Intellectual Property

  • May 11, 2018

    Health Hires: Katten, Seyfarth, Holland, Dechert, K&L Gates

    Katten Muchin Rosenman LLP, Garfunkel Wild PC, Seyfarth Shaw LLP, Holland & Knight LLP, Dechert LLP, K&L Gates LLP and Polsinelli PC are among the latest firms to have grown their health and life sciences abilities.

  • May 11, 2018

    VW Notches $4M TM Win Against Counterfeit EBay Sellers

    Volkswagen won a $4 million default judgment Wednesday against a group of counterfeiters who ran an eBay store selling low-priced imitation VW and Audi-branded products, with Virginia federal court agreeing with a magistrate judge’s recommendation to award full statutory damages.

  • May 11, 2018

    Patent Network Expands Free Membership, Courts Startups

    LOT Network, a patent-licensing initiative aimed at curbing lawsuits by so-called patent trolls, says it is expanding free membership eligibility to more companies, raising its limit from $5 million in annual revenue to $25 million, and is launching a program by which qualifying member startups may receive three free patents.

  • May 11, 2018

    Nielsen, ComScore Resolve Contract Row Over Data Sharing

    Audience measurement companies Nielsen Holdings PLC and comScore Inc. have resolved their lawsuit over comScore's plans to launch a new television viewer measurement service allegedly using data shared by Nielsen with tight usage restrictions, according to a filing in New York federal court Thursday.

  • May 11, 2018

    IP Hires: Barnes & Thornburg, McCarter & English, Latham

    In this week’s round of intellectual property attorney moves, Barnes & Thornburg boosted the IP department in its Chicago office by nabbing a seasoned patent prosecutor, while Latham & Watkins landed a former WilmerHale partner who has represented the world’s largest technology, retail and manufacturing companies in IP proceedings, and McCarter & English expanded its IP practice group in Boston with an 18-year patent law veteran. Here are the details on these notable hires.

  • May 11, 2018

    Boston Firm Dumping, Suing Ex-Client ‘Feels Wrong’: Judge

    A Massachusetts federal judge on Friday said she was "troubled" by Boston intellectual property law firm Sunstein Kann Murphy & Timbers LLP dropping a longtime software client so it could represent its rival in a patent suit.

  • May 10, 2018

    PTAB Urged To Rethink Post-SAS Decision To Review Data IP

    The owner of a data encryption patent on Wednesday urged the Patent Trial and Appeal Board to reconsider its decision last month to institute a review of all the patent’s asserted claims following the U.S. Supreme Court’s recent SAS Institute ruling, arguing the board should not review any of them.

  • May 10, 2018

    Swingers Club Gets Partial Win In Models' False Ad Suit

    A Florida federal judge on Thursday handed a partial win to a swingers club and its owners who were accused by Playboy Playmates and other models of using their likenesses in advertisements for the club without permission, finding that the models couldn't show that consumers were confused.

  • May 10, 2018

    Ericsson Avoids New Damages Trial After Judge Backtracks

    The federal judge overseeing Ericsson Inc.’s cell phone patent infringement case against TCL Communication Technology Holdings Inc. has reversed course, reinstating Ericsson’s previously stricken $75 million award and topping it off with $35 million in enhanced damages and interest.

  • May 10, 2018

    Fed. Circ. Cuts More Of Irrigation Patent After PTAB Ruling

    The Federal Circuit has ruled that all 17 claims in a smartphone irrigation control patent were invalid, backing the Patent Trial and Appeal Board’s ruling that had found 16 of the claims obvious and going a step further to knock out the remaining challenged claim.

  • May 10, 2018

    Trump To Unveil 4-Point Plan For Curbing Drug Prices

    President Donald Trump on Friday will target drug prices with a four-point plan intended to boost the negotiating power of private Medicare plans, reduce list prices, ease out-of-pocket costs and tackle “freeloading” by countries that more aggressively limit prices, according to senior administration officials.

  • May 10, 2018

    Amazon's Alexa Infringed Language Tech Patent, Suit Says

    A research university has sued Amazon in New York federal court for allegedly infringing its patented language processing technology with its Alexa and Echo products, which use "search and learn" technology to process conversational speech patterns and improve the devices' understanding of future voice commands.

  • May 10, 2018

    Patent Owners May Not Like PTAB Claim Construction Change

    Patent owners have been unrelenting in their message: The Patent Trial and Appeal Board should use the same standard as district courts when interpreting patent claims. While it appears they will get their wish, some attorneys believe they may soon discover the grass isn’t necessarily greener.

  • May 10, 2018

    Fed. Circ. Flouts 'Baseline Legal Norm' On IP, Justices Told

    An inventors group has told the U.S. Supreme Court that it should review a petition by the owner of a web linking patent found invalid after it was challenged by Google, urging the high court to bar the Federal Circuit from flouting a "baseline legal norm" by affirming U.S. Patent Trial and Appeal Board decisions on different grounds than the board ruled on.

  • May 10, 2018

    Commerce Chief Ross Upbeat On China Trade Talks

    Commerce Secretary Wilbur Ross said Thursday that he was optimistic about the Trump administration’s ongoing trade discussions with China on everything from industrial policy to intellectual property rules, saying that last week’s trip to Beijing laid a solid foundation for future talks.

  • May 10, 2018

    Fitbit Nears Sanctions Win As Judge Slams ‘Silly’ IP Suit

    Fitbit Inc. seemed poised to win at least some attorneys’ fees spent in fighting a dismissed patent infringement lawsuit brought by rival Smart Wearable Technologies Inc., after a California federal judge said at a hearing Thursday that the case had been “one big, long, drawn-out, silly word game” that likely merited sanctions.

  • May 10, 2018

    Term Changes Don't Fix Disney's Copyright Misuse: Redbox

    Redbox has asked a California federal court to dismiss a lawsuit from Disney that seeks to ban it from selling digital movies at its kiosks, saying Disney can’t restrict Redbox’s resale of codes through after-the-fact changes to its terms.

  • May 10, 2018

    Drone Co. Counters Patent Suit With Antitrust Claims

    A patent infringement lawsuit between SZ DJI Technology Co. Ltd. and fellow Chinese drone-maker Autel Robotics Co. Ltd. is growing into a fight over international trade and alleged predatory pricing, with Autel going on the offensive with counterclaims accusing the market leader of antitrust violations.

  • May 10, 2018

    VirnetX Questions Apple's AIA Reviews In $1B Patent Row

    Having won nearly $1 billion from Apple Inc. in a series of patent trials, VirnetX Inc. appealed several inter partes review decisions invalidating network security patents that Apple was found to infringe, arguing that the reviews may still be unconstitutional despite the recent U.S. Supreme Court's Oil States ruling.

  • May 10, 2018

    Lucasfilm Wants Copyright Win In ‘Star Wars’ Game Fight

    Walt Disney Co.’s Lucasfilm Ltd. urged a California federal judge on Wednesday to give it a partial win in its suit accusing a mobile game app developer of ripping off the fictional card game "sabacc" from the "Star Wars" franchise empire, arguing that the developer willfully and “slavishly” used its copyrighted material without consent.

Expert Analysis

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Anonymous Posts Of Alleged Trade Secrets: Free Speech?

    Michael Weil

    Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.

  • 3 Things To Know About USPTO's New Memo On Eligibility

    Michelle Holoubek

    In light of the Federal Circuit’s decision in Berkheimer v. HP, the U.S. Patent and Trademark Office has issued a new memorandum regarding subject matter eligibility. Patent practitioners now have a new tool to combat patent-ineligibility challenges, say Michelle Holoubek and Lestin Kenton of Sterne Kessler Goldstein & Fox PLLC.

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning soon, acting Chairman Maureen Ohlhausen could become the sole commissioner. The FTC seems to think it can act by a 1-0 vote, but this may be unlawful and is certainly unwise, say Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Timing Of Priority Claims In China Vs. US

    Junqi Hang

    While the Federal Circuit's 2016 ruling in Immersion v. HTC highlights enhanced willingness in the U.S. to not disturb the validity of many patents merely due to technicalities associated with priority claim assertions, the situation is quite to the contrary in China, as evidenced by the recent Ruike decision, say Junqi Hang and Can Huang of Dragon Intellectual Property Law Firm.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • UK Patent Ruling Sharpens Contrast With US Practice

    Edward Kelly

    The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 2

    Michele Alexander

    The Tax Cuts and Jobs Act has imposed new limitations on a corporation’s ability to take advantage of net operating losses. Certain changes will disproportionately affect media companies, impacting their debt restructuring, acquisition and disposition strategies, say Michele Alexander and Ryan Davis of Bracewell LLP in New York.