Intellectual Property

  • July 24, 2017

    ITC Upholds Arista Ban Despite PTAB Nix Of Cisco Patents

    The U.S. International Trade Commission has refused to suspend an import ban imposed on some of Arista Networks’ computer networking switch products after the Patent Trial and Appeal Board invalidated two Cisco Systems patents that the ban was intended to protect. 

  • July 24, 2017

    TC Heartland Couldn't Be Predicted, Tech Co. Argues

    BigCommerce Inc. objected on Friday to a magistrate judge’s report that found the e-commerce software company had waived its venue defense in its bid to toss a website host’s patent infringement suit, arguing that it couldn't have predicted the U.S. Supreme Court's May ruling in TC Heartland and made the argument earlier.

  • July 21, 2017

    The Best Law Firms For Female Partners

    Although women have made some strides toward gender parity in the lower ranks of law firms, breaking into the equity tier remains elusive. These 20 firms, however, are leaders in advancing equality at the top, earning them the designation of Law360 Ceiling Smasher.

  • July 21, 2017

    BigLaw Bias Suits New Wild Card In Fight For Gender Equity

    As gender bias suits pile up against law firms, it remains to be seen how they will impact recruiting in the industry. But some legal experts say firm leaders may want to look at the complaints as blueprints for change.

  • July 21, 2017

    How 4 Firms Are Moving The Needle On Gender Diversity

    A handful of law firms of various sizes and types are outpacing their peers on including women in their ranks. Here’s why four of them are positioned toward the front of the pack.

  • July 21, 2017

    Could An NFL Diversity Rule Be A BigLaw Game-Changer?

    In a bid to elevate more women to positions of authority, law firms are taking a page from the National Football League's playbook.

  • July 21, 2017

    The 2017 Law360 Glass Ceiling Report

    U.S. law firms have long been overwhelmingly dominated by men, particularly at the partnership level, and Law360’s latest Glass Ceiling Report shows that recent progress has been — at best — only incremental.

  • July 21, 2017

    The Best Law Firms For Female Attorneys

    While the legal industry continues to struggle with gender parity, this year’s Glass Ceiling Report shows that some firms are ahead of the rest. Here, Law360 reveals its third annual ranking of the best law firms for female attorneys, based on their representation of women at the nonpartner and partner levels.

  • July 21, 2017

    Quinn Dropped Uber Due To Fixed Fee Program, Doc Says

    Quinn Emanuel Urquhart & Sullivan LLP dropped Uber Technologies Inc. as a client last fall because a fixed fee arrangement “no longer made financial sense,” according to an email disclosed Thursday in the California federal court intellectual property battle filed against Uber by the firm’s current client Waymo LLC.

  • July 21, 2017

    Intel, Apple Tag Qualcomm As 'Monopolist' In IP War At ITC

    Apple and Intel hit hard at Qualcomm in public statements filed Thursday with the U.S. International Trade Commission in a case where the chipmaker is seeking to bar iPhones that allegedly infringe its patents, with both companies accusing Qualcomm of seeking a monopoly on the technology.

  • July 21, 2017

    Orange Owes $60M For Startup-Killing IP Theft, Jury Told

    An attorney for defunct startup Telesocial Inc. told a California federal jury during closing arguments Friday that Orange SA destroyed the young company by stealing its trade secrets instead of buying its communications technology, while Orange’s attorneys denied responsibility for Telesocial’s failure and argued no theft occurred.

  • July 21, 2017

    Intel Says AVM Can't Reverse Loss In $2B Patent Trial

    Intel Corp. urged a Delaware federal judge on Friday to shut down rival AVM Technologies LLC's bid to undo its loss in a $2 billion patent infringement trial, saying the evidence amply supported Intel's belief that its circuits' functionality was different from that spelled out in the intellectual property at issue.

  • July 21, 2017

    BakerHostetler Adds Pillsbury Patent Pro In Seattle

    BakerHostetler scored a patent litigator from Pillsbury Winthrop Shaw Pittman LLP who brings 20 years of experience representing technology clients in intellectual property disputes, the firm recently announced.

  • July 21, 2017

    Dow’s Trade Secrets Suit Doesn’t Belong In Del., Court Told

    A Turkish chemical company said Friday that its scant corporate ties to Delaware failed to support Chancery Court jurisdiction for a Dow Chemical Co. lawsuit seeking broad damages for the alleged theft of Dow secrets used to make competing products.

  • July 21, 2017

    Boat Co. Seeks Retrial Under TC Heartland After $2.7M Loss

    Brunswick Corp. asked a Virginia federal court on Friday for a new trial after it was found to have infringed Cobalt Boats LLC’s patent on a boat step and ordered to pay $2.7 million in damages, asserting that the venue was improper under the U.S. Supreme Court's TC Heartland decision in May.

  • July 21, 2017

    Dish Gets Counterclaims Tossed In Copyright Suit

    A Florida judge on Friday dismissed counterclaims by the owner of an Arabic pay-TV company facing a copyright infringement suit claiming the service steals signals from Dish Network LLC, but gave the company time to fix the problems with its pleadings.

  • July 21, 2017

    Brand Battles: Disney Gets Creative To Block 'Jedi' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lucasfilm once again goes deep into the details of the Star Wars universe, Frito-Lay takes on a look-alike Lay’s logo and the Chicago Cubs stay aggressive.

  • July 21, 2017

    Fed. Circ. Rejects Amazon’s Plea To Reissue IP Liability Ruling

    The Federal Circuit on Thursday rejected a request from Amazon and eBay to reissue as precedential an opinion it issued last month finding that Amazon, as a mere host to third-party vendors in this case, couldn’t be held liable for the sale of stuffed-animal pillowcases that allegedly infringe design patents.

  • July 21, 2017

    Illumina, Qiagen Settle DNA Sequencer Patent Dispute

    Illumina Inc. has settled patent infringement claims against rival Qiagen NV, according to a California federal judge’s order on Friday, resolving a year-old action over DNA-sequencing intellectual property.

  • July 21, 2017

    PTAB Invalidates Patent As Earbud-Makers Duel

    An earbud company convinced the Patent Trial and Appeal Board to invalidate a patent on a rival’s earbud system on Wednesday for combining existing inventions in an obvious way, drawing first blood in an industry feud involving four patent challenges and two infringement lawsuits.

Expert Analysis

  • Maximizing Patent Damages: Provisional Rights And Marking

    Kevin King

    Through thoughtful implementation of provisional rights and marking strategies, patentees can considerably increase their potential damages pool, say attorneys with Eversheds Sutherland.

  • Strengthening Egypt's IP Laws Could Help Fight Brain Drain

    Mark Morgan

    Egypt is currently suffering from a significant “brain drain.” Lax intellectual property laws may be a factor, whether knowingly or unknowingly, that pushes its most educated citizens to leave and not return, says Mark Morgan of Day Pitney LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • How Cyberattacks Are Changing The Health Care Landscape

    David Saunders

    Recent cyberattacks have spurred the health care industry to engage in a difficult, but necessary self-evaluation of whether it is ready for the next attack. David Saunders and Heidi Wachs of Jenner & Block examine some developments in the aftermath of these ransomware attacks and one lesson the industry still has to take notice of.

  • A More Consistent USPTO Approach To Patent Eligibility

    Kevin Kabler

    Recently, the Federal Circuit has found ​patent ​eligibility in a number of cases​. The reasoning offered by these cases — in particular Bascom​ —​ is similar to the holdings of Chakrabarty and Funk Brothers​, the key ​U.S.​ Supreme Court cases underlying the “markedly different” test​. This suggests a ​better approach to patent eligibility determination may be near, say Kevin Kabler and Andrew Whitehead of Fenwick & West LLP.

  • How Courts View Copyright Protection For Video Games

    Sean Kane

    Only expressive elements of a video game are protectable under current U.S. copyright law. Abstract ideas, including game mechanics and rules, as well as functional and scenes-a-faire elements, are not protectable. For courts, this distinction can sometimes be only skin deep, say Sean Kane and Andrew Ungberg of Frankfurt Kurnit Klein & Selz PC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • New Chance To Bypass DMCA Copyright Circumvention Ban

    Jacqueline Charlesworth

    The U.S. Copyright Office recently initiated its seventh triennial rulemaking proceeding​ to evaluate proposed exemptions to the anti-circumvention provision in the Digital Millennium Copyright Act. With each passing cycle, the proceeding has grown in interest, participation and complexity, say Jacqueline Charlesworth, former general counsel of the Copyright Office, and Michelle Choe of Covington & Burling LLP.

  • Survey And Real-World Data: A Winning Combination

    Peter Simon

    Courts increasingly require empirical proof in cases where the impact of particular behavior, claims or statements on consumer perceptions or choices is a central focus. Primary survey data and real-world data can each offer strong evidence on its own, but substantial synergies can be obtained when the two are used together, say members of Analysis Group Inc.