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Intellectual Property

  • November 30, 2018

    Priceline Founder Lambastes 'Broken' Patent System

    The founder of Priceline.com, who owns nearly 1,000 patents, expressed an extremely dim view of the patent system at a recent conference, saying that patents are nothing more than a "piece of paper" for anyone except those with deep pockets.

  • November 30, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen HSBC's private bank unit hit with an action from nearly 250 claimants, Dutch bank ABN Amro sue more than a dozen insurers and Aviva's health unit take on the Saudi Arabian embassy and government. Here, Law360 looks at those and other new claims in the U.K.

  • November 30, 2018

    Brand Battles: Brewery Says 'Team 6' Isn't Like Navy SEALs

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a brewery fights for a "Team 6" trademark after an examiner claims a link to a famous team of Navy SEALs, the Washington Nationals pick a fight with Starwood Hotels over "W," and Warner Bros. teams up with WhatsApp to block a reference to Bugs Bunny's famous catchphrase.

  • November 30, 2018

    Medtronic Owes Ind. Surgeon $112M In Royalties, Jury Finds

    An Indiana jury has found Medtronic PLC owes an Indianapolis spine surgeon $112 million for failing to pay him royalties on his spinal implant patents that he had assigned to the medical device company more than a decade ago, according to Medtronic's public filings.

  • November 30, 2018

    Checking In On SAS Institute 6 Months Later

    Six months after the U.S. Supreme Court put an end to the Patent Trial and Appeal Board’s ability to pick what claims it examines in America Invents Act reviews, the dust has begun to settle, providing a picture of what life looks like after SAS Institute.

  • November 30, 2018

    Fed. Circ. Won't Shield Atty Emails For Thermo Fisher Unit

    The Federal Circuit on Thursday refused to protect a subsidiary of Thermo Fisher Scientific Inc. from a discovery order in ongoing patent infringement litigation brought by medical supplier Becton Dickinson & Co., forcing the biotech company to hand over emails between its in-house counsel and employees that were shared with a third-party company.

  • November 30, 2018

    FTC, Qualcomm Look To Exclude Evidence From Trial

    The Federal Trade Commission and Qualcomm each have asked a California federal judge to exclude several pieces of evidence from the trial scheduled for January in the agency’s challenge of the chipmaker’s licensing practices for its cellular technology.

  • November 30, 2018

    Split Fed. Circ. Affirms Time Warner's $140M IP Loss To Sprint

    A split Federal Circuit has upheld a Kansas jury's $140 million verdict that found Time Warner Cable's internet voice service infringed five of Sprint's patents, while a judge said in a dissent that the case involves a "remarkable mismatch between the narrow patent disclosures and the exceedingly broad claims."

  • November 30, 2018

    Google Urges Full Fed. Circ. To Review 'Dangerous' IP Ruling

    Google has urged the full Federal Circuit to reconsider an earlier decision undoing an Alice win for the tech giant over three spreadsheet patents owned by a unit of patent licensing company Acacia Research, arguing that the “dangerous” ruling allows future litigants to claim that electronic versions of familiar ideas are patentable when they are not.

  • November 30, 2018

    MVP: Quinn Emanuel's Charles K. Verhoeven

    Charles K. Verhoeven, the co-chair of Quinn Emanuel Urquhart & Sullivan LLP’s national intellectual property litigation practice, headed the team representing Google’s Waymo in a high-profile case against Uber over self-driving car technology, landing him a spot as one of Law360’s 2018 Intellectual Property MVPs.

  • November 30, 2018

    IP Hires: Glaser Weil, Neal Gerber, Saul Ewing

    In this week’s round of intellectual property attorney moves, Glaser Weil takes on a veteran litigator fresh off of a Ninth Circuit win against CBS, Neal Gerber hires a partner with 10 years of experience for its Chicago office, and Saul Ewing nabs a pair of patent attorneys with more than 50 years of combined experience. Here are the details on these and other notable IP hires.

  • November 30, 2018

    Dickinson Wright Nabs 6 IP Attys In Florida, Calif., DC

    Dickinson Wright PLLC has beefed up its intellectual property practice with a group of five attorneys from Mayback & Hoffman PA, along with a former Scotts Miracle-Gro Co. trademark attorney, the firm announced.

  • November 29, 2018

    Fed. Circ. Upholds PTAB Ax Of Claims In Pipe Sealing Patent

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's determination that the asserted claims of a patent covering methods for joining and sealing pipe ends together are invalid as either obvious or anticipated.

  • November 29, 2018

    LL Cool J Sues Concert Promoter Over Use Of 'Rock The Bells'

    LL Cool J slapped a California concert promoter with a federal trademark infringement suit Tuesday, accusing the entertainment company of using the name of one of the hip hop mogul’s most famous songs without his permission.

  • November 29, 2018

    JPML Skeptical Of Combining Graphic Arts Patent Suits

    The Judicial Panel on Multidistrict Litigation questioned the need to create an MDL for three patent cases over graphic arts technology on Thursday, with one judge saying the lawsuits appeared “manageable” on their own.

  • November 29, 2018

    Pfizer Loses PTAB Challenge To Antibody Drug Patents

    The Patent Trial and Appeal Board on Wednesday upheld a Hoffman-La Roche Ltd. unit’s patents for purifying antibodies used in medicine, rejecting contentions by Pfizer Inc. that the patents were invalid as anticipated or obvious over prior art.

  • November 29, 2018

    7th Circ. Avoids DFS Legality, Ends Publicity Rights Suit

    The Seventh Circuit declined Thursday to determine whether daily fantasy sports violated Indiana criminal law, putting an end to a proposed class action of college athletes seeking to stop DraftKings and FanDuel from using their names, likenesses and statistics without permission.

  • November 29, 2018

    G-20 Summit Unlikely To Halt Trump's China Crusade

    President Donald Trump and Chinese President Xi Jinping are slated for a closely watched meeting at this week’s G-20 summit after a monthslong brawl that has imposed hefty tariffs on one another’s goods, but the prospects for an immediate halting of the conflict are looking slim.

  • November 29, 2018

    Glaser Weil Gains New IP Partner From McKool Smith

    Glaser Weil Fink Howard Avchen & Shapiro LLP in the Los Angeles area has taken on a new partner, a veteran litigator and principal from McKool Smith Hennigan PC whose recent Ninth Circuit win against CBS bolstered his transition to chairman of Glaser Weil's intellectual property department.

  • November 29, 2018

    PTAB Upholds Patent For Akorn Glaucoma Drug Zioptan

    The Patent Trial and Appeal Board has upheld a patent covering Akorn Inc.’s glaucoma medication Zioptan, following an inter partes review in which the board pressed forward despite the challenger backing out.

Expert Analysis

  • Inventor's Case Highlights Appeal Option For Rejected Patent

    Pauline Pelletier

    ​When a rejected patent​ application ​is appealed to the Patent Trial and Appeal Board​ unsuccessfully, ​the standard next step is Federal Circuit appeal. ​But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.​

  • A New Framework For 'Blocking Patents' And Obviousness?

    winston.jpg

    Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.

  • 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.