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Intellectual Property

  • October 15, 2018

    Tessera Tells 9th Circ. Toshiba Flouted IP Contract

    Tessera Technologies asked the Ninth Circuit Monday to revive a claim alleging Toshiba Corp. owes it more than $100 million for using its integrated circuit technology, arguing a lower court judge ended the case too soon based on her interpretation of a licensing agreement that was not “crystal clear.”

  • October 15, 2018

    Judge’s Broad View Of WesternGeco May Hike Patent Awards

    A Delaware federal judge has taken an expansive view of this year's WesternGeco decision by the U.S. Supreme Court allowing patent owners to recover some foreign lost profits, and if it is upheld, his order could lead to a significant increase in available patent damages, attorneys say.

  • October 15, 2018

    NJ Judge Tosses Suit Over 'Back To The Future' Car Royalties

    A New Jersey federal judge has scrapped a lawsuit over royalties a DeLorean automobile dealer received from the car logo’s use in merchandising materials for the “Back to the Future” film franchise, ruling Friday that the suit was barred by a settlement resolving related litigation launched by the widow of the car’s visionary.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Co. Bids To Keep CVS Unit From Clients In Trade Secrets Row

    RxStrategies, a leading program administrator for the federal 340B Drug Pricing Program, renewed its efforts Friday to stop CVS and its in-house administrator Wellpartner from allegedly misappropriating its trade secrets to steal customers, presenting evidence it says refutes several of their defenses.

  • October 15, 2018

    Abbott Says Former Exec Stole Marketing 'Playbook'

    Abbott Laboratories on Monday accused a former manager of developing the health care giant’s “playbook” for chronic pain therapy marketing while knowing he would leave for a competitor, and is now suing to block him from working for Nevro Corp.

  • October 15, 2018

    Texas Builder Says Subcontractor Stole Client, Poached Crew

    A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.

  • October 15, 2018

    Sheeran, Accusers Spar Over Meaning Of 'Stairway' Ruling

    Weeks after the Ninth Circuit revived a copyright lawsuit over Led Zeppelin’s "Stairway to Heaven," Ed Sheeran is battling with the heirs of a late songwriter over what the ruling means for their separate case over Marvin Gaye’s iconic "Let's Get It On."

  • October 15, 2018

    PTAB Axes TiVo Program-Guide Patent In Win For Comcast

    The Patent Trial and Appeal Board has found a patent covering a TV programming guide to be invalid, delivering a win to Comcast Cable Communications LLC in its wide-ranging intellectual property dispute with a TiVo Corp. subsidiary.

  • October 15, 2018

    New Trial Boutique Eschews Billable Hours, Partner Track

    Thirteen litigators have left McKool Smith to form Reichman Jorgensen LLP, a new trial boutique with offices in New York, Silicon Valley and Atlanta, leaving behind not only their previous law firm but also the billable hour as the new firm operates solely on an alternative fee basis, the firm announced Monday. 

  • October 15, 2018

    Wikipedia Warns That TVEyes Ruling Would 'Stifle' Critics

    The owner of Wikipedia is urging the U.S. Supreme Court to overturn a copyright ruling against a television search engine called TVEyes, warning that the decision would let rights owners such as Fox News "stifle criticism."

  • October 15, 2018

    Fed. Circ. To Make Briefs Publicly Available When Filed

    The Federal Circuit will soon discontinue its practice of “tendering” briefs and make all briefs publicly available the moment they are submitted on the docket, the court has announced.

  • October 15, 2018

    Qualcomm Fights Cert. Of 'Biggest Class Action In History'

    Qualcomm has asked the Ninth Circuit to review the certification of a class estimated to cover 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, saying the ruling creates "quite likely the biggest class action in history."

  • October 15, 2018

    Pharma Inventor's Ex-Wife Sues Him Over Patent Ownership

    A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.

  • October 15, 2018

    High Court Passes On Media Streaming Patent Dispute

    The U.S. Supreme Court said Monday it would not review a case against Comcast and Verizon over media streaming patents, leaving in place a ruling that found the patents were invalid for claiming nothing more than an abstract idea.

  • October 15, 2018

    Uber Failed To Prove Location Tracking Patent Invalid: PTAB

    The Patent Trial and Appeal Board has upheld two X One Inc. patents on location tracking technology, with the board finding that the claims challenged by Uber Technologies Inc. were not obvious in light of prior art.

  • October 15, 2018

    Wabtec Seeks To Block Siemens From Accessing Train Tech

    Westinghouse Air Brake Technologies Corp. sought an injunction in Pennsylvania state court Monday to stop competitor Siemens Mobility Inc. from having access to its technology through a shared client, CSX Transportation, for whom both companies are developing an automated system for signaling and controlling trains.

  • October 15, 2018

    ITC Bans Toshiba Memory Device Imports That Crib US Patent

    The U.S. International Trade Commission has banned Toshiba Corp. from importing certain memory devices that rip off Taiwan-based Macronix International Co. Ltd.’s patented semiconductor technology, reversing an earlier finding by an administrative law judge that the Japanese electronics giant’s imports did not violate tariff laws, according to a Monday notice in the Federal Register.

  • October 15, 2018

    French Gov't Agrees To Cut Corporate Patent Tax To 10%

    French ministers agreed to cut taxes on corporate patent income to 10 percent Monday as part of a wider overhaul to align the country’s research incentives with global norms.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

Expert Analysis

  • What IP Attorneys Need To Know About 5G

    Ranganath Sudarshan

    With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.

  • Opinion

    Only Congress Can Stop Courts' Patent-Eligibility Nonsense

    Nancy Linck

    The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    USPTO's Shift On AIA Claim Construction Is A Mistake

    Joshua Landau

    The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.