Intellectual Property

  • May 15, 2017

    Alsup Spells Out Uber Criminal Probe Order In Waymo Fight

    U.S. District Judge William Alsup on Monday released a previously sealed order laying out the evidence that led him to seek a criminal probe into claims that Uber stole self-driving car technology from Alphabet Inc. unit Waymo, saying the ride-share giant “knew or should have known” that secrets had been taken.

  • May 12, 2017

    Software Co. In Nortel Ch. 11 Tries To Up $8M Claim To $81M

    A software firm that has been locked in combat with Nortel Networks for years pushed the Delaware bankruptcy court Friday to allow it to amend its $8 million claim upward to $81 million, a move the Nortel estate argues is simply a money grab.

  • May 12, 2017

    Fed. Circ. Affirms Twitter’s Alice Win On 5 Message Patents

    The Federal Circuit ruled Friday that five EasyWeb Innovations LLC online message patents are invalid for claiming only abstract ideas, upholding a win for Twitter Inc., which was accused of infringing them.

  • May 12, 2017

    Usher Song Copyright Row Appealed To High Court

    A songwriter who alleges that Usher and Sony Music, among others, had his ownership of the Usher track “Bad Girl” written out of a contract has asked the U.S. Supreme Court to grant cert after the Third Circuit refused to revive the case in December.

  • May 12, 2017

    FTC Looks To Keep Qualcomm Patent Practice Suit Alive

    The Federal Trade Commission asked a California federal judge not to dismiss its antitrust suit against Qualcomm Inc., arguing Friday that the chipmaker forces customers to negotiate under the threat of losing their chip supply, which in turn allegedly forces them to pay a distorted price.

  • May 12, 2017

    Womble Carlyle Adds Ex-Lowenstein Sandler Tech Patent Pro

    Womble Carlyle Sandridge & Rice LLP has added a partner from Lowenstein Sandler PC with two decades of experience handling intellectual property matters for technology industry companies, bolstering the firm’s capabilities in patent, copyright and other matters in Silicon Valley.

  • May 12, 2017

    Fed. Circ. Denies Dow Review Of $455M Bayer Patent Award

    The full Federal Circuit on Friday denied Dow AgroSciences LLC’s petition for panel or en banc review of its March decision affirming a $455 million judgment in an agriculture licensing dispute with units of Bayer AG, leaving in place an arbitration panel’s finding that Dow infringed Bayer’s weed control technology patents.

  • May 12, 2017

    Google Says Rival Can't Prove Actions After DTSA

    Google asked a California federal judge Thursday to toss rival Space Data’s second amended complaint accusing it of misappropriating trade secrets on balloon-based internet technology, saying the allegations were conclusory and that Space Data couldn't prove any actions took place after the passage of the Defense Trade Secrets Act.

  • May 12, 2017

    Foundation Asks For Treble Damages In Hearing Aid IP Case

    A medical research organization asked a California federal court on Thursday to find that Cochlear Corp. willfully infringed a hearing-aid implant patent, which it says should trigger a tripling of an embattled $131.2 million jury award.

  • May 12, 2017

    Brand Battles: Jaguar, Puma Clash Over Big Cat Logos

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Jaguar and Puma clash over their big cat logos, Apple appeals after being refused a registration for its "Music Memos" app, and W.B. Mason finds itself in a fight over its "Shazam" coffee.

  • May 12, 2017

    Facebook Targets Patent Owner Tool For Dodging CBMs

    Facebook Inc. is challenging a strategy used by some patent owners to avoid America Invents Act covered business method reviews, arguing that a recent Federal Circuit decision makes clear they shouldn’t be able to dodge review by disclaiming parts of the patent that are financial in nature.

  • May 12, 2017

    Steptoe & Johnson Bolsters IP Practice With Ex-Navy SEAL

    Steptoe & Johnson LLP has bolstered its intellectual property group with the addition of a patent litigator and Navy SEAL veteran who previously worked at Husch Blackwell and Brinks Gilson & Lione, the firm said in a Thursday statement.

  • May 12, 2017

    NJ Retailer Asks Judge To Revisit Stolen Fitbit Ruling

    A New Jersey seller of reconditioned and refurbished items asked a federal judge to amend her order dismissing its case against Fitbit Inc. on Thursday, arguing that the dismissal decision should be without prejudice since it was based on jurisdiction and not the merits.

  • May 12, 2017

    Kerr Russell Cops To Aiding Eavesdropping On Depositions

    Kerr Russell & Weber PLC on Thursday took responsibility for its client violating a protective order by listening in on his rival’s depositions in a suit in which Abbott Laboratories is accusing several companies of selling “gray market” diabetes test strips, according to a letter in New York federal court.

  • May 12, 2017

    Alsup Asks For Criminal Probe In Waymo's Case Against Uber

    U.S. District Judge William Alsup asked federal prosecutors on Thursday to investigate accusations by Alphabet Inc. subsidiary Waymo that its self-driving car technology was stolen by Uber — an escalation of the ongoing civil trade secrets suit between the two tech giants.

  • May 11, 2017

    Patent Suit Filings Continue To Fall, PwC Report Shows

    The number of patent lawsuits filed in 2016 fell for the third straight year, decreasing 9 percent from a year earlier as the median jury damage award also slid down to less than two-thirds of what it was in 2015, according to an annual study by analysts at PricewaterhouseCoopers LLP.

  • May 11, 2017

    Insurer Won't Cover Cantor Colburn For Sanctions In IP Suit

    An insurance company on Tuesday sued IP boutique Cantor Colburn LLP in Indiana federal court, saying it shouldn’t have to cover sanctions that defendants in an underlying patent infringement suit are seeking after the court found that the firm and its client had “intentionally” misled the U.S. Patent and Trademark Office.

  • May 11, 2017

    Del. Jury Clears Microsoft In Webpage Patent Suit

    Microsoft was cleared of infringement claims in Delaware federal court on Thursday when a jury ruled that patent holder Parallel Networks didn't show enough evidence that the computer giant had infringed a pair of patents involving webpage loading with Bing and MSN website systems.

  • May 11, 2017

    Ex-BigLaw Attys' Co. Called A 'New Breed Of Patent Troll'

    Cloudflare Inc. launched a counterattack Thursday against a patent litigation company founded by former WilmerHale and Kirkland & Ellis LLP partners that recently filed a patent infringement suit against the internet security company, calling it a “dangerous new breed of patent troll” in a blistering blog post.

  • May 11, 2017

    Want To Succeed At PTAB? Judges Say How

    Sharpening the focus of cross-examinations and using fewer slides in presentations were among the ways a panel of Patent Trial and Appeal Board judges said at a conference this week that attorneys can more effectively present their cases to the board.

Expert Analysis

  • PTAB Follows Case Law, Design Examiners Should Too

    Tracy-Gene Durkin

    Recent Patent Trial and Appeal Board decisions have revealed significant inconsistencies between how the board and the design examination corps are interpreting case law. The most noticeable is with regard to the written description requirement under Section 112 and its role in establishing a priority claim under Section 120, say Tracy-Gene Durkin and Daniel Gajewski of Sterne Kessler Goldstein & Fox PLLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Time For High Court To Clarify Presumption Of Patent Validity

    Charles Macedo

    Courts continue to invalidate patents under Section 101 without adhering to the presumption of validity standard mandated by Congress in Section 282 and the U.S. Supreme Court in i4i. The Supreme Court can set the record straight in Broadband iTV v. Hawaiian Telcom, say Charles Macedo and Sandra Hudak of Amster Rothstein & Ebenstein LLP.

  • Why Colbert Can't Play 'Colbert': Tonight's Word — Copyright

    Adam Litwin

    Last week, "The Late Show" daringly flouted Viacom’s wishes by having host Stephen Colbert reprise his "Colbert Report" character to bid farewell to Bill O’Reilly. With CBS exercising such blatant disregard for Viacom’s demand, the situation is sure to come to a head, says Adam Litwin of Bell Nunnally & Martin LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Lessons From Post-Halo Enhanced Damages Decisions

    Jeffrey Totten

    In the 10 months since the U.S. Supreme Court’s Halo decision confirmed district courts’ discretion in enhancing damages for patent infringement, courts have produced a spectrum of damages outcomes. Exploring these early decisions reveals several considerations for parties assessing a competitor’s patent, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Tips For Finding Your Company's Hidden IP

    Neil Belson

    Research-based companies routinely fail to take full advantage of the intellectual property they already possess, particularly by focusing solely on protecting a project’s end product and overlooking other IP created during its development, says Neil Belson of Potomac Law Group PLLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.