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Intellectual Property

  • August 6, 2018

    Fed. Circ. Urged Not To Rehear Foreign IP Venue Ruling

    The owner of several telecommunications patents urged the Federal Circuit on Friday to leave in place its recent finding that foreign companies can be sued for patent infringement anywhere in the U.S., saying its lawsuit against Taiwan-based HTC Corp. should be allowed to proceed in Delaware.

  • August 6, 2018

    Arista Agrees To Pay Cisco $400M On Eve Of Antitrust Trial

    On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.

  • August 3, 2018

    CVS Hits Pfizer With Antitrust Suit Over Lipitor Delay

    CVS Pharmacy Inc. launched an antitrust suit in New Jersey federal court Friday accusing Pfizer Inc. of fraudulently obtaining a patent and conspiring with Ranbaxy Laboratories Ltd. to delay generic competition to the cholesterol drug Lipitor, saying the alleged scheme cost the pharmacy giant hundreds of millions of dollars.

  • August 3, 2018

    ​​​​​​​FTC Can't Block Theoretical Drugmaker Moves, Shire Says

    The Federal Trade Commission is exceeding its authority by trying to preemptively block Shire ViroPharma Inc. from petitioning the U.S. Food and Drug Administration to delay generic competition based on theoretical concerns it may do so, the drugmaker told the Third Circuit in a newly filed brief.

  • August 3, 2018

    Fed. Circ. Says Auto Parts Co. Lacks Standing In PTAB Appeal

    The Federal Circuit on Friday ruled JTEKT Corp. doesn't have standing to appeal a Patent Trial and Appeal Board decision upholding part of a patent that the auto parts maker has said poses a risk to its development of a drivetrain product.

  • August 3, 2018

    Fiat Chrysler Says Indian Look-Alike Is Ripping Off Jeep

    Fiat Chrysler has slapped an Indian competitor with a complaint claiming it ripped off the classic design of the Jeep, manufactured the automobile overseas and then sold it to consumers in the United States, telling the U.S. International Trade Commission that the trademark violation has undercut sales.

  • August 3, 2018

    PTAB Shoots Down Pfizer's Bid To Review Avastin Patent

    The Patent Trial and Appeal Board has turned down Pfizer Inc.'s challenge to a patent covering Genentech Inc.'s blockbuster cancer treatment Avastin, finding the challenger couldn't prove the patent shouldn't have been issued.

  • August 3, 2018

    2nd Circ. Restarts Long-Running 'Lucky' Trademark Fight

    The Second Circuit has revived a nearly two-decade-old trademark fight between jean maker Lucky Brand and a smaller rival, a ruling that included a first-of-its-kind application of the doctrine of res judicata.

  • August 3, 2018

    Brand Battles: Honda Aims To Block Ford 'Pilot' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Honda takes exception to a new Ford "Pilot" brand, the Children's Hospital of Philadelphia goes after a rival logo, and a battle six decades in the making erupts between Jiffy Pop and Jif.

  • August 3, 2018

    PTAB Upholds CalTech Wi-Fi Patent In Dispute With Apple

    The California Institute of Technology on Thursday notched a couple of wins in its patent fight with Apple Inc. over Wi-Fi technology when the Patent Trial and Appeal Board ruled that the iPhone maker failed to show that numerous claims in one of CalTech's patents were invalid.

  • August 3, 2018

    IP Hires: Morgan Lewis, Kilpatrick, Cozen O'Connor

    In this week’s round of intellectual property moves, Morgan Lewis & Bockius LLP landed a seven-member team of IP partners, while Kilpatrick Townsend & Stockton LLP brought on board a leading cross-border transaction specialist in San Francisco, and Cozen O'Connor snagged a trial lawyer seasoned with brand protection and trademark enforcement dispute experience. Here are the details on these and other notable hires.

  • August 3, 2018

    China Issues Fresh Tariff Threat On $60B Of US Goods

    The Chinese government teed up a new round of tariffs targeting $60 billion worth of U.S. goods Friday, ramping up its retaliation against President Donald Trump’s own sweeping tariff regime aimed at countering Beijing’s intellectual property and technology acquisition rules.

  • August 2, 2018

    GE Engineer Linked To China Stole Trade Secrets, FBI Says

    A General Electric Co. engineer involved in multiple Chinese companies has been arrested after the FBI filed a criminal complaint in New York federal court Wednesday, claiming he stole trade secrets related to turbine technology and tried to conceal them in the code of a digital photo.

  • August 2, 2018

    Judge Trims 'War Dogs' Suit Over 'American Greed' Episode

    CNBC LLC, NBCUniversal Media LLC and the production company behind CNBC’s show “American Greed” had false advertising claims trimmed Thursday from a Delaware federal court suit brought by a company affiliated with a former defense contractor whose life story became the film “War Dogs.”

  • August 2, 2018

    Facebook, Snap Can Likely Nix Just 1 Of 7 BlackBerry Patents

    A California federal judge on Thursday tentatively denied most of Facebook Inc. and Snap Inc.’s bids to invalidate seven mobile messaging patents at the heart of BlackBerry’s infringement suits against the social media giants, writing that it appears only one of the patents is invalid under Alice.

  • August 2, 2018

    Lower Award Or New Damages Trial For Unicolors In H&M Row

    A California federal judge denied H&M's bid for judgment as a matter of law following an $845,000 jury win for Unicolors, which claimed the Swedish clothing giant ripped off a jacket and shirt pattern, but ruled that H&M can pursue a new trial on damages unless Unicolors agrees to lowered damages of $266,000.

  • August 2, 2018

    Online Smoothie Startup Loses Bid To Halt In-Store Rival

    A New York federal judge remained unswayed by a frozen smoothies startup's assertion that a former partner should be stopped from launching its own brand this month, finding its trade dress is not distinctive and consumers ultimately wouldn't be confused.

  • August 2, 2018

    Artist Denied Access To Porn Pros Who Filmed In Rental Home

    An artist who’s suing an adult entertainment company for allegedly violating her copyrights by filming porn with her artwork in the background can’t have full exposure to the names of everyone involved in the shoots yet, a Massachusetts federal judge ruled Thursday.

  • August 2, 2018

    JPML Won't Centralize IP Rows Against Hulu, Netflix, Others

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday declined to centralize in Colorado or Texas federal court nine infringement suits involving digital data compression patents filed against Hulu, Netflix and others, determining that the allegations against the companies are too disparate.

  • August 2, 2018

    'Ethical NPE' Has Sights Set On China

    Amid a challenging U.S. market for patent enforcement, a new patent licensing firm that has coined the term “Ethical NPE” is turning its focus on China, with a lofty vision for the country’s first $100 million damages award.

Expert Analysis

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Fed. Circ. Clarifies Infringement Liability For Contractors

    Kara Daniels

    The Federal Circuit's recent interpretation of “manufactured” in FastShip v. U.S. will likely prove consequential for companies seeking to enforce their patent rights against federal contractors and the U.S. government under Section 1498, say attorneys with Arnold & Porter.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • What's Next For Issue Preclusion And Patent Invalidity

    John O'Quinn

    Following the Federal Circuit's recent decision in Voter Verified v. Election Systems, district courts may begin to rethink their approach to issue preclusion as it applies to patent invalidity, say John O’Quinn and Hannah Bedard of Kirkland & Ellis LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Design Patent Damages And The Jury's Confusion In Apple

    Derek Dahlgren

    Comments from a juror after the Apple v. Samsung trial revealed a specific problematic conclusion reached by the jury in its decision-making process, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.