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Intellectual Property

  • June 18, 2018

    High Court Won't Look At PTAB Ruling Over Time-Bar Issue

    The U.S. Supreme Court on Monday refused an inventor’s case that claimed the Patent Trial and Appeal Board instituted an America Invents Act review of his decorative garden light patent, ultimately invalidating it, despite the patent’s challengers having filed a lawsuit against him more than a year prior.

  • June 18, 2018

    Trump Ups Tariff Ante By Targeting $200B In Chinese Exports

    The escalating tariff battle between the U.S. and China took another dramatic turn Monday as President Donald Trump said he will consider duties on another $200 billion worth of Chinese goods in an effort to undo the country's purportedly discriminatory intellectual property and technology acquisition rules.

  • June 18, 2018

    Beats Designer Calls $107M Royalties Bid 'Dishonest'

    A designer who worked on the headphones at the heart of a $107 million royalty dispute between a businessman and Beats Electronics founders Jimmy Iovine and Dr. Dre told a California jury Monday that he declined to join the suit because he thought going after more royalties would be “dishonest.”

  • June 18, 2018

    Fed. Circ. Revives Part Of Seismic Survey Patent

    The Federal Circuit on Monday found that part of a patent related to marine seismic survey technology was invalid, although the court said the Patent Trial and Appeal Board was wrong to ax more of the patent on rehearing.

  • June 18, 2018

    PTAB Rejects Samsung Challenge To Herceptin Patent

    The Patent Trial and Appeal Board on Monday rejected a bid from Samsung Bioepis Co. Ltd. for review of a patent covering the cancer drug Herceptin, finding Samsung’s arguments were essentially the same as other drug companies that challenged the patent.

  • June 18, 2018

    Fed. Circ. Backs Split Navy Patent Decision, Boosts Damages

    The Federal Circuit in a decision made public Monday upheld a ruling that one of the U.S. Navy’s littoral combat ships had infringed on a company’s fast ship patents and that another vessel had not, while slightly upping the damages award to $7.1 million.

  • June 18, 2018

    TTAB Refuses 'Dead Bird' Beer Marks, Citing 'Deadbird' Wine

    The Trademark Trial and Appeal Board has refused a beer maker’s bid to register its marks for “Dead Bird Brewing Company” in light of a wine company’s mark for “Deadbird” wines, finding that the “highly related” marks for beer and wine would likely confuse consumers.

  • June 18, 2018

    Sprint's VoP Patent Suits Lack Specifics, Court Told

    Leading cable television operators and telecommunication providers have pushed back against a trio of patent lawsuits filed by Sprint over Voice-over-Packet technology that facilitates phone calls, telling a Delaware federal judge the company is lumping them all together instead of explaining to each what they allegedly did.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Fisher Phillips Nabs 2 Constangy Brooks Employment Vets

    Fisher Phillips said on Monday it has deepened its bench in three different cities with the addition of two labor and employment partners and one lawyer who will serve as of counsel, announcing that the two partners have come from Constangy Brooks Smith & Prophete LLP.

  • June 18, 2018

    Goodwin Snags 4-Atty IP Tech Team From Greenberg Traurig

    Goodwin Procter LLP has lured a team of four intellectual property litigators from Greenberg Traurig LLP with significant experience in the technology sector for its Washington, D.C., office, the firm announced Monday.

  • June 18, 2018

    Amazon Scores Win In Kaavo's Cloud-Computing Patent Suit

    A Delaware federal judge on Monday granted Amazon a win in its fight against Kaavo’s patent infringement suit, refusing to change his mind on an earlier order that invalidated most claims in Kaavo’s cloud-computing patent and finding that the remaining claims are invalid as abstract.

  • June 18, 2018

    Ferring Will Face Counterclaims In $165M Patent Deal Row

    A New York federal judge has said two pharmaceutical companies run by former Ferring BV researchers may proceed with counterclaims against their former employer over who owns the intellectual property rights to an antidiuretic, finding that they had enough of a financial interest to challenge the patents.

  • June 18, 2018

    Lindquist Fights Nix Of Arbitration In Laser-Tech Advice Row

    Ballard Spahr LLP acquisition Lindquist & Vennum LLP is asking a Pennsylvania appeals court to consider whether the firm should be allowed to arbitrate claims that it provided faulty legal advice to a medical supply company about its ability to rent out patented laser technology.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    KAIST Wins $400M Patent Verdict Against Samsung, Others

    A Texas federal jury awarded the intellectual property arm of a South Korean research university $400 million Friday in a case accusing Samsung Electronics Co. Ltd., Qualcomm Inc. and GlobalFoundries Inc. of infringing a patent related to semiconductor technology, the plaintiff’s attorneys told Law360.

Expert Analysis

  • Opinion

    The Fight Against NPEs, 1 Year After TC Heartland

    Rachel Wolbers

    As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • An Uptick In PTAB's Motion To Amend Grant Rate

    Justin Krieger

    The Patent Trial and Appeal Board has long been hesitant in granting motions to amend, but recent statistics show that the board is granting them with greater frequency. Patent owners should increasingly consider adding motions to amend to their overall inter partes review and post-grant review strategy, say Justin Krieger and Christopher Thomas of Kilpatrick Townsend & Stockton LLP.

  • Ambush Marketing — Will It Kick Off At 2018 World Cup?


    With the World Cup about to hit our screens, the temptation for some businesses that lack the badge of "official sponsor" to promote their global brand will be great. But, however tempting, the stakes for those so-called ambush marketers are high, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Opinion

    We Must Protect The PTAB

    Dana Rao

    Some people are intent on convincing newly appointed U.S. Patent and Trademark Office Director Andrei Iancu to roll back post-grant review procedures. The innovation community needs to remind Iancu why the patent reform gains of the last few years are so critical, says Dana Rao, associate general counsel of intellectual property and litigation at Adobe Systems Inc.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • The Latest PTAB Guidance On Motions To Amend

    James Stein

    In dealing with the fallout from the U.S. Supreme Court's SAS Institute decision, some may have overlooked a recent order in Western Digital providing the Patent Trial and Appeal Board’s most up-to-date guidance on motions to amend, say James Stein and David Reese of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.