Intellectual Property

  • 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 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.

  • December 1, 2017

    Brand Battles: 'Call Of Duty' Takes Aim At 'Call Of Booty'

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, "Call of Duty" owner Activision takes aim at a "Call of Booty" name, Facebook continues to target "-book" marks, and New York City's Bryant Park becomes the center of a trademark dispute.

  • December 1, 2017

    Record Co. Urges Full 9th Circ. To Redo 'Empire' TM Ruling

    A record label sharing a name with the hit TV show “Empire” urged the Ninth Circuit on Thursday to reconsider en banc its November ruling in the label’s trademark suit against Fox, saying that the decision gave the broadcaster “free rein” to pit the fictional label against the real record label’s mark.

  • 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.

Expert Analysis

  • 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.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • The Risks Of Unpatentability Redundancy In IPR

    Thomas Negley

    When preparing an inter partes review petition, petitioners often feel pressure to include every conceivable ground of unpatentability. But if a large number of very similar grounds are brought, the Patent Trial and Appeal Board may not consider all of them, says Thomas Negley of Sughrue Mion PLLC.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • A Few Facts About Halloween Costumes And Copyright

    David Kluft

    Halloween is tough if you are an intellectual property lawyer who likes to dress up. Anyone who knows about your job will be unable to resist lame and legally incorrect jokes about your Halloween costume. But sharing some real facts about Halloween costume copyrights might be the best response, says David Kluft of Foley Hoag LLP.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.