Intellectual Property

  • 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."

  • March 15, 2018

    9th Circ. Hears Bid To Revive Stolen IP Suit Against Oculus

    Total Recall Technologies asked a Ninth Circuit panel Thursday to revive fraud and contract claims alleging the founder of Facebook’s Oculus VR stole its 3-D virtual reality headset design, saying a lower court judge erroneously dismissed the suit after one of TRT’s founders signed over rights to the claims.

  • March 15, 2018

    USPTO Looks To Automate Identification Of Prior Art

    The U.S. Patent and Trademark Office is making progress on a plan to streamline the patent examination process through an automated system to identify relevant prior art early in the review, Commissioner for Patents Andrew Hirshfeld said Thursday in Washington, D.C.

  • March 15, 2018

    'Copyright Troll' Atty Ordered To Take Ethics Class

    A Manhattan federal judge decided Wednesday to reduce a $10,000 sanction against a “copyright troll” attorney to $2,000, but only after ordering him to complete training in “ethics and professionalism.”

  • March 15, 2018

    Firms Agree To End Suit Over 'Strong Arm' Trademark

    Two personal injury firms have settled a dispute in Texas federal court over use of the term “The Strong Arm” in advertising, which both firms had used for years but that one had since trademarked, with the judge agreeing to dismiss the case Wednesday.

  • March 15, 2018

    WB Mason Strikes Back Against Dairy Queen 'Blizzard' Suit

    Office supplier W.B. Mason struck back Thursday at Dairy Queen’s accusation that a "Blizzard" brand of bottled water infringed the fast food chain's trademarks, describing the case as a sneak attack filed “in the midst of active settlement discussions.”

  • March 14, 2018

    Harper Lee Estate Sues Over Sorkin Version Of 'Mockingbird'

    Author Harper Lee’s estate accused producer Scott Rudin and writer Aaron Sorkin of mangling her 1960 classic “To Kill a Mockingbird” in a play based on her novel, saying their version breached a contract by changing characters, including the lawyer at the center of the tale, Atticus Finch.

  • March 14, 2018

    Harvard, Micron Settle Patent Row After TC Heartland Ruling

    Harvard University’s Harvard College and Micron Technology Inc. settled their dispute over a pair of computer technology patents after the case was moved from Massachusetts to Delaware federal court because of the landmark TC Heartland U.S. Supreme Court decision.

  • March 14, 2018

    Fed. Circ. Backs PTAB In Upholding Uterine Endoscope IP

    The Patent Trial and Appeal Board rightfully upheld a Smith & Nephew Inc. patent covering a device for removing tissue from the uterus, as an international patent application the company had submitted earlier doesn't count as prior art, the Federal Circuit said Wednesday.

  • March 14, 2018

    9th Circ. Revives Software Co.'s Copyright Suit Against DHL

    The Ninth Circuit on Tuesday revived part of a copyright infringement suit by a California-based software maker against DHL Supply Chain BV, finding that even though DHL is a foreign company, its use of the software in the Golden State was enough to land it in court there.

  • March 14, 2018

    Mayer Brown Gets Litigation Atty From Norton Rose In Texas

    Mayer Brown LLP recently announced it has hired away from Norton Rose Fulbright a commercial litigation partner who specializes in insurance, intellectual property disputes and patent litigation to join its Houston office.

  • March 14, 2018

    Judge Rips Litigation Strategy In Samsung, Huawei IP Row

     A California federal judge said Wednesday that he is inclined to grant Samsung's bid to block a Chinese injunction barring the company from selling smartphones that allegedly infringe two Huawei patents, but he criticized attorneys on both sides for adopting a litigation strategy that doesn't seem to be in the best interest of their clients.

  • March 14, 2018

    PTAB Allows Data Co. To Amend Patent In Apple Challenge

    The Patent Trial and Appeal Board on Tuesday invalidated several claims in a Realtime Data LLC hardware patent related to storage devices following a challenge from Apple, but said that Realtime could amend many of the claims.

Expert Analysis

  • 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.

  • Software Case Highlights China's Unique Design Patent Law

    Junqi Hang

    U.S. practitioners with clients who want design patent protection in China should familiarize themselves with the Beijing Intellectual Property Court's opinion in Qihu v. Jiangmin, the very first patent infringement dispute in China involving a graphic user interface design patent, say Junqi Hang and Xianwei Zeng of Dragon Intellectual Property Law Firm.

  • The Art And Science Of Investigative Questions: Part 4

    David Dolkas

    In the fourth article of this five-part series, longtime trial lawyer David Dolkas discusses the Sawatsky method and, specifically, the importance of asking who, what, when, where, why and how questions.

  • What May Happen To Your IPR The Day After Oil States

    Douglas Salyers

    If the U.S. Supreme Court decides in Oil States v. Greene’s that the inter partes review process is unconstitutional, how will it affect the thousands of concluded and pending IPRs, and the constitutionality of other post-grant challenge procedures? The briefing filed in the follow-on petitions provides a good preview of the legal issues that lay ahead, say Douglas Salyers and Lauren Ulrich Baker of Troutman Sanders LLP.

  • 'IP Come Home!' How TCJA Incentivizes Asset Repatriation

    Robert Kiggins

    Two provisions of the Tax Cuts and Jobs Act aim to keep U.S. companies’ intangible assets from wandering the globe in search of shelter offshore. For affected taxpayers, one generally brings good news and the other brings bad, says Robert Kiggins of Culhane Meadows PLLC.

  • The Art And Science Of Investigative Questions: Part 3

    David Dolkas

    In the third article of this five-part series, longtime trial lawyer David Dolkas contrasts tough questions with tough-sounding questions and discusses which are likely to elicit more information from a source or witness.

  • Copyright Ruling May Encourage Willful Infringement

    Terry Parker

    A New York federal court recently found Shoshanna Collection liable for willful copyright infringement and awarded FameFlynet statutory damages in the amount of $750. Trebling licensing fees as a measure for statutory damages may sound sensible. But it is contrary to the Copyright Act and Second Circuit law, says Terry Parker of Rath Young Pignatelli PC.