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Intellectual Property

  • July 11, 2018

    Gov't Says $100M AIA Class Action Really A PTAB Appeal

    The government has asked the Court of Federal Claims to scrap a $100 million class action challenging the cancellation of an Oklahoma company’s patent in an America Invents Act review, arguing the company cannot skirt jurisdictional rules by masking an appeal of a Patent Trial and Appeal Board ruling as a constitutional claim.

  • July 11, 2018

    Avaya Seeks Dismissal Of $23.5M In Charter Ch. 11 Claims

    Avaya Inc. on Tuesday asked a New York bankruptcy court to deny a $23.5 million claim stemming from a long-standing contract dispute with Charter Communications, saying a New Jersey court has ruled in its favor at the same time the latter asked for spoliation sanctions in the case.

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

  • July 11, 2018

    McDermott Poaches IP Pro From DLA Piper In Chicago

    McDermott Will & Emery LLP has hired an “all-star” intellectual property partner for its Chicago office from DLA Piper, where she practiced for nearly 25 years and served as national hiring partner, the firm announced Wednesday.

  • July 11, 2018

    Senate Panel Gearing Up For Kavanaugh Vetting Fight

    The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.

  • July 11, 2018

    Fed. Circ. Affirms McAfee's PTAB Win Axing Antivirus Patents

    The Federal Circuit on Wednesday upheld a series of Patent Trial and Appeal Board decisions invalidating two CAP Co. Ltd. patents covering antivirus technology that had been challenged by rival McAfee LLC.

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

  • July 11, 2018

    Wrong CBM Test Used In Google, Apple Review: Fed. Circ.

    The Federal Circuit revived part of a digital rights management patent challenged by Apple Inc. and Google Inc. on Wednesday, ordering the Patent Trial and Appeal Board to reconsider whether the patent qualifies for the America Invents Act’s covered business method review program.

  • July 11, 2018

    Shire Gets $1M Less In Atty Fees Than Sought In Drug Win

    A Massachusetts federal judge awarded $1.5 million in attorneys' fees to Shire PLC on Wednesday, more than $1 million less than corporate counsel originally sought for prevailing in a patent bench trial that included a five-month intermission after the company's opponent unveiled corrected drug tests central to the case.

  • July 11, 2018

    Mass. 3D Metal Printer Rivals Face Off As IP Trial Opens

    A Massachusetts federal jury heard two rivals' differing accounts of who was the first to come up with a method for creating three-dimensional metal printing as a patent case that raced to trial in just four months opened Wednesday in a downtown Boston courtroom.

  • July 11, 2018

    WTO China Review Turns Ugly As More US Tariffs Loom

    A World Trade Organization review of China’s trade regime gave way to a contentious scrap in Geneva on Wednesday as the Asian giant swapped blows with the United States over the Trump administration’s decision a day earlier to target $200 billion worth of Chinese exports with additional duties.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Trump Preparing To Hit China With $200B In Added Tariffs

    The Trump administration on Tuesday ratcheted up the trade war between the U.S. and China, releasing a wide-ranging $200 billion list of Chinese goods the government said it wants to hit with tariffs, from frozen fish to plastic pipes.

  • July 10, 2018

    Cosmo Hits Actavis With New Patent Suit Over Colitis Drug

    The pharmaceutical company Cosmo Technologies Ltd. has again slapped Actavis Laboratories FL with a suit alleging that Actavis’ colitis drug Uceris infringed a Cosmo patent.

  • July 10, 2018

    Fed. Circ. Cuts Damages In Crosswalk Signal Patent Case

    The Federal Circuit on Tuesday upheld a California jury’s finding that crosswalk signal maker Campbell Co. willfully infringed rival Polara Engineering’s patent, but the appellate court erased a $1 million enhanced damages award after concluding it wasn’t fully explained by the lower judge.

  • July 10, 2018

    Ex-Apple Worker Charged With Stealing Self-Driving Car IP

    A former Apple employee was charged with theft of trade secrets in California federal court Monday for allegedly downloading proprietary information related to the tech giant’s self-driving car plans just days before accepting a job with a Chinese self-driving car company.

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

  • July 10, 2018

    5 Tips For Kavanaugh As Confirmation Gets Underway

    D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.

  • July 10, 2018

    Fed. Circ. Won't Rethink Granting Google New Patent Trial

    In a nonprecedential ruling issued Tuesday, the Federal Circuit refused to review en banc its prior decision to give Google LLC a new shot at invalidating claims in four media search patents in an inter partes review.

  • July 10, 2018

    Wave Of FDA Suits Awaits If Kavanaugh Helps Trim Chevron

    Numerous legal challenges to U.S. Food and Drug Administration policies are likely if D.C. Circuit Judge Brett Kavanaugh ascends to the U.S. Supreme Court and helps persuade other justices to give less deference to regulators.

Expert Analysis

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • Rebuttal

    PTAB Policies Are Squelching Dissents

    Teddy Gron

    A Law360 article last week quoted former Patent Trial and Appeal Board judges who believe that board policies do not stymie dissenting and concurring opinions. But the policies do force three-member panels to act in unison, says Teddy Gron, of counsel at Oblon McClelland Maier & Neustadt LLP and a former administrative patent judge.

  • Alice-Proofing Your Patent Specifications

    Drew Schulte

    Tuesday marks four years since the U.S. Supreme Court shook the patent world with its Alice v. CLS Bank decision. Looking at post-Alice findings of subject matter eligibility, we have learned that specifications should be drafted to clearly describe the problem, solution and benefit of the claimed invention, says Drew Schulte of Haley Guiliano LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The SAS Case

    Gregory Castanias

    The three Jones Day partners who represented software developer SAS Institute give us a peek inside the five-year journey that took a seemingly ordinary Patent Trial and Appeal Board case to the U.S. Supreme Court this term, and changed the U.S. patent system.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Tips For Using Data Analytics In Patent Valuation

    David Grosby

    In scenarios where a patent has just issued, patent prosecution analytics can indicate the likelihood that the patent is valid, and generally inform the relative value of the patent compared to others in its technology space, say David Grosby and Adnan Obissi of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Streamlining Section 337: Some Big Changes At ITC

    Ann Fort

    Overall, the new amendments to the U.S. International Trade Commission rules governing Section 337 unfair trade practice investigations are seen as improvements. But some observers believe the increased options may slow proceedings, say attorneys with Eversheds Sutherland LLP.

  • A Growing Divide On Trademark License Rights In Bankruptcy

    Luke Barefoot

    The U.S. Supreme Court has been asked to clarify in the case of Tempnology the extent to which trademark license rights survive rejection in bankruptcy proceedings. In the meantime, licensees face continued uncertainty on their ability to use licensed trademarks following rejection, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.