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Intellectual Property

  • December 4, 2018

    Fed. Circ. Reluctant To Void CBM Review Of Inventory Patent

    A Federal Circuit panel seemed skeptical Tuesday on being asked to overturn a ruling by the Patent Trial and Appeal Board that a handful of claims of a Unisone patent dealing with inventory restocking technology are invalid, appearing to back the board’s use of a covered business method review in the case.

  • December 4, 2018

    'Tariff Man' Trump Holds Open Extension Of China Truce

    President Donald Trump on Tuesday raised the possibility that his 90-day tariff ceasefire with China could be extended to allow for further negotiation while at the same declaring himself a “Tariff Man” who views the imposition of duties as a central component of his economic philosophy.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Nautilus Wins PTAB Challenges To Icon Exercise Machine IP

    The Patent Trial and Appeal Board has invalidated several claims in two Icon Health and Fitness Inc. patents covering exercise machines, determining in three separate inter partes reviews that fitness rival Nautilus Inc. has submitted sufficient evidence to establish that the claims are obvious.

  • December 3, 2018

    Fed. Circ. Allows Appeal Of Fairchild Patent Awards Issue

    The Federal Circuit agreed Monday to hear an interlocutory appeal of an order from a Delaware federal judge who took an expansive view of the WesternGeco decision by the U.S. Supreme Court allowing patent owners to recover some foreign lost profits.

  • December 3, 2018

    9th Circ. Gives EBay, Sotheby's Attys' Fees In Royalties Row

    EBay and Sotheby’s can recoup attorneys’ fees from a group of artists who unsuccessfully sued the companies under a California state royalties law, even though the Ninth Circuit had previously declared that law largely unenforceable, the federal appeals court said Monday in a published order.

  • December 3, 2018

    Calif. Jury Clears Alere In Bio Test Cup Patent Suit

    A California federal jury on Friday cleared Alere Inc. of allegations that its popular drug-screening test product, the iCup A.D., infringed Rembrandt Diagnostics LP’s patent, which describes using strips to quickly test for drugs in urine.

  • December 3, 2018

    Fed. Circ. Agitated Over Samsung, Huawei FRAND Fight

    A federal appeals court panel repeatedly questioned both Huawei and Samsung Monday about their inability to negotiate fair, reasonable and nondiscriminatory licensing rates for network patents and how the rates should be set.

  • December 3, 2018

    No Injunction For Door Maker After $1.2M Royalties Win

    North Carolina-based door manufacturer Jeld-Wen Inc. can’t force a rival to stop using its stolen trade secrets after a jury already handed Jeld-Wen $1.2 million for the misappropriation, a Virginia federal judge ruled.

  • December 3, 2018

    Bike Rally Co. Wants $207K Attys' Fees In TM Dispute

    Lawyers in a trademark-rights suit revolving around the famous South Dakota motorcycle meetup Sturgis want the Eighth Circuit to award them $207,000 in legal fees for claims on which they prevailed.

  • December 3, 2018

    Supreme Court Won't Hear IP Appeals By TVEyes, DHL

    The U.S. Supreme Court declined Monday to take up a closely watched copyright case filed by the television search engine TVEyes after it was found to have violated copyright law by offering video clips from Fox News, and declined to review a separate ruling finding California had jurisdiction over Dutch company DHL Supply Chain BV based on its software use in the Golden State.

  • December 3, 2018

    Keep Claims Alive In Trade Secrets Suit, Storage Cos. Urge

    Two construction storage companies accusing three former employees of stealing private information and creating a competing business on company time urged an Illinois federal judge not to toss their case Friday, saying their claims satisfy the low threshold to proceed under trade secret law.

  • December 3, 2018

    MVP: Susman Godfrey's Kalpana Srinivasan

    Kalpana Srinivasan of Susman Godfrey LLP has clinched multimillion dollar wins for her clients in several intellectual property disputes this year, including a $706 million jury verdict in a Texas trade secrets case, landing her a spot as one of Law360's 2018 Intellectual Property MVPs.

  • December 3, 2018

    Fed. Circ. Wary Of Zimmer Call To Cut Stryker Patent Award

    A panel of Federal Circuit judges on Monday questioned whether they should reconsider the $248 million in damages a lower court had ordered Zimmer Inc. to pay for infringing Stryker Corp.'s surgical tool patents.

  • December 3, 2018

    Fed. Circ. Urged Not To Rehear Google Patent Venue Ruling

    Seven Networks LLC on Friday urged the Federal Circuit not to reconsider a ruling that allowed a patent lawsuit it brought against Google LLC to remain in the Eastern District of Texas, saying a lower court correctly found computer servers in the district are a place of business for Google.

  • December 3, 2018

    ITC Bans Import Vacuums That Copy Roomba Maker's Patent

    The U.S. International Trade Commission has banned several rivals of the Roomba robotic vacuum maker iRobot Corp. from continuing to import and sell vacuum cleaners that rip off one of the company's patents, while also nixing another asserted iRobot patent, largely holding up most of an administrative law judge's earlier decision.

  • December 3, 2018

    New OECD Tax Proposal Would Hit Trademarks, Copyrights

    The OECD is considering an approach to taxing the digital economy similar to proposals in the 2017 U.S. tax overhaul, including giving countries more leverage to tax foreign entities that use valuable branding trademarks and copyrights to sell into their jurisdiction, a top Treasury official said Monday.

  • December 3, 2018

    Pantera Founder, Others Win Guitar Infringement Suit

    The estate of late Pantera founder and guitarist “Dimebag” Darrell Abbott has won a copyright suit filed against it by an instrument designer alleging that the estate and a guitar production company failed to pay him after continuing to sell guitars that infringed a design he had created for the late musician, with a Florida federal judge finding most of the designer’s claims were brought too late.

  • December 3, 2018

    US Unlikely To Allow Tariff Exclusions During China Truce

    White House National Economic Council Director Larry Kudlow said Monday he did not expect the Trump administration to set up a process for importers to earn exclusions from its latest round of China tariffs while the U.S. and Beijing hold broader trade negotiations.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

Expert Analysis

  • Copyright Of 'Frankenstein': 5 Things To Know

    David Kluft

    ​This year marks the 200th anniversary of "Frankenstein," and Halloween is ​the perfect time to ​explore the horror novel's relationship to copyright law, says David Kluft of Foley Hoag LLP.

  • Patent Agent Privilege Under New PTAB Claim Construction

    Linda Nattler

    With the shift to the Phillips standard for claim construction before the Patent Trial and Appeal Board, patent agents are now in a position to apply two different validity standards during prosecution and in post-grant proceedings, which raises privilege questions, say Linda Nattler and Robert Shereda of Brinks Gilson & Lione.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • ITC Lowers The Bar For Section 337 Domestic Industry

    Paul Goulet

    In a recent U.S. International Trade Commission investigation, complainant BiTMICRO was able to rely upon its research and development investments to satisfy the domestic industry requirement without meeting the higher legal threshold usually required for R&D, say Paul Goulet and Cyrus Frelinghuysen of Winston & Strawn LLP.

  • Litigation Options For Post-Cyberattack 'Active Defense'

    Alexander Berengaut

    While the legal and policy debates raised by the proposed Active Cyber Defense Certainty Act are important, they often overlook the fact that victims of hostile cyber activity may already be able to engage in the types of “active defense” measures that the act would expressly authorize, say Alexander Berengaut and Tarek Austin of Covington & Burling LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Patent Dance Developments: A Tale Of 2 Antibodies

    Ted Mathias

    For abbreviated biologic license applicants that elect to engage in the patent dance process, recent federal litigation for the antibodies trastuzumab and adalimumab in California and Delaware points to different approaches that parties can take, say attorneys at Axinn Veltrop & Harkrider LLP.

  • FRAND And Antitrust: Misconceptions Vs. Reality

    Thomas Cotter

    If you read about the role of antitrust law in regulating the conduct of standard-essential patent owners, you may find yourself a bit confused over exactly what that role is. The current state of the law is more nuanced than recent discussions suggest, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Cooperation In The US-China Race For AI Domination

    Rodger Sadler

    The U.S. and China are leading the charge on artificial intelligence. But if both try to double-lock their doors when it comes to developing and owning the technology, they run the risk of locking into mediocrity, say Rodger Sadler of Cote Capital and Chuan Shen of China's Intellectual Property Publishing House.