Intellectual Property

  • April 21, 2017

    Safety Giant UL Awarded $1M In Hoverboard Trademark Row

    A California judge Thursday ruled that a hoverboard company willfully infringed the trademark of UL LLC and awarded the testing giant $1 million, calling the need for deterrence significant because the counterfeit use of UL’s marks influences consumer understanding of their safety.

  • April 21, 2017

    Medtronic's $17M Patent Infringement Penalty Is Enhanced

    A Texas federal judge on Thursday boosted by 20 percent a $17.7 million damages judgment against Medtronic Inc. for infringement of two medical device patents, saying the add-on was warranted given evidence of “reckless” copying, though he declined to grant attorneys’ fees.

  • April 21, 2017

    Discovery Ordered In ‘Brainspotting’ TM Contempt Row

    A New York federal judge on Friday ordered a psychotherapist to turn over to a former trainee any emails naming the trainee or her trauma therapy regimen so she can search for disparaging remarks he may have made violating a settlement in their trademark row over the psychotherapist’s “Brainspotting” mark.

  • April 21, 2017

    Tech Giants Urge Trump Not To Drop Qualcomm SEP Suit

    Samsung, Intel and other companies urged President Donald Trump on Thursday to crack down on owners of standard-essential patents who don’t license them on fair terms, and to allow a Federal Trade Commission suit accusing Qualcomm of doing that to proceed in court.

  • April 21, 2017

    Fed. Circ. Says Estoppel Ends Fight Over Fairchild Patent

    The Federal Circuit on Friday ordered the Patent Trial and Appeal Board to vacate part of a decision that invalidated claims in a Fairchild (Taiwan) Corp. patent, finding that a rival’s challenge to certain claims couldn’t be maintained due to the inter partes re-examination estoppel provision.

  • April 21, 2017

    Wal-Mart Ordered To Pay $12M For Lifting Trade Secrets

    An Arkansas jury on Friday awarded digital agency Cuker Interactive LLC more than $12 million in trade secret damages from Wal-Mart Stores Inc. after it lodged counterclaims against the big-box retailer in a dispute arising from a contract for website development.

  • April 21, 2017

    Timberlake, Spears Didn’t Prove Pryor Cashman’s Fees

    A company that makes display screens for concerts told a California federal judge on Friday that Justin Timberlake and Britney Spears aren’t charging fair attorneys’ fees after the stars trounced the company's patent licensing suit, arguing the singers haven’t proven their Pryor Cashman LLP team’s rates are reasonable.

  • April 21, 2017

    Patent Atty Alleging Ford Kept Her Jobless Says Suit Has Legs

    An unemployed patent attorney told a Michigan federal court Thursday that there’s no reason to throw out her antitrust lawsuit against Ford for allegedly conspiring to keep her out of a job despite her submitting more than 600 applications to various other employers.

  • April 21, 2017

    Brand Battles: Prince, Jägermeister, Wisconsin Badgers

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Prince's estate has no "Love" for a nonprofit that's trying to register the name of the late musician's own charitable group, Jägermeister tries to stop another buck, and the University of Wisconsin asks the board to block a "salacious and derogatory" reference to the school's starting quarterback.

  • April 21, 2017

    Fed. Circ. Backs More Ford PTAB Wins On Hybrid Patents

    The Federal Circuit on Friday upheld the Patent Trial and Appeal Board’s decisions that many claims of two Paice LLC patents on hybrid vehicle technology are invalid — another victory for Ford Motor Co., which has challenged many Paice patents it is accused of infringing.

  • April 21, 2017

    Fidelity Sues Ex-Worker, Alleging Misuse Of Confidential Info

    Fidelity Brokerage Services LLC on Friday filed a lawsuit in New York federal court against one of its former employees and Citigroup Global Markets Inc., alleging that the employee, who is now working at Citigroup, is misusing Fidelity’s confidential and trade secret customer information.

  • April 21, 2017

    JPMorgan Pushed To Reveal Cybersecurity Code In IP Suit

    Patent holding company Intellectual Ventures on Thursday sought to force JPMorgan Chase & Co. to turn over source code for its cybersecurity software in New York federal court, reasoning that an expert’s testimony needed to be verified against the code itself to determine whether the technology infringes the company’s intellectual property.

  • April 21, 2017

    Meet The Attys Arguing Supreme Court Biosimilars Battle

    The U.S. Supreme Court is set to hear a blockbuster biosimilars case with multibillion-dollar implications for consumers and Big Pharma, and the outcome may well turn on arguments delivered by powerhouse litigators for Amgen and Sandoz. Law360 spoke with the attorneys representing the companies for insights into their legal strategies in Wednesday’s high-stakes showdown.

  • April 21, 2017

    Gillette's Unfair Practices Suit Against Startup Unravels

    Gillette lost yet another round in its legal rumble with a startup razor company Tuesday when a Massachusetts judge dismissed the rest of its claims against ShaveLogic over former employees allegedly taking confidential information there, but allowed ShaveLogic’s counter-claims to move forward.

  • April 21, 2017

    Polsinelli Hires IP Pro As Shareholder In SF Office

    Polsinelli PC announced Thursday the hiring of accomplished intellectual property attorney Kory Christensen, who will be joining the firm’s San Francisco office as a shareholder from Stoel Rives LLP.

  • April 21, 2017

    In-Flux DOJ Looks To Extend Deadlines In AmEx, BMI Appeals

    Two of the U.S. Department of Justice's biggest pending antitrust appellate fights against AmEx and BMI are poised to remain on ice until summer, as the watchdog waits for its new leadership to get into place.

  • April 21, 2017

    PTAB Invalidates Computer Security Patent In Sony Challenge

    The Patent Trial and Appeal Board on Thursday invalidated a patent related to internet communications that was challenged by Sony Mobile, handing the telecommunications company another victory in its global patent dispute with a Finnish cybersecurity firm.

  • April 21, 2017

    CrossFit Supplier Says Reseller Is Ripping Off Jump Rope

    A workout equipment manufacturer told a California federal court Thursday that a former reseller copies its designs for a jump rope endorsed by the popular exercise program CrossFit, demanding the reseller cease doing so and compensate the company for lost business.

  • April 21, 2017

    Honigman Miller Adds Ex-Kirkland & Ellis IP Atty In Chicago

    Honigman Miller Schwartz and Cohn LLP said this week that it has bolstered its intellectual property department in its Chicago office with the addition of a former Kirkland & Ellis LLP attorney who represents clients in life sciences and other industries.

  • April 21, 2017

    The Firms Filing The Most Copyright Cases

    The 10 law firms that filed the most copyright suits in the first quarter of 2017 all fit a very particular bill: small shops that specialize in mass filing new cases over a particular type of work, like pornography or fabric designs.

Expert Analysis

  • Tips For Finding Your Company's Hidden IP

    Neil Belson

    Research-based companies routinely fail to take full advantage of the intellectual property they already possess, particularly by focusing solely on protecting a project’s end product and overlooking other IP created during its development, says Neil Belson of Potomac Law Group PLLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • What Current Legal Developments Mean For Biosimilars

    Lisa M. Ferri

    It looks as though 2017 may be the most pivotal year yet for the Biologics Price Competition and Innovation Act. We may finally see relative consistency and certainty in its applications, allowing us to see whether or not the BPCIA can lower drug prices without compromising patient safety, say Lisa Ferri and Christopher Mikson of Mayer Brown LLP.

  • 9th Circ. Ruling Generates Copyright Preemption Confusion

    Simon Frankel

    The Ninth Circuit recently held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. While the outcome of the case may be justifiable on the facts, the decision raises more questions than it answers, further muddying the already difficult terrain of copyright preemption under Section 301, say Simon Frankel and Neema Sahni of Coving... (continued)

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • The ITC's Potential Role In Hatch-Waxman Litigation

    Wanda French-Brown

    Wanda French-Brown of BakerHostetler examines whether a branded pharmaceutical company can (or should) use the U.S. International Trade Commission as a forum to block the importation of an active pharmaceutical ingredient, any intermediates of the API, or finished generic drug products in the context of Hatch-Waxman litigation.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Divided Infringement After Eli Lilly V. Teva

    Eric Steffe

    The Federal Circuit recently addressed divided infringement in the context of the pharmaceutical industry for the first time since its ruling in Akamai. The Eli Lilly v. Teva decision provides insight to companies engaged in patenting precision medicine, say attorneys with Sterne Kessler Goldstein & Fox PLLC.