Intellectual Property

  • May 21, 2015

    Chinese University Denies US Economic Espionage Charges

    A Chinese university on Thursday denied charges against three of its staff members accused of espionage by U.S. officials for allegedly stealing technology from U.S. companies along with three others, after one professor was arrested over the weekend.

  • May 20, 2015

    Insurer Wants Revival Of Defense Suit Over Chicken IP Row

    Maiden Specialty Insurance Co. asked the Eleventh Circuit on Wednesday to revive its suit declaring it did not have to defend a Miami restaurant in a trademark dispute with local chain Chicken Kitchen USA LLC, saying the trial court erred when it did not allow the insurer to amend its complaint.

  • May 20, 2015

    Patent Maintenance Fees Are Unconstitutional, Justices Told

    The owner of an antibacterial baby seat patent has urged the U.S. Supreme Court to declare that patent maintenance fees are unconstitutional, after the Federal Circuit upheld the dismissal of her suit over the patent's expiring after she defaulted on the fees.

  • May 20, 2015

    Patent Lawsuits Took First Dive In Years, Report Says

    The number of patent lawsuits filed last year dropped by 13 percent, a seismic shift from the significant spikes in patent activity over the previous five years, caused in part by the U.S. Supreme Court's landmark Alice ruling, according to a new study released Wednesday.

  • May 20, 2015

    NAACP Can't Silence Anti-Abortion Group With TM: 4th Circ.

    The Fourth Circuit on Tuesday vacated a lower court’s 2014 injunction that barred an anti-abortion group from using a mock name for the NAACP in its criticisms of the civil rights organization because of the potential for trademark infringement and dilution.

  • May 20, 2015

    US Urges High Court To Skip Google Street View Patent Case

    The solicitor general urged the U.S. Supreme Court on Tuesday not to hear Google Inc.’s appeal in a patent case over the tech giant’s Street View service, saying the Federal Circuit correctly reversed a decision that Google didn’t infringe Vederi LLC’s patents.

  • May 20, 2015

    Quantlab Wins $12M Verdict In Trade Secrets Row

    A Texas federal jury on Wednesday found a former employee of stock trading firm Quantlab Technologies Ltd. and one other liable for more than $12 million in damages for taking intellectual property and using inside knowledge when they formed rival firm SXP Analytics LLC.

  • May 20, 2015

    Telemundo Attys Escape Sanctions In LaTele IP Row

    A Florida federal judge Wednesday denied LaTele Television CA's sanctions bid against Telemundo Communications Group LLC's counsel Greenberg Traurig LLP in a copyright dispute while the judge sorts out confusion regarding LaTele's representation.

  • May 20, 2015

    Supreme Court OKs End To Bare-Bones Patent Complaints

    The U.S. Supreme Court has approved the elimination of a federal rule allowing patent plaintiffs to file bare-bone complaints, a change that will subject patent suits to the same pleading standards as other litigation when it takes effect later this year.

  • May 20, 2015

    RadioShack Judge Won't Reopen Auction, OKs $26M IP Sale

    A Delaware bankruptcy judge rejected Wednesday a bidder's request to reopen the auction Wednesday for RadioShack Corp's intellectual property, including data on millions of customers, approving its $26.2 million sale to the unit of creditor Standard General LP that also bought 1,700 of its stores in March.

  • May 20, 2015

    Diamond Middleman Wants Atty DQ’d In Software Patent Beef

    The co-founder of an online diamond sale facilitator wants the startup's lawyers tossed from a case accusing him of stealing its proprietary software, arguing in New York federal court Wednesday that one lawyer represented him for 16 years and the other is bound to be a witness.

  • May 20, 2015

    GM, Mercedes-Benz Hit With Patent Suits Over In-Car Wi-Fi

    General Motors Co., FCA US LLC and Mercedes-Benz USA LLC were slapped with patent infringement suits in Delaware federal court that allege the automakers ripped off Advanced Media Networks LLC's technology for mobile hot spots by providing WiFi in certain vehicles.

  • May 20, 2015

    RPX Launches Patent Troll Insurance For Cos., Customers

    RPX Corp. announced Wednesday that it is launching a new type of insurance to protect against lawsuits by so-called patent trolls that covers suppliers of software as well as their customers.

  • May 20, 2015

    Hernia Mesh Maker Wins Injunction In Trade Secrets Fight

    An Acelity LP subsidiary specializing in tissue repair products said Tuesday that a New Jersey court has granted its request for a preliminary injunction in a trade secrets and unfair competition case against Tela Bio Inc. and two of its executive officers.

  • May 20, 2015

    Schlumberger Says SLAPP Law Can't Ax Claims Against Ex-Atty

    Schlumberger Ltd. on Tuesday asked a Houston appeals court deciding whether trade secret claims against the company's former intellectual property attorney are barred by Texas' anti-SLAPP statute to consider a recent Dallas appellate ruling that private communications cannot be protected under that law.

  • May 20, 2015

    High Court Asked To Review Indefiniteness In Google IP Case

    Patent licensing company Interval Licensing LLC has urged the U.S. Supreme Court to review a portion of a Federal Circuit decision which determined that patents it asserted against Google Inc., Apple Inc. and others are indefinite.

  • May 20, 2015

    Knobbe Atty's Misconduct Doesn't Kill $467M Masimo Verdict, Judge Says

    A judge has left in place a $466.7 million jury verdict finding that Philips Electronics North America Corp. infringed Masimo Corp. patents for measuring blood oxygen levels, finding that while a Masimo attorney from Knobbe Martens Olson & Bear LLP engaged in misconduct, it didn't warrant a new trial.

  • May 20, 2015

    Former Barnes & Noble IP Director Jumps To Stris & Maher

    The former director of intellectual property for Barnes & Noble Inc. has joined the Los Angeles-based law firm Stris & Maher LLP, the firm said Tuesday.

  • May 20, 2015

    Jones Day Adds Ex-Kelley Drye Insurance Expert

    Jones Day has a new partner in its insurance recovery practice after recruiting a former Kelley Drye & Warren LLP attorney who has dealt with claims involving employment issues, false advertising, financial fraud, intellectual property and antitrust, Jones Day announced on Wednesday.

  • May 20, 2015

    FTC's Abbvie Loss Doesn't Apply To Actos Case, Court Told

    The plaintiffs accusing Takeda Pharmaceutical Co. and other drugmakers of participating in a pay-for-delay scheme for the Actos diabetes drug argued Tuesday in New York federal court that a recent high-profile ruling against the Federal Trade Commission in a similar filing should not have any bearing on the case.

Expert Analysis

  • Akamai Is A Cautionary Tale For Patent Prosecutors

    Jerry Selinger

    The majority decision of the Federal Circuit panel in Akamai Technologies Inc. v. Limelight Networks Inc. that Limelight did not directly infringe under Section 271(a) seems to be consistent with the spirit and substance of Section 271(a) and the case law related to patent infringement, say Jerry Selinger and Michael Lew of Patterson & Sheridan LLP.

  • REBUTTAL: Lelo V. ITC — The Sky Is Not Falling

    Tom Schaumberg

    Rather than making the U.S. International Trade Commission less appealing — as suggested by a recent Law360 Expert Analysis article — the Federal Circuit's opinion in Lelo Inc. v. ITC is an appeal to parties and their counsel to understand the workings of the U.S. trade laws and to create a record consistent with the purpose of those laws, says Tom Schaumberg of Adduci Mastriani & Schaumberg LLP.

  • Court-Appointed Experts — A Powerful But Rarely Used Tool

    Philip Woo

    The Tessera Inc. patent case highlights a useful procedure seldom used in the federal court system — Federal Rule of Evidence 706, which allows for a court-appointed expert. But Rule 706 provides little guidance on when to use such an expert, how to select one or how to work with one. Here are some tips, say Philip Woo and Nathan Greenblatt of Sidley Austin LLP.

  • Lelo Makes ITC Less Appealing To Potential Complainants

    Robert Vlasis

    The Federal Circuit’s opinion this week in Lelo Inc. v. U.S. International Trade Commission is one of many rulings in the past four years that have made obtaining relief at the ITC more difficult, says Robert Vlasis of Weil Gotshal & Manges LLP.

  • Weaving B&B Hardware Into TTAB Litigation Strategy

    Jeremy Klass

    We have no idea how — or how frequently — lower courts will rely upon the U.S. Supreme Court's decision in B&B Hardware Inc. v. Hargis Industries Inc. to streamline litigation. Nonetheless, there are several ways Trademark Trial and Appeal Board practitioners can avoid or minimize the likelihood that issue preclusion will unexpectedly or unfavorably apply in future disputes, say attorneys with Venable LLP.

  • FDA Biosimilar Policy: 3 Documents, 1 Key Theme

    Maria Doukas

    One key theme that arose from the U.S. Food and Drug Administration's recently issued guidance documents on biosimilars is the FDA’s willingness to advise biosimilar applicants during the development process, where it encouraged applicants to meet with the agency early and often, say attorneys at K&L Gates LLP.

  • Hague — A New Consideration For US Design Applications

    Brent Dougal

    On Wednesday, significant changes in the law of design patents come into effect. The U.S. joining the Hague Agreement is likely to have the greatest impact. There are many benefits of using the Hague Agreement when filing international applications, though some are only realized in certain situations, says Brent Dougal of Knobbe Martens Olson & Bear LLP.

  • 7 Key Moments To Preserve Objections At Jury Trials

    Lynn A. Kappelman

    At trial, there are so many moving parts at any given moment that it can be difficult to keep a firm eye on preservation for a later appeal. For new and seasoned trial lawyers alike, we suggest you bring to court a cheat sheet of all of the key moments when you must preserve your objections to ensure nothing is waived for appeal, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.

  • Halo V. Pulse: The Willfulness Debate Rages On

    Michael Bunis

    In Halo Electronics Inc. v. Pulse Electronics Inc., the Federal Circuit recently denied a petition for en banc reconsideration of the willfulness doctrine. The court’s concurring and dissenting opinions, however, make clear that the controversy surrounding the application of the willfulness doctrine continues, say Michael Bunis and Kevin Finnerty of Choate Hall & Stewart LLP.

  • Teva's Effect On Review Of PTAB Claim Construction Rulings

    Tom Irving

    It is possible that even if the Federal Circuit applies Teva to review of Patent Trial and Appeal Board claim constructions, practitioners may not notice much of a difference, either because the court can simply say the claim construction is only based on intrinsic evidence and review de novo as it did pre-Teva, or because the Administrative Procedure Act standard of review is applied, say attorneys with Finnegan Henderson Farabow ... (continued)