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Intellectual Property

  • November 27, 2018

    Briggs Willfully Infringed Lawn Mower Patent, Judge Says

    A Nebraska federal judge on Monday reaffirmed a jury’s finding that Briggs & Stratton willfully infringed Exmark’s lawn mower patent after the Federal Circuit told the judge to take a second look at the case, finding that the jury properly considered Briggs’ state of mind at the time of the alleged infringement.

  • November 27, 2018

    Intel, Others Get Computer Network Patents Axed At PTAB

    The Patent Trial and Appeal Board on Monday invalidated the asserted claims of three patents covering certain computer network systems that were challenged by Dell, Intel and other technology companies, determining in the inter partes reviews that the claims are obvious.

  • November 27, 2018

    Software Co. Wins $7.5M In Copyright Row With AC Maker

    Software maker Ecimos LLC has won a $7.5 million judgment in its copyright suit filed in Tennessee federal court against an air conditioning manufacturer that allegedly stole its trade secrets to create copycat software, in violation of their licensing agreement.

  • November 27, 2018

    Biz Groups Make Plea For Trump To Calm China Trade Tension

    Nearly 150 industry organizations and free trade advocates on Tuesday called on President Donald Trump to end his escalating tariff battle with China at this week’s G-20 summit, saying that the duties have done nothing to budge Beijing and are hampering U.S. businesses.

  • November 27, 2018

    Fed. Circ. Gives DeLorme New Shot To Ax $6M ITC Patent Fine

    The Federal Circuit on Tuesday gave GPS technology company DeLorme a new chance to escape a $6.2 million U.S. International Trade Commission fine after the patent involved was invalidated, reversing the agency’s holding that the issue had already been resolved.

  • November 27, 2018

    MVP: Irell & Manella's Morgan Chu

    Morgan Chu of Irell & Manella LLP convinced the full Federal Circuit this year to reject the U.S. Patent Trademark Office's controversial stance that applicants who appeal to a district court must pay the agency's legal bills regardless of whether it wins or loses, earning a place among Law360's 2018 Intellectual Property MVPs.

  • November 26, 2018

    Emerson Can't Review Facebook Deal In Trade Secrets Row

    A California federal judge ruled Monday that Emerson Electric was not entitled to view former co-defendant Facebook’s confidential deal to exit data-center manufacturer BladeRoom’s trade secrets suit, rejecting its claims that the $30 million jury verdict against it should be offset by the social media giant’s payments.

  • November 26, 2018

    ThermoLife Accuses Supplement Co. Of False Advertising

    Dietary supplement maker ThermoLife International LLC has accused rival American Fitness Wholesalers LLC of unfair competition and false advertising, according to a suit entered in Arizona federal court Monday, alleging the company has been improperly labeling its products as containing "patented creatine nitrate."

  • November 26, 2018

    Telecom Must Halt $1.5B Satellite IP Suit, Chinese Co. Says

    A Dutch telecom can’t continue its $1.5 billion suit accusing the Hong Kong subsidiary of a Chinese state-owned asset management company of plotting to steal its satellite designs while similar claims are being arbitrated in Hong Kong, the company has told a California federal judge.

  • November 26, 2018

    Fish Can't Cure Nasdaq Conflict With Limited Retainer: Judge

    A New Jersey federal judge said Monday that Fish & Richardson's attempt to work around a conflict in its defense of a group of entities being sued by Nasdaq Inc. by limiting the scope of its engagement didn't work.

  • November 26, 2018

    Cloud Co. Can't Beat Suit Over Drug-Testing Software IP

    A New York federal judge on Monday denied cloud-computing company Veeva Systems’ bid to escape a suit alleging it stole proprietary software used in drug-testing trials from competitor Medidata Solutions Inc.

  • November 26, 2018

    PTAB Sinks Retail Patent Challenges Over Interested Parties

    The Patent Trial and Appeal Board has rejected a merchandising company’s challenges to patents covering product display systems, finding a private equity firm should have been named as an interested party in the proceedings.

  • November 26, 2018

    Ex-PTAB Chief Fires Back At Medtronic In Gay Bias Case

    David Ruschke, a former Patent Trial and Appeal Board chief judge, has hit back against his previous employer Medtronic’s counterclaim that he failed to repay a $250,000 loan it gave him in 2007, which the medical device maker lodged after Ruschke filed suit in California federal court alleging he was fired for being gay.

  • November 26, 2018

    Fed. Circ. Backs Brewery In Schlafly Family Trademark Feud

    Ruling against the estate of conservative activist Phyllis Schlafly, the Federal Circuit on Monday said a craft brewery run by her nephew could register the Schlafly surname as a trademark for beer.

  • November 26, 2018

    MVP: Desmarais' John Desmarais

    Desmarais LLP's founding partner, John Desmarais, successfully shepherded IBM through its first jury trial as a plaintiff in a patent infringement case this summer, securing an $82.5 million verdict for the technology giant over Groupon and earning a spot as one of Law360’s 2018 Intellectual Property MVPs.

  • November 26, 2018

    Fed. Circ. Won't Reconsider Nixing Robotics IP Under Alice

    The Federal Circuit has refused to reconsider its September ruling that parts of four robotics patents asserted against Invensys Systems Inc. and other automation companies are invalid under the U.S. Supreme Court’s Alice test.

  • November 26, 2018

    Forward Seeks 2nd Fed. Circ. Look At MS Drug Patent Case

    Forward Pharma AS has urged the full Federal Circuit to review a panel decision that prevented it from securing royalties from Biogen MA on the multibillion-dollar multiple sclerosis drug Tecfidera, saying the panel failed to resolve a key claim construction issue in the case.

  • November 26, 2018

    DLA Piper Nabs Life Sciences Pro From Goodwin

    DLA Piper has brought on a former Goodwin Procter LLP attorney with years of experience in the life sciences field working on licensing and commercial transactions, saying she has joined in northern Virginia as a partner.

  • November 26, 2018

    Neal Gerber Nabs Ex-Kirkland IP Pro In Chicago

    Neal Gerber & Eisenberg LLP has hired a former Kirkland & Ellis LLP partner with 10 years of experience in intellectual property litigation as a partner in its Chicago office, the firm has announced.

  • November 26, 2018

    E-Cig Maker Seeks ITC Probe Of Imported Cartridges

    JUUL Labs Inc. has urged the U.S. International Trade Commission to investigate whether the importation into the United States and the sales of certain electronic cigarette cartridges by two dozen different companies violate federal tariff regulations and should be barred from entry.

Expert Analysis

  • 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.

  • Opinion

    USPTO's Shift On AIA Claim Construction Is A Mistake

    Joshua Landau

    The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.