Intellectual Property

  • March 16, 2018

    Microsoft Wants Corel To Pay Attys Fees For $278K IP Verdict

    Microsoft has asked a California federal court to add its attorneys' fees to the $278,000 verdict it scored against Corel last month for infringing patents related to its Office software, in a move that could add substantially to the relatively milquetoast judgment.

  • March 16, 2018

    How To Make Patent Office Guidance Work For You At PTAB

    The Patent Trial and Appeal Board has said it is not bound by guidance memos issued to examiners who also work at the U.S. Patent and Trademark Office, but attorneys said that guidance can still help litigants bolster their cases when arguing before the board.

  • March 16, 2018

    Feds Should Own Gilead Hep C Patent, Nonprofit Says

    A patent covering Gilead Sciences Inc.’s blockbuster line of sofosbuvir-based hepatitis C drugs doesn’t disclose related government funding, meaning the U.S. Department of Health and Human Services has the right to take ownership of the patent, a nonprofit has suggested to the agency.

  • March 16, 2018

    Robins Kaplan Adds Ex-Kasowitz Benson IP Pro In Calif.

    Robins Kaplan LLP has hired the former managing partner of Kasowitz Benson Torres LLP’s Silicon Valley office, a seasoned intellectual property attorney who represents clients in industries including high tech, pharmaceutical and telecommunications, the firm announced Thursday.

  • March 16, 2018

    Fed. Circ. Affirms Exergen Ruling Doesn't Set Precedent

    The Federal Circuit on Friday held firm that there’s nothing precedential about its recent decision that Exergen Corp.'s forehead thermometer is patentable, despite assertions from a rival company that it was a “significant development” in deciding the patent eligibility of diagnostic tests.

  • March 16, 2018

    Disney Moves to Toss 'Inside Out' Copyright Spat For Good

    The Walt Disney Co. urged a California federal judge to toss a copyright suit alleging its animated hit “Inside Out” copied a lesser-known set of characters called “The Moodsters,” seeking to deal a fatal blow to the case by contending Thursday that emotions aren’t protectable.

  • March 16, 2018

    5Pointz Artists Want $2.6M In Attys’ Fees After Big Win

    Following a ruling that a New York City developer violated federal law when he demolished the famed graffiti space 5Pointz, the street artists behind the site demanded Thursday he repay their whopping $2.6 million legal bill.

  • March 16, 2018

    Brand Battles: Hulu Picks Fight With Tech Startup 'Humu'

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Hulu takes exception to the name of a tech startup founded by a former Google exec, a pet store named "Frodo" faces a "Lord of the Rings" battle, and Kobe Bryant springs into action to defend his "Black Mamba" nickname.

  • March 16, 2018

    Disney Deal Gets Autodesk Out Of Animation Patent Suit

    A California federal judge said Thursday that software giant Autodesk Inc. did not infringe designer Joseph Alter’s patent on technology for animating hair and fur by incorporating it into the company’s Maya animation program, finding Alter agreed not to sue Autodesk in a previous settlement with Disney.

  • March 16, 2018

    IP Hires: Mayer Brown, Goldberg Segalla, Orrick

    In this week’s round of intellectual property lawyer moves, Mayer Brown scored a commercial litigation partner specializing in patent and insurance disputes, Goldberg Segalla nabbed Polsinelli’s former patent practice co-chair, and Orrick elevated its tech practice with the hire of an IP partner focused on the digital music service industry. Here are the details on these and other notable IP hires.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    BakerHostetler Adds 3 Technology Partners in Atlanta

    BakerHostetler has hired three former LeClairRyan attorneys, including the co-leads of its technology practice, who have represented digital marketers, software companies, health care providers and others in everything from data breaches to licensing deals.

  • March 15, 2018

    LinkedIn Tells 9th Circ. Startup’s Bots Hurt Competition

    LinkedIn asked a Ninth Circuit panel to nix a judge’s order allowing a startup company to keep using bots to scrape data from public profiles on its website, saying at oral arguments Thursday that the decision undermined the “very values of competition and innovation the district court thought it was protecting.”

  • March 15, 2018

    Fed. Circ. Junks $1M Dominion Energy Patent Verdict

    A Federal Circuit panel on Thursday tossed a $972,000 award for Dominion Resources Inc. and a jury verdict that found Alstom Grid Inc. infringed its patent covering energy-conservation software, ruling that Dominion’s expert relied on contradictory and unsupported evidence.

  • March 15, 2018

    Fed. Circ. Backs Symantec’s Alice Win Against IV

    The Federal Circuit on Thursday upheld a decision that a data storage patent Intellectual Ventures accused Symantec of infringing is invalid for claiming a patent-ineligible abstract idea, even under a recent decision making such invalidations harder for accused infringers to win.

  • March 15, 2018

    Fair-Use Skirmish Between Cravath, Greenberg Rankles Judge

    The Manhattan federal judge handling a fair-use fight over a photo pulled without permission from Instagram and exhibited in New York City gallery chastised two BigLaw firms Thursday after discovery squabbles erupted hours ahead of a long-planned court conference.

  • March 15, 2018

    Long-Running L-3, Serco Subcontract Dispute Tossed

    L-3 Technologies failed to establish that it had any contractual or business expectation of work from Serco Inc., accused of orchestrating an $80 million scheme to cut L-3 out of the loop on an Air Force subcontract, a Virginia federal judge ruled Thursday.

  • March 15, 2018

    Jury Awards $706M Over Appraisal App Secrets Theft

    A Texas state jury awarded $706.2 million on Wednesday to data-analytics startup HouseCanary, agreeing that former collaborator Title Source Inc. brazenly stole proprietary data recipes for home appraisals and comparisons as it allegedly readied to build its own software suite.

  • March 15, 2018

    'Warcraft' Maker Activision Gets PTAB To Kill Gaming Patent

    The Patent Trial and Appeal Board ruled that "World of Warcraft" maker Activision Blizzard had proven that a patent on avatars used in computer games is invalid based on prior art in an America Invents Act inter partes review, according to a decision issued Wednesday.

  • March 15, 2018

    EU Court Kills Pizza Chain's 'Mafia' Trademark

    A European Union court ruled Thursday that a Spanish pizza chain could not register “La Mafia” as a trademark because it "trivializes the serious harm done by that organization."

Expert Analysis

  • Section 101 Decisions Clarify 'Clear And Convincing Evidence'

    Rob Shaffer

    Since the U.S. Supreme Court’s decision in Alice, many practitioners have been confused about whether the presumption of validity and proof by clear and convincing evidence still apply when a patent has been challenged under Section 101, particularly at the pleadings stage. In three recent decisions, the Federal Circuit has provided guidance, say Rob Shaffer and Scott Allen of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • How PTAB Is Defining Printed Publication

    John Strand

    Over the past 10 months, the Patent Trial and Appeal Board has issued dozens of decisions that address whether certain references are printed publications. The many decisions where a document was found not to be a printed publication should serve as guidance to petitioners and patent owners, say attorneys with Wolf Greenfield & Sacks PC.

  • Early Patenting Questions For Public Benefit Corporations

    Michael Messinger

    Public benefit corporations are unique companies in the way they combine for-profit and public benefit aims. Crucial patent strategy issues that all companies face, such as when to obtain patents and how to use patents in the marketplace, take on added complexity for PBCs, say Michael Messinger and Casey Berger of Shami Messinger PLLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Are Works Generated By AI Subject To IP Protection?

    Jason Bloom

    As businesses invest more heavily in AI, they will increasingly turn to intellectual property law to protect their investments. However, many questions currently exist regarding whether AI-generated work can be protected, and who is liable when AI generates infringing work, say Jason Bloom and Stephanie Sivinski of Haynes and Boone LLP.

  • The New USPTO Examiner Manual And 102(e) Prior Art

    Eric Steffe

    The U.S. Patent and Trademark Office’s January 2018 updates to the Manual of Patent Examining Procedure seem to provide guidance that is at odds with Federal Circuit and Patent Trial and Appeal Board precedent on whether Dynamic Drinkware applies to published patent applications, say Eric Steffe and David Holman of Sterne Kessler Goldstein & Fox PLLC.

  • 5 Easy Ways To Improve Your Demonstratives For Trial

    Jason Fowler

    Not all demonstratives are created equal. While lawyers as a group have mastered the art of presenting arguments orally and in writing, there is much room for improvement in how we present arguments visually, says Jason Fowler of Covington & Burling LLP.

  • The Art And Science Of Investigative Questions: Part 5

    David Dolkas

    In the final article in this five-part series, longtime trial lawyer David Dolkas discusses Level One and Level Two investigative questioning.

  • 3 Lessons From Sinovel's Trade Secret Theft Conviction

    Justus Getty

    One of the key takeaways from a Wisconsin federal court's recent decision in U.S. v. Sinovel Wind Group is that the most serious threats to a company’s trade secrets can often be internal rather than external, says Justus Getty of Duane Morris LLP.