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Intellectual Property

  • October 15, 2018

    Texas Builder Says Subcontractor Stole Client, Poached Crew

    A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.

  • October 15, 2018

    Sheeran, Accusers Spar Over Meaning Of 'Stairway' Ruling

    Weeks after the Ninth Circuit revived a copyright lawsuit over Led Zeppelin’s "Stairway to Heaven," Ed Sheeran is battling with the heirs of a late songwriter over what the ruling means for their separate case over Marvin Gaye’s iconic "Let's Get It On."

  • October 15, 2018

    PTAB Axes TiVo Program-Guide Patent In Win For Comcast

    The Patent Trial and Appeal Board has found a patent covering a TV programming guide to be invalid, delivering a win to Comcast Cable Communications LLC in its wide-ranging intellectual property dispute with a TiVo Corp. subsidiary.

  • October 15, 2018

    New Trial Boutique Eschews Billable Hours, Partner Track

    Thirteen litigators have left McKool Smith to form Reichman Jorgensen LLP, a new trial boutique with offices in New York, Silicon Valley and Atlanta, leaving behind not only their previous law firm but also the billable hour as the new firm operates solely on an alternative fee basis, the firm announced Monday. 

  • October 15, 2018

    Wikipedia Warns That TVEyes Ruling Would 'Stifle' Critics

    The owner of Wikipedia is urging the U.S. Supreme Court to overturn a copyright ruling against a television search engine called TVEyes, warning that the decision would let rights owners such as Fox News "stifle criticism."

  • October 15, 2018

    Fed. Circ. To Make Briefs Publicly Available When Filed

    The Federal Circuit will soon discontinue its practice of “tendering” briefs and make all briefs publicly available the moment they are submitted on the docket, the court has announced.

  • October 15, 2018

    Qualcomm Fights Cert. Of 'Biggest Class Action In History'

    Qualcomm has asked the Ninth Circuit to review the certification of a class estimated to cover 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, saying the ruling creates "quite likely the biggest class action in history."

  • October 15, 2018

    Pharma Inventor's Ex-Wife Sues Him Over Patent Ownership

    A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.

  • October 15, 2018

    High Court Passes On Media Streaming Patent Dispute

    The U.S. Supreme Court said Monday it would not review a case against Comcast and Verizon over media streaming patents, leaving in place a ruling that found the patents were invalid for claiming nothing more than an abstract idea.

  • October 15, 2018

    Uber Failed To Prove Location Tracking Patent Invalid: PTAB

    The Patent Trial and Appeal Board has upheld two X One Inc. patents on location tracking technology, with the board finding that the claims challenged by Uber Technologies Inc. were not obvious in light of prior art.

  • October 15, 2018

    Wabtec Seeks To Block Siemens From Accessing Train Tech

    Westinghouse Air Brake Technologies Corp. sought an injunction in Pennsylvania state court Monday to stop competitor Siemens Mobility Inc. from having access to its technology through a shared client, CSX Transportation, for whom both companies are developing an automated system for signaling and controlling trains.

  • October 15, 2018

    ITC Bans Toshiba Memory Device Imports That Crib US Patent

    The U.S. International Trade Commission has banned Toshiba Corp. from importing certain memory devices that rip off Taiwan-based Macronix International Co. Ltd.’s patented semiconductor technology, reversing an earlier finding by an administrative law judge that the Japanese electronics giant’s imports did not violate tariff laws, according to a Monday notice in the Federal Register.

  • October 15, 2018

    French Gov't Agrees To Cut Corporate Patent Tax To 10%

    French ministers agreed to cut taxes on corporate patent income to 10 percent Monday as part of a wider overhaul to align the country’s research incentives with global norms.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Flag Football League Says Upstart Is Stealing Its Brand

    A New York-based flag football league called foul on a rival league in a Florida federal court Thursday, seeking unspecified damages on allegations that the rival has been claiming the New York league’s events and demographics as its own to win sponsors for an Orlando tournament.

  • October 12, 2018

    PTAB Partly Axes Music Choice Patent In Row With Rival

    The Patent Trial and Appeal Board on Thursday gave a partial win to Stingray Digital Group Inc. in its bitter patent fight with rival music channel provider Music Choice, finding that part of a Music Choice patent for on-demand entertainment systems is invalid as obvious.

  • October 12, 2018

    Merck, Glenmark Tear Apart Zetia Pay-For-Delay MDL Claims

    Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. have asked a Virginia federal court to throw out three complaints in multidistrict litigation accusing them of entering into an illegal reverse-payment deal to keep a generic version of the cholesterol drug Zetia off the market.

  • October 12, 2018

    ‘Cheerleading’ Not Fraud, HP Atty Tells Startup Trial Jury

    A Hewlett Packard Malaysia manager was merely "cheerleading" when she described possible future work to a startup that now claims it was duped into providing tens of millions of dollars in free services and software, HP's attorney argued Friday at the close of a California federal trial.

  • October 12, 2018

    Chinese Spy Denies He Tried To Steal GE Aviation IP

    A member of China's intelligence agency pled not guilty Friday to charges he attempted to gather trade secrets from jet engine manufacturer GE Aviation, but an Ohio federal judge said he should remain in prison until trial, citing inconsistent accounts about his employment.

Expert Analysis

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • A Canadian Perspective On The 'New NAFTA'

    Matthew Kronby

    Last week, Canada reached agreement with the United States and Mexico on what is essentially a revised North American Free Trade Agreement. The new U.S.-Mexico-Canada Agreement alters some provisions of NAFTA, maintains others and borrows a few ideas from the Trans-Pacific Partnership, say attorneys with Borden Ladner Gervais LLP.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Opinion

    USPTO Should Fix Costly And Biased Design Patent Bar Rules

    Christopher Buccafusco

    The U.S. Patent and Trademark Office eligibility rules for design patent prosecutors are irrational, costly and biased against women’s access to a valuable part of the legal profession. A number of different approaches are available to solve the problem, say Christopher Buccafusco and Jeanne Curtis of the Cardozo School of Law at Yeshiva University.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.