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Intellectual Property

  • May 24, 2018

    Durie Tangri Beats TWiT's DQ Bid In Twitter Trademark Row

    A California federal judge on Thursday rejected a bid by video streaming service TWiT to disqualify Durie Tangri LLP from defending Twitter in a trademark suit, saying although TWiT once hired the firm, it hadn’t shown the current litigation is “substantially related” to that prior representation.

  • May 24, 2018

    Atty Group Backs Full Fed. Circ. Redo Of Google Patent Ruling

    An association of patent lawyers and agents on Wednesday urged the Federal Circuit to review en banc its decision that gave Google a new shot at invalidating Network-1’s media search patents in an inter partes review, arguing that the panel relied on “false logic” in construing the claims.

  • May 24, 2018

    Garage Door Opener Co.'s Patent Loss Trebled To $11.4M

    The maker of Ryobi garage door openers that were sold at Home Depot will see its trial loss tripled to $11.4 million after an Illinois federal judge said Wednesday that its behavior while infringing two patents belonging to Chamberlain Group Inc. was over the line.

  • May 24, 2018

    FTC Can't Get Access To Qualcomm's Internal Patent Ratings

    The Federal Trade Commission won’t be able to get access to Qualcomm’s internal patent database because the ratings there are subject to attorney-client privilege, a California federal judge said, dealing a blow to the agency’s litigation over the chipmaker’s patent-licensing practices.

  • May 24, 2018

    Gilstrap Says Huawei Patent Row Is Better Off In Texas

    U.S. District Judge Rodney Gilstrap refused to let Huawei Device USA Inc. move a Texas-based patent holder’s communications patent infringement suit to California’s Northern District, finding Wednesday that the company hadn’t shown the Golden State would be a more convenient venue.

  • May 24, 2018

    Howmedica's Decade Of Misconduct Won Zimmer $13M Fees

    A New Jersey federal judge ordered Howmedica to pay Zimmer Biomet $13.3 million in attorneys’ fees as part of a long-running patent dispute because Howmedica repeatedly misled the U.S. Patent and Trademark Office and spent 10 years pursuing claims it knew were baseless, according to an opinion made public Wednesday.

  • May 24, 2018

    Ex-MLB Pitcher Says Rival Academy Stole Training Program

    A former Major League Baseball pitcher alleges that a Washington resident stole trade secrets and other proprietary information about his baseball academy and training program designed to improve performance and reduce injuries, according to a suit removed to Florida federal court Thursday. 

  • May 24, 2018

    Apple Gets Mixed Results In PTAB Review Of Uniloc Patents

    Apple Inc. and other tech giants were handed a mixed bag at the Patent Trial and Appeal Board on Wednesday, when the board invalidated some claims but upheld others in three Uniloc messaging patents.

  • May 24, 2018

    Hilton's Digital Key Infringes Mobile-Unlock Patents: Suit

    Hilton and one of its subsidiaries got hit with a lawsuit in Illinois federal court Wednesday by a Texas-based technology company that says the hospitality company’s Digital Key service infringes two patents it holds on technology that facilitates mobile unlocking.

  • May 24, 2018

    Online Ad Co. Blasts Bid To DQ Atty After $2.3M Verdict

    An online ad placement company has fired back against a rival's bid to disqualify its general counsel in a $2.3 million suit over alleged click fraud that's on appeal, telling a Texas federal court that conjecture alone can't be the basis to deprive it of the counsel of its choice.

  • May 24, 2018

    Hatch-Waxman Post-TC Heartland: What You Need To Know

    The U.S. Supreme Court's TC Heartland decision, which limited where patent lawsuits can be filed, has led to a bump in cases over generic drugs in Delaware while raising some legal questions and strategic issues for pharmaceutical companies.

  • May 24, 2018

    Paul Hastings Nabs Ex-Arnold & Porter IP Pro In Chicago

    Paul Hastings LLP has added a former Arnold & Porter partner with expertise litigating patent and trade secrets cases to its intellectual property practice in Chicago, according to the firm.

  • May 23, 2018

    Courtroom Cackles Get Farm Co. A Fed. Circ. Redo In IP Suit

    While not as noisy as a barnyard, the chatter and laughter heard during attorney presentations led the Federal Circuit on Wednesday to grant a North Dakota farm equipment company a rehearing in its patent infringement case against a rival.

  • May 23, 2018

    Clothing Supplier Seeks Coverage For Walmart's $5M IP Feud

    A Walmart clothing supplier on Tuesday urged a California federal court to force its insurer to pony up more than $5.2 million in costs stemming from a trademark dispute in which Walmart was involved, saying the "advertising injury" portion of its policy extends to Walmart's advertising of merchandise it supplied.

  • May 23, 2018

    Dexcom Hit With Atty Fees For 'Bad Faith' Patent Suit

    Diabetes glucose monitoring company Dexcom Inc. has to pay attorneys’ fees to its New Hampshire-based rival after a California federal judge held that it acted in “bad faith” by continuing to litigate a patent case despite multiple court warnings, according to an order unsealed Tuesday.

  • May 23, 2018

    Fed. Circ. Upholds Most Of Bovine Breeding Patent Verdict

    A split Federal Circuit panel on Wednesday mostly upheld a verdict that Trans Ova Genetics LC infringed XY LLC’s patents on sorting cattle semen for breeding, although the judges disputed whether an inter partes review invalidation of one patent rendered the validity of that patent moot.

  • May 23, 2018

    Steve Winwood Ripped Off Song For 'Lovin', 6th Circ. Told

    Copyright infringement allegations over The Spencer Davis Group and Steve Winwood’s iconic “Gimme Some Lovin’” resurfaced Tuesday at the Sixth Circuit, as songwriter Homer Banks’ widow claimed a lower court erred by rejecting evidence that Winwood and Davis based their hit on Banks’ “Ain’t That a Lot of Love.”

  • May 23, 2018

    New Pre-1972 Music Bill In Senate Splits From House

    Sen. Ron Wyden, D-Ore., introduced a bill Wednesday that would create full federal copyright protection for so-called pre-1972 recordings, an alternative approach to the one taken by major music legislation that passed the House last month.

  • May 23, 2018

    What Attys Need To Know About The Evolving CFIUS Bill

    Lawmakers are busy adjusting proposed legislation that aims to modernize the Committee on Foreign Investment in the United States, editing language that covers issues like intellectual property transfers, judicial reviews and proximity in real estate transactions. Here, Law360 reviews what lawyers need to know about how the potential changes could alter the CFIUS process.

  • May 23, 2018

    Fed. Circ. Upholds Microsoft Win In Anti-Piracy IP Suit

    The Federal Circuit on Wednesday upheld a ruling that found Microsoft Corp. did not infringe a patent related to software anti-piracy features, despite not agreeing with how the lower court interpreted and applied certain terms in the patent.

Expert Analysis

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.

  • Praxair And The Printed Matter Doctrine

    Paul Zagar

    The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • 2 Court Standards For Statutory Damages In Copyright Cases

    Amy Fitts

    The recent District of Kansas decision in Energy Intelligence Group v. CHS McPherson Refinery highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue, say Amy Fitts and Benton Keatley of Polsinelli PC.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Fed. Circ. Applies Teva Deference In 2 Types Of Cases

    Richard Zhang

    Since the U.S. Supreme Court’s 2015 decision in Teva v. Sandoz changed the standard of review for factual findings made in the course of claim construction, the Federal Circuit has applied deference in just eight of the 24 cases that involved claim-construction extrinsic evidence. These decisions reveal some predictability, says Richard Zhang of Fisch Sigler LLP.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.