The House Judiciary Committee on Wednesday voted to approve a bill aimed at cracking down on so-called patent trolls, turning aside a slew of amendments that would have stripped controversial provisions raising pleading requirements and limiting discovery in patent cases.
Cisco Systems Inc. escaped a $70 million jury verdict in a patent infringement and trade secrets suit when a Delaware federal judge ruled Wednesday there wasn't enough evidence Cisco had defrauded XpertUniverse Inc. in their call center routing technology joint venture.
A Pennsylvania federal judge on Wednesday denied a bid to certify a proposed class of indirect purchasers who are accusing Warner Chilcott PLC of making small tweaks to its severe acne medication Doryx as a tactic to stave off generics.
Securing court victories that saved his clients, including Google Inc., billions and that led to landmark decisions on the Digital Millennium Copyright Act and whether U.S. trade law protected the licensing businesses of “patent trolls” has made A. John P. Mancini of Mayer Brown LLP one of Law360's 2013 Intellectual Property MVPs.
Gulfstream Aerospace Corp. on Wednesday filed a trademark infringement suit against aviation enthusiast website Aviloop and its founder Nadia Marcinko over their use of the moniker "Gulfstream Girl," claiming Marcinko has illegally profited from the company's trademarks.
Microsoft Corp. hit Acacia Research Corp. with a lawsuit Wednesday in New York federal court that reportedly accuses the patent licensing company of breaching a deal to license smartphone and tablet computing technology patents to Microsoft.
As a California federal jury continued deliberations Wednesday in Apple Inc.'s $380 million smartphone patent damages retrial against Samsung Electronics Co., Samsung argued that the case should be immediately stayed in light of a U.S. Patent and Trademark Office decision announced earlier in the day invalidating a key Apple patent at issue.
A Brooklyn federal judge on Wednesday issued a lengthy opinion detailing last week's refusal to protect a famed New York City graffiti site from destruction, sounding a sympathetic tone at times as he explained why the street art didn't qualify for an injunction.
Alice Corp. on Tuesday once again urged the U.S. Supreme Court to review a deeply divided ruling by the Federal Circuit that found the company's software platform ineligible for patent protection, blasting CLS Bank International's argument that the appeals court could resolve the situation itself.
Greenberg Traurig LLP asked a Colorado federal judge on Tuesday to toss a malpractice suit against it, saying former client Wyers Products Group Inc., which has accused its attorneys of missing opportunities to settle an infringement case the company later lost, lacked evidence that viable settlement offers were spurned.
ABC Inc. pressed the Second Circuit on Wednesday to shut down Dish Network Corp.'s ad-skipping DVR service called the Hopper, saying a lower court ruling that allowed it to keep operating rode roughshod over copyright case law.
Structured content developer i4i Inc. urged the U.S. Supreme Court on Monday to reverse a Federal Circuit decision invalidating a Soverain Software LLC e-commerce patent asserted against Newegg Inc., claiming the appellate court has undermined the entire patent system.
Samsung Electronics Co. Ltd. was hit with an infringement suit in California federal court last week alleging the cameras of some of its mobile devices infringe several U.S. patents belonging to a Taiwanese manufacturer of optical lenses for smartphones.
The European Union's move to propose legislation to create a unionwide framework for trade secrets law has scored a thumbs up from intellectual property attorneys, who said on Tuesday that the plan was an important, long-overdue step forward from the frustrating patchwork of current laws.
A supposed draft of the Trans-Pacific Partnership's intellectual property chapter shows apparent efforts by the U.S. to push a number of IP proposals, including drug patent protections that would be similar to those under the Hatch-Waxman Act, experts say.
Bayer Corp.’s $74 million payout last week to escape a consumer class action over pay-for-delay deals with generic-drug makers will likely be the first of many settlements to come, experts say, as manufacturers wrestle with the U.S. Supreme Court’s new and highly complex framework for evaluating the legality of financial agreements to sideline competition.
The bankruptcy trustee of the California company behind the “Girls Gone Wild” video series asked the court Monday to approve a settlement with the Chapter 7 trustee of Mantra Films Inc., which would favorably resolve claims that the debtors sold videos owned by Mantra.
The unsettled state of the law over when software is eligible for a patent has left attorneys scratching their heads, and there won't be clear guidance until the U.S. Supreme Court weighs in, experts said at a conference Tuesday.
High-ranking Democrats on the House Judiciary Committee said Tuesday that proposed modifications to a bill designed to cut down on frivolous lawsuits by so-called patent trolls did not allay their concerns that the bill would needlessly alter all patent litigation and meddle with the separation of powers.
The best ways of combating copyright infringement in the digital age involve giving consumers legitimate access to content at a fair price, and reforms to copyright law should be focused on removing barriers to this access, witnesses told House lawmakers at a hearing Tuesday.
In light of the global challenge of protecting trade secrets, companies and governments must be more proactive. Particularly, companies should not view investing in protection programs as burdensome, and governments should utilize trade policy tools, such as Trans-Pacific Partnership and Trans-Atlantic Trade and Investment Partnership Agreements, to promote more effective deterrence to cyberespionage, say attorneys with Covington & Burling LLP.
President Obama seems to be of the view that if law school were reduced to two years, students would incur two-thirds of the expense of attending law school, be burdened by two-thirds of the debt they currently have, and be generally economically better off than they are today after three years of law school. Most startling about the president’s proposal, however, is that he did not discuss the educational effect of his suggestion on the students or the effect on their clients, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
It is surprising how few companies have taken a serious, fresh look at developing the right legal agreements to protect their most valuable intellectual property. Companies must note that combining a cogent investigative plan and effective legal tools, such as comprehensive restrictive covenants, will enable employers to get their IP back, say Michael Barba of BDO Consulting and Mark Konkel of Ford & Harrison LLP.
As shown by Affinity Health Plan Inc.'s recent settlement with the U.S. Department of Health and Human Resources, the modern copier poses a security risk for any company that processes or possesses personally identifiable information, personal health information or proprietary information — including trade secrets, research and development records, marketing plans, M&A strategies and financial information, says Kenneth Dort of Drinker Biddle & Reath LLP.
When it comes to preventing cyberattacks, the U.S. government can’t protect its own networks, let alone those of large law firms. And when it comes to deterring and punishing intruders, our government offers even less. We have to do more than play defense. We didn’t reduce street crime by requiring pedestrians to buy better body armor every year, says Stewart Baker, a partner with Steptoe & Johnson LLP and former assistant secretary for policy at the U.S. Department of Homeland Security.
The potential for nonpracticing entities to exploit Section 337 actions for “hold up” value has generated alternative measures designed to thwart abuse. These measures should be evaluated taking into account the significant statutory and procedural differences between patent infringement actions in the federal district courts and in the U.S. International Trade Commission, say Paul Zegger and James High Jr. of Sidley Austin LLP.
What should an attorney do in the middle of a deposition if her client answers in a way that suggests a misunderstanding of the question or sudden memory loss? She will likely want to confer with her client at the next available opportunity, but her ability to do so without waiving privilege will depend, in part, on where the deposition is taking place, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
The Supreme Court in MedImmune v. Genentech established that a declaratory judgment plaintiff need not "bet the farm" or "risk treble damages" before being able to seek a declaration that its acts do not violate another’s rights. Nonetheless, a line of Federal Circuit cases indicate a trend toward requiring declaratory judgment plaintiffs to do exactly that — "bet the farm" by risking substantial investments in the manufacture or sale of a potentially accused product, say Chris Ryan and Syed Fareed of Vinson & Elkins LLP.
Litigation is typically the single largest line item in the general counsel’s budget. Yet it was long considered exempt from client demands for lower costs and greater certainty. Until now. The past few years changed this perception, leaving some litigators at a loss for how to address client demands for greater predictability, transparency and value. Expert witnesses remain an untapped resource, say consultants Jane Kidd and Marcie Borgal Shunk.
The Federal Circuit's analyses and disagreements in Ultramercial v. Hulu and Accenture v. Guidewire can be more easily understood by focusing on the "mental steps doctrine," which is a subcategory of abstract ideas. In this rubric, purely mental processes are not patentable, and consequently methods that can be performed by a person with a pencil and paper cannot be patented, says Russell Petersen of Hanson Bridgett LLP.