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Intellectual Property

  • December 3, 2018

    Producer In IP Suit With Drake Strikes Deal To Duck Trial

    A music production outfit accused by Drake of unlawfully trading on his likeness agreed Sunday to pay an undisclosed sum and to scrub its website of images of the rapper in a settlement that came just ahead of a scheduled jury trial.

  • December 3, 2018

    DLA Piper Snags Entertainment Atty From Greenberg Traurig

    DLA Piper has hired a former Greenberg Traurig LLC entertainment attorney to join the firm’s media, sports and entertainment sector, as well as its intellectual property and technology practice.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • December 1, 2018

    Trump, Xi Agree To Halt New Tariffs As Talks Continue

    President Donald Trump and Chinese President Xi Jinping emerged from a closely watched meeting Saturday night with an agreement to refrain from imposing new tariffs on one another’s goods and set a 90-day deadline to strike a broader deal to resolve their trade issues, the White House said.

  • November 30, 2018

    ASML Secures $223M Jury Verdict In Trade Secrets Row

    A jury in a California court has awarded ASML at least $223 million in a case in which the U.S. arm of the Dutch semiconductor maker alleged that rival XTAL induced employees to breach their contracts with ASML and reveal various trade secrets.

  • November 30, 2018

    Twitter, BlackBerry Sued Over Multimedia Messaging Tech

    Twitter Inc. and BlackBerry Ltd. are offering multimedia messaging services with features that infringe a patent held by Rainey Circuit LLC, the Texas-based company has alleged in two separate federal lawsuits.

  • November 30, 2018

    Treasury Limited In Offering Foreign Tax Credit Relief

    The U.S. Department of the Treasury’s proposed rules on foreign tax credits are an attempt to provide relief to U.S. multinationals facing additional tax after 2017’s federal overhaul, but the guidance’s lukewarm breaks for companies show the perceived limits of regulatory power.

  • November 30, 2018

    Priceline Founder Lambastes 'Broken' Patent System

    The founder of Priceline.com, who owns nearly 1,000 patents, expressed an extremely dim view of the patent system at a recent conference, saying that patents are nothing more than a "piece of paper" for anyone except those with deep pockets.

  • November 30, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen HSBC's private bank unit hit with an action from nearly 250 claimants, Dutch bank ABN Amro sue more than a dozen insurers and Aviva's health unit take on the Saudi Arabian embassy and government. Here, Law360 looks at those and other new claims in the U.K.

  • November 30, 2018

    Brand Battles: Brewery Says 'Team 6' Isn't Like Navy SEALs

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a brewery fights for a "Team 6" trademark after an examiner claims a link to a famous team of Navy SEALs, the Washington Nationals pick a fight with Starwood Hotels over "W," and Warner Bros. teams up with WhatsApp to block a reference to Bugs Bunny's famous catchphrase.

  • November 30, 2018

    Medtronic Owes Ind. Surgeon $112M In Royalties, Jury Finds

    An Indiana jury has found Medtronic PLC owes an Indianapolis spine surgeon $112 million for failing to pay him royalties on his spinal implant patents that he had assigned to the medical device company more than a decade ago, according to Medtronic's public filings.

  • November 30, 2018

    Checking In On SAS Institute 6 Months Later

    Six months after the U.S. Supreme Court put an end to the Patent Trial and Appeal Board’s ability to pick what claims it examines in America Invents Act reviews, the dust has begun to settle, providing a picture of what life looks like after SAS Institute.

  • November 30, 2018

    Fed. Circ. Won't Shield Atty Emails For Thermo Fisher Unit

    The Federal Circuit on Thursday refused to protect a subsidiary of Thermo Fisher Scientific Inc. from a discovery order in ongoing patent infringement litigation brought by medical supplier Becton Dickinson & Co., forcing the biotech company to hand over emails between its in-house counsel and employees that were shared with a third-party company.

  • November 30, 2018

    FTC, Qualcomm Look To Exclude Evidence From Trial

    The Federal Trade Commission and Qualcomm each have asked a California federal judge to exclude several pieces of evidence from the trial scheduled for January in the agency’s challenge of the chipmaker’s licensing practices for its cellular technology.

  • November 30, 2018

    Split Fed. Circ. Affirms Time Warner's $140M IP Loss To Sprint

    A split Federal Circuit has upheld a Kansas jury's $140 million verdict that found Time Warner Cable's internet voice service infringed five of Sprint's patents, while a judge said in a dissent that the case involves a "remarkable mismatch between the narrow patent disclosures and the exceedingly broad claims."

  • November 30, 2018

    Google Urges Full Fed. Circ. To Review 'Dangerous' IP Ruling

    Google has urged the full Federal Circuit to reconsider an earlier decision undoing an Alice win for the tech giant over three spreadsheet patents owned by a unit of patent licensing company Acacia Research, arguing that the “dangerous” ruling allows future litigants to claim that electronic versions of familiar ideas are patentable when they are not.

  • November 30, 2018

    MVP: Quinn Emanuel's Charles K. Verhoeven

    Charles K. Verhoeven, the co-chair of Quinn Emanuel Urquhart & Sullivan LLP’s national intellectual property litigation practice, headed the team representing Google’s Waymo in a high-profile case against Uber over self-driving car technology, landing him a spot as one of Law360’s 2018 Intellectual Property MVPs.

  • November 30, 2018

    IP Hires: Glaser Weil, Neal Gerber, Saul Ewing

    In this week’s round of intellectual property attorney moves, Glaser Weil takes on a veteran litigator fresh off of a Ninth Circuit win against CBS, Neal Gerber hires a partner with 10 years of experience for its Chicago office, and Saul Ewing nabs a pair of patent attorneys with more than 50 years of combined experience. Here are the details on these and other notable IP hires.

  • November 30, 2018

    Dickinson Wright Nabs 6 IP Attys In Florida, Calif., DC

    Dickinson Wright PLLC has beefed up its intellectual property practice with a group of five attorneys from Mayback & Hoffman PA, along with a former Scotts Miracle-Gro Co. trademark attorney, the firm announced.

  • November 29, 2018

    Fed. Circ. Upholds PTAB Ax Of Claims In Pipe Sealing Patent

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's determination that the asserted claims of a patent covering methods for joining and sealing pipe ends together are invalid as either obvious or anticipated.

Expert Analysis

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 1st Circ. Weighs In On Uninjured Class Members Issue

    Alden Atkins

    In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.

  • Trademark Confusion And The Confusing Eveready Survey

    Rebecca Kirk Fair

    While deciding to admit a Squirt survey in the trademark dispute Hypnotic Hats v. Wintermantel​, a New York federal court also dismissed the potential use of an Eveready​ ​survey because the senior mark is not "top of mind." This assertion, ​presented as if it were a settled matter, is in reality somewhat contentious, say members of Analysis Group Inc.

  • The Changing Supreme Court Could Change IP Law

    William Atkins

    Only a small minority of the U.S. Supreme Court has been concerned with the “administrative threat” in intellectual property law, but that may grow with the addition of Justices Neil Gorsuch and Brett Kavanaugh, say ​​​​​​​William Atkins and Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Inventor's Case Highlights Appeal Option For Rejected Patent

    Pauline Pelletier

    ​When a rejected patent​ application ​is appealed to the Patent Trial and Appeal Board​ unsuccessfully, ​the standard next step is Federal Circuit appeal. ​But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.​

  • A New Framework For 'Blocking Patents' And Obviousness?

    winston.jpg

    Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.

  • Issues High Court Will Explore In Copyright Registration Case

    Irene Lee

    Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.