Intellectual Property

  • 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.

  • November 30, 2017

    Sunscreen Vending Machine Co.'s Patent Suit Tossed

    A Florida federal judge on Wednesday dismissed Sunscreen Mist Holdings LLC's suit accusing a rival of infringing its patent for an automatic sunscreen application vending machine and of falsely claiming it was the first of its kind, because it failed to serve the defendant in time.

  • November 30, 2017

    Fox Rothschild Adds Ex-Kutak Rock International Trade Duo

    Two former Kutak Rock LLP international trade attorneys who represent domestic and international clients in anti-dumping, intellectual property and other matters have joined Fox Rothschild LLP in Washington, D.C.

  • November 29, 2017

    Check Processing Patent Valid Under Alice, Judge Finds

    A Minnesota federal judge has determined that Solutran Inc.'s check processing patent is valid under the U.S. Supreme Court's Alice standard and that a U.S. Bank checking procedure infringes its claims.

  • November 29, 2017

    Reckitt, Generics Makers Settle Mucinex Antitrust Case

    Reckitt Benckiser Inc. has reached a settlement with a generic-drug maker that had accused the British company of unfairly cutting out competition for an extended-release version of Mucinex by violating a patent infringement settlement agreement they’d struck, according to a judgment Tuesday ending the Pennsylvania federal court case.

  • November 29, 2017

    Judge Blames Uber Deputy GC For Waymo IP Trial’s Delay

    A California federal judge blamed Uber’s deputy general counsel for a two-month delay of Waymo’s trade secrets trial over allegedly stolen self-driving car technology, saying in a hearing Wednesday that Uber’s failure to produce an ex-employee’s letter meant the lawyer may be “in trouble.”

  • November 29, 2017

    EU Details Standard-Essential Patents Policy In IP Package

    The European Commission unveiled a licensing policy for standard-essential patents on Wednesday as part of new guidelines it laid out for intellectual property rights, in an effort to help create a “fair and balanced system” that benefits both product manufacturers and patent holders.

  • November 29, 2017

    Gaming Co. Defends 'Gamvatar' Patent Against AIA Challenge

    A Korean video game company defended its patent claiming the “gamvatar” as a novel concept distinct from an avatar in a Wednesday hearing before the Patent Trial and Appeal Board, arguing that prior art Blizzard and Riot Games say undercuts it fails to describe key components of its invention.

  • November 29, 2017

    Caterpillar Infringement Claims Lead To ITC Import Probe

    The U.S. International Trade Commission announced Wednesday that it would launch an investigation into whether certain road construction equipment imported into the U.S. from German machinery manufacturer Wirtgen violated three of Caterpillar Inc.’s patents.

  • November 29, 2017

    GoPro Gets Quick Copyright Wins In Battle With VR Co.

    Virtual reality and camera company 360Heros Inc. infringed several of GoPro Inc.’s copyrighted photos, a California federal judge ruled Tuesday, finding that GoPro’s works were original and 360Heros made near-identical copies.

  • November 29, 2017

    USPTO Nominee Vague On How Fair AIA Is To Patent Owners

    Irell & Manella LLP managing partner Andrei Iancu, the nominee to lead the U.S. Patent and Trademark Office, told senators at his confirmation hearing Wednesday that he will strive to bring “stability and reliability” to the patent system and seek to improve America Invents Act reviews.

  • November 29, 2017

    BioChemics Obtains 11th-Hour Deposit On $17M Owed To SEC

    Attorneys for BioChemics Inc. notified a Boston federal judge on Wednesday that it secured a down payment on the $17 million it owes the U.S. Securities and Exchange Commission just 15 minutes before a hearing where government attorneys were set to pounce on the company for default.

  • November 29, 2017

    Hisense Says Sharp Can't Appeal Remand Ruling In TM Row

    Electronics manufacturer Hisense pushed back at Sharp’s bid for an interlocutory appeal challenging whether a California federal court has jurisdiction over its claims that Hisense misrepresented the quality of Sharp-branded televisions, telling the court Tuesday that the attempted appeal is a move to harass the Chinese company that must be denied.

  • November 29, 2017

    USPTO Advisory Boards Worried About Shared Services Plan

    Advisory committees for the U.S. Patent and Trademark Office sounded the alarm Tuesday over the U.S. Department of Commerce’s controversial shared services program, saying the nation’s patent and trademark systems will be harmed if the USPTO is required to participate.

  • November 29, 2017

    Apple Says Qualcomm Violated Its Patents, Not Vice Versa

    Apple Inc. on Wednesday told a California federal court that Qualcomm Inc.’s Snapdragon mobile phone chips infringe eight Apple patents that preserve smartphone battery life, filing the counterclaims as a response to its rival’s suit alleging it infringed six Qualcomm patents.

  • November 29, 2017

    Revleap Co-Founder Fights Redo Bid In Yelp Suit

    Edward Herzstock and his company Revleap voiced their opposition Tuesday in California federal court to company co-founder Alec Farwell’s bid to help Yelp Inc. reopen a case alleging Revleap undermined Yelp by publishing fake positive reviews, saying Farwell is an unreliable party who embezzled funds from Revleap.

  • November 29, 2017

    Del. Court To Consider Reopening Suit Record

    Delaware's Chancery Court late Tuesday agreed to hear arguments on reopening and supplementing the post-trial record in an intellectual property and contract dispute that knocked's new home automation systems off of store shelves at the start of holiday sales season.

  • November 29, 2017

    Steinbeck Kin Won’t Silence Wrath Over $13M Copyright Loss

    The widow of John Steinbeck’s son fired back at a bid to keep her from talking to the press after a jury awarded Steinbeck’s late wife's daughter $13.15 million in a copyright infringement dispute over movie deals for “The Grapes of Wrath” and "East of Eden."

  • November 29, 2017

    J&J Moves To Duck Pfizer Suit Over Remicade Biosimilar

    Johnson & Johnson and its subsidiary Janssen Biotech Inc. urged a Pennsylvania federal court Tuesday to toss a suit brought by Pfizer Inc. alleging the companies used anti-competitive tactics to maintain the dominance of their biologic Remicade, saying Pfizer hasn’t demonstrated the prices of its own biosimilar are competitive.

Expert Analysis

  • Stats On How TC Heartland Is Affecting Patent Litigants

    Chase Perry

    When the U.S. Supreme Court decided the now-famous TC Heartland case in May 2017, a robust discussion began regarding how significant its effects would be. Chase Perry of Ankura examined statistics from recent months in search of changes in case filing patterns and patent holder success metrics.

  • Chatting With Ex-Fed. Circ. Chief About 101 And John Podesta

    Eli Mazour

    Shortly after I interviewed him last year, former Federal Circuit Chief Judge Randall Rader publicly expressed interest in becoming director of the U.S. Patent and Trademark Office. Although he did not ultimately get chosen for the position, the interview provides insights into how the Trump administration can take the patent system in a new direction, says Eli Mazour of Harrity & Harrity LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Copyright Registration Debate May Head To High Court

    Alexander Kaplan

    The U.S. Supreme Court has been asked to reverse a recent Eleventh Circuit decision and settle a disagreement over the copyright registration requirement for lawsuits alleging infringement. While circuit splits are relatively rare in copyright law, this divide is deepening, says Alexander Kaplan of Proskauer Rose LLP.

  • Ignore Broader Claim Constructions At Your Own Risk

    Raghav Bajaj

    The Federal Circuit's recent decision in Owens Corning v. Fast Felt — reversing the Patent Trial and Appeal Board’s final written decision — should serve as a reminder to practitioners that claim construction is reviewed de novo at the Federal Circuit, says Raghav Bajaj of Haynes and Boone LLP.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • What To Expect If High Court Rejects PTAB Partial Decisions

    Danielle Phillip

    Should the U.S. Supreme Court reverse in SAS Institute and eliminate the practice of partial institution for inter partes review, patent owners and challengers alike must be prepared to address the significant ramifications, say Danielle Phillip and Allyn Elliott of Brinks Gilson & Lione.

  • Fed. Circ. Clarifies Law For Functional Antibody Claims

    Irena Royzman

    The Federal Circuit's decision last month in Amgen v. Sanofi undoubtedly will have a major impact on how written description and enablement are litigated for genus claims in general and for functional antibody claims in particular, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.