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Intellectual Property

  • July 16, 2018

    IBM Seeks $167M From Groupon For Infringing Web Patents

    IBM Corp. told a federal jury in Delaware on Monday that Groupon Inc. should pay about $166.5 million in damages for infringing four of what it described as widely licensed IBM patents that helped make early public use of the internet faster and more efficient.

  • July 16, 2018

    Ex-Apple Engineer Denies Stealing Self-Driving Car IP

    A former Apple employee accused of illegally downloading the tech giant's proprietary information related to self-driving cars before taking a job with a Chinese self-driving car company pled not guilty in California federal court Monday to trade secret theft.

  • July 16, 2018

    Texas A&M Blocks '12th Man' Soap At TTAB

    Texas A&M University has convinced the Trademark Trial and Appeal Board to block Washington Soap Co. from registering the phrase “12th Man Hands” for its soap, with the board saying there was a likelihood of confusion because the university frequently gives away rally towels bearing the "12th Man" slogan at football games.

  • July 16, 2018

    CBS Kept Using Licensed TM, Fantasy Sports Co. Says

    The parent company of fantasy sports operator Scout Fantasy is suing CBS Interactive Inc., accusing it of trying to steal its brand and deceive its customers by continuing to use trademarks CBSi had previously licensed, even after Scout killed the deal over CBSi’s repeated failures to pay on time.

  • July 16, 2018

    Fed. Circ. Won't Rehear PTAB Ax Of WesternGeco Patents

    The Federal Circuit said Monday that it won’t rehear a panel’s decision upholding the cancellation of several of Schlumberger Ltd. unit WesternGeco LLC’s oil exploration patents, jeopardizing the company’s ability to collect more than $100 million over the infringement of those patents by one of its rivals.

  • July 16, 2018

    AbbVie Protests FTC Interest Hike In AndroGel Case

    AbbVie Inc. has accused the Federal Trade Commission of suddenly hiking the interest rate it and an affiliate must pay on a $448 million penalty over sham patent suits that delayed generic drug rollouts and extended their monopoly on AndroGel.

  • July 16, 2018

    Blackbird Scores Fed. Circ. Win In Lighting IP Row

    Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, notched a victory at the Federal Circuit on Monday, when the court revived infringement lawsuits it brought against companies over a patent related to energy-efficient lighting.

  • July 16, 2018

    Don't Rethink OK'ing Fanapt Patent, Vanda Tells Fed. Circ.

    Vanda Pharmaceuticals Inc. has asked the Federal Circuit not to reconsider West-Ward Pharmaceuticals’ challenge to a patent covering the schizophrenia drug Fanapt, saying the court rightly found that the medication was patent-eligible under the U.S. Supreme Court’s Mayo test.

  • July 16, 2018

    Hard Rock Cafe Must Repay Hotel Co.’s Fees To End TM Suit

    A Florida federal judge on Monday said she would only allow Hard Rock Cafe Inc. to drop a failed trademark lawsuit against a startup called RockStar Hotels Inc. if the hospitality giant repaid a portion of the smaller company’s legal bills.

  • July 16, 2018

    DLA Piper Adds IP, Tech Partner To Los Angeles Office

    DLA Piper has added a partner from McDermott Will & Emery LLP to its intellectual property and technology practice in Los Angeles, the firm announced Friday.

  • July 16, 2018

    Blue Spike Hits Roku With ITC Petition On Streaming Patents

    Data patent holder Blue Spike LLC has accused smart TV company Roku Inc. of importing streaming products that violate the Texas company’s intellectual property rights, asking the U.S. International Trade Commission to ban future infringing imports.

  • July 16, 2018

    USPTO Urges Justices To Deny Review Of Web Patent Suit

    The U.S. Patent and Trademark Office has fired back at a bid for U.S. Supreme Court review by the owner of a web linking patent found invalid after it was challenged by Google, saying there is "no basis" for the owner’s arguments that the Federal Circuit had flouted precedent.

  • July 16, 2018

    Executive Order Boosts Fears Of Politically Influenced ALJs

    An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

  • July 16, 2018

    Gucci Blocks Great-Grandson's E-Cig Trademarks

    Italian fashion house Gucci won a ruling at the Trademark Trial and Appeal Board blocking the great-grandson of its namesake founder from registering trademarks for his “Uberto Gucci” brand.

  • July 16, 2018

    Puma Looks To Ditch Willfulness Claims In Nike IP Suit

    Puma asked a Boston federal court on Friday to dismiss Nike's claims that the alleged infringement of patents for trendy knitted shoes was willful, and to dismiss claims for two of the patents-in-suit altogether.

  • July 16, 2018

    USPTO Still Mulling Supreme Court Over 'Scandalous' TMs

    The U.S. Patent and Trademark Office is still mulling over whether to ask the U.S. Supreme Court to reinstate the Lanham Act's ban on "scandalous" trademarks, pushing the decision back to August.

  • July 13, 2018

    Indivior Wins Bid To Block Sales Of Suboxone Generic

    Determining that drugmaker Indivior will likely be able to show its suit claiming infringement by Dr. Reddy’s of a so-called child patent covering its Suboxone Film will not be precluded by a suit in which Dr. Reddy’s was cleared of infringement of the parent patent, a New Jersey federal judge on Friday granted Indivior a preliminary injunction blocking sales.

  • July 13, 2018

    Arista Says Cisco Cost It $160M As Antitrust Trial Nears

    Just weeks before trial in Arista Networks Inc.’s antitrust suit against Cisco Systems Inc., the parties squared off Friday in California federal court over Arista's bid to introduce expert testimony that it lost about $160 million after Cisco asserted copyright violations to block sales of competing ethernet switches.

  • July 13, 2018

    Fed. Circ. OKs PTAB Ruling That Insulation Patent Is Valid

    The Federal Circuit on Friday affirmed a decision by the Patent Trial and Appeal Board upholding the validity of a patent covering the design of building insulation.

  • July 13, 2018

    Photographer Wants Justices To Hear Nike 'Jumpman' IP Case

    The photographer who claims Nike Inc. ripped off his Michael Jordan photo to create its signature “Jumpman” logo got a break from the Ninth Circuit on Friday, after the court agreed to hold off on finalizing a recent ruling against him while he takes his case to the U.S. Supreme Court.

Expert Analysis

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Massachusetts Patent Litigation Is Speeding Up

    Aaron Jacobs

    The District of Massachusetts recently issued an updated rule for scheduling and procedures in patent infringement cases, to make the district a more convenient venue. Perhaps the most important change is the newly accelerated litigation timeline, says Aaron Jacobs of Prince Lobel Tye LLP.

  • What’s Next For Foreign Patent Damages?

    Mark Kachner

    While resolving the issue of the availability of foreign lost profits in the context of Section 271(f)(2), the U.S. Supreme Court's decision in WesternGeco v. Ion leaves many issues unresolved, say Mark Kachner and Karen Vogel Weil of Knobbe Martens Olson & Bear LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Fed. Circ. Clarifies Infringement Liability For Contractors

    Kara Daniels

    The Federal Circuit's recent interpretation of “manufactured” in FastShip v. U.S. will likely prove consequential for companies seeking to enforce their patent rights against federal contractors and the U.S. government under Section 1498, say attorneys with Arnold & Porter.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.