help to advance their careers, for the sake of doing bits and pieces on a variety of different matters, says Jill Nicholson, chairwoman of Foley & Lardner LLP's bankruptcy and business reorganizations practice.
Celebrity chef Emeril Lagasse, Martha Stewart and the Home Shopping Network were hit Wednesday with a proposed class action accusing them of leading customers to believe that knives bearing Lagasse's name were high-quality products made in Solingen, Germany, when in fact they originated in China.
A California federal judge on Wednesday disqualified Irell & Manella LLP from representing networking equipment supplier A10 Networks Inc. in a patent infringement case brought by Radware Ltd., ruling that Irell's work on behalf of Radware in a prior suit presents a conflict.
The California federal judge overseeing Apple Inc.'s upcoming smartphone patent trial with Samsung Electronics Co. Ltd. on Wednesday barred Apple from presenting evidence that Samsung's attorneys at Quinn Emanuel Urquhart & Sullivan LLP leaked confidential information regarding an Apple license agreement, saying that such testimony could prejudice jurors.
A group representing patent owners sent a letter to the U.S. Senate Committee on Commerce, Science and Transportation on Tuesday decrying a bill that seeks to crack down on so-called patent trolls, saying the legislation will "do far more harm than good."
A wide range of patent applications may face rejection under guidelines issued to examiners Tuesday by the U.S. Patent and Trademark Office, which takes an expansive view of recent U.S. Supreme Court decisions striking down patents on human DNA, attorneys say.
A proposed tax change floated by President Barack Obama that would expand the government's ability to tax digital products finds some common ground with Republicans, but experts said Wednesday that it may not achieve the administration's ultimate goal: preventing U.S.-based multinationals from shifting profits overseas.
As the market for smartphone and tablet apps continues to boom, several recent cases show that developers and other rights holders in the still relatively new industry need to be ready to defend themselves against an age-old enemy: counterfeiters.
A North Carolina federal judge on Wednesday tossed a suit by two affiliates of patent holding company Intellectual Ventures Management LLC accusing Bank of America of violating online billing patents, ruling Intellectual Ventures left out key information in its claims.
A Delaware federal judge on Tuesday handed a win to Qualcomm Inc., HTC America Inc. and several other technology companies accused of infringing an interactive television patent held by Eon Corp. IP Holdings LLC after determining that eight of the patent's claims were indefinite.
BakerHostetler has added a former Edwards Wildman Palmer LLP expert in privacy and data protection law to join the firm's intellectual property group in Los Angeles and lead its advertising and e-commerce practice, the firm said Tuesday.
A Pennsylvania federal judge on Wednesday refused to free Houston Casualty Co. from a suit seeking coverage for a former Elliott Greenleaf client who was sued for allegedly using tax lien trade secrets stolen from the firm, finding that the complaint included sufficient facts.
Judges on a Federal Circuit panel appeared willing to reverse a decision freeing Google Inc. from allegations that it infringed buySAFE Inc.'s software patents proving guarantees of transactions, saying on Wednesday that the patent's methods seemed sufficiently concrete for eligibility.
Samsung Electronics Co. Ltd. urged a California federal judge on Tuesday to force Apple Inc. to provide information on its own repeated release of confidential licensing terms wrongly disclosed by Samsung’s attorneys at Quinn Emanuel Urquhart & Sullivan LLP in the tech giants’ patent war.
Novartis Pharmaceuticals Corp. filed a patent infringement lawsuit in New Jersey federal court Monday against Pharmaceuticals International Inc., alleging the Hunt Valley, Md.-based drugmaker is infringing on Novartis' patent for the cancer drug Zometa by trying to manufacture a generic version.
The U.S. International Trade Commission decided Tuesday that certain products by Funai Electric Co. Ltd. and others didn't infringe an LSI Corp. and Agere Systems Inc. patent for Internet-connected home entertainment products, after reviewing an investigation into the dispute.
A California federal jury on Wednesday found a California businessman and a former DuPont Co. engineer guilty of conspiring to steal DuPont’s proprietary method of manufacturing titanium dioxide and selling the information to Chinese government-owned companies for $28 million.
When my 7-year-old boys looked through the photos in a book on the 80-year history of my firm, one asked, “Why were all of the founders men?” I love that they noticed the lack of founding mothers, that it seemed weird to them and that I got the chance to tell them how some things have shifted, says Anna Shimko, chairwoman of Sedgwick LLP's real estate and land use practice group and vice chairwoman of the firm's commercial division.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
The practice of co-filing design and utility patent applications in the U.S. is not suitable for every scenario. However, for inventive concepts with both functional and ornamental characteristics, supplementing a utility patent application with a design patent application may in many cases result in an increased scope of patent protection, say Adam Rehm and Brian McGinley of Dentons.
Last year, the U.S. International Trade Commission issued an exclusion order against Samsung Electronics Co. Ltd. based on infringement of Apple Inc. patents. However, Samsung can reverse, narrow or work around the ITC’s exclusion order through many available avenues, including appeals to the Federal Circuit, ITC advisory proceedings, and interaction with U.S. Customs and Border Protection, say Andrew Riley and Michael Kudravetz of Finnegan Henderson Farabow Garrett & Dunner LLP.
In Mayo Collaborative Services v. Prometheus Laboratories Inc., the U.S. Supreme Court explained that a method of optimizing a therapy was not patentable when that method simply relied upon a law of nature and the claims did not “add enough” to a naturally occurring correlation. Fast forward two years. Not surprisingly, federal courts continue to grapple with the “enough” that must be added to a law of nature to confer patent eligibility, say attorneys with Robins Kaplan Miller & Ciresi LLP.
The last year has seen a flurry of trade secret-related bills being proposed by Congress — some focusing on modifying causes of action, and some targeting cybertheft by foreign entities. Meanwhile, the rise of social media is changing the trade secret landscape, and the law is trying to catch up — often in court, says Mark Romeo of Crowell & Moring LLP.
The recent case of Agence France-Presse v. Morel should change perceptions of what is acceptable when it comes to pulling content from social media. The New York federal court's $1.22 million verdict should ring alarm bells to media companies — and any company that uses images — about the potential pitfalls of relying on social media as a source for images, says Alicia Calzada of Haynes and Boone LLP.
Sometimes, export license requirements beyond the U.S. Patent and Trademark Office-issued foreign filing license need to be considered. It’s important to understand that you can make an export in your building, in your office when interacting with someone who is a foreign person, and when physically transmitting information to a foreign jurisdiction — and exporting without an export license is a serious problem, say Jeffrey Killian and Louis Rothberg of Morgan Lewis & Bockius LLP.
Two recent decisions by the U.S. Patent and Trademark Office's Office of Enrollment and Discipline — In re Massicotte and In re Hicks — highlight the procedural missteps and misstatements that may land practitioners in disciplinary hot water, say Linda McLeod and Evan Sheres of Kelly IP LLP.
Last year, the Federal Circuit affirmed that the bare-bones allegations outlined in Form 18 are sufficient — but only for pleading direct infringement of a patent. Attorneys drafting, or attacking, pleadings regarding any other type of patent infringement claim will fare poorly if guided only by Form 18, say Patricia Thayer and Sue Wang of Sidley Austin LLP.
Regardless of your industry, your firm will likely at some point need to procure software products or services. You must ensure that your employees' scope of duties covers software development and/or prepare clear agreements with independent contractors. Absent a written agreement that specifically delineates ownership, a firm is often left to the mercy of a costly and lengthy court determination, says Craig Robson of Michelman & Robinson LLP.