Intellectual Property

  • July 21, 2017

    Quinn Dropped Uber Due To Fixed Fee Program, Doc Says

    Quinn Emanuel Urquhart & Sullivan LLP dropped Uber Technologies Inc. as a client last fall because a fixed fee arrangement “no longer made financial sense,” according to an email disclosed Thursday in the California federal court intellectual property battle filed against Uber by the firm’s current client Waymo LLC.

  • July 21, 2017

    Intel, Apple Tag Qualcomm As 'Monopolist' In IP War At ITC

    Apple and Intel hit hard at Qualcomm in public statements filed Thursday with the U.S. International Trade Commission in a case where the chipmaker is seeking to bar iPhones that allegedly infringe its patents, with both companies accusing Qualcomm of seeking a monopoly on the technology.

  • July 21, 2017

    Orange Owes $60M For Startup-Killing IP Theft, Jury Told

    An attorney for defunct startup Telesocial Inc. told a California federal jury during closing arguments Friday that Orange SA destroyed the young company by stealing its trade secrets instead of buying its communications technology, while Orange’s attorneys denied responsibility for Telesocial’s failure and argued no theft occurred.

  • July 21, 2017

    Intel Says AVM Can't Reverse Loss In $2B Patent Trial

    Intel Corp. urged a Delaware federal judge on Friday to shut down rival AVM Technologies LLC's bid to undo its loss in a $2 billion patent infringement trial, saying the evidence amply supported Intel's belief that its circuits' functionality was different from that spelled out in the intellectual property at issue.

  • July 21, 2017

    BakerHostetler Adds Pillsbury Patent Pro In Seattle

    BakerHostetler scored a patent litigator from Pillsbury Winthrop Shaw Pittman LLP who brings 20 years of experience representing technology clients in intellectual property disputes, the firm recently announced.

  • July 21, 2017

    Dow’s Trade Secrets Suit Doesn’t Belong In Del., Court Told

    A Turkish chemical company said Friday that its scant corporate ties to Delaware failed to support Chancery Court jurisdiction for a Dow Chemical Co. lawsuit seeking broad damages for the alleged theft of Dow secrets used to make competing products.

  • July 21, 2017

    Boat Co. Seeks Retrial Under TC Heartland After $2.7M Loss

    Brunswick Corp. asked a Virginia federal court on Friday for a new trial after it was found to have infringed Cobalt Boats LLC’s patent on a boat step and ordered to pay $2.7 million in damages, asserting that the venue was improper under the U.S. Supreme Court's TC Heartland decision in May.

  • July 21, 2017

    Dish Gets Counterclaims Tossed In Copyright Suit

    A Florida judge on Friday dismissed counterclaims by the owner of an Arabic pay-TV company facing a copyright infringement suit claiming the service steals signals from Dish Network LLC, but gave the company time to fix the problems with its pleadings.

  • July 21, 2017

    Brand Battles: Disney Gets Creative To Block 'Jedi' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lucasfilm once again goes deep into the details of the Star Wars universe, Frito-Lay takes on a look-alike Lay’s logo and the Chicago Cubs stay aggressive.

  • July 21, 2017

    Fed. Circ. Rejects Amazon’s Plea To Reissue IP Liability Ruling

    The Federal Circuit on Thursday rejected a request from Amazon and eBay to republish as precedential an opinion it issued last month finding that Amazon, as a mere host to third-party vendors in this case, couldn’t be held liable for the sale of stuffed-animal pillowcases that allegedly infringe design patents.

  • July 21, 2017

    Illumina, Qiagen Settle DNA Sequencer Patent Dispute

    Illumina Inc. has settled patent infringement claims against rival Qiagen NV, according to a California federal judge’s order on Friday, resolving a year-old action over DNA-sequencing intellectual property.

  • July 21, 2017

    PTAB Invalidates Patent As Earbud-Makers Duel

    An earbud company convinced the Patent Trial and Appeal Board to invalidate a patent on a rival’s earbud system on Wednesday for combining existing inventions in an obvious way, drawing first blood in an industry feud involving four patent challenges and two infringement lawsuits.

  • July 21, 2017

    PTAB Says Communications Patent Ineligible For CBM Review

    The Patent Trial and Appeal Board refused Friday to review a patent for a communications system used by financial traders, finding the patent was not eligible for the America Invents Act's covered business method review program because it was not related to a financial activity.

  • July 21, 2017

    Fitbit Sways Judge On Infringement Changes In Jawbone Row

    A California magistrate judge on Friday changed her mind and allowed Fitbit Inc. to amend its patent infringement contentions against rival Jawbone, finding that the wearable fitness device company has a good reason for the changes and it’s been diligent in pursuing them.

  • July 21, 2017

    IP Hires: King & Spalding, Womble Carlyle

    In this week's intellectual property partners on the move, King & Spalding LLP adds a team of trial attorneys in New York focusing on patent, trademark and trade secret litigation, and Womble Carlyle Sandridge & Rice LLP snags a former Alston & Bird LLP attorney as a partner in Charlotte, North Carolina. Here, we offer details on these attorneys who have landed new jobs.

  • July 21, 2017

    Bayer Says ‘Flanax’ Antitrust Counterclaims Ignore Market

    Bayer AG urged a Virginia federal judge in oral arguments Friday to nix antitrust counterclaims from Belmora LLC accusing the German drugmaker of undermining the competition, arguing that those allegations, amid a trademark dispute over the “Flanax” painkiller, ignore other options on the market.

  • July 21, 2017

    UnitedHealth Unit Must Cough Up Patent Docs: Fed. Circ.

    The Federal Circuit on Thursday, in a matter of first impression, backed a district judge’s order requiring a UnitedHealth Group Inc. unit to turn over documents related to its patent for software that processes medical claims, finding that the company is bound by its predecessor's attorney-client privilege waiver.

  • July 21, 2017

    Amphastar Escapes $1B Momenta, Sandoz Infringement Suit

    A Massachusetts federal jury on Friday sided with Amphastar Pharmaceuticals in a patent battle with Momenta Pharmaceuticals and Sandoz, finding that Momenta’s patent for a generic blood thinner was invalid and that Momenta could not enforce it anyway.

  • July 20, 2017

    Ill. Man Planned To Take Trade Secrets To China, Gov't Says

    An employee of a McHenry County manufacturing firm was indicted in Illinois federal court on Wednesday on 13 counts of attempting to steal trade secrets to bring to a rival firm in China, the U.S. Attorney’s Office in Chicago announced Thursday.

  • July 20, 2017

    20 Minutes Of Research Could've Ended Book Row: Judge

    A Brooklyn federal judge on Wednesday slammed the attorneys behind a copyright suit over an Ethiopian cookbook, hitting them with sanctions and levying attorneys’ fees on their client after finding the case could have been avoided with 20 minutes of legal research.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Exhausted: Courts Reject Restraints On Alienation Of IP

    Jason Russell

    With its recent decisions in Impression Products and Kirtsaeng, the U.S. Supreme Court emphatically has endorsed a sweeping interpretation of the patent exhaustion and first sale doctrines, which is likely to have significant effects on commerce, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Distilling The 'Tequila' Trademark Trial And Appeal Board Case

    David Kluft

    Monday is National Tequila Day, and tequila manufacturers may have more reason to celebrate than usual — this year a trade association of Mexican companies finally won their battle to register "Tequila" as a certification mark in the United States, says David Kluft of Foley Hoag LLP.

  • Current Trends In Biologics-Related Inter Partes Reviews

    John Molenda

    There were roughly 100 biologics-related inter partes review petitions filed between September 2012 and April 2017. John Molenda and Richard Praseuth of Steptoe & Johnson LLP take a look at the types of patents being challenged and the success rates of those challenges.

  • Using Music In Your Work: Copyright Tips For Companies

    Joy Butler

    Music has the power to elevate the mundane and help make dry business topics more exciting and engaging. But when employees are unaware of the copyright implications of using music in presentations, web content, videos and other branded materials, businesses face the risk of copyright lawsuits and fines, says attorney Joy Butler.

  • 5 Strategies For Winning On Pre-Appeal At The USPTO

    Richard Coller

    When facing a final rejection of a utility patent application, if you feel strongly about the merits of your arguments of record but are apprehensive about proceeding with a full appeal, you may want to consider the pre-appeal brief request for review, say Richard Coller and Ian Soule of Sterne Kessler Goldstein & Fox PLLC.

  • Clearing Content For Digital Advertising: 5 Things To Address

    Benjamin Mulcahy

    The speed with which advertising content can be created and published means that advertisers must be more thorough and vigilant than ever in their clearance efforts, say Benjamin Mulcahy and Gina Reif Ilardi of Jenner & Block LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.