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Intellectual Property

  • July 11, 2018

    IP Pros Urge High Court To Hear Inequitable Conduct Case

    Several intellectual property attorneys and associations have urged the U.S. Supreme Court to review a case where a patent was rendered unenforceable over inequitable conduct during infringement litigation, warning the ruling against Regeneron Pharmaceuticals Inc. would undermine the patent system.

  • July 11, 2018

    Apple Seeks To Ditch $506M Patent Verdict In Fed. Circ.

    Attorneys for Apple on Wednesday urged a Federal Circuit panel to overturn a $506 million judgment in an infringement suit over a computer processor patent held by the Wisconsin Alumni Research Foundation, saying the jury received improper instructions from the lower court.

  • July 11, 2018

    Polsinelli Adds McGuireWoods, Kilpatrick Townsend IP Buffs

    Polsinelli LLP has added two intellectual property attorneys from Kilpatrick Townsend & Stockton LLP and one from McGuireWoods LLP across several offices in California, the firm announced Wednesday.

  • July 11, 2018

    Merus Awarded $10.5M In Mouse Patent Fight

    A New York federal judge revealed Tuesday that she had granted Kirkland & Ellis LLP-backed Merus NV's bid to collect $10.5 million in costs and attorney and expert fees from Regeneron Pharmaceuticals Inc. in an infringement dispute over a genetically modified mouse patent, holding that the request was reasonable.

  • July 11, 2018

    Ex-Uber Exec Wants Defamation Suit Separate From Waymo

    Uber Technologies Inc.’s ex-global intelligence manager urged a California federal judge on Tuesday to reject a request by his former colleagues to relate their defamation case against him to Waymo's high-profile trade secrets case that Uber settled for $245 million, arguing that the disputes have nothing in common.

  • July 11, 2018

    4 Kavanaugh Arguments You Gotta Hear

    President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.

  • July 11, 2018

    NFL Enterprises Ends Legal Fight Over Video Patent Claims

    NFL Enterprises LLC has settled a multivenue infringement fight brought by software and systems developers over their patents for online video services only a few months after a judge invalidated one of the claims, according to filings in California federal court and the Patent Trial and Appeal Board.

  • July 11, 2018

    Garmin GPS Patent Largely Survives PTAB Challenge

    Garmin left the U.S. Patent Trial and Appeal Board on Tuesday with almost all of a GPS navigation patent intact, after the PTAB upheld most of the challenged claims and allowed the company to amend two of the claims it did find invalid.

  • July 11, 2018

    Gov't Says $100M AIA Class Action Really A PTAB Appeal

    The government has asked the Court of Federal Claims to scrap a $100 million class action challenging the cancellation of an Oklahoma company’s patent in an America Invents Act review, arguing the company cannot skirt jurisdictional rules by masking an appeal of a Patent Trial and Appeal Board ruling as a constitutional claim.

  • July 11, 2018

    Avaya Seeks Dismissal Of $23.5M In Charter Ch. 11 Claims

    Avaya Inc. on Tuesday asked a New York bankruptcy court to deny a $23.5 million claim stemming from a long-standing contract dispute with Charter Communications, saying a New Jersey court has ruled in its favor at the same time the latter asked for spoliation sanctions in the case.

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

  • July 11, 2018

    McDermott Poaches IP Pro From DLA Piper In Chicago

    McDermott Will & Emery LLP has hired an “all-star” intellectual property partner for its Chicago office from DLA Piper, where she practiced for nearly 25 years and served as national hiring partner, the firm announced Wednesday.

  • July 11, 2018

    Senate Panel Gearing Up For Kavanaugh Vetting Fight

    The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.

  • July 11, 2018

    Fed. Circ. Affirms McAfee's PTAB Win Axing Antivirus Patents

    The Federal Circuit on Wednesday upheld a series of Patent Trial and Appeal Board decisions invalidating two CAP Co. Ltd. patents covering antivirus technology that had been challenged by rival McAfee LLC.

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

  • July 11, 2018

    Wrong CBM Test Used In Google, Apple Review: Fed. Circ.

    The Federal Circuit revived part of a digital rights management patent challenged by Apple Inc. and Google Inc. on Wednesday, ordering the Patent Trial and Appeal Board to reconsider whether the patent qualifies for the America Invents Act’s covered business method review program.

  • July 11, 2018

    Shire Gets $1M Less In Atty Fees Than Sought In Drug Win

    A Massachusetts federal judge awarded $1.5 million in attorneys' fees to Shire PLC on Wednesday, more than $1 million less than corporate counsel originally sought for prevailing in a patent bench trial that included a five-month intermission after the company's opponent unveiled corrected drug tests central to the case.

  • July 11, 2018

    Mass. 3D Metal Printer Rivals Face Off As IP Trial Opens

    A Massachusetts federal jury heard two rivals' differing accounts of who was the first to come up with a method for creating three-dimensional metal printing as a patent case that raced to trial in just four months opened Wednesday in a downtown Boston courtroom.

  • July 11, 2018

    WTO China Review Turns Ugly As More US Tariffs Loom

    A World Trade Organization review of China’s trade regime gave way to a contentious scrap in Geneva on Wednesday as the Asian giant swapped blows with the United States over the Trump administration’s decision a day earlier to target $200 billion worth of Chinese exports with additional duties.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

Expert Analysis

  • Design Patent Damages And The Jury's Confusion In Apple

    Derek Dahlgren

    Comments from a juror after the Apple v. Samsung trial revealed a specific problematic conclusion reached by the jury in its decision-making process, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • New Rules Give ITC Subpoena Recipients A Break

    Elizabeth Banzhoff

    Until this month, recipients of subpoenas in U.S. International Trade Commission investigations had only 10 days to move to quash, or risk waiving all objections. Now the ITC has aligned its subpoena practice with federal court procedures, a step that will likely be well-received by practitioners, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Blockchain Technology Can Help Fight Counterfeit Drugs

    Nancy Urizar

    Blockchain technology can be used to develop a system that would allow trading partners to track and trace drugs across the supply chain, ensuring that counterfeit drugs do not enter the market. However, the pharmaceutical industry will need to evaluate the legal implications of incorporating blockchain into the supply chain, says Nancy Urizar of Womble Bond Dickinson LLP.

  • An Update On DTSA And Trade Secret Damages

    Daniel McGavock

    Since the Defend Trade Secrets Act became law two years ago, there have been more than 800 related cases filed in federal district courts. Consultants at Charles River Associates provide a brief update on DTSA lawsuits and discuss two recent appellate decisions relating to damages that trade secrets litigators need to be aware of.

  • Powerful Discovery Tools In Trade Secret Litigation

    Michael Allan

    Due to the nature of trade secret cases, it is often critical for plaintiffs to obtain and preserve evidence early in discovery. Fortunately, there are a number of early discovery weapons available to trade secret litigants, including expedited discovery and ex parte seizures, say Michael Allan and Li Guo of Steptoe & Johnson LLP.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Foreign Patent Damages: A Look Back And A Look Ahead

    Alex Chan

    On Friday, the U.S. Supreme Court's ruling in WesternGeco provided much-needed clarity on the availability of foreign lost profits to patent owners. It is important to understand the history of the presumption against extraterritoriality in patent disputes and the case law leading up to this decision, says Alex Chan of Tensegrity Law Group LLP.

  • The Where, When And What Of DTSA Appeals: Part 1

    Gregory Lantier

    There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale.

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.