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Intellectual Property

  • September 7, 2018

    9th Circ. Reverses Arbitration Order Against Emirati Bank

    The Ninth Circuit on Friday reversed an order compelling an Emirati bank to arbitrate a contract dispute with a U.S. financial technology company in California instead of Dubai, saying a lower court judge wrongly concluded that the bank had waived its right to argue that the court lacked jurisdiction.

  • September 7, 2018

    Honigman Adds 2 IP Partners From Kirkland, Harness Dickey

    Honigman Miller Schwartz and Cohn LLP is continuing to ramp up its intellectual property team with the addition of partners Dennis Abdelnour and Scott Barnett, who both have experience litigating complex patent cases before the Federal Circuit and the International Trade Commission.

  • September 7, 2018

    Fla. Tech Startup Says Dutch Co. Misappropriated Property

    A Miami technology startup has accused a Dutch company started by one of its founders of misappropriating confidential information and other property used in its business, according to a lawsuit filed in Florida state court.

  • September 7, 2018

    USPTO Heads To High Court Over 'Scandalous' Trademarks

    The U.S. Patent and Trademark Office on Friday filed a petition to the U.S. Supreme Court seeking to reinstate a federal ban on the registration of "scandalous" trademarks, which an appeals court ruled unconstitutional in 2017.

  • September 7, 2018

    States Back Tribe, Allergan Fed. Circ. Bid For PTAB Immunity

    Seven states and two state universities urged the full Federal Circuit Friday to rehear a decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, saying the holding misreads the law and could subject patents owned by states to PTAB review.

  • September 7, 2018

    NFL Sued For Using Athletes' Images In Pro Bowl Promos

    A sports marketing firm has told a Florida federal court that the NFL and a chapter of the National Football League Alumni Association used the names and pictures of ex-NFL and NBA players and a former boxing champion to promote Pro Bowl events without permission.

  • September 7, 2018

    Brand Battles: Hot Pockets, Adderall, Superman

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestlé gets indigestion over "Pocket Bacon," the producer of Adderall isn't pleased about a homeopathic rival that riffs on the name, and Warner Bros. defends the Superman franchise.

  • September 7, 2018

    Fed. Circ. Affirms Win For Air Force In Antenna Patent Row

    The Federal Circuit on Friday ruled that the Air Force did not infringe an inventor’s patent relating to multi-satellite communications technology, saying that the Court of Federal Claims correctly interpreted the term “sphere” to cover at least 180 degrees.

  • September 7, 2018

    Fed. Circ. Says Game Co.'s AIA Reviews Might Be Time-Barred

    The Federal Circuit on Friday vacated Patent Trial and Appeal Board decisions in which the maker of the video game “Destiny” successfully challenged three patents on “virtual world” technology, saying the board did not properly analyze whether the petitions were filed too late.

  • September 7, 2018

    Versata, Not Ford, Owns Trade Secrets In IP Row, Judge Says

    A Michigan federal judge on Friday found as a matter of law that Versata Software Inc. does own trade secrets embedded in automotive software Ford Motor Company was licensed to use, but stopped short of finding without a trial whether Ford outright stole those secrets out from under the software maker.

  • September 7, 2018

    Fed. Circ. Ruling May Allow Some Designers Broad Patents

    The Federal Circuit’s recent decision that a single drawing of a shoe sole met the requirements for a design patent could allow some designers to obtain broader protections, making it more difficult for copycats to avoid infringement — although experts say the ruling has its limitations.

  • September 7, 2018

    ITC Judge Who Presided Over IP Probes Retires

    A U.S. International Trade Commission administrative law judge who oversaw intellectual property-related investigations involving unfair trade practices has left the enforcement agency after nearly seven years, the ITC said on Friday.

  • September 7, 2018

    Failure To Name Parent Co. Sinks Sirius PTAB Challenges

    The Patent Trial and Appeal Board on Thursday rejected Sirius XM Radio Inc.’s challenges to three satellite signal patents the broadcaster has been accused of infringing, faulting Sirius for not naming its parent company as a party interested in the proceedings.

  • September 7, 2018

    Fed. Circ. Won't Rehear Foreign IP Venue Ruling In HTC Case

    The full Federal Circuit on Thursday said it would not reconsider a May ruling against HTC Corp. that refused to limit where foreign companies can be sued for patent infringement.

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    Health Hires: Pepper Hamilton, Perkins Coie, Davis Wright

    Pepper Hamilton LLP, Perkins Coie LLP, Davis Wright Tremaine LLP, Simmons & Simmons, McKool Smith PC and Lane Powell PC are the latest firms to boost their health and life sciences offerings, with former prosecutors, antitrust experts, cannabis specialists and more.

  • September 7, 2018

    Mass. 3D Printing Co. Says Rival's Suit A Sham To Drain Cash

    An ongoing feud between a pair of Massachusetts 3D printing companies took another turn Friday when one company accused the other of filing a sham intellectual property suit in federal court with the sole intention of driving its competitor out of business, pointing to recently unearthed text messages as proof.

  • September 7, 2018

    IP Hires: Perkins Coie, Dickinson Wright, Goodwin Procter

    In this week's round of intellectual property attorney moves, Perkins Coie boosted its Silicon Valley practice with an expert in copyright, trademark and brand protection, while Dickinson Wright nabbed a patent pro for its Austin office, and Goodwin Procter landed a patent litigation specialist in California. Here are the details on these and other notable IP hires.

  • September 6, 2018

    9th Circ. Questions Halved Attys' Fees After IP Trials

    Two Ninth Circuit judges questioned a lower court’s decision to halve the attorneys’ fees awarded to a sculptor who successfully sued a Hoover Dam cafe for copyright infringement and breach of contract, noting Thursday that even though the suit had to be retried, preparation for the first trial was used for its successor.

  • September 6, 2018

    Fed. Circ. Backs Mastercard PTAB Win On Payment Patent

    The Federal Circuit on Thursday left intact a second Patent Trial and Appeal Board invalidation of an inventor’s payment patents as anticipated by prior art, following arguments by Mastercard that the PTAB carefully considered the court's remand instructions after vacating the first invalidation.

Expert Analysis

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • WesternGeco Could Lead To Cases Against Foreign Suppliers

    Jenny Colgate

    Lawyers have been speculating about the implications of the U.S. Supreme Court's decision in WesternGeco, particularly with respect to foreign lost profit damages for infringement. Less discussed, though, is the potential for a rise in induced-infringement cases against foreign suppliers, says Jenny Colgate of Rothwell Figg Ernst & Manbeck PC.

  • Questions Raised By Laws That Use Copyrighted Standards

    Matthew Zorn

    When a government incorporates a copyrighted work into law, what happens to the copyright? Last month, in American Society for Testing & Materials v. Public.Resource.Org, the D.C. Circuit sidestepped the copyrightability arguments and did not mention another issue lurking beneath the surface of this type of case — the takings clause, say Matthew Zorn and Shane Pennington of Yetter Coleman LLP.

  • Responding To Fed. Circ.'s Latest Patent Damages Test

    Eric Phillips

    Although the Federal Circuit's decision last month in Power Integrations v. Fairchild appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure, say Eric Phillips of VLF Consulting Inc. and Amol Parikh of McDermott Will & Emery LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • How Fed. Circ. Nike Ruling May Change Inter Partes Review

    Michael Fleming

    While the U.S. Supreme Court held that any inter partes review final written decision must decide the patentability of all claims challenged in the petition, it left open the question of whether the decision must address all grounds raised in the petition. The Federal Circuit recently provided an answer in Adidas v. Nike, say Michael Fleming and James Milkey of Irell & Manella LLP.

  • Opinion

    A Decade Of US Patent Reform Must Not Be Undone

    John Thorne

    Recent reforms in America's patent system have nurtured a remarkable burst of American innovation. Despite this, legislation has been filed in Congress that would effectively repeal the America Invents Act and overturn a number of U.S. Supreme Court decisions, says John Thorne of the High Tech Inventors Alliance.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Trends And Predictions For Serial Biologic Drug IPR Petitions

    Frederick Millett

    Frederick Millett and Robert Schwartz of Fitzpatrick Cella Harper & Scinto reviewed 107 biologic drug inter partes review petitions to see how the U.S. Supreme Court's SAS decision and the Patent Trial and Appeal Board's precedential General Plastic decision are likely to affect biologics IPRs.

  • Post-SAS, To File Or Not To File A Preliminary Response?

    Christopher McKee

    Following the U.S. Supreme Court's SAS decision, those faced with an inter partes review petition are unsure whether it is worthwhile for the patent owner to consider filing a preliminary response. But based on 21 recent IPR decisions to institute a trial, it appears that the preliminary response still has potential value, says Christopher McKee of Banner & Witcoff Ltd.