Intellectual Property

  • February 9, 2018

    Jones Day Adds Ex-Cybercrime Prosecutor In Pittsburgh

    Jones Day has brought in a former assistant U.S. attorney who helped lead the national security and cybercrimes unit in Pennsylvania’s Western District as of counsel in the firm’s Pittsburgh office.

  • February 9, 2018

    Quinn Emanuel's Trade Secrets Chair Jumps To Skadden

    Skadden Arps Slate Meagher & Flom LLP announced Thursday that it’s snagged the head of Quinn Emanuel Urquhart & Sullivan LLP’s trade secrets practice group to join the firm’s Palo Alto, California, office.

  • February 9, 2018

    Fed. Circ. Upholds Nix Of Ad IP Asserted Against Google

    The Federal Circuit on Friday affirmed Google’s wins before the Patent Trial and Appeal Board that invalidated the asserted claims of two patents covering technology for identifying invalid clicks for online pay-per-click advertisers, confirming that the patents were eligible for the America Invents Act covered business method review program.

  • February 9, 2018

    IP Hires: Davis Polk, Arnold & Porter, Buchalter

    This week in intellectual property attorney moves, Davis Polk & Wardwell LLP scored a top intellectual property litigator, Arnold & Porter nabbed a pair of media and entertainment partners but lost a patent attorney to Venable LLP, and Buchalter PC landed three intellectual property professionals from Greenberg Traurig. Here are the details on these and other IP attorneys who have landed new jobs.

  • February 9, 2018

    ITC Receives Infringement Complaint Over Light Engines

    The U.S. International Trade Commission has received a complaint from a biotechnology company seeking an investigation into the sales and imports of certain light engines used for optical instruments, according to a filing published Friday in the Federal Register.

  • February 9, 2018

    Auctioneer Must Face Augusta National Memorabilia Suit

    A Georgia federal judge said a golf memorabilia auctioneer must face Augusta National Golf Club’s lawsuit over an online auction selling green jackets and other allegedly trademarked items related to the club and the Masters Golf Tournament, denying the auctioneer's arguments that the suit is in the wrong venue.

  • February 9, 2018

    Co. Says Ruling Means It Can Scrape Data From LinkedIn

    Data company 3Taps Inc. on Thursday hit LinkedIn Corp. with a suit in California federal court, arguing that a ruling in a separate case that allowed a job search startup to scrape data off the networking site’s public profiles should allow 3Taps to do the same.

  • February 9, 2018

    Uber, Waymo Settle Trade Secret Case Amid Trial

    Waymo and Uber have reached a settlement of their self-driving car trade secret row a third of the way through trial, with Uber agreeing to give Waymo a slice of the ride-hailing company's $72 billion equity worth approximately $245 million.

  • February 8, 2018

    Fed. Circ. Revives Knee Brace Patent Application

    The Federal Circuit on Thursday revived a patent application that would cover an elastic knee brace, determining that the Patent Trial and Appeal Board erred in rejecting it after improperly construing a key claim term.

  • February 8, 2018

    Smoking Gun Or Red Herring: Waymo, Uber Debate 14K Files

    Waymo’s attorneys questioned a small army of computer experts in a California federal court Thursday in a bid to show that 14,000 files a former employee downloaded from Waymo’s server evidenced corporate espionage meant to speed up Uber’s race toward self-driving cars, while Uber’s attorneys countered the downloads were automatic and meaningless.

  • February 8, 2018

    Purdue Says Collegium's Nucynta Sales Infringe 3 Patents

    Purdue Pharma LP on Wednesday accused Collegium NF LLC in Delaware federal court of infringing three of its patents covering a gelling agent when it started selling formulations of the opioid painkiller Nucynta.

  • February 8, 2018

    Biologic Fights Drive PTAB Drug Challenges To Record High

    The number of challenges to drug patents at the Patent Trial and Appeal Board climbed to a record high in 2017, bolstered by an increasing number of petitions targeting patents covering biologics like the mega-blockbuster breast cancer drug Herceptin.

  • February 8, 2018

    Fed. Circ. Affirms PTAB Nix Of Hot Pockets Sleeve Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board decision that invalidated as obvious a food packager’s patent covering cardboard sleeves that encase Hot Pockets and Lean Pockets freezer items.

  • February 8, 2018

    Mott's In TM Suit: I Say Clamato, You Can't Say Almato

    Mott’s LLP is accusing a Mexican food company and a U.S. distributor of infringing its trademark for its seafood-flavored Clamato tomato juice with a competing similar product called Almato, according to a complaint filed in Texas federal court Wednesday.

  • February 8, 2018

    5th Circ. Says Chinese Co. Must Pay Up In $102M Piracy Suit

    The Fifth Circuit on Wednesday affirmed a Texas district court decision to dismiss a suit filed by Chinese company Gotech seeking relief from a $102 million judgment awarded to Sweden-based Nagravision for allegedly selling set-top boxes that circumvented piracy protections, saying Gotech failed to prove that the judgment was void.

  • February 8, 2018

    ‘In The Heights’ Actress Sues Virgin Over Flight Video Clip

    A voice-over actress who played a role in the Tony award-winning musical “In the Heights” hit Virgin America with a copyright infringement suit Wednesday in California federal court, claiming the airline used a rap she created in a viral airplane safety video without her permission.

  • February 8, 2018

    Gov’t Not A Music Royalty ‘Central Planner,’ DC Circ. Told

    Royalty collector SoundExchange Inc. urged a D.C. Circuit panel Thursday to upend the federal Copyright Royalty Board's digital streaming music rates, arguing the board impermissibly based the too-low rates on a fictional marketplace and according to Congress should not be a “central planner” for royalties.

  • February 8, 2018

    Apple Sanctions Nixed In Qualcomm Antitrust Battle

    A California federal judge on Wednesday lifted a $300,000 sanctions order against Apple Inc. for missing a document production deadline in the Federal Trade Commission’s antitrust case against Qualcomm Inc., ruling that a magistrate judge cited unclear authority in issuing the order.

  • February 8, 2018

    Fed. Circ. Says Judge Jumped Gun In Giving Alice Win To HP

    The Federal Circuit ruled Thursday that a lower court wrongly found part of a digital file archiving patent HP is accused of infringing to be invalid as abstract, holding that the case involved factual issues that the judge should not have resolved on summary judgment.

  • February 8, 2018

    US Drops To 12th In Patent Protection, Report Says

    Once the world leader in patent protection, the United States has dropped to No. 12 this year, according to U.S. Chamber of Commerce rankings released Thursday.

Expert Analysis

  • Cloud-Based Patent Claims — And How Providers Can Help

    R. Paul Zeineddin

    Cloud customers may be exposed to liability for open source technologies that are buried deep within their providers’ offerings. In-house legal teams and developers need to be aware of the risk of patent litigation and the extent to which cloud providers can help mitigate these risks, says R. Paul Zeineddin of Zeineddin PLLC.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • High Court Considers Upending Patent Damages

    Rayiner Hashem

    The U.S. Supreme Court recently granted certiorari in WesternGeco v. Ion, a case that could have significant ramifications for U.S. patent holders who compete in foreign markets, say attorneys with MoloLamken LLP.

  • Beware Traps In Advisory Board Agreements

    David Leffler

    Advisory board agreements are often overlooked and ignored, and clients frequently sign them without your review. Yet, these agreements sometimes contain provisions that make breaching almost inevitable, says David Leffler of Culhane Meadows PLLC.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Sorting Out Single-Reference Obviousness At Fed. Circ.

    Andrew Bramhall

    Since 2008, Federal Circuit rulings have shown a tendency to impose on single-reference obviousness validity challenges the same set of requirements that apply when multiple references are asserted in combination, tailoring those requirements as necessary. Three recent inter partes review appeals offer important guidance to those asserting as well as those opposing single-reference obviousness, say Andrew Bramhall and Bill Margeson... (continued)

  • Opinion

    An Important Evidentiary Issue In The ‘Blurred Lines’ Appeal

    Richard Busch

    The "Blurred Lines" verdict on copyright infringement and the district court’s decision sustaining that verdict were not at all surprising, decided in conformity with well-established Ninth Circuit precedent. However, there was an evidentiary decision that, if it stands on appeal, could have far-reaching implications for future cases, says Richard Busch of King & Ballow, who represents the Gaye family in this case.

  • Fed. Circ. Presens Ruling Provides Insights On Prior Art

    Samuel Drezdzon

    The technology at issue in University of Maryland v. Presens offers patent practitioners a relatively straightforward illustration of the useful but sometimes tricky technique of starting with a primary reference’s base physical structure and/or principle of operation, and modifying it with a more narrowly tailored teaching from a second reference, says Samuel Drezdzon of Haynes and Boone LLP.

  • Tips For Overcoming Unfavorable ITC Initial Determination

    Daniel Valencia

    The adjudication process at the U.S. International Trade Commission, which involves discovery and trial before an administrative law judge, is followed by a “final initial determination” that goes to the full commission for review. This stage warrants proper attention for both complainants and respondents seeking to change the course of a Section 337 proceeding, says Daniel Valencia of Covington & Burling LLP.