Intellectual Property

  • June 27, 2017

    Judge Koh Denies Qualcomm's Bid To Nix FTC Antitrust Suit

    Qualcomm can't escape the Federal Trade Commission's antitrust suit accusing the chipmaker of using royalties and licensing agreements to maintain a market monopoly for chips used in cellular handsets, U.S. District Judge Lucy H. Koh ruled Monday, finding the enforcer has properly pled its claims.

  • June 27, 2017

    Celgard Asks High Court to Ax Fed. Circ.'s One-Line Orders

    Celgard LLC has asked the U.S. Supreme Court to review an appeal of a Patent Trial and Appeal Board decision to invalidate its lithium battery technology patent, arguing that it was unconstitutional for the Federal Circuit  to issue a one-line order to dismiss its case.

  • June 26, 2017

    SAP, HP Want Software Co. Sanctioned for 'Fishing Expedition'

    SAP America and HP urged a California federal judge on Friday to sanction a Silicon Valley software company and its attorneys for filing a new infringement suit in sprawling litigation over an e-commerce patent, saying “one attempted fishing expedition is enough."

  • June 26, 2017

    Buffalo Trace Maker Says Winery Violated TM As Trial Starts

    Sazerac Co. told a California federal judge at the start of a trademark bench trial on Monday that Fetzer Vineyards infringed Sazerac’s Buffalo Trace bourbon trademark in marketing wine to men, while Fetzer said there was no intent to copy or proof of consumer brand confusion.

  • June 26, 2017

    Bipartisan Group Urges Trump To Push India On Trade Reform

    A bipartisan quartet of leaders of key congressional committees urged President Donald Trump to press India’s Prime Minister Narendra Modi to deconstruct various trade and investment barriers while enacting market-based reforms during Monday’s visit.

  • June 26, 2017

    Disney Ducks 'Zootopia' Copyright Case, For Now

    A California federal judge on Monday tentatively tossed a copyright suit claiming The Walt Disney Co. lifted the smash animated hit “Zootopia” from a successful screenwriter’s unproduced treatment, questioning the writer's decision not to attach the purportedly infringed work to the suit but granting permission to refile a more detailed complaint.

  • June 26, 2017

    Justices Deny Case Over Differing PTAB, Fed. Circ. Rationales

    The U.S. Supreme Court on Monday refused to hear an appeal accusing a Federal Circuit panel of unfairly substituting its own reasoning for that of the Patent Trial and Appeal Board to find a transponder patent invalid as obvious.

  • June 26, 2017

    Postgame: Slants Attys Talk High Court Victory

    Following their landmark victory at the U.S. Supreme Court, members of the Archer PC team that represented The Slants talked with Law360 — about the origins of their case, about the Washington Redskins and about what the decision means for their client.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    'Steve Harvey Show' Wins Trim Of Music Co.'s $42.3M IP Suit

    A California federal judge granted “The Steve Harvey Show” a partial win Friday in a music production company’s $42.3 million copyright infringement suit alleging that the television show’s second season used unlicensed copies of its recordings, finding that it could face potential liability only on a single registered compilation of musical works.

  • June 26, 2017

    PTAB Upholds Elm Patents In Samsung-Led Challenges

    Elm 3DS Innovations LLC secured a sweeping victory at the Patent Trial and Appeal Board on Friday, when the board upheld the validity of challenged claims in several semiconductor patents that Elm has accused Samsung, Micron and SK Hynix of infringing.

  • June 26, 2017

    PTAB Nixes Unisone Inventory Patent Claims In CBM Review

    A handful of claims in a patent for inventory restocking technology are invalid following a covered business method review because the patent does not solve a “technical problem,” the Patent Trial and Appeal Board ruled Friday.

  • June 26, 2017

    Ropes & Gray Unveils Name For New Patent Prosecution Firm

    Ropes & Gray LLP has a name and two lead partners for its new patent prosecution and intellectual property rights management spinoff, the firm said Monday, bringing it a step closer to launching its new venture with 100 attorneys and staff, including a merger with boutique Shvarts & Leiz LLP.

  • June 26, 2017

    Uber Doesn’t Need To Produce More Docs In Trade Secret Row

    A California magistrate judge determined Monday that Uber Technologies Inc. doesn’t need to produce additional documents that are privileged from disclosure, saying Waymo LLC hasn’t proven that Uber hired attorneys in order to help the ride-hailing giant receive trade secrets allegedly stolen by a former Waymo employee.

  • June 26, 2017

    Insurers Aim To Exit Cummins-Allison IP Theft Row Coverage

    A pair of insurers have filed suit in Pennsylvania state court looking to avoid providing coverage to Cummins-Allison Corp. over claims that it misappropriated trade secrets from a rival as the two parties collaborated to develop new coin-counting technology.

  • June 26, 2017

    High Court Won't Hear Amazon's Alice Win On Processing IP

    The U.S. Supreme Court refused to review a Missouri-based software company’s case against the web giant Amazon Inc. on Monday after the Federal Circuit invalidated two patents related to computer processing as abstract under Alice.

  • June 26, 2017

    High Court Wants Fed. Gov't Input In $120M Samsung Appeal

    The U.S. Supreme Court on Monday invited the federal government to submit a brief in Samsung's appeal of a Federal Circuit decision that it must pay $120 million for infringing Apple’s smartphone patents, according to the high court’s federal docket.

  • June 26, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Matthew Berry

    Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.

Expert Analysis

  • What TC Heartland Could Mean For MDL Panel Patent Cases

    Timothy Sendek

    In 2016, intellectual property cases accounted for less than 5 percent of those pending before the Judicial Panel on Multidistrict Litigation. But the U.S. Supreme Court's TC Heartland decision may spark a significant uptick, says Timothy Sendek of Lathrop Gage.

  • When Trade Secrets Cases Go Criminal: Part 1

    Joshua Robbins

    A fairly routine civil trade secrets lawsuit between Uber and Waymo recently took a more dramatic turn, with a criminal referral from the presiding judge. Grand juries, federal agents and indictments are not standard fare for the lawyers who typically handle trade secrets disputes. But they may become more familiar in the years to come, say Joshua Robbins and Adam Sechooler of Greenberg Gross LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

  • Patent Exhaustion Ruling Will Affect Many Industries

    Mark Baghdassarian

    The U.S. Supreme Court’s recent expansion of the patent exhaustion doctrine in Impression Products v. Lexmark raises potentially far-reaching implications that may range from lower prices for consumer products and lower profitability for companies, to higher prices for consumer products and higher profitability for companies, say Mark Baghdassarian and Friedrich Laub of Kramer Levin Naftalis & Frankel LLP.

  • What You Need To Do Before Obtaining IP Litigation Financing

    Ashley Keller

    Given increased demand for litigation finance in the intellectual property space, it’s more crucial than ever for patent owners to understand the process for securing funding, say Ashley Keller and Katharine Wolanyk of Burford Capital LLC.

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Summary Affirmances Could Undo The Fed. Circ.

    Matthew Fagan

    For the past two years, the Federal Circuit has relied on summary affirmances in nearly 60 percent of its cases. Thus, if the U.S. Supreme Court were to find, as recent cases argue, that the law requires the Federal Circuit to issue a written opinion in all cases, it could drastically slow down the appeals process, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.

  • TC Heartland Considerations For Hatch-Waxman Cases

    Mark Deming

    The U.S. Supreme Court's TC Heartland decision may be felt strongly in the Districts of New Jersey and Delaware, which are home to more than 75 percent of Hatch-Waxman cases. Brands and generics alike will be faced with important, strategic decisions that may reshape the landscape of Hatch-Waxman litigation in the years to come, says Mark Deming of Polsinelli PC.