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Intellectual Property

  • August 10, 2018

    Google Gets PTAB To Nix Claims Of Traffic Forecasting Patent

    The Patent Trial and Appeal Board has nixed multiple claims in a patent related to real-time traffic forecasting technology, siding with Google that the patent claims are invalid as obvious.

  • August 10, 2018

    Hacker Stole FIFA Video Game Virtual Currency, Feds Say

    A 25-year-old Serbian man allegedly hacked into Electronic Arts Inc.'s computer network and stole the video game company’s licenses and in-game currency for its popular soccer game FIFA 2018, according to court documents filed in California federal court.

  • August 10, 2018

    IP Hires: Montgomery McCracken, Jones Day, Therium

    In this week’s round of intellectual property attorney moves, Montgomery McCracken snagged a powerful IP team from Buchanan Ingersoll, while Jones Day hired a first chair litigator in Silicon Valley, and litigation funder Therium brought a Hogan Lovells partner on board its investment team. Here are the details on these notable hires.

  • August 10, 2018

    True Value Gets Credit Card Reader Patent Suit Dismissed

    An Illinois federal judge has dismissed a suit accusing hardware store chain True Value Co. of infringing a patent for a credit card reader, saying the "paradox" and "circular reasoning" in the claim destroys the plaintiff's arguments for patent infringement.

  • August 10, 2018

    FDA Focus: What Lowenstein's Practice Chair Is Watching

    Lowenstein Sandler LLP’s James Shehan, chair of the firm’s U.S. Food and Drug Administration practice, tells Law360 he's tracking patent litigation over biosimilars, watching for new off-label promotion policies and eyeing innovative approaches to clinical trials. This is the first installment in a series of interviews with FDA practice leaders.

  • August 10, 2018

    Merus Asks High Court To Bat Down Mouse Patent Appeal

    Merus NV has urged the U.S. Supreme Court to keep in place a lower court's decision that rendered Regeneron Pharmaceuticals Inc.'s genetically modified mouse patent unenforceable due to inequitable conduct during infringement litigation, saying its rival is attempting to "rewrite history."

  • August 10, 2018

    McGuireWoods Adds Litigation, Employment Partners

    McGuireWoods has brought husband and wife Yasser and Meghaan Madriz in as partners at the firm's Houston office, bolstering its litigation and labor and employment stable.

  • August 10, 2018

    Qualcomm To Pay Taiwan Watchdog $93M To End Patent Row

    Smartphone chipmaker Qualcomm Inc. on Friday announced a $93 million settlement with Taiwan's antitrust watchdog to resolve claims the company refused to sell local manufacturers chips unless they agreed to the terms of its patent licensing, even as its licensing fight with Apple and regulators around the globe continues unabated.

  • August 9, 2018

    Fed. Circ. Affirms $4.2M Damages, $2M Fees In Game IP Row

    The Federal Circuit on Thursday affirmed a lower court decision ordering MGA Entertainment to pay $4.2 million in damages and $2 million in attorneys' fees for copying another company’s patented game, despite the toymaker’s argument the district court abused its discretion by awarding enhanced damages.

  • August 9, 2018

    Studios' Snub Shows Conspiracy, VidAngel Tells 9th Circ.

    VidAngel Inc. urged the Ninth Circuit to revive the company's antitrust counterclaims in the copyright infringement suit brought by Disney, Lucasfilm and other movie studios, saying during oral arguments Thursday that the refusal of all the major studios to play ball with the family-friendly streaming service supports an inference of a conspiracy among them.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    Condo Co. Not Owed Defense In IP Suit, 11th Circ. Affirms

    The Eleventh Circuit on Thursday ruled that Aspen Specialty Insurance Co. does not have to cover a Florida condominium group’s costs to defend a trademark infringement lawsuit filed by the owner of an Alaska hotel, agreeing with a lower court that a policy exclusion for intellectual property claims bars coverage.

  • August 9, 2018

    What You Need To Know About Patent Litigation In China

    Law360's tour of prominent patent jurisdictions around the globe focuses this week on China, where patent applications and infringement actions in specialized courts are booming, but a lack of discovery and political concerns might give pause to some foreign litigants.

  • August 9, 2018

    USPTO Plans 25% AIA Review Fee Hike Due To SAS Ruling

    The U.S. Patent and Trademark Office on Wednesday proposed increasing the fee to challenge patents in America Invents Act reviews by about 25 percent beginning in 2021, citing additional work for the office created by the U.S. Supreme Court's recent SAS Institute decision.

  • August 9, 2018

    Justices Asked To Mull AIA Reviews As Takings

    An audio device maker has urged the U.S. Supreme Court to consider whether patent claims canceled in America Invents Act reviews are regulatory takings by the government, such that patent owners are owed compensation on constitutional grounds, particularly those whose patents were filed or issued before 2011.

  • August 9, 2018

    StubHub Beats App Developer's Trade Secrets Theft Claims

    A California federal judge has awarded StubHub a win over allegations it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who allegedly used proprietary data from their former company in apps they developed for the online ticket vendor.

  • August 9, 2018

    Jaguar Abandoned 'Defender' TM, Carmaker Bombardier Says

    Jaguar Land Rover Ltd. has abandoned its trademark on the “Defender” name because it hasn’t sold one in the United States since 1998, Bombardier Recreational Products Inc. argued in legal papers filed in Michigan federal court defending its counterclaims to the former’s patent infringement suit.

  • August 9, 2018

    Citing 'Mastermind Vodka,' TTAB Rejects 'Mastermind' Beer

    The Trademark Trial and Appeal Board has ruled that consumers would confuse a craft brewer’s “Mastermind” beer brand with an already-registered “Mastermind Vodka” trademark.

  • August 9, 2018

    Ugg Maker's Patent Upheld After $5.2M Jury Win

    A California federal judge issued a findings of fact order that favored Ugg maker Deckers Outdoor Corp. following a $5.2 million verdict that held Romeo and Juliette Inc. liable for infringing two design patents.

  • August 9, 2018

    TM Suit Over Historic NOLA Market Survives Bid To Toss

    A Louisiana federal judge on Thursday kept alive the majority of the City of New Orleans’ claims against the operator of the city's historic St. Roch Market food hall in a fight over the rights to the market’s trademark, with a trademark dilution claim the only one to get the ax.

Expert Analysis

  • Praxair's New Twist On Subject Matter Ineligibility

    Paul Zagar

    Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Judge Kavanaugh On Intellectual Property

    Van Lindberg

    What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.

  • Prepare For New Claim Construction Standard At PTAB

    Matt Kamps

    The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • WesternGeco May Reshape Reasonable Royalty Damages

    Aaron Fahrenkrog

    The analysis underlying the U.S. Supreme Court's holding in WesternGeco v. Ion opens the door to arguments for reasonable royalty damages based on foreign activities arising from domestic infringement, say attorneys with Robins Kaplan LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • PTAB Institution Decisions In The Wake Of SAS

    Stephen Schreiner

    We studied more than 50 inter partes review institution decisions issued since the U.S. Supreme Court's SAS Institute ruling ended partial reviews at the Patent Trial and Appeal Board. The results to date are encouraging, say ​​​​​​​Stephen Schreiner of Goodwin Procter LLP and Maxine Graham of American Express Co.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.