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Intellectual Property

  • June 8, 2018

    Huawei Can Keep $600K Atty's Fees After Pro Se Nightmare

    The Eastern District of Texas was right to award Huawei Technologies Co. Ltd. more than $600,000 in attorney’s fees for fighting patent litigation brought by a pro se plaintiff who tried to exploit the legal system in the hopes of bringing home a settlement, the Federal Circuit said Friday.

  • June 8, 2018

    6 Weeks After SAS Institute: Here's What We Know

    The U.S. Supreme Court’s decision to end the Patent Trial and Appeal Board’s ability to pick what claims it scrutinizes in America Invents Act reviews has forced courts and the board to re-examine common practices in order to comply, and over the past six weeks, experts have noticed a new landscape taking shape.

  • June 8, 2018

    Facebook Slams Emerson's Attempt To See BladeRoom Deal

    Facebook told a California federal judge Thursday that Emerson Electric, which is facing a $30 million jury verdict for stealing BladeRoom Group Ltd.'s intellectual property, can’t see a confidential deal that allowed the social media giant to exit the same litigation.

  • June 8, 2018

    Par Infringed Colonoscopy Drug Patents, Fed. Circ. Affirms

    The Federal Circuit on Friday upheld a Delaware federal judge’s finding that Par Pharmaceutical Inc. infringed two of Ferring Pharmaceuticals Inc.’s patents covering the colonoscopy drug Prepopik, shooting down Par’s argument that key terms were never defined properly before the trial.

  • June 8, 2018

    Banner & Witcoff Nabs Hunton Andrews Patent Attorney

    Intellectual property firm Banner & Witcoff Ltd. has scooped up a veteran patent litigator from Hunton Andrews Kurth LLP who specializes in electronics and children’s products.

  • June 8, 2018

    Copyright Boutique Fights McGraw-Hill’s DQ Bid In Photo Suit

    A copyright law boutique urged a New York federal judge Thursday to let it keep representing a photographer suing McGraw-Hill over a licensing agreement, saying the publisher’s bid to disqualify the attorneys is based on spurious claims the firm sought to acquire confidential information from a former McGraw-Hill employee.

  • June 8, 2018

    Penthouse Bankruptcy Ends 'Caligula' IP Suit

    A California federal court Wednesday ended Penthouse Global Media Inc.’s suit against a digital media holding company over the rights to the 1979 film “Caligula” and the OMNI trademark after Penthouse said its intellectual property was sold in a bankruptcy auction earlier in the week.

  • June 8, 2018

    In Converse Chuck Taylor Case, Fed. Circ. Has New Questions

    The Federal Circuit issued a surprising order Thursday asking for additional briefing in a closely watched trademark case brought by Converse Inc. over the design of its Chuck Taylor sneaker.

  • June 8, 2018

    IP Hires: Gibson Dunn, Drinker Biddle, Umberg Zipser

    In this week’s round of intellectual property attorney moves, Gibson Dunn landed the appellate lawyer who argued the premier IP case this U.S. Supreme Court term and will lead the firm’s appellate practice in Texas, while Drinker Biddle & Reath brought on the former leader of Dentons’ U.S. trade secrets practice, and Umberg Zipser hired a partner with 23 years of experience in complex IP litigation. Here are the details on these notable hires.

  • June 8, 2018

    Shearman & Sterling Adds King & Spalding IP, Privacy Partner

    Shearman & Sterling LLP has nabbed a former King & Spalding LLP partner for its intellectual property transactions practice, bolstering its offerings in the Bay Area with her expertise in handling technology deals, as well as privacy and cybersecurity concerns.

  • June 8, 2018

    'Natten's' Sausage Vendor In Hot Water With Nathan's Famous

    A federal judge on Friday ordered a Central Park vendor to cease operating a "Natten's Famous" food cart, issuing a temporary injunction after New York hot dog giant Nathan's sued him for trademark infringement.

  • June 8, 2018

    ITC Urged To Investigate Canadian Convertible Sofas

    An Ohio furniture maker has asked the U.S. International Trade Commission to investigate the import and sale of a Canadian rival's specialty convertible sofas, which the U.S. company claims are a “colorable imitation” of its own products.

  • June 7, 2018

    Beats Was 'My Product,' Man Suing For Royalties Tells Jury

    A businessman suing Beats Electronics LLC and founders Dr. Dre and Jimmy Iovine for $107 million in headphone royalties told a California jury during Thursday testimony that the celebrity-branded premium headphone line was his idea, and Dre and Iovine were “just the celebrity endorsement partner for my product.”

  • June 7, 2018

    PTAB Nixes Patent For Valeant's Antifungal Jublia

    The Patent Trial and Appeal Board on Wednesday invalidated the entirety of a Kaken Pharmaceutical Co. patent used to create Valeant Pharmaceuticals International Inc.’s antifungal medication Jublia, finding that it had been anticipated by a series of prior art.

  • June 7, 2018

    JPML Sends 48 PersonalWeb Cloud Patent Suits To Calif.

    The Judicial Panel on Multidistrict Litigation on Wednesday centralized in California’s Northern District court 48 cloud computing patent infringement suits filed by software developer PersonalWeb Technologies LLC, saying Amazon’s feud with the company over whether its claims have already been decided does not merit a stay.

  • June 7, 2018

    4 Things To Know About New PTAB Amendment Guidance

    The Patent Trial and Appeal Board recently issued an informative decision about amendments to patent claims in America Invents Act reviews, shedding light on the board's thinking about what constitutes a "reasonable" number of amendments and other issues. Here are some takeaways for attorneys.

  • June 7, 2018

    Fed. Circ. Asks USPTO If Wi-Fi One Deserves 2nd Rehearing

    The Federal Circuit asked the U.S. Patent and Trademark Office on Thursday whether it should give Wi-Fi One LLC another chance in front of the full Federal Circuit, as it tries to salvage its messaging patents after winning a ruling earlier this year that opened the door for more appeals of Patent Trial and Appeal Board decisions.

  • June 7, 2018

    Fed. Circ. Provides Post-SAS Guidance In PGS Patent Row

    The Federal Circuit upheld Patent Trial and Appeal Board decisions that invalidated part of a PGS Geophysical AS patent covering systems for marine seismic surveying, in a ruling Thursday that provides insight into how the circuit views certain issues in the wake of the U.S. Supreme Court’s SAS Institute decision.

  • June 7, 2018

    MLB Pitcher Sues Training Camp For Using Image

    Major League Baseball pitcher Trevor Bauer has sued a Louisiana baseball training program in federal court, saying it used his name and likeness without permission.

  • June 7, 2018

    RPX Hit With Shareholder Class Action Over $555M Buyout

    An RPX Corp. shareholder sought to stall the patent risk and discovery management firm’s $555 million acquisition by the private equity firm HGGC LLC, alleging in a proposed class action filed in California federal court Thursday that RPX didn’t go to the highest bidder and that public filings on the deal lacked detail.

Expert Analysis

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • A Way To Improve PTAB Ex Parte Appeals

    William Smith

    If the Patent Trial and Appeal Board wants to significantly improve the predictability of its decisions — a priority for U.S. Patent and Trademark Office Director Andrei Iancu — it should limit its review of the merits in ex parte appeals to the facts and reasons in the “statement of rejection” section of the examiner’s answer, say William Smith and Allen Sokal of BakerHostetler.

  • Make Sure To Own The Architectural Plans That You Paid For

    Stacy Bercun

    Standard form architect agreements provide significant protections to architects and their firms, which may result in an architect having too much control over an owner's construction project. Owners should negotiate to obtain a transfer of those rights, say attorneys with Akerman LLP.

  • Smarter, Faster, Stronger: A New Suite Of VC Model Docs

    Samuel Waxman

    For the first time in four years, the National Venture Capital Association recently updated its model legal documents. The latest drafts not only reflect the necessity for quick transactions and bespoke solutions to unique problems facing venture capital investors, but they anticipate needs that will arise in this ever-evolving industry, say attorneys with Paul Hastings LLP.

  • A Cautiously Optimistic Diagnosis For Patent Eligibility

    Ewa Davison

    For companies in the life sciences industry, the scope of patent eligibility continued its apparently inexorable contraction in 2017. But in the first months of 2018, the Federal Circuit has exhibited a more generous approach to both steps one and two of the patent eligibility analysis, say Ewa Davison and David Tellekson of Fenwick & West LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • SAS Indirectly Strengthens The Impact Of Estoppel

    Scott Hejny

    While not obvious at first glance, the U.S. Supreme Court's decision in SAS Institute v. Iancu benefits patent owners, with favorable implications for estoppel. It may even resolve a split concerning the scope of estoppel, say Scott Hejny and Chelsea Priest of McKool Smith PC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 3

    Michele Alexander

    In this third installment of their series on how the tax overhaul impacts U.S. media companies, Bracewell LLP attorneys Michele Alexander and Ryan Davis look at how the international and domestic provisions intended to bring tax dollars home have affected media companies' decisions regarding foreign versus domestic production.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.