Intellectual Property

  • August 22, 2017

    PTAB Rightly Stripped IPod Dock Patent, Apple Tells Fed. Circ.

    The Patent Trial and Appeal Board correctly rejected limitations for a patent covering an audio entertainment system, Apple told the Federal Circuit on Monday, urging the appeals court to keep intact a decision gutting the patent held by iPod dock maker Chestnut Hill Sound.

  • August 22, 2017

    Jawbone's Successor Must Share Docs With Fitbit: Judge

    A California magistrate judge on Tuesday ordered a company that recently acquired Jawbone’s assets to produce documents in Fitbit Inc.’s patent infringement suit against the rival wearable fitness device maker, saying the new company is obviously intimately involved in Jawbone’s business and is “just not a third party who’s out there.”

  • August 22, 2017

    ReDigi Tells 2nd Circ. Digital Files Can Be Resold Like CDs

    Online music service ReDigi Inc. asked the Second Circuit on Tuesday to reverse a New York federal court’s finding that its digital music resale platform infringed the copyrights of Vivendi SA’s Capitol Records, saying the service does not create a reproduction of the music file.

  • August 22, 2017

    ITC Says Eko Didn’t Violate Order Blocking Coffee Pod Imports

    The International Trade Commission has decided Eko Brands LLC did not violate orders barring it from importing or selling certain reusable single-serving coffee pods, although the commission opted not to follow a judge’s recommendation that the orders be rescinded.

  • August 22, 2017

    L’Oréal Whiffs At 3rd Circ. In Latest Bid To Kill Atty’s Suit

    A former in-house attorney for L’Oréal who claims he was improperly fired after raising conduct concerns about patent-application quotas can continue with his now-revived suit after the Third Circuit denied the cosmetics giant’s rehearing bid Tuesday.

  • August 22, 2017

    Calif. Online Store Fights Back Against Alleged Patent Troll has filed a complaint in California federal court accusing Landmark Technology of being a patent troll by threatening litigation over a payment processing patent, asking the court to declare that the patent is invalid and has not been infringed.

  • August 22, 2017

    ITC Judge Theodore Essex Has Retired, Agency Confirms

    A U.S. International Trade Commission administrative law judge who oversaw a variety of technology and intellectual property-related investigations has left the enforcement agency after about a decade on its bench, the ITC said Tuesday.

  • August 22, 2017

    Ex-Statoil Exec Can't Use Likely Stolen Tech, Judge Says

    The evidence against a former Statoil unit’s chief technology officer is “overwhelming,” a Texas federal judge said in a Monday order forbidding him from using information and technology he is accused of stealing to help his own business venture or secure a patent prior to trial.

  • August 21, 2017

    Impax Loses Fees Bid In Opioid Pay-For-Delay Row With FTC

    A Pennsylvania federal judge on Monday declined to grant fees to Impax Laboratories Inc. after the Federal Trade Commission voluntarily dismissed its pay-for-delay suit over generic versions of an opioid, but admonished the agency for conduct that had been “less than admirable.”

  • August 21, 2017

    Fed. Circ. Affirms Vegas Casinos' Slot Machine Patent Win

    The Federal Circuit determined Monday that major Las Vegas casinos did not infringe an electronic slot machine patent and accepted a Nevada federal court’s claim construction in the case.

  • August 21, 2017

    Luv N' Care Loses Appeal In Ongoing Fight With Ex-Counsel

    The Second Circuit refused to revive Luv N’ Care Ltd.’s malpractice suit against its former intellectual property counsel Goldberg Cohen LLP on Monday, days after a New York federal judge declined the law firm’s bid for a quick win in its suit seeking legal fees from the sippy cup maker.

  • August 21, 2017 Denied First Bid To Block PE's Competitor Buy

    Home security firm failed to set off enough alarm bells Monday to win a quick Delaware Chancery Court hearing on an injunction barring a former chairman and controlling private equity shareholder from buying and pumping up a potential competitor — allegedly with pilfered traded secrets.

  • August 21, 2017

    Atty Linked To Neo-Nazi Metal Gone From Patterson Thuente

    Patterson Thuente IP has fired a partner from its Minneapolis office after a local news publication described him as being connected to a record label that pushed fascist and neo-Nazi-leaning heavy metal bands, Law360 confirmed on Monday.

  • August 21, 2017

    Apple, Samsung Get Network Server IP Claims Nixed At PTAB

    The Patent Trial and Appeal Board on Monday issued a split decision that held that a combination of prior art invalidates a wireless network server patent asserted by a data solutions company against Samsung and Apple.

  • August 21, 2017

    Why Midsize Firms Run The Gamut On Diversity

    Midsize firms on average are the least racially and ethnically diverse, but the level of diversity also varies widely among firms in this group, according to the latest Diversity Snapshot. Here’s a look at how a few of these firms are faring.

  • August 21, 2017

    Law Firms Head Back To School For Diversity Guidance

    A handful of law firms have agreed to put themselves under the lens of academia in an effort to root out structural inequalities and implicit bias. Here’s a look at what they’re finding.

  • August 21, 2017

    Fed. Circ. Backs Win For Oracle In Database Patent Case

    The Federal Circuit on Monday affirmed a lower court's decision that an Oracle Corp. database program did not infringe a patent asserted by Thought Inc., ruling that Oracle’s product operates differently from the process described in the patent.

  • August 21, 2017

    Bankrupt Rupari Can't Assume, Assign Roma License Deal

    Bankrupt meat distributor Rupari Food Services Inc. cannot assume and assign a lucrative license deal it had with the parent company of the Tony Roma's Steakhouse chain after a Delaware judge ruled Friday that the agreement itself bars Rupari from assigning the deal without Tony Roma's consent.

  • August 21, 2017

    Fed. Circ. Affirms Artificial Reef Patent Is Indefinite

    The Federal Circuit found Monday that a patent for artificial reefs was invalid as indefinite because it failed to adequately describe the scope of the invention, affirming a Patent Trial and Appeal Board reexamination decision.

  • August 21, 2017

    GCs Find New Urgency In Longtime Push For Diversity

    In-house attorneys are intensifying long-standing efforts to diversify their outside counsel, and they’re looking to create a critical mass of law department leaders that will bring about meaningful change.

Expert Analysis

  • How Patent Pools Help Cos. Avoid Infringement Litigation

    William Van Curen

    While the U.S. Supreme Court's recent decision in TC Heartland could reduce the number of patent infringement suits filed by patent trolls, patent pools of all types will remain viable vehicles for reducing patent litigation risk, says William Van Curen of Snell & Wilmer LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Why ITC Is Increasingly Attractive For Patent Holders

    Ajay Mago

    U.S. Supreme Court decisions over the past 15 years are limiting patent holders’ rights, and the recent TC Heartland and Lexmark decisions seem to hew to that direction. The legal community is learning that the U.S. International Trade Commission offers patent holders significant advantages compared to federal court, say Ajay Mago and Scott Anderson of Culhane Meadows PLLC.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.

  • 4 Cases That Could Affect Gov't Contracts For Tech

    Kristen Ittig

    The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is unusual that the past few months have brought so many decisions relevant to this area of law, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How Fed. Circ. Missed The Intent Behind CBM: Part 2

    Robin McGrath

    It is hard to see how anyone reviewing the legislative history could conclude that Congress intended the covered business method program to be anything other than a cost-savings tool to be used in connection with virtually any nontechnological business method patent with a commercial nexus. As such, it is unclear why the Federal Circuit in Secure Axcess v. PNC Bank felt constrained to limit the program’s reach in the manner that it... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.