Intellectual Property

May 6, 2013
Foreign Patent Applications Continue To Rise, Report Finds

Intellectual property outsourcing has become commonplace in the U.S., according to a report released Monday by foreign filing service provider Inovia, which found that more than half of those surveyed filed at least 50 percent of their patent applications overseas.
April 11, 2013
Trademark Attys Make A Big Difference, Usually: Study

Businesses looking to register a trademark tend to fare better before the U.S. Patent and Trademark Office when they hire an attorney — especially when those applicants have scant experience with the registration process, according to a study obtained by Law360 on Thursday.
April 9, 2013
Trolls File The Majority Of Patent Litigation, Study Finds

Lawsuits filed by so-called patent trolls now make up the majority of all patent litigation in the U.S., marking a sharp rise from just five years ago, a comprehensive new study released Tuesday has found.
March 27, 2013
25% Of 2013 Patents Will Be For Mobile Tech, Report Says

In 2013, nearly a quarter of all patents granted in the U.S. will be related to mobile technology, up from 5 percent in 2001, as top companies Samsung Electronics Co. Ltd. and IBM Corp. continue to lead the way, according to a report by Chetan Sharma Consulting released Tuesday.
February 25, 2013
Shine Might Be Off Alt Fee Arrangements, GC Survey Shows

A significantly smaller percentage of in-house counsel used some form of alternative legal fee structures last year, according to a new legal survey from Fulbright & Jaworski LLP that defied previous years' upward trends and more vocal criticism in recent years of the billable hour.
February 25, 2013
In-House Teams Expand To Keep Pace With More Suits, Probes

Corporations beefed up their legal departments in 2012 and expect to do the same this year, according to a new report, with mounting regulatory challenges and abundant litigation combining to boost the need for in-house expertise.
February 25, 2013
GCs Rate Fixed Fees Best Bang For Their Buck

In-house corporate lawyers last year rated fixed-fee legal pricing the most effective alternative fee model to the straight billable hour, according to an annual Fulbright & Jaworski LLP survey released Tuesday.
February 15, 2013
GCs Name Cream Of The Crop Litigators

Corporate counsel singled out nearly 100 litigators as the most client service-driven in their field thanks to their innate ability to deliver solid outcomes, effectively communicate litigation strategy and prioritize their clients' business interests.
January 14, 2013
Texas Court The Top Spot For Patent Cases Filed In 2012

The Eastern District of Texas is once again the top federal court in the U.S. for patent litigation, with the District of Delaware following in second place, according to data released Monday by Perkins Coie LLP.
January 10, 2013
IBM Continues To Dominate US Patent List

IBM Corp. said Thursday that it picked up more U.S. patents than any other firm for the 20th year in a row, receiving a record 6,478 patents in 2012.
October 17, 2012
IP Work For Outside Firms Will Grow In 2013, GCs Say

Despite only modest growth in overall spending on outside counsel, corporate legal teams will continue to increase their budgets for intellectual property help in 2013 as more companies come to see IP as an essential asset, according to a new survey of corporate counsel.
September 12, 2012
'Patent Trolls', Other NPEs Win Higher Damages: Report

The median damages award for nonpracticing entities in patent cases is nearly twice as high as the median award for companies that practice their patents, according to a report released Wednesday that also found there were more patent suits filed in 2011 than in any year on record.
August 31, 2012
3 Firms Cream Of The Crop In IP Litigation, Corp. Counsel Say

When corporate counsel need help litigating an intellectual property matter, they turn to three law firms most often to help solve the problem, according to a new report.
August 31, 2012
4 Firms Feared Most By In-House Counsel

When dealing with high-stakes litigation, there are four top-notch firms that in-house counsel dread seeing on the other side of the courtroom, according to a new survey of corporate counsel.
July 27, 2012
Patent Appeals Failing In Wake Of Bilski, Panel Says

Appeals of patent applications to the Board of Patent Appeals and Interferences in the years following the U.S. Supreme Court's decision in Bilski are not meeting with much success, as most result in an upheld decision, attorneys said Wednesday.
July 12, 2012
Global Drug Spending To Climb Amid Market Shifts, Report Says

Global spending growth on pharmaceuticals will rebound over the next several years, despite relatively slow growth in developed countries like the United States and a continuing wave of patent expirations, predicted a report released Thursday.
June 29, 2012
Law360's Global 20 Firms Open Up New Frontiers

For the second year in a row, Law360 has selected and ranked the 20 law firms with the greatest global reach and expertise.
June 22, 2012
GCs Name Rolls Royce Of Law Firms

A new report based on interviews with corporate counsel has identified the eighteen law firms with the strongest brands in the legal market.
March 26, 2012
GAO Test Reveals Flood Of Counterfeit Parts From Chinese Cos.

A U.S. Government Accountability Office report released Monday found that all the military-grade electronic parts the agency had secretly purchased from Chinese vendors were suspected counterfeits or fake, renewing two U.S. senators' calls for action to crack down on the practice.
March 23, 2012
Big-Ticket IP Work Poised For More Growth, GCs Say

Big-ticket intellectual property practices survived the economic crisis largely unscathed, and they're still thriving thanks to a rare combination of abundant cases and large fees, according to a new survey of in-house counsel.

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Expert Analysis

Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
New USPTO Fee Rules, New Patent Prosecution Strategies

The U.S. Patent and Trademark Office's recently revised patent prosecution fee structure encourages quick and compact prosecution by raising fees for prosecution that requires significant examiner time, says Carl Schwartz of Quarles & Brady LLP.
When And How To Consider Hiring In-House IP Counsel

When deciding whether to hire in-house intellectual property counsel, a company should consider its IP strategy and its IP budget. If a company is spending $250,000 or more on outside IP legal fees per year, it is at least worth considering hiring in-house patent counsel, says Scott Smith of Dorsey & Whitney LLP.
Why 'Escape From Tomorrow' Likely Won't Make It To Theaters

"Escape From Tomorrow," a movie that premiered at the Sundance Film Festival this year, was shot on-site at Disney World without the permission or knowledge of The Walt Disney Co. Disney didn't file suit, but it appears that the strategy of silence has largely paid off up to this point, says Brent Lorentz of Winthrop & Weinstine PA.
What To Do Before, During And After IP Mediation

Intellectual property mediation provides parties with the power to transfer the control of the outcome of their dispute from jurors back to where it most appropriately resides — with the parties themselves. But too many litigators and too many parties approach mediation as if it is a burden to be shouldered rather than an opportunity to be embraced, say Samuel Miller and Vernon Winters of Sidley Austin LLP.
K-V Case Tests Limits Of ITC Jurisdiction

As illustrated by the recent K-V Pharmaceutical Co. case, the U.S. International Trade Commission will likely closely review complaints that could usurp the power of another federal agency and potentially undermine that agency's application of its own rules, say Eric Fues and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.
An Update On Joint Infringement In Cloud Computing

Assuming a feature of cloud-based email service warrants patent protection, a method claim may need to cover the conduct of two or three entities that act in concert to put the email application into service. For claims of that sort, the Akamai decision makes proving induced infringement easier, says Steven Amundson of Frommer Lawrence & Haug LLP.
Supreme Court Got It Right In Seed Dispute

On May 13, the U.S. Supreme Court unanimously affirmed the Federal Circuit and ruled that a farmer infringed Monsanto Co.’s patents for Roundup Ready seeds by growing subsequent, unauthorized generations beyond the first, authorized planting. The court did not set clear limits on the holding, which may be the source of controversy going forward, say attorneys with McAndrews Held & Malloy Ltd.
Calif. To Draw The Lines In Disparagement Liability

The California Supreme Court's upcoming decision in Hartford Casualty Insurance Co. v. Swift Distribution Inc. will resolve a hot debate about the scope of implied disparagement liability under California law, likely determining whether insurers must defend lawsuits involving allegations of intellectual property infringement, unfair competition and false advertising, says Tyler Gerking of Farella Braun & Martel LLP.
CLS Bank Ruling Provides No Guidance On Patent Eligibility

The decision in CLS Bank International v. Alice Corp. Pty. Ltd. spotlights the Federal Circuit’s serious divisions on Section 101 analysis. In the face of these divisions, decisions by Federal Circuit panels as to patent eligibility of specific claims under Section 101 will continue to be inconsistent, say Charles Macedo and David Goldberg of Amster Rothstein & Ebenstein LLP.

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