Intellectual Property

  • 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.

  • 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.

Expert Analysis

  • 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.

  • A Common-Sense Approach To Conversion In Digital Age

    Harvey Wolkoff

    Courts have openly struggled with whether electronic data satisfy conversion’s “tangibility” requirement. But in Children’s Hospital v. Cakir, a Massachusetts federal judge recently made clear that conversion provides a recourse for owners of electronic data that is destroyed or stolen, say attorneys with Ropes & Gray LLP.

  • Post-Grant Proceedings As A Freedom-To-Operate Tool

    Marianne Terrot

    While many inter partes review petitions are defensive, there are innovative companies that file IPR and post-grant review petitions with an objective of acquiring freedom to operate in the United States relative to the patents of a third-party patent owner, often itself an innovative company, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Opinion

    Despite Good Intentions, IPR Clashes With Hatch-Waxman

    Anthony Caso

    Congress thought it was fixing the problem of patent trolls when it created the inter partes review process in 2011, but this law conflicts with the Hatch-Waxman Act. Congress should get rid of the IPR process and instead give the U.S. Patent and Trademark Office the tools it needs to issue only valid patents in the first place, says Anthony Caso of Chapman University.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • The 3rd-Party Submissions Most Likely To Succeed At USPTO

    Braden Katterheinrich

    We examined the success rate of third-party submissions, which are cheaper to prepare than post-issuance challenges, but are not without risks — as seen in the Patent Trial and Appeal Board's recent "informative" decision in Cultec, say Braden Katterheinrich and Nicholas Anderson of Faegre Baker Daniels LLP.

  • Pendulum May Be Swinging Away From Fair Use

    Meaghan Kent

    Over the past year or so, courts have begun to temper the fair use defense to copyright infringement. The KinderGuides decision last month from the Southern District of New York is the most recent example of this growing trend, say attorneys with Venable LLP.

  • Opinion

    High Court Should Accept Samsung Case, Despite SG's Brief

    Joshua Wolson

    In a somewhat puzzling submission this month, the solicitor general acknowledged concerns with the Federal Circuit’s ruling in Apple v. Samsung but nonetheless urged the U.S. Supreme Court not to hear the case. His position poses several problems, and the Supreme Court should not be swayed by it, says Joshua Wolson of Dilworth Paxson LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.