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Intellectual Property

  • January 14, 2019

    Fed. Circ. Upholds Alice Win By Mobile Giants Against IV

    The Federal Circuit on Monday handed a win to T-Mobile, Sprint and others in their efforts to invalidate a number of patents held by Intellectual Ventures I LLC, upholding a lower court decision that the patents were invalid under the U.S. Supreme Court's Alice decision.

  • January 14, 2019

    Fed. Circ. Says TTAB Ignored Brands' Peaceful Coexistence

    The Federal Circuit on Monday ordered the Trademark Trial and Appeal Board to reconsider a ruling that "Guild Mortgage Company" is confusingly similar to "Guild Investment Management,” pointing to evidence that the two names have peacefully coexisted for decades.

  • January 14, 2019

    IP Group Of The Year: Desmarais

    Desmarais LLP netted a $400 million settlement for Cisco Systems Inc. against network equipment rival Arista Networks Inc. and secured an $82.5 million verdict for IBM Corp. as the technology giant cruised through its first jury trial as a plaintiff in a patent infringement case, earning the firm a spot among Law360's Intellectual Property Groups of the Year.

  • January 14, 2019

    Betting Giant William Hill Settles FanDuel Copyright Suit

    The American arm of British betting company William Hill has settled a lawsuit against FanDuel that alleged the fantasy sports and betting website stole a copyrighted gambling how-to pamphlet from a New Jersey racetrack.

  • January 14, 2019

    Judge Steps Down From Motorola Suit, Cites Spouse's Stock

    The Illinois federal judge who picked up an antitrust suit against Motorola Solutions Inc. after the case was transferred from New Jersey in December has recused himself, citing his spouse's ownership of Motorola stock.

  • January 14, 2019

    Money, Cash, Woes As Jay-Z's Music Biz Is Probed In Norway

    A music streaming service owned by rapper Jay-Z is being investigated over claims that some of its listening numbers have been fudged, the Norwegian police’s economic crime unit said Monday.

  • January 14, 2019

    Take-Two Sues After 'Red Dead' Threatened With TM Suit

    Video game giant Take-Two Interactive Software Inc. filed a preemptive lawsuit Friday after being threatened with trademark litigation for including "Pinkerton" detectives in its recently launched Wild West game "Red Dead Redemption 2."

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 11, 2019

    Mongol Biker Group Loses Trademarked Logo In RICO Case

    The Mongol Nation motorcycle club has to give up its trademarked emblem, a California federal jury said Friday, in what prosecutors described as a first-of-its-kind verdict based on links between the image and the criminal activities attributed to the group, including drug trafficking and murder.

  • January 11, 2019

    Apple Exec Rips Qualcomm's Chip 'Stranglehold' In FTC Trial

    Apple's vice president of procurement criticized Qualcomm's business practices during day four of a California federal bench trial over the Federal Trade Commission's antitrust allegations against the chipmaker Friday, testifying that Qualcomm developed a “stranglehold” over Apple and tried to charge "gouged" chip prices, which pushed Apple to end their exclusive chip supply deal.

  • January 11, 2019

    Judge Sours In Yogurt Co. Fight, Calls Attys 'Children'

    The back-and-forth between Chobani and Dannon in a dispute over the sugar content of the companies' yogurt drinks left a bad taste in the mouth of a New York federal judge, who chided the attorneys for "behaving like small children" Friday in a terse response to a motion.

  • January 11, 2019

    TracFone Accuses NJ Company Of Device Trafficking Scheme

    Noticing evidence of a recent uptick in trafficking of mobile devices it sells, TracFone Wireless Inc. took swift action to sue a New Jersey company and its operators over an alleged scheme that has damaged the mobile provider financially and also harmed its trademarks and reputation, TracFone's attorney said Friday.

  • January 11, 2019

    Most LegalForce Claims Against Rival UpCounsel OK'd

    A California federal judge has allowed most claims of false advertising and unfair competition brought by an intellectual property firm against online legal company UpCounsel Inc. to continue.

  • January 11, 2019

    Fed. Circ. Ships $93M WesternGeco IP Row Back To Texas

    The Federal Circuit on Friday ordered a Texas district court to decide whether to hold a new trial to determine if WesternGeco LLC can recover $93.4 million in lost profits from Ion Geophysical Corp. in a long-running patent case, following a U.S. Supreme Court decision last year.

  • January 11, 2019

    Burns Charest Picks Up Dallas Litigator From Sayles Werbner

    Burns Charest LLP on Friday added a litigation partner to its Dallas office who previously practiced at trial boutique Sayles Werbner PC and who is experienced in a wide range of complex commercial disputes.

  • January 11, 2019

    Brand Battles: Pizza Hut Tackles 'Football' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Pizza Hut defends its status as the official sponsor of the NFL and NCAA football by aiming to sack an "Official Pizza of Football" application, Nintendo isn't cryptic about its opposition to a blockchain riff on Pokémon, and Salesforce claims a broad "family" of "force"-related trademarks.

  • January 11, 2019

    Siemens, Wabtec Train Control IP Trial To Open In Del.

    An eight-day trial over the alleged infringement of eight Siemens Mobility Inc. patents used in "positive train control" systems is slated to open in Delaware federal court Monday, the culmination of a dispute rooted in broader competition for a multibillion-dollar, multiyear rail network safety upgrade.

  • January 11, 2019

    DLA Piper Adds Privacy, Data Security Specialist In SF

    Privacy and data security specialist Tracy Shapiro has joined DLA Piper's intellectual property and technology practice as a partner in San Francisco, where the Wilson Sonsini Goodrich & Rosati PC alum will assist clients on privacy, advertising and marketing law, the firm said.

  • January 11, 2019

    Tech Startup Partner Gets $5.9M Arbitration Award OK'd

    A federal judge in Texas has affirmed a nearly $6 million arbitration award in favor of a founding partner of a technology startup, rejecting arguments from the inventor of the technology that the sum should be axed altogether or knocked down to $500,000.

Expert Analysis

  • 5 Most-Read Legal Industry Guests Of 2018

    iStock-1056065752.jpg

    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • Roundup

    Winner's Playbook

    Winner's Playbook

    Take a peek behind the scenes of four U.S. Supreme Court cases from 2018, as the attorneys who won them reflect on the challenges they faced and the decisions they made that led to victory.

  • 10 Most-Read IP Law360 Guests Of 2018

    Top Stories

    Patent-eligibility guidance and inter partes review developments were among the hot topics for intellectual property practitioners this year.

  • Key Trade Secret Developments Of 2018: Part 1

    Randall Kahnke

    This year brought significant developments in U.S. trade secret law, including further guidance on the Defend Trade Secrets Act and varied court interpretations of customer lists as trade secrets, say attorneys with Faegre Baker Daniels.

  • Rebuttal

    Serial IPRs Are A Serious Problem The USPTO Should Fix

    Robert Taylor

    A recent Law360 guest article claimed that multiple inter partes reviews for a single claim are often not repetitive. This argument misstates U.S. patent law, and defends precisely the type of abuse that the statutory structure was designed to prohibit, says Robert Taylor of RPT Legal Strategies PC.

  • 3 Trends That Could Lead To More Auto Patent Litigation

    Michael Summersgill

    The long period of relative patent peace in the automotive industry may be coming to an end due to three new trends. Michael Summersgill and Arthur Coviello of WilmerHale analyze these trends and provide recommendations for preparing for a new period of heightened litigation risk.

  • Qualcomm, Apple And The China IPhone Ban

    Elizabeth Chien-Hale 

    In addition to assembling iPhones, China has grown to be an important market for the product. A sales ban of iPhones in China, if carried out by the Fuzhou Intermediate Court, could deal a major economic blow to Apple, says Elizabeth Chien-Hale, an attorney with CKR Law LLP and former senior counsel at Apple Inc.

  • Opinion

    New Hatch-Waxman Integrity Act Brings Hope For Patients

    Anthony Caso

    The Hatch-Waxman Integrity Act of 2018 introduced last week will not completely satisfy either branded pharmaceutical companies or their generic challengers, but would be a win for patients counting on access to new miracle drugs, says professor Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • The State Of Pharma Class Certification After Asacol

    Aaron Yeater

    The First Circuit's recent decision in the matter of the Asacol Antitrust Litigation may prove to be a watershed in pharmaceutical antitrust litigation, offering some precision in interpreting the burden of class certification and making clear what defendants must establish, say experts at Analysis Group Inc.

  • Will Fed. Circ. Consider The Competitor Standing Doctrine?

    Matthew Dowd

    A major hurdle to the Federal Circuit’s full participation in developing patent law is Article III standing to appeal from the Patent Trial and Appeal Board. Matthew Dowd of Dowd Scheffel PLLC and Jonathan Stroud of Unified Patents examine whether the Federal Circuit will recognize and apply competitor standing for establishing an injury in fact.