Intellectual Property

  • June 20, 2017

    Burns & Levinson Boosts IP Bench With Technology Expert

    A former Adler Pollock & Sheehan PC attorney whose experience in patent technology is concentrated in the automotive, green and life sciences industries has joined Burns & Levinson LLP as a partner in its intellectual property group.

  • June 20, 2017

    Logo Suit Against Cleveland Indians Moves Forward In Ontario

    The Human Rights Tribunal of Ontario said Monday it won't delay a Canadian human rights activist's discrimination claims against Major League Baseball and the Cleveland Indians over the team's controversial "Chief Wahoo" logo, saying the case can go forward despite the existence of a parallel proceeding in another forum.

  • June 20, 2017

    5-Hour Energy Scheme Nets Husband 7 Years, Wife 2 Years

    A California federal judge on Tuesday sentenced a husband to seven years in prison and his wife to two years for their roles in a massive scheme to sell counterfeit 5-Hour Energy drinks, saying during a hearing the crimes were motivated by "pure greed."

  • June 20, 2017

    T-Mobile Says $4.8M IP Win Not Good Enough

    T-Mobile wants a Washington federal judge to erase a $4.8 million trial win against Huawei over alleged theft of trade secrets behind a phone-testing robot called Tappy, gambling that it will win even more if the case is tried again with modified jury instructions.

  • June 20, 2017

    Inside DOD’s Changing Approach To Industrial Security

    As the theft of sensitive information becomes more prevalent and sophisticated in the digital age, contractors can expect big changes in the Defense Security Service’s approach to keeping those national security assets safe, Director Daniel E. Payne tells Law360.

  • June 20, 2017

    ZeniMax Pushes For $1B Win Following Oculus Trial

    Video game developer ZeniMax Media Inc. on Tuesday told a Texas federal judge that Facebook-owned Oculus VR LLC can’t get a “do-over” or wipe the slate clean after a jury found Oculus infringed its intellectual property rights and pushed for a more than $1 billion judgment.

  • June 20, 2017

    Macy’s Copied Jewelry Designs, Suit Says

    Macy’s Inc. is selling jewelry based on bracelet and necklace designs it copied from jewelry and accessories brand Brighton Collectibles LLC, infringing on Brighton’s copyrights and damaging its brand, the company alleged in a suit filed in California federal court on Monday.

  • June 20, 2017

    Canon Awarded $4.4M By Jury In Toner Bottle Patent Suit

    A Georgia federal jury awarded Canon Inc. more than $4.4 million Monday, after finding a toner company and plastic manufacturer willfully infringed Canon's patent for ink toner bottles used in replacement products for copiers and printers.

  • June 20, 2017

    ‘Purge’ Idea Theft Suit Doesn't Chill Free Speech: 9th Circ.

    A Ninth Circuit panel ruled Tuesday that a screenwriter’s lawsuit alleging Universal Studios’ “The Purge” ripped off his script does not chill free speech, affirming the lower court’s rejection of the studio’s anti-SLAPP motion because the writer is seeking payment for his work, not trying to keep movies from being made.

  • June 20, 2017

    Embattled Unified Patent Court Likely Further Delayed

    A German court is weighing an apparent constitutional challenge to national legislation ratifying the European Union’s new Unified Patent Court, which could further delay the long-running effort to set up a single Europe-wide patent system, if not undermine its current form entirely, experts say.

  • June 20, 2017

    Flash Drive-Maker Can’t Get Docs In Samsung Patent Fight

    A California federal judge denied a bid Friday by flash drive-maker Kingston Technology to force nonpracticing entity Polaris Innovations to produce certain documents in a computer memory patent infringement case involving Samsung Electronics Co., saying Polaris properly withheld them under attorney-client privilege.

  • June 20, 2017

    Sprint Blasts Phone Reseller's Attys' Fee Bid For TM Claims

    Sprint told a Kansas federal judge Tuesday that a phone reseller doesn’t deserve attorneys’ fees for defending trademark claims that were ultimately dropped from litigation accusing the company of unlocking and selling the mobile phone giant’s devices without permission, adding that the request comes too late and it isn’t an exceptional case.

  • June 20, 2017

    Actavis At 4: Pay-For-Delay Lawsuits Receding

    In the four years since the U.S. Supreme Court's monumental decision in Federal Trade Commission v. Actavis, pay-for-delay lawsuits have been on the cutting edge of antitrust law, but attorneys who work in the area say there are signs that the litigation is waning as pharmaceutical companies turn away from reverse payment settlements and drug buyers mull over adverse rulings.

  • June 20, 2017

    Apple Attacks Qualcomm's Business Model In Chip Suit

    Apple has expanded the scope of its suit against Qualcomm that originally accused the chipmaker of grossly overcharging for chip patent licenses and withholding nearly $1 billion in rebates, taking aim in a Tuesday amended complaint at the chipmaker’s entire business model.

  • June 20, 2017

    Merck Gets Out Of Patent Suit Over QR Codes

    Merck & Co. Inc. was released from a patent infringement case Tuesday in which Symbology Innovations LLC alleged that the pharmaceutical giant infringed four of its patents covering quick response, or QR, code technology.

  • June 20, 2017

    Uber Defends Privilege Log In Waymo Trade Secrets Case

    Uber Technologies Inc. on Monday defended the extensive privilege log it provided to Waymo LLC in a trade secrets suit and urged the California federal court not to make it hand over documents Waymo requested after receiving the log.

  • June 20, 2017

    Disney, Pixar Accused Of Ripping Off Idea For 'Inside Out'

    The Walt Disney Company stole the idea for the film "Inside Out" from the pitches of a woman who created a color-coded character model to help children deal with their emotions, according to a complaint filed in California federal court on Monday.

  • June 20, 2017

    Houston Bar Assoc. Sues To Shutter 'Fictitious' Law Firm

    The Houston Bar Association and the Houston Bar Foundation filed a lawsuit Monday against what it told the court was a “fictitious” Houston-based estate planning and probate law firm that has set up a “sham” website to defraud elderly individuals in the United States and Canada.

  • June 19, 2017

    Fed. Circ. Upholds Nix Of Prison Phone Recording Patent

    The Federal Circuit on Monday affirmed a Patent Trial and Appeal Board decision finding certain claims in a patent for a prison phone call recording device were unprotectable because they were anticipated by prior art.

  • June 19, 2017

    High Court Grant On AIA Reopens Issue, Fed. Circ. Told

    A patent holder urged a Federal Circuit panel Monday to decide whether the America Invents Act’s inter partes reviews are constitutional, arguing the U.S. Supreme Court’s decision this month to decide the question means that the panel can do the same.

Expert Analysis

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • An Interview With Ex-USPTO Director Todd Dickinson: Part 1

    David Haas

    David Haas and Scott Weingust of Stout Risius Ross LLC recently had a candid discussion with Q. Todd Dickinson, former director of the U.S. Patent and Trademark Office and current head of Polsinelli PC’s intellectual property public policy practice. He shared his thoughts on the evolution of IP policy since his time at the PTO and his current concerns about U.S. patent law.

  • Reviving 'Regular And Established Place Of Biz' Case Law

    Ron Vogel

    The U.S. Supreme Court's recent TC Heartland decision restored the 1957 Fourco interpretation of the patent venue statute. In this article, Ron Vogel and Brian Coggio of Fish & Richardson PC examine the relevant case law that has largely lain dormant for over 25 years, and highlight the factors that forged two lines of cases prior to the Federal Circuit’s 1985 Cordis ruling addressing "regular and established place of business."

  • A Note Of Appreciation To USPTO Director Michelle Lee

    Kathi Vidal

    After leading the U.S. Patent and Trademark Office through one of the more remarkable stages in patent history, Michelle Lee recently resigned from her post. Director Lee, thank you for your outstanding service, says Kathi Vidal of Winston & Strawn LLP.

  • Keys To Successful Swear-Behind Attempts Before PTAB

    Jonathan Bowser

    While patent owners have generally been unsuccessful in swearing behind asserted references for pre-America Invents Act patents involved in post-grant proceedings, several cases illustrate that meeting the stringent evidentiary standards can indeed lead to success, say attorneys with Buchanan Ingersoll & Rooney PC.

  • Defense Strategies In Billion-Dollar Software Copyright Cases

    Mark Schonfeld

    The limited availability of patent protection post-Alice has led to a resurgence in using copyright law to protect software programs. Two recent high-profile software copyright infringement cases illustrate how much is at stake and highlight the use of scènes-à-faire and fair-use defenses, say Mark Schonfeld and Brooke Penrose of Burns & Levinson LLP.

  • A Change To Patent Invalidation In China: Part 1

     Junqi Hang

    A recent revision to China's patent examination guidelines addresses, among other things, changes to the patent invalidity declaration proceeding. It is important to understand fundamental differences between this proceeding and patent validity challenges at the U.S. Patent Trial and Appeal Board, says patent attorney Junqi Hang.

  • Determining Willful Infringement When Circumstances Change

    Elizabeth Banzhoff

    If a jury finds that a defendant’s infringement was willful at any point during a protracted litigation, must it label the infringement as willful for all points of time? The case law on this issue is undeveloped and mixed, with the U.S. Supreme Court’s 2016 decision in Halo raising further questions, say Elizabeth Banzhoff and Manny Caixeiro of Perkins Coie LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Strategic Considerations From IPR Estoppel Cases

    Ryann Muir

    The scope of inter partes review estoppel has been evolving, and district courts have arrived at different — and arguably inconsistent — conclusions as to the breadth of preclusion in litigation, say Ryann Muir and Vishal Gupta of Steptoe & Johnson LLP.