Intellectual Property

  • December 1, 2017

    Apple, Samsung And Others Prevail In LTE Patent Row

    The Patent Trial and Appeal Board on Thursday invalidated numerous claims in a patent related to LTE wireless technology that the owner, Evolved Wireless LLC, has accused Apple, Samsung and other smartphone makers of infringing.

  • December 1, 2017

    Vitamin Cos. Want New Trial After $6.8M IP Verdict

    Vitamin companies accused of patent infringement urged a California federal judge Thursday to grant them a new trial after losing a $6.8 million jury verdict in September, saying the evidence doesn’t support the jury’s finding.

  • December 1, 2017

    Transfer Pricing Specialists Urge A Return To Fundamentals

    A panel of U.S. practitioners with decades of experience in transfer pricing suggested the level of detail in current rules has gone too far and advocated a return to more fundamental principles during a panel discussion Friday.

  • December 1, 2017

    $106M Google Earth IP Suit Won't Get Full Fed Circ. Redo

    The Federal Circuit on Thursday rejected a German technology company’s request for a full panel to rehear its appeal of a jury’s finding that the mapping patent the company had accused Google Earth of infringing in a $106 million case was invalid as both anticipated and obvious.

  • December 1, 2017

    PTAB Remand Guidance To Create Smoother, Clearer Process

    New guidelines from the Patent Trial and Appeal Board about how it will handle remands from the Federal Circuit, which include the involvement of top board judges in each case, will help streamline the remand process and make it more predictable, attorneys say.

  • December 1, 2017

    IP Hires: Cozen O'Connor, Fox Rothschild, Leason Ellis

    In this week’s intellectual property partners on the move, Leason Ellis snags a trio of IP attorneys, Cozen O'Connor welcomes a litigator who is the grandson of a DLA Piper founder, and Fox Rothschild adds an international trade duo. Here are details on these and other IP attorneys who have landed new jobs.

  • November 30, 2017

    Disney Claims Redbox Illegally Sold Digital Movie Codes

    Disney Enterprises Inc. filed a complaint in California federal court against Redbox Automated Retail LLC Thursday, alleging the rental kiosk illegally sells Disney’s digital movie codes to its customers in “blatant disregard” of clear prohibitions against doing so and in violation of copyrights.

  • November 30, 2017

    Google Likely Can’t Deflate Internet Balloon Co.’s IP Suit

    A California federal judge told Google on Thursday she’s not inclined to trim trade secret misappropriation claims from an Arizona company’s suit claiming the tech giant stole its ideas for large floating balloon-based internet platforms, rejecting Google’s assertion the allegations aren't backed by facts.

  • November 30, 2017

    What You Need To Know About PTAB Amendment Guidance

    The Patent Trial and Appeal Board has released new guidance regarding the amendment of patent claims in America Invents Act reviews, a document that, while limited, should help ensure a measure of consistency from different panels of judges at the board, attorneys said. Here's what you need to know about the new guidance.

  • November 30, 2017

    Fed. Circ. Backs Cisco's PTAB Win On Phone Network Patent

    The Federal Circuit on Thursday affirmed a U.S. Patent Trial and Appeal Board decision invalidating AIP Acquisition LLC’s network-based voice communications patent claims that it asserted against Cisco Systems Inc., saying the board’s construction was backed up by both intrinsic and extrinsic evidence.

  • November 30, 2017

    Harvard, Micron Tech IP Suit Moved In Light Of TC Heartland

    A Boston federal judge on Thursday relocated Harvard College's suit against Micron Technology over computer technology patents after a Federal Circuit ruling tossed his earlier decision and resolved a jurisdictional debate nagging judges nationwide.

  • November 30, 2017

    Keurig Rival Ordered To Return Docs In Trade Secrets Row

    Appliance company SharkNinja must get rid of any documents that its workers allegedly took from Keurig Green Mountain Inc. before they left to work at the rival appliance company, a Massachusetts federal judge ordered on Thursday in a month-old trade secret row filed by the coffee maker giant.

  • November 30, 2017

    Qualcomm Expands Apple Feud With 3 More Patent Suits

    Qualcomm Inc. filed three patent lawsuits against Apple Inc. in California federal court Wednesday, opening fresh battles in a legal war with allegations that the rival company has violated 16 patents covering technology ranging from camera phones to touchscreen displays.

  • November 30, 2017

    Apple, Samsung’s ‘Gaming’ In $400M IP War Frustrates Judge

    U.S. District Judge Lucy Koh told Samsung and Apple on Thursday she’s frustrated with their litigation tactics as they prepare for a jury trial to determine damages for Apple in its $400 million smartphone patent war with Samsung, saying “everyone’s just gaming here and it’s frustrating.”

  • November 30, 2017

    De'Longhi's Air Cookers Infringe Patent, Appliance Co. Says

    Illinois-based NuWave LLC slapped Italian home-appliance maker De’Longhi with patent-infringement claims Thursday over air cookers the Italian company sells in major American stores such as Macy's and Home Depot.

  • November 30, 2017

    Walmart Fights Denial Of 'Investing In American Jobs' TM

    Walmart told a panel of skeptical Trademark Trial and Appeal Board judges it should allow the company to register the trademark “Investing in American Jobs,” arguing the evidence used to reject the mark for being "merely informative" failed to show others used it as a slogan.

  • November 30, 2017

    ESPN, Producer Settle Copyright Row Over Documentary

    A filmmaker is settling his copyright suit against ESPN and a producer alleging that they ripped off his 2004 documentary about a paralyzed college football player to make their own film, according to an order of dismissal signed off on by a Mississippi federal judge on Thursday.

  • November 30, 2017

    Writer Says Ex-Lover Used Spyware to Steal, Sell Story

    Best-selling author Emma Cline and her ex-boyfriend filed clashing lawsuits in California federal court Wednesday, surfacing a bitter private fight in which the novelist’s former lover accuses her of using spyware to steal and plagiarize his works, charges she forcefully denies.

  • November 30, 2017

    Squire Patton Acquires Cybersecurity Litigation Boutique

    Squire Patton Boggs LLP has acquired the litigation boutique Yarbrough Law Group PC in Dallas, bolstering its litigation capabilities and expanding its white collar, cybersecurity, data privacy and intellectual property practice, Squire Patton Boggs said Thursday.

  • November 30, 2017

    Gilstrap Boots Absentee Atty From Patent Case

    A Texas federal judge on Wednesday kicked an attorney in a patent dispute off the case after the attorney failed to produce discovery documents, respond to motions, show up to mediation, or follow a court order to appear in person to explain himself.

Expert Analysis

  • The Aftermath Of Impression Products V. Lexmark

    Brian Kacedon

    Following the U.S. Supreme Court's May decision in Impression Products v. Lexmark, the patent exhaustion landscape is likely to be shaped by two issues: When is a transaction properly viewed as a license rather than a sale, and are licenses attached to the product on sale enforceable? Answers might be gleaned from existing case law, say Brian Kacedon and Kevin Rodkey of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • An Uptick In Customer-Suit Exception After TC Heartland?

    Matthew Zorn

    One speculated consequence of TC Heartland is that patentees may choose to file lawsuits against other parties in the supply chain. If customer suits increase, practitioners and in-house counsel should become familiar with the “customer-suit exception” — an area that academics have called “forgotten” and in “relative disuse,” says Matthew Zorn of Yetter Coleman LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • A Rare Binding PTAB Decision: Guidance On Multiple Petitions

    Jennifer Bush

    The Patent Trial and Appeal Board's decision in General Plastic — designated “precedential" last month — describes how follow-on petitions will be evaluated. While the board stated that the seven Nvidia factors would serve as a “baseline” going forward, a few factors stood out as holding more weight than others, says Jennifer Bush of Fenwick & West LLP.

  • Are 'Smart' Courts Smart Enough For IP Disputes?

    Junqi Hang

    Remote video appearance is already in use for certain trials, hearings, and arbitration and mediation proceedings. But the methodology of court remoteness and the concept of "smart" courts may not be able to accommodate intellectual property cases, which tend to be complex in subject matter, say Junqi Hang and Jingqiang Zhang of Dragon Intellectual Property Law Firm.

  • Recent Trends In Inter Partes Review Estoppel

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    In a March Law360 article, we explained that many district courts were limiting inter partes review estoppel to only the instituted grounds resulting in a final written decision from the Patent Trial and Appeal Board, which was problematic. Since then, however, the district courts have reached a new consensus toward a broader application of estoppel, say Jon Gurka and James Smith of Knobbe Martens.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Demystifying Inherent Obviousness

    William Carroll

    How do the unknown, but inherent, characteristics of prior art factor into an obviousness analysis? I propose a simple framework for unraveling inherency issues that arise in the context of obviousness, says William Carroll of Michael Best & Friedrich LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.