Intellectual Property

  • April 13, 2018

    Law360 Reveals 400 Largest US Firms

    The annual Law360 400 ranks the largest U.S.-based law firms and vereins with a U.S. component by domestic attorney headcount.

  • April 13, 2018

    How 5 Firms Grew Without Merging

    These firms saw double-digit growth in 2017 — one hire at a time. Here, their leaders tell Law360 of their varied approaches to attracting top talent.

  • April 13, 2018

    Megafirms Find New Heights In Grounded Market

    The biggest of BigLaw are widening the gap between themselves and their rivals, as firms of all sizes grapple with fluctuating demand and seek out their place in the legal landscape.

  • April 13, 2018

    IP Boutiques Tick Down As AIA Settles In

    Amid years of attorney migration between intellectual property boutiques and their general practice rivals, the IP specialists saw a slight downtick in 2017, as these firms continued to adjust to practicing under the America Invents Act. 

  • April 13, 2018

    Vanda Schizophrenia Drug Patentable, Fed. Circ. Says

    The Federal Circuit on Friday upheld a patent covering Vanda Pharmaceuticals Inc.’s schizophrenia drug Fanapt, finding it met the U.S. Supreme Court’s Mayo standard by outlining a specific method of using natural phenomena for treatment.

  • April 13, 2018

    Monkey Business To Continue At 9th Circ. Despite Deal

    More than seven months after People for the Ethical Treatment of Animals announced that it had reached a deal with a nature photographer to end the highly publicized “monkey selfie” copyright lawsuit, the Ninth Circuit said Friday that it would nevertheless issue an opinion in the case.

  • April 13, 2018

    Samsung Wins US Block Of Huawei’s China Patent Injunction

    A California federal judge Friday blocked Chinese smartphone maker Huawei from enforcing an injunction it won in China ordering Samsung to stop making or selling devices that infringe two patents, finding that the injunction could render simultaneous U.S. proceedings meaningless.

  • April 13, 2018

    Car Co.’s Bid To DQ Quinn Over Presuit Atty Chat May Stall

    A California federal judge expressed skepticism Friday of electric car startup EVelozcity’s bid to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing rival Faraday & Future in their trade secrets dispute, saying she was frustrated by EVelozcity’s refusal to disclose what secrets its in-house attorneys purportedly revealed in a pre-suit conversation with Quinn.

  • April 13, 2018

    Fla. Swingers Club Expert DQ'd In Models' IP Spat

    A Florida federal judge on Thursday disqualified an expert damages witness for a Tampa-area swingers club accused of using several models' likenesses without permission, adopting a magistrate's recommendation that he be excluded because he did not demonstrate a reliable methodology.

  • April 13, 2018

    Canadian Drug Cos. To Pay $34M For Selling Phony Products

    A Canadian online pharmacy and its owner were ordered to pay $34 million after admitting to selling misbranded and counterfeit drugs in the U.S., Montana federal prosecutors said Friday, ending a 17-year business that allegedly sold phony cancer drugs with no active ingredients.

  • April 13, 2018

    'Jewish Jordan' Co. Sues Sports Co. Over Basketball Patent

    A company owned by an American-Israeli basketball player once dubbed the “Jewish Jordan” for his skills on the court has accused a fitness equipment seller of ripping off his idea for a training machine that rebounds basketballs, according to a Delaware suit on Friday.

  • April 13, 2018

    Full Fed. Circ. Won't Review HTC Win In Patent Co-Owner Suit

    The Federal Circuit on Friday denied Advanced Video Technologies' petition for rehearing and en banc review of a split panel decision in January that axed the company’s patent claims against HTC Corp. and two other electronics companies for lack of standing because an inventor refused to sign onto the suit.

  • April 13, 2018

    Paice, Ford Settle Hybrid Vehicle Patent Battle

    Paice said Thursday it has reached an agreement for Ford. to license its patents on hybrid vehicle technology, ending a bruising legal battle that spanned across federal courts and the U.S. International Trade Commission.

  • April 13, 2018

    Up Next At High Court: Taxing Online Sales, Patent Damages

    The U.S. Supreme Court will consider whether to allow states to tax online sales and how to calculate damages in certain patent cases when it returns to the bench this week for the final oral argument session of the 2017-2018 term.

  • April 13, 2018

    Aggrenox End-Payors Want $18M Atty Fees In $54M Deal

    Indirect buyers of Aggrenox told a Connecticut federal judge Friday that attorneys who represented the putative class alleging that Teva Pharmaceutical and Boehringer Ingelheim blocked generic alternatives to the stroke-prevention drug from coming to the market should get $18 million of the proposed $54 million settlement.

  • April 13, 2018

    Bruno Mars Exits 1 Of 3 'Uptown Funk' Infringement Suits

    Pop star Bruno Mars, music producer Mark Ronson and representatives of '80s electro-funk band Collage filed an agreement Thursday to dismiss a California federal suit over the 2014 hit “Uptown Funk,” which had been accused of ripping off Collage’s 1983 tune “Young Girls" and is still at issue in separate cases.

  • April 13, 2018

    Google Asks Fed. Circ. To Revisit Messaging IP Suit Revival

    Google LLC is urging the Federal Circuit to rehear a panel decision that gave new life to a patent lawsuit over its messaging services, arguing that the ruling raises important questions about whether continuation patents can be used to repeatedly sue a company over the same products.

  • April 13, 2018

    Berkheimer Ruling Stops Hulu From Killing Data Patent Row

    Hulu LLC can't slip out of an infringement suit over a handful of data organization patents, a California federal judge has found, citing the Federal Circuit's recent Berkheimer ruling to explain that it was too early to tell whether the asserted claims were patent-eligible.

  • April 13, 2018

    Patent Applicants With Female Names Face Bias: Yale Study

    Inventors are less likely to get their patents approved when they have “common” female names, according to a recent study by the Yale School of Management.

  • April 13, 2018

    A Conversation With Baker Botts CMO Gillian Ward

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.

Expert Analysis

  • Overcoming Bad Evidence: Lessons From Waymo V. Uber Trial

    Arturo González

    One piece of “bad” evidence can sink a client at trial. This article addresses some of the bad evidence that we — Uber’s counsel — encountered in the Waymo v. Uber trade secrets battle and explains how that evidence was neutralized in front of the court and at trial, say Arturo González and Esther Kim Chang of Morrison & Foerster LLP.

  • 2 Things Missing From Debates On US-China Fights

    Scott Kieff

    Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Alice Angst Intensifies

    Robert Stoll

    With three decisions last month, the ethereal world of patent subject matter eligibility is getting even murkier. As jurists and practitioners try to work through the confusion created by the U.S. Supreme Court's untenable Alice test, the U.S. patent community is suffering, says ​​​​​​​Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner for patents.

  • Texas High Court Ruling On Patent Agents May Be Influential

    Perry Napolitano

    The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.

  • Persistence Pays Off For Adidas In EU Trademark Dispute

    Simon Aytron

    This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • A Shield And A Sword: 325(d) Arguments At The PTAB

    Kelly Eberspecher

    In inter partes review, the application of Section 325(d) — analysis of whether a given reference was previously presented to, and considered by, the U.S. Patent and Trademark Office during prosecution — gives rise to strategic considerations for both petitioners and patent owners, say Kelly Eberspecher and Katherine Cappaert of Steptoe & Johnson LLP.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.