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Intellectual Property

  • July 13, 2018

    Big Patent Paydays Remain Tough With $140M Fed. Circ. Ax

    A recent Federal Circuit ruling that threw out $140 million in patent damages won by Power Integrations Inc. shows that the appeals court is keeping a close eye on sizable verdicts and making it difficult for patentees to base damages theories on a product’s entire value, attorneys say.

  • July 13, 2018

    ACON Labs Cholesterol Strip IP Row Paused For ITC Probe

    A California federal judge on Thursday paused a case in which ACON Laboratories faces allegations that its manufacturing of certain blood cholesterol testing strips infringes patents covering monitoring systems, as the U.S. International Trade Commission moves forward with a related investigation.

  • July 13, 2018

    Bloomberg Says UBS Misused Proprietary Data

    Bloomberg Finance LP hit UBS AG with a suit in New York federal court Thursday accusing the bank of violating an agreement that bars it from redistributing proprietary data through its portfolio analysis and risk management software.

  • July 13, 2018

    IP Hires: McDermott, Polsinelli, Holland & Knight

    In this week’s round of intellectual property attorney moves, McDermott Will & Emery LLP nabbed the former chair of DLA Piper’s IP practice for its Chicago office, while Polsinelli LLP added a trio of IP attorneys from two major firms, and Holland & Knight LLP hired a dozen former Reed Smith LLP attorneys, including a longtime managing partner in Philadelphia, to help launch a new office in the City of Brotherly Love. Here are the details on these and other notable hires.

  • July 13, 2018

    Swarovksi Gets Injunction In Online Counterfeiting Battle

    An Illinois federal judge on Thursday granted Swarovski AG a preliminary injunction and preserved its access to more than 250 alleged counterfeiters' online operations to advance the jeweler's trademark suit over allegedly knockoff products.

  • July 13, 2018

    Novartis Beats PTAB Challenge To MS Drug Patent

    The Patent Trial and Appeal Board has upheld a Novartis patent covering Gilenya, a multiple sclerosis treatment, that had been challenged by several generic-drug companies.

  • July 13, 2018

    Health Hires: King & Spalding, DLA Piper, Polsinelli, Quarles

    King & Spalding LLP has hired a pair of patent pros from Paul Hastings LLP; DLA Piper has scored a health care partner from Sheppard Mullin Richter & Hampton LLP; Polsinelli PC has added a public policy shareholder from Dentons; and Quarles & Brady LLP has brought on a health and life sciences attorney from Wisconsin's Von Briesen & Roper SC.

  • July 12, 2018

    NC Immune To Suit Over Pirate Ship Pics, 4th Circ. Says

    The Fourth Circuit has ruled in favor of North Carolina in a case involving a filmmaker who sued the state for using images he took of Blackbeard’s pirate ship while it was being salvaged from the sea.

  • July 12, 2018

    Patent Holder Challenges PTAB Decision's Constitutionality

    Polaris Innovations Ltd., a subsidiary of major patent licensing firm WiLAN, urged the Federal Circuit on Wednesday to reverse a decision by the Patent Trial and Appeal Board that found all 17 challenged claims of a patent are unpatentable, arguing that the way PTAB judges are appointed is unconstitutional. 

  • July 12, 2018

    Kavanaugh’s Views Could Mean Increased Scrutiny Of USPTO

    D.C. Circuit Judge Brett Kavanaugh has a fairly sparse record on intellectual property issues, but the U.S. Supreme Court nominee’s skepticism of the power of administrative agencies could lead him to closely scrutinize decisions by the U.S. Patent and Trademark Office, attorneys say.

  • July 12, 2018

    Blockchain Looks To Avoid Patent Wars Of The Past

    It has become a familiar pattern: An innovative new technology emerges, then heated fights over intellectual property ensue. With the patent wars of the past in mind, companies are looking for ways to avoid similar fights over blockchain.

  • July 12, 2018

    China Says US Risks Being 'Enemy To All' With Trade Push

    China put out a scorching statement blasting the Trump administration for moving ahead with tariffs on $200 billion worth of its exports, saying on Thursday that the U.S. is not only putting its relationship with China at risk but becoming “an enemy to all.”

  • July 12, 2018

    Fed. Circ. Questions Patent ‘Narrowing’ In T-Mobile Row

    Patent licensing giant Intellectual Ventures I LLC appeared to encounter a sympathetic Federal Circuit panel Thursday in its efforts to revive a digital communications transmission patent asserted against T-Mobile and U.S. Cellular Corp., with the judges questioning a lower court’s apparent culling of the ways the technology can work.

  • July 12, 2018

    Indigo Didn't Take Raytheon Trade Secrets, Fed. Circ. Says

    The Federal Circuit on Thursday upheld an Eastern District of Texas jury verdict that Indigo Systems did not misappropriate trade secrets relating to infrared imaging technology owned by Raytheon.

  • July 12, 2018

    Calif. Firm Dovel & Luner Tops Cravath With Higher Pay

    Litigation boutique firm Dovel & Luner LLP has decided to offer a starting base salary of $215,000 to its associates, thus outranking the compensation scale put forth in June by Cravath Swaine & Moore LLP.

  • July 12, 2018

    Startup Tells Quicken Loans To Stop Using Trade Secrets

    The battle between Quicken Loans and a property appraisal startup continues as HouseCanary Inc. is seeking an injunction in Texas federal court to prevent Quicken Loans from using allegedly-stolen trade secrets, while a title appraisal business affiliated with Quicken Loans moved to overturn a $706 million decision in favor of HouseCanary in state court.

  • July 12, 2018

    Kilpatrick Nabs Ex-Merchant & Gould IP Pro In Silicon Valley

    Kilpatrick Townsend & Stockton LLP has hired a former Merchant & Gould PC partner in Silicon Valley who's experienced in litigating patent, trademark, copyright and trade secret disputes and advising technology clients on how to protect their intellectual property, the firm announced Tuesday.

  • July 12, 2018

    Calif. High Court Won't Revive De Havilland's FX 'Feud' Fight

    The California Supreme Court on Wednesday refused to revive a lawsuit filed by legendary actress Olivia de Havilland over her portrayal in the FX docudrama "Feud: Bette and Joan."

  • July 11, 2018

    Kavanaugh Splurged On Baseball Tix, Reports Say

    D.C. Circuit Judge Brett Kavanaugh racked up steep credit card debt in 2016 to pay for Washington Nationals tickets, according to Wednesday news reports and disclosures by the U.S. Supreme Court nominee that also show he coaches kids’ basketball and contributed to a law book without pay.

  • July 11, 2018

    9th Circ. Won't Redo 'Blurred Lines' Copyright Case

    The Ninth Circuit said Wednesday it wouldn’t overturn an earlier ruling that the hit song “Blurred Lines” infringed Marvin Gaye’s iconic “Got to Give It Up,” leaving in place a controversial copyright decision after years of litigation.

Expert Analysis

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Fed. Circ. Clarifies Infringement Liability For Contractors

    Kara Daniels

    The Federal Circuit's recent interpretation of “manufactured” in FastShip v. U.S. will likely prove consequential for companies seeking to enforce their patent rights against federal contractors and the U.S. government under Section 1498, say attorneys with Arnold & Porter.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • What's Next For Issue Preclusion And Patent Invalidity

    John O'Quinn

    Following the Federal Circuit's recent decision in Voter Verified v. Election Systems, district courts may begin to rethink their approach to issue preclusion as it applies to patent invalidity, say John O’Quinn and Hannah Bedard of Kirkland & Ellis LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.