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Intellectual Property

  • August 17, 2018

    Promega Gets Damages Appeal All Wrong, Life Tech Says

    Promega Corp.’s cert petition seeking additional damages from patent litigation it won over genetic-testing kits focuses on a question that has nothing to do with the actual case, Life Technologies Corp. said in urging the justices to reject it.

  • August 17, 2018

    New Post May Help Keep PTAB, Examiners On Same Page

    The news that the Patent Trial and Appeal Board's chief judge will take a newly created post coordinating between the board and patent examiners has been met with cautious optimism by attorneys, who say much can be done to better ensure both sides of the patent office reach consistent results.

  • August 17, 2018

    Book Reseller Can't Dodge $34M Infringement Verdict

    A New York federal judge on Friday rejected attempts by used bookseller Book Dog Books LLC to dodge a $34.2 million jury verdict for copyright and trademark infringement, upholding the verdict awarded to McGraw-Hill, Cengage and other publishers over Book Dog's sale of counterfeit textbooks.

  • August 17, 2018

    Atari Hits T-Shirt Retailer With Counterfeiting Suit

    Iconic video game company Atari has accused an online T-shirt retailer of selling shirts and other merchandise bearing counterfeit Atari logos not authorized by the company, according to an intellectual property suit filed in California federal court.

  • August 17, 2018

    Chicago Cubs Ripped Off Souvenir Design, Suit Claims

    A Michigan man on Friday told an Illinois federal court that the Chicago Cubs stole his design for a souvenir of the team’s 1984 National League Eastern Division championship for its souvenir of the team’s 2016 World Series win.

  • August 17, 2018

    Polsinelli Adds Another IP Buff To Its Silicon Valley Team

    Polsinelli LLP announced that it has added a former Fenwick & West LLP attorney with more than two decades of experience as a principle in its intellectual property department in Silicon Valley.

  • August 17, 2018

    Brand Battles: Hershey, Unilever, 'Game of Thrones,' NFL

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Hershey and Unilever try to break the "Ice," HBO tries to burn an application for a mythical dragon word from "Game of Thrones," and the NFL's New Orleans Saints defend the city's area code.

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    Impax Says Opana Deal Didn't Delay Competition

    Impax Laboratories Inc. has hit back at efforts to revive a pay-for-delay case over the opioid medication Opana ER, telling the Federal Trade Commission in a brief that the agreement it reached with Endo Pharmaceuticals Inc. that is being challenged is the only reason the drug is on the market.

  • August 17, 2018

    USPTO Filing Systems Not Operational Due To Outage

    Various U.S. Patent and Trademark Office online functions are currently not operational due to an outage with a key agency database, leading to delays and the use of fax machines and paper forms for completing submissions and payments.

  • August 17, 2018

    Retailers Can't Escape Duracell's TM Suit, Judge Says

    An Illinois federal judge has greenlighted Duracell's trademark suit against retailers alleging that they unlawfully sell its batteries that are not approved for sale in the U.S., finding that the nation's largest battery brand showed that the sale of "gray market" batteries would likely cause confusion among consumers.

  • August 17, 2018

    Stinson Leonard Grows In St. Louis With IP Boutique Tie-Up

    Stinson Leonard Street LLP continued its expansion streak Thursday, announcing plans to acquire 28-strong St. Louis intellectual property boutique Senniger Powers LLP, following up on two new office openings earlier this year.

  • August 17, 2018

    ITC Launches Probe Of Nikon Lithography Machines

    The U.S. International Trade Commission has launched two investigations into whether imports of certain lithography machines, specifically by Nikon Corp., infringe German lens maker Carl Zeiss AG’s intellectual property rights.

  • August 17, 2018

    PennDOT Wants Out Of Pittsburgh Artist's Lost-Murals Suit

    The Pennsylvania Department of Transportation is seeking to duck a Pittsburgh artist's federal lawsuit over the destruction of his murals, arguing Thursday that as a state agency it has sovereign immunity from the man's claims.

  • August 17, 2018

    Prenda 'Porn Troll' Atty Pleads Guilty To Fraud Charges

    A former attorney who filed thousands of copyright suits over pornography in an elaborate scheme known as Prenda Law reached an agreement Friday to plead guilty to federal fraud and money laundering conspiracy charges.

  • August 17, 2018

    Rising Star: Fisch Sigler's Jeffrey Saltman

    Fisch Sigler LLP partner Jeffrey Saltman successfully represented a patent holding company in securing more than $28 million in royalties and fees from Samsung in a battle over technology patents, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 17, 2018

    Shutts & Bowen Adds Real Estate, IP Talent In Tampa

    Shutts & Bowen LLP has expanded its real estate, intellectual property and business litigation practice groups in Tampa with the hire of a trio of new partners, the firm announced Thursday.

  • August 17, 2018

    NCAA Reforms Fail To Fix Basketball's Corruption Problem

    The NCAA recently enacted a set of sweeping reforms that provide modest benefits to the small percentage of student-athletes who pursue a professional basketball career, but experts say the changes do not adequately address the serious issues at the center of a federal corruption probe into college basketball.

  • August 16, 2018

    Judge's Wild Order Threatens To Make Warring Attys Kiss

    A Texas federal judge threatened to make opposing attorneys kiss one another at the Alamo, lamented the days when Texas cases were handled by Texas attorneys, quoted Elvis, and generally went off in an order setting a status conference for a trade secret dispute between HouseCanary Inc. and Quicken Loans.

  • August 16, 2018

    'Grand Theft Auto' Cheater Barred From Selling Cheats

    A New York federal judge issued an order Thursday stopping an unemployed Georgia man from selling cheat programs used in Grand Theft Auto video games, finding that the company behind the series of games had shown it has a good chance at proving the programs violated the company's copyright.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How Courts Approach Trade Secret Identification: Part 2

    Mark Klapow

    Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Using Ex Parte Seizures Abroad To Obtain IP Evidence

    Nicholas J. Boyle

    Practitioners should know how to use foreign search and seizure law to secure evidence of wrongdoing that can be introduced in U.S. intellectual property lawsuits. A recent copyright case, CoStar Group v. Xceligent, illustrates the benefits of invoking these ex parte provisions, say Nicholas J. Boyle and C. Bryan Wilson of Williams & Connolly LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Japan's Balanced Approach To SEP Licensing

    David Kappos

    The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.