Intellectual Property

  • August 17, 2017

    Judge Presses Play On Hulu's Licensing Suit Against TiVo

    A California federal judge said he wouldn’t dismiss Hulu LLC’s suit arguing it doesn't need to renew an expired licensing agreement for TiVo Corp.’s video searching technology, finding that a letter sent to Hulu about renewing its contract was enough to trigger subject-matter jurisdiction.

  • August 17, 2017

    Showtime Sues To Stop Mayweather-McGregor Fight Streams

    Showtime on Tuesday filed a lawsuit to stop more than 40 websites from pirating the much-hyped bout later this month pitting undefeated boxer Floyd Mayweather Jr. against Ultimate Fighting Championship lightweight champion Conor McGregor.

  • August 17, 2017

    Former FTC Litigator Joins Constantine’s Antitrust Practice

    Constantine Cannon LLP has nabbed a former Federal Trade Commission Bureau of Competition trial lawyer to join the firm's antitrust practice as a partner in its Washington, D.C., and San Francisco offices and represent health care, pharmaceutical, retail and technology clients.

  • August 17, 2017

    FTC Wins Injunction In Fla. Invention-Promotion Scam Suit

    The Federal Trade Commission won a preliminary injunction Wednesday against the operators of an invention-promotion company that allegedly duped consumers out of about $26 million, as the judge found proof of material misrepresentations and a likelihood the government will prevail on the merits.

  • August 17, 2017

    Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

    The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK.

  • August 17, 2017

    Google Genericide Case Heads To Supreme Court

    Three months after it was shot down by the Ninth Circuit, a case that aims to prove that “google” has become a generic verb that cannot be protected by trademark law is headed for the Supreme Court.

  • August 17, 2017

    3 Tips For Managing Your Cases At The PTAB

    America Invents Act reviews at the Patent Trial and Appeal Board can be a powerful tool for companies looking to take down a patent. But the board has shown little patience for missteps and blown deadlines. Here, experts share tips on how to manage cases and avoid blunders that can sink a case.

  • August 17, 2017

    Fed. Circ. Upholds Travel Sites' Win In Cronos Patent Suit

    A Federal Circuit panel on Thursday affirmed a trial court’s ruling that Expedia Inc., Inc. and LP did not infringe Cronos Technologies LLC’s patented online shopping cart system, saying the ruling correctly interpreted the meaning of certain key terms in the patent.

  • August 17, 2017

    Fed. Circ. Affirms PTAB Nix Of Root Canal Patent As Obvious

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's invalidation of a patent covering a method for making root canal instruments, agreeing that the patented method was obvious in view of prior art.

  • August 17, 2017

    No Inequitable Conduct In Toy IP Suit, Texas Judge Says

    An Eastern District of Texas judge said two Bunch-O-Balloons patents should not be found unenforceable for inequitable conduct, deciding that failure to provide a patent examiner with a copy of a relevant Patent Trial and Appeal Board decision was not a basis for punishment.

  • August 17, 2017

    Comcast Can’t Increase $1.5M Award In Sprint Text IP Suit

    A Pennsylvania federal judge on Wednesday denied Comcast Cable Communications’ request for a new trial to increase the $1.5 million jury award it received in its patent suit accusing Sprint Communications Company of stealing text message technology, saying there was sufficient evidence to support the jury’s decision.

  • August 17, 2017

    Fed. Circ. Won't Redo T-Mobile Win In $100M Prism Patent Suit

    The Federal Circuit on Thursday refused Prism Technologies LLC’s request to revisit a decision that upheld the nixing of the company’s $100 million infringement lawsuit against T-Mobile and invalidated its network authentication patents.

  • August 17, 2017

    SolarCity Must Face Cogenra's Unfair Competition Suit

    Elon Musk's solar power company SolarCity Corp. can't escape a competitor’s unfair and unlawful competition suit alleging it stole trade secrets after breaking a promise to partner because it’s plausible Cogenra Solar Inc. relied on that promise when it turned down offers from other interested parties, a California federal judge said on Wednesday.

  • August 17, 2017

    FTC Pushes To Protect Informants In Qualcomm Antitrust Suit

    The Federal Trade Commission on Wednesday provided a California federal judge with a privilege log in support of the agency’s argument that it shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, as well as a supplemental letter from the European Commission director-general for competition.

  • August 17, 2017

    Pence Lauds Chile FTA But Nudges For Better IP Compliance

    Vice President Mike Pence offered mostly kind words for the U.S. free trade agreement with Chile on Wednesday but also said that Santiago could improve its compliance with the pact’s intellectual property provisions.

  • August 17, 2017

    Tech Group Wants Forward-Looking NAFTA On IP, Digital

    As the Trump administration forges ahead with the first round of negotiations to revamp the North American Free Trade Agreement this week, a leading tech industry organization has called on officials to make sure they tackle modern trade challenges in areas such as intellectual property and digital trade flows.

  • August 16, 2017

    Syl Johnson Asks 7th Circ. To Rethink 'Different Strokes' Suit

    Soul singer Syl Johnson asked the Seventh Circuit on Wednesday to rehear en banc a ruling dismissing his suit claiming that music's biggest recording labels sampled his song "Different Strokes" without getting his permission or paying him royalties. 

  • August 16, 2017

    Waymo Jury May Learn Of Uber’s Shady Discovery Tactics

    U.S. District Judge William Alsup said Wednesday he might allow Waymo to tell a California federal jury that Uber was evasive about providing evidence the head of its self-driving car division stole trade secrets from Waymo before quitting his job there, saying the panel should know “how they hide the ball.”

  • August 16, 2017

    Fed. Circ. Says Video-Streaming Patents Invalid Under Alice

    The Federal Circuit affirmed a Delaware district court ruling that two video-streaming patents that VideoShare LLC accused YouTube LLC and its parent company Google Inc. of infringing are invalid under the U.S. Supreme Court’s Alice decision because they only cover the abstract idea of sharing streaming video online.

  • August 16, 2017

    Latham Win Hones Tool Against Malicious Prosecution Suits

     A California high court decision that an earlier ruling in favor of a Latham & Watkins LLP client protects the firm from malicious prosecution claims, despite a later bad-faith finding against the client, reinforces that such suits can only be brought over the most meritless of allegations and buttresses a key defense for firms, experts say.

Expert Analysis

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Why ITC Is Increasingly Attractive For Patent Holders

    Ajay Mago

    U.S. Supreme Court decisions over the past 15 years are limiting patent holders’ rights, and the recent TC Heartland and Lexmark decisions seem to hew to that direction. The legal community is learning that the U.S. International Trade Commission offers patent holders significant advantages compared to federal court, say Ajay Mago and Scott Anderson of Culhane Meadows PLLC.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.

  • 4 Cases That Could Affect Gov't Contracts For Tech

    Kristen Ittig

    The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is unusual that the past few months have brought so many decisions relevant to this area of law, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How Fed. Circ. Missed The Intent Behind CBM: Part 2

    Robin McGrath

    It is hard to see how anyone reviewing the legislative history could conclude that Congress intended the covered business method program to be anything other than a cost-savings tool to be used in connection with virtually any nontechnological business method patent with a commercial nexus. As such, it is unclear why the Federal Circuit in Secure Axcess v. PNC Bank felt constrained to limit the program’s reach in the manner that it... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.