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Intellectual Property

  • November 7, 2018

    Will FTC Win 'Radically Reshape' Cell Patent Licensing?

    Chipmakers and other tech companies holding standard-essential patents may no longer be able to unilaterally dictate how they license those patents, and to whom, after a California federal judge granted the Federal Trade Commission an important procedural win Tuesday for its upcoming antitrust trial against Qualcomm.

  • November 7, 2018

    F-Squared Trustee Reaches Deal In Algorithm Licensing Row

    The liquidating trustee for F-Squared Investment Management LLC is asking the Delaware bankruptcy court to approve a settlement with the financial technology company he says licensed F-Squared the untested trading algorithm that sent it into bankruptcy.

  • November 7, 2018

    Pizza Puffs Maker Waited Too Long To Sue, Rival Says

    A Chicago pizza puff maker told an Illinois federal court Wednesday that a $220,000 verdict from a rival's trademark infringement suit should be cut down, arguing the competing bakery waited too long to sue after first sending a cease and desist letter.

  • November 7, 2018

    Fed. Circ. Upholds Nix Of Analytics Patent Under Alice

    The Federal Circuit on Wednesday refused to revive technology company PurePredictive Inc.'s claims that an open-source software company ripped off its predictive analytics patent, leaving in place a lower court's ruling saying the patent is too abstract to be valid.

  • November 7, 2018

    Fresenius Bid To Save Diprivan Patent Denied By Fed. Circ.

    The Federal Circuit shot down an effort by Fresenius Kabi USA to salvage a patent on Diprivan, siding on Wednesday with financier Kyle Bass in his push to invalidate claims over silicone-covered stoppers on vials of the anesthetic.

  • November 7, 2018

    Ranbaxy Abused Generic Drug Application Process, Suit Says

    Defunct Indian pharmaceutical company Ranbaxy has been accused in a federal lawsuit of stuffing generic drug approval queues with falsified applications and scheming to try to block other generic forms of various drugs from coming to market.

  • November 7, 2018

    Pittsburgh Artist Drops PennDOT From Destroyed Murals Suit

    A Pittsburgh mural artist agreed Wednesday to drop the Pennsylvania Department of Transportation from the long list of developers, landowners and agencies he blames in a federal lawsuit for destroying at least eight of his installations in and around the city.

  • November 7, 2018

    USPTO Taps Expert IP Attorney As Deputy Director

    The U.S. Patent and Trademark Office has appointed the former deputy general counsel of Silicon Valley-based A10 Networks Inc. as deputy director, the agency announced Tuesday.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Voting Machine Critics Tout Low-Tech Fix For Hacking Fears

    Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.

  • November 6, 2018

    Texas Energy Services Co. Has Trade Secrets Row Trimmed

    A Texas appellate court has pared down a trade secrets lawsuit brought by an energy services company against three of its former employees, holding one defendant should be let out of the suit and that the lower court too strictly limited work the trio can perform in the meantime.

  • November 6, 2018

    Welch's, Sunkist Fruit Snack Cos. End Trademark Battle

    The company behind Welch's Fruit Snacks has agreed to drop a trademark lawsuit over a rival candymaker's planned line of Sunkist gummies after the competitor agreed to scrap allegedly look-alike packaging.

  • November 6, 2018

    Internet Pirate Hit With Atty Fees After 9th Circ. Ruling

    Months after the Ninth Circuit criticized a federal judge for refusing to award attorneys’ fees to a movie producer because its actions resembled those of a "copyright troll," the same judge has reversed course and granted the company its legal bills.

  • November 6, 2018

    Qualcomm Must License Some IP To Rivals In FTC Suit

    A California federal judge found Tuesday that Qualcomm is obligated to provide licenses for its standard-essential patents to rival chipmakers, siding with the Federal Trade Commission on an important issue in the agency's challenge of the company’s broader licensing practices.

  • November 6, 2018

    Fresenius Fights Kyle Bass Diprivan Challenge At Fed. Circ.

    Drugmaker Fresenius Kabi USA urged the Federal Circuit at oral arguments Tuesday to toss a patent challenge brought by activist hedge fund manager Kyle Bass over the use of silicone to cover rubber stoppers on vials of the anesthetic Diprivan.

  • November 6, 2018

    Fed. Circ. Backs PTAB Wins For Activision On Video Game IP

    The Federal Circuit on Tuesday upheld a series of Patent Trial and Appeal Board decisions that largely favored Activision Blizzard Inc. and other video game companies in challenges to three broadcast technology patents, finding a number of claims across the patents invalid.

  • November 6, 2018

    Girl Scouts Calls TM Foul On Boy Scouts' Gender Rebrand

    The Girl Scouts of the United States of America sued the Boy Scouts of America in New York federal court Tuesday, claiming that the Boy Scouts' recent decision to admit girls to its programs infringes on the former's use of the word "Scout" and removes the core gender distinction between the two organizations. 

  • November 6, 2018

    Cell Cos. Push For Discovery Seal In Trade Secrets Suit

    American Tower Corp. and a small company that claims the cell tower giant poached its proprietary technology filed a joint motion in Massachusetts federal court Tuesday requesting that some documents obtained in discovery be kept under seal, including source code that would be viewable only on a single computer inside a locked room in an attorney's office.

Expert Analysis

  • Issues High Court Will Explore In Copyright Registration Case

    Irene Lee

    Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • 5 Things To Consider Before Heading To PTAB

    Harper Batts

    Patent Trial and Appeal Board proceedings remain powerful tools for companies accused of patent infringement. However, recent case law developments, rule changes and shifting legal frameworks have increased the hurdles faced by petitioners, say Harper Batts and Jeffrey Liang of Sheppard Mullin Richter & Hampton LLP.

  • Data Privacy Vs. Cybersecurity At Your Company

    Scott Warren

    ​Which is more important — data privacy or cybersecurity? ​M​ost in-house counsel know the answer depends on which receives the limited available compliance budget.​ But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.

  • What IP Attorneys Need To Know About 5G

    Ranganath Sudarshan

    With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.

  • Opinion

    Only Congress Can Stop Courts' Patent-Eligibility Nonsense

    Nancy Linck

    The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.