Intellectual Property

  • December 4, 2017

    Patent Args Should’ve Gone To Jury, Fed Circ. Told

    Kaz USA Inc. urged a Federal Circuit panel Monday to upend Exergen Corp.’s $14.6 million patent infringement win against the company, arguing a district court judge shouldn’t have decided forehead thermometer patent issues properly left to the jury.

  • December 4, 2017

    Waymo Jury Could Hear Uber ‘Hid The Ball’ In Discovery

    A California federal judge wants to know whether Uber should have given Waymo an ex-employee’s letter alleging a corporate culture of secrecy, saying at a hearing Monday he’d have to tell the jury in the hotly anticipated trial over self-driving car trade secrets if there were attempts to “hide the ball” during discovery.

  • December 4, 2017

    Garmin's Atty Fees Bid Denied In Dropped Patent Suit

    Garmin International Inc. can’t collect attorneys’ fees after the owner of two patents on a product customization system dropped an infringement suit, according to a Texas federal court ruling on Friday that found the litigious patent owner hadn’t obviously filed the suit for extortion purposes.

  • December 4, 2017

    Janssen Rips Patent Owner's Bid To Appeal Mid-Case

    Celltrion Inc. shouldn’t be allowed to appeal a Massachusetts federal court’s decision not to dismiss Janssen Biotech Inc.’s patent lawsuit over Pfizer Inc.’s biosimilar of anti-inflammatory biologic Remicade, Janssen said Monday, arguing there was nothing extraordinary about the ruling and that an appeal now would only delay the case.

  • December 4, 2017

    Microsoft Seeks Transfer Of Tribe, Texas Co. Patent Spat

    Microsoft Corp. told a Virginia federal court Friday that patent infringement litigation brought by the Saint Regis Mohawk Tribe and Texas-based computer company SRC Labs LLC should be sent to Washington state, where the alleged wrongdoing took place, arguing the suit isn’t sufficiently connected to Virginia.

  • December 4, 2017

    Fed. Circ. Told It Oversimplified Touchless Payment Patent

    A company claiming that the Chicago transit system’s touchless payment system violates its patents on Friday asked the full Federal Circuit to reconsider a panel decision invalidating four of its patents as abstract, arguing that the court should clarify the abstractness standard under the U.S. Supreme Court’s Alice ruling.

  • December 4, 2017

    9 Countries Fall Short In IP Regime Info Exchange: OECD

    Nine countries have failed to identify and exchange certain information about the tax benefits they give to branches of multinational businesses related to income from intellectual property, according to a report from the Organization for Economic Cooperation and Development released Monday.

  • December 4, 2017

    Patent Holder Faces Uphill Google Fight At Fed Circ.

    A patent licensing company appeared to struggle Monday to convince a Federal Circuit panel to uphold its media search patents in Google’s challenge to a Patent Trial and Appeal Board decision against the technology giant.

  • December 4, 2017

    High Court Won't Hear Dow's Appeal Of $455M Bayer Award

    The U.S. Supreme Court opted Monday not to hear Dow AgroSciences LLC’s bid to overturn a $455 million arbitral award issued to two Bayer AG subsidiaries over infringement of weed control patents, ending a yearslong dispute over a gene for herbicide resistance.

  • December 4, 2017

    Ex-Statoil Exec's Wife Wants Out Of Trade Secrets Suit

    The wife of a former Statoil unit chief argued Friday that the court should dismiss the company’s claims against her because it had failed to prove she knew about her husband’s alleged scheme to steal information and technology to benefit a business he set up after leaving the company.

  • December 4, 2017

    High Court Won't Hear Perfect 10 Copyright Case

    The U.S. Supreme Court on Monday refused to take up a copyright case filed by adult website operator Perfect 10 Inc. against Giganews Inc., leaving in place a Ninth Circuit ruling that the service couldn’t be held liable for infringing images shared by its users.

  • December 4, 2017

    Ex-Pharma Staffing Exec Wants Out Of Noncompete Suit

    The former director of Medix Staffing Solutions Inc.’s pharmaceutical and biotechnology staffing division asked a Illinois federal judge on Friday to dismiss the staffing agency’s suit alleging he breached his employment contract by joining rival ProLink Staffing.

  • December 3, 2017

    Tax Bill’s Swift Passage May Create Legal Quandaries

    The accelerated course of the Republicans’ $1.4 trillion tax cut bill, heralding some of the most sweeping changes for corporations in decades, has created ambiguities that could take years to iron out while the process to reconcile differences between the House and Senate versions of the bill will leave nothing sacrosanct, including the cardinal 20 percent corporate tax rate.

  • December 2, 2017

    Senate Passes $1.4 Trillion Tax Cut Legislation

    The U.S. Senate passed an expansive tax cut bill early Saturday that is projected to add more than $1 trillion to the deficit, after garnering enough support from faltering and fiscally conservative Republicans.

  • December 1, 2017

    Sprint Accuses Charter Of Infringing Internet Call IP

    Sprint sued Charter in Delaware federal court Friday for allegedly infringing patents on technology that lets users make phone calls over the internet, the latest in a series of suits that have produced a verdict and settlements worth hundreds of millions of dollars for Sprint.

  • December 1, 2017

    Fed. Circ. Gives Microsoft, IBM New Shot To Ax Web Patents

    The Federal Circuit on Friday gave Microsoft and IBM a renewed opportunity to seek to invalidate two Parallel Networks webpage-management patents, finding that the Patent Trial and Appeal Board wrongly concluded the tech giants failed to show the patents are invalid.

  • December 1, 2017

    Latham & Watkins Sues Site Scamming Would-Be Employees

    Latham & Watkins LLP on Thursday filed suit in Virginia federal court against a website it said purports to hire people to work at Latham from home, tricking them into fronting the money to buy office equipment or pay for training materials, then reimbursing them with fraudulent checks.

  • December 1, 2017

    Pfizer, Dana-Farber Win Bid For Bristol-Myers Docs In IP Suit

    Pfizer Inc. and the Dana-Farber Cancer Institute were allowed access on Friday to what a Boston federal judge described as critical information guarded by Bristol-Myers Squibb Co. and development partner Ono Pharmaceutical Co. Ltd. in a claim seeking to add two American researchers to six cancer immunotherapy patents.

  • December 1, 2017

    PTAB Won't Review Blackbird Data Storage Patent

    The Patent Trial and Appeal Board said Friday it would not review a patent that Blackbird Technologies has accused Netflix Inc. and Starz Entertainment LLC of infringing, finding a defensive patent group hadn’t shown various claims were likely invalid.

  • December 1, 2017

    Noncompete Roundup: Developments You Might Have Missed

    Attorneys looking to stay abreast of the legal landscape surrounding noncompete agreements had their hands full over the last six months, with new legislation popping up in New Jersey and Pennsylvania, court rulings coming down on LinkedIn solicitations and injunctions, and Illinois' attorney general setting her sights on noncompete pacts for low-wage workers. Here, experts identify developments from the second half of 2017 that lawyers who deal with restrictive covenants ought to have on their radar.

Expert Analysis

  • A Post-Lexmark Plan For Multiple Inventive Methods Of Use

    Jorge Goldstein

    Following the U.S. Supreme Court's decision this year in Impression Products v. Lexmark, companies — particularly pharmaceutical companies — should look to obtain multiple distinct patents with method-of-use claims in order to insulate at least part of their patent portfolios from the defense of patent exhaustion, say Jorge Goldstein and Neil Shull of Sterne Kessler Goldstein & Fox PLLC.

  • How The Gov't Defends PTAB Partial Institution Rule

    Jason Nolan

    The U.S. Patent and Trademark Office’s persuasive brief in SAS Institute v. Matal — set for oral argument on Nov. 27 — suggests this inter partes review case may improve the government’s winning percentage at the U.S. Supreme Court, says Jason Nolan of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Winning Section 101 Motions By Defining The Abstract

    Brian Beck

    The Federal Circuit's latest Section 101 decision — Smart Systems v. Chicago Transit Authority — once again should guide patent litigators toward focusing their 101 motion practice around the goal of defining the central “idea” of the patent in their clients’ favor, says Brian Beck of SpencePC.

  • Why Trade Secret Litigation Is On The Rise

    Jeffrey Mordaunt

    The insight we gathered from analyzing federal trade secret cases decided since 1990 paints a clear picture of the far-ranging effects that the Defend Trade Secrets Act, patent law and the changing labor landscape will have on trade secret litigation going forward, say Jeffrey Mordaunt and Joshua Swedlow of Stout Risius Ross LLC.

  • Pharma Case Highlights Importance Of Unrebutted Evidence

    Joseph O'Malley

    Earlier this month, the Federal Circuit reversed a Delaware state court's decision in Bayer v. Watson, holding that the lower court failed to address the defendants' prior art references. This opinion joins a growing list of Federal Circuit opinions minimizing the objective indicia of nonobviousness, say attorneys with Paul Hastings LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.