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Intellectual Property

  • October 17, 2018

    Nokia Backs Patent Successor In $7.3M Fight With Apple

    Nokia Technologies Oy has thrown its support behind Core Wireless Licensing SARL's bid asking the Federal Circuit to reinstate a $7.3 million jury verdict for patent infringement against Apple Inc., arguing in a Tuesday brief that the panel was wrong to find that one of Core Wireless' cellular patents might be unenforceable.

  • October 17, 2018

    FTC On Ropes As Courts Wallop Suits Over Past Conduct

    The Federal Trade Commission's power to punish past conduct involving consumer fraud or anti-competitive shenanigans is looking wobbly after a one-two punch of court decisions forcing the agency to also identify imminent or ongoing violations when it challenges prior behavior.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting? (This article is part of a series examining gender gaps at the high court.)

  • October 17, 2018

    Fed. Circ. Rejects Apple's Bid To Move Patent Suit From EDTX

    The Federal Circuit on Tuesday allowed a lawsuit against Apple Inc. over patents covering a communication system to move forward in the Eastern District of Texas, rejecting arguments that California would be a more convenient forum.

  • October 17, 2018

    The 7 Firms GCs Want To Hire For IP Litigation

    Intellectual property litigation is becoming increasingly complex with ever-higher stakes for companies, and seven firms stand out for general counsel as being able to deliver the top-shelf results in IP matters, according to a report released Wednesday.

  • October 17, 2018

    Cabela's Tells Chancery Ex-Workers' Startup Must Be Stopped

    Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.

  • October 17, 2018

    Apple, HTC, ZTE To Be Probed Over Phone Imports At ITC

    The U.S. International Trade Commission has opened an investigation into mobile phones and other devices sold and imported by Apple, HTC and ZTE after a patent licensing firm accused the companies of infringing on patents that cover technologies relating to the 3G and LTE wireless communications standards.

  • October 17, 2018

    PTAB Won't Review Insulation Patent In Rival's Challenge

    The Patent Trial and Appeal Board refused on Tuesday to review a fiberglass insulation patent owned by Knauf Insulation Inc., finding that rival Johns Manville Corp. had not shown that it would be likely to win on its claims that the patent is too obvious.

  • October 17, 2018

    Apple's Window To Nix Patent Has Closed, Qualcomm Says

    Qualcomm has told a California federal judge that Apple can't argue it doesn't owe royalties for a particular patent because its window to do so has shut, and the consumer tech giant's theory that the patent has been newly injected into the companies' massive licensing dispute belies the fact Apple has known about the patent for months. 

  • October 17, 2018

    Roku Zapped With Infringement Suit Over Streaming Devices

    Roku’s media players and streaming sticks are infringing the asserted claims of a patent covering a system for streaming media content from a mobile phone to larger displays such as televisions, the patent’s owner contended Tuesday in Texas federal court.

  • October 17, 2018

    Fed. Circ. Upholds Alice Ax Of Phone Call Patent

    The Federal Circuit on Tuesday affirmed a ruling by a Delaware district judge that several claims of a company’s patent for technology that calls multiple phone lines at once are invalid under the Supreme Court’s Alice ruling because they do not solve a technological problem.

  • October 17, 2018

    American Airlines Sues Expedia Over 'Advantage' Trademarks

    American Airlines hit Expedia with a trademark lawsuit in Texas federal court Tuesday over the booking site’s launch of an “Add On Advantage” program, saying the name is confusingly similar to the airline’s “AAdvantage” rewards brand.

  • October 16, 2018

    Ski Co. Gets Rival's Binding Patent Wiped Out At PTAB

    The Patent Trial and Appeal Board ruled Monday that ski equipment maker Marker Volkl USA Inc. had shown in an inter partes review that much of a ski binding patent it is accused of infringing by rival Kneebinding Inc. is invalid as anticipated or obvious.

  • October 16, 2018

    Netflix Wants Author's 'Narcos' Copyright Suit Tossed

    Netflix said Tuesday that a Florida federal court should dismiss a copyright infringement suit over its popular series “Narcos” because the Colombian ex-journalist claiming parts of the series resemble her memoir about her romantic relationship with drug kingpin Pablo Escobar didn’t allege that the show’s producers had access to her work.

  • October 16, 2018

    Policy Groups Back Teva In On-Sale Bar Case At High Court

    Two public policy groups have backed Teva Pharmaceuticals USA Inc. in its patent fight with Helsinn Healthcare SA over the nausea drug Aloxi, telling the U.S. Supreme Court that the latter’s reading of the on-sale bar in patent cases would threaten the patent system and hinder public safety research.

  • October 16, 2018

    Nespresso Brews Up TM Fight Over 'NYXpresso' Coffee Pods

    Nestlé SA’s Nespresso launched a trademark lawsuit in Manhattan federal court Monday over the sale of “Nespresso compatible” coffee pods under the name “NYXpresso.”

  • October 16, 2018

    Teva, Eagle Fight To Block Generic Versions Of Chemo Drug

    Teva Pharmaceuticals International GmbH and Eagle Pharmaceuticals Inc. have challenged two drugmakers' applications to make generic versions of a chemotherapy drug, claiming in a lawsuit filed Monday in Delaware federal court that the generics would rip off two of Eagle's patents.

  • October 16, 2018

    Comcast Gets PTAB To Ax Another TiVo Patent

    Comcast notched another win against TiVo in a broad-ranging intellectual property dispute, as the U.S. Patent Trial and Appeal Board on Monday invalidated a patent for an interactive television guide held by TiVo subsidiary Rovi.

  • October 16, 2018

    Cozen O’Connor Nabs Oblon Patent Atty For Int’l IP Group

    Cozen O’Connor has scored an experienced patent litigator and former engineer from intellectual property boutique Oblon McClelland Maier & Neustadt LLP, bolstering the global law firm’s international IP practice, the firm said on Tuesday.

  • October 16, 2018

    Trump's Rulemaking Agenda Aims To Cut $18B In Costs

    President Donald Trump's administration is set to launch another round of regulatory actions aimed at what it claims will cut costs for private industry across the country, previewing the fall unified agenda meant to cut an estimated $18 billion in costs from the marketplace that is set to be released Wednesday.

Expert Analysis

  • Issues High Court Will Explore In Copyright Registration Case

    Irene Lee

    Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • 5 Things To Consider Before Heading To PTAB

    Harper Batts

    Patent Trial and Appeal Board proceedings remain powerful tools for companies accused of patent infringement. However, recent case law developments, rule changes and shifting legal frameworks have increased the hurdles faced by petitioners, say Harper Batts and Jeffrey Liang of Sheppard Mullin Richter & Hampton LLP.

  • Data Privacy Vs. Cybersecurity At Your Company

    Scott Warren

    ​Which is more important — data privacy or cybersecurity? ​M​ost in-house counsel know the answer depends on which receives the limited available compliance budget.​ But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.

  • What IP Attorneys Need To Know About 5G

    Ranganath Sudarshan

    With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.

  • Opinion

    Only Congress Can Stop Courts' Patent-Eligibility Nonsense

    Nancy Linck

    The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.