Intellectual Property

  • November 17, 2017

    Facebook Cites Alice In Bid To Escape Search Patent Suit

    Facebook Inc. invoked the U.S. Supreme Court’s Alice decision on Thursday in an attempt to rid itself of an infringement suit over organized search results, telling a California federal court that people have been organizing information as long as they’ve been gathering it.

  • November 17, 2017

    Cozen O’Connor Snags Ex-DLA Piper IP Litigator

    A DLA Piper litigator who has represented information technology company Micro Focus in a copyright lawsuit and a shareholder group in a merger-related intellectual property dispute — and is the grandson of a DLA Piper founder — has joined Cozen O’Connor.

  • November 17, 2017

    Seagate, Hulu IP Attys Say Don't Negotiate With NPEs

    An Uber Inc. intellectual property executive and IP counsel at Seagate and Hulu lambasted patent licensing companies for filing frivolous suits during an event in Silicon Valley on Thursday, with all of them agreeing that they take a "don't negotiate with terrorists" strategy in fighting nonpracticing entities.

  • November 17, 2017

    Google Seeks Final Ruling Protecting Search Results

    Google urged a California federal judge Friday to permanently stop enforcement of an order from Canada’s highest court that would compel the tech titan to scrub worldwide searches of results from a company accused of selling products containing stolen trade secrets.

  • November 17, 2017

    Shiboleth Calls Latest Malpractice Suit Tardy

    The third time is not the charm for a malpractice and fraud suit brought against Shiboleth LLP by ex-client Luv n’ Care Ltd., the firm told a New York federal court Thursday, saying the latest claims were filed years too late.

  • November 17, 2017

    CORRECTION: 9th Circ. Sides With Wife’s Estate In Steinbeck IP Row

    The Ninth Circuit on Thursday upheld a lower court’s decision to dismiss copyright infringement claims John Steinbeck’s daughter-in-law and his granddaughter brought against his stepdaughter, finding that other courts have already settled arguments over “Of Mice and Men” and “The Red Pony” movie rights. Correction: A prior version of this story incorrectly identified the case at issue in the appeal. The story has been corrected.

  • November 17, 2017

    USPTO Defends Win-Or-Lose Fee Rule To Full Fed. Circ.

    The U.S. Patent and Trademark Office filed its opening brief Thursday at the Federal Circuit in a closely watched case over its new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of who wins the case.

  • November 16, 2017

    Fed. Circ.'s Cray Ruling Changed Patent Venue Law: Judge

    A Wisconsin federal judge has held that because a recent Federal Circuit ruling known as Cray Inc. clarified how venue rules should mesh with patent law, there is “little dispute” that a case involving the alleged infringement of a patent covering a screen panel should be transferred to the Middle District of Pennsylvania.

  • November 16, 2017

    Oil States Case Likely Won’t Save Axed Patents, Judge Says

    A Texas federal judge has dismissed a gas leak detection patent suit after the Patent Trial and Appeal Board invalidated the patents, rejecting the patentee’s argument that the U.S. Supreme Court could revive the patents in an upcoming case by voiding every past PTAB decision.

  • November 16, 2017

    PTAB Chief Debunks Patent Myth As Petitions Soar

    The Patent Trial and Appeal Board's chief judge said Thursday that he wants to debunk the notion that patent owners are getting "gang tackled” as the PTAB receives more review petitions than ever, arguing that 84 percent of the time a single petitioner challenges the patent.

  • November 16, 2017

    Startup Tells 9th Circ. $1B IP Holder Not A 'Sham' Co.

    Startup Indiezone Inc. told the Ninth Circuit on Thursday that a lower court erred in sanctioning it and its lawyer for bringing a “sham” company into its case alleging former employees conspired to steal its $1 billion e-commerce processing software, saying new evidence showed the co-plaintiff was legitimate.

  • November 16, 2017

    Top Uber Cases To Watch

    Uber, which for years has faced a legal onslaught targeting multiple facets of its ride-hailing business, is battling allegations of aggressive operating tactics including fostering a culture that allowed sexual harassment and mismanagement to thrive and misclassifying drivers as independent contractors. Here, Law360 examines some of the more high-profile cases that Uber has been embroiled in.

  • November 16, 2017

    Foreign Credits At Risk In Senate Tax Bill, Analysts Say

    A provision in the Senate’s version of the Tax Cuts and Jobs Act requiring U.S. multinationals to calculate their foreign tax credits on an annual basis means that companies could end up with unusable leftover credits and bookkeeping anomalies due to mismatches with other countries’ accounting rules, tax specialists say.

  • November 16, 2017

    Calif. Jury Awards E-Cig Maker $4.7M In 'Milk Man' TM Row

    A California federal jury has found that e-cig liquid maker Steam Distribution LLC must pay $4.7 million in damages to rival AOP Ventures Inc. for infringing on its "Milk Man" trademark, concluding that Steam hadn’t shown any of its sales of products branded with the mark weren't traceable to its infringement. 

  • November 16, 2017

    9th Circ. Shoots Down Trademark Suit Over Fox's 'Empire'

    The Ninth Circuit ruled Thursday that Fox couldn’t be sued for trademark infringement over its hit show “Empire” by a real-life record label of the same name, saying the network was protected by the First Amendment.

  • November 16, 2017

    FTC's Ohlhausen Sees Light At End Of Pay-For-Delay Tunnel

    The Federal Trade Commission may have “finally started to turn the corner” with its crackdown on pay-for-delay patent settlements, but other efforts by branded-drug makers to stave off generic competition have increasingly caught the watchdog’s eye, acting Chairman Maureen Ohlhausen said Thursday.

  • November 16, 2017

    House Passes Tax Bill With Deep Cuts For Businesses

    House Republicans on Thursday succeeded in passing wide-reaching tax legislation, overcoming Democrats’ criticisms that it would significantly lower taxes for corporations and the wealthy while short-changing middle-income earners.

  • November 16, 2017

    Yelp Says It’s Owed $2M For Breach Of Fake-Review Deal

    Online review leader Yelp Inc. asked a California judge Wednesday to reopen its case against a website that writes fake positive reviews for businesses for pay, saying one of the website’s co-founders had breached the terms of their settlement and Yelp was now entitled to $2 million under the previously agreed-upon stipulated judgment against him.

  • November 15, 2017

    StubHub Must Produce Source Code In Trade Secret Row

    A California federal judge on Tuesday ordered online ticketing platform StubHub Inc. to surrender its source and corresponding server codes as part of discovery in a trade secrets case brought by Calendar Research LLC in an effort to end the dispute quickly.

  • November 15, 2017

    Copyright Suit Over Iverson Film Trimmed Before Jan. Trial

    A California federal judge has bounced claims of conversion and unjust enrichment in a former producer's case against the director of Showtime’s 2015 documentary on ex-NBA star Allen Iverson, but allowed copyright infringement claims to proceed to trial.

Expert Analysis

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Winning Section 101 Motions By Defining The Abstract

    Brian Beck

    The Federal Circuit's latest Section 101 decision — Smart Systems v. Chicago Transit Authority — once again should guide patent litigators toward focusing their 101 motion practice around the goal of defining the central “idea” of the patent in their clients’ favor, says Brian Beck of SpencePC.

  • Why Trade Secret Litigation Is On The Rise

    Jeffrey Mordaunt

    The insight we gathered from analyzing federal trade secret cases decided since 1990 paints a clear picture of the far-ranging effects that the Defend Trade Secrets Act, patent law and the changing labor landscape will have on trade secret litigation going forward, say Jeffrey Mordaunt and Joshua Swedlow of Stout Risius Ross LLC.

  • Pharma Case Highlights Importance Of Unrebutted Evidence

    Joseph O'Malley

    Earlier this month, the Federal Circuit reversed a Delaware state court's decision in Bayer v. Watson, holding that the lower court failed to address the defendants' prior art references. This opinion joins a growing list of Federal Circuit opinions minimizing the objective indicia of nonobviousness, say attorneys with Paul Hastings LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • 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.