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Intellectual Property

  • January 9, 2019

    Perkins Coie Adds Ex-MoFo Tech Partner In NY

    Perkins Coie LLP has hired a leading technology partner from Morrison & Foerster LLP for its New York office, part of a broader strategy to bulk up its presence in the Big Apple as the city becomes a magnet for many of the world’s leading tech companies.

  • January 9, 2019

    Law Firm Leaders: Finnegan's Mark Sweet And James Monroe

    Mark Sweet and James Monroe are the managing partner and chair, respectively, of intellectual property law firm Finnegan Henderson Farabow Garrett & Dunner LLP. Law360 talked to them about how their firm is adapting to the changing legal industry and the challenges they face in operating a large law firm in today's legal market.

  • January 9, 2019

    US Emphasizes Close Oversight In China Trade Talks

    Trump administration officials wrapped up a meeting with their Chinese counterparts with little fanfare Wednesday as the two sides continue to work on a deal that will solve a bitter trade dispute, with the U.S. stressing that any final agreement will be closely monitored to ensure Beijing’s compliance.

  • January 8, 2019

    Intel Exec Slams Qualcomm's 'Very Unfair' Biz Model At Trial

    Intel Corp.'s chief strategy officer ripped into Qualcomm's "very unfair" business model Tuesday on day three of a California federal bench trial over the Federal Trade Commission's antitrust allegations, testifying that the chipmaker demands patent royalties from all device makers, even if they use competitors' chips, which undercuts competition.

  • January 8, 2019

    Fed. Circ. Questions Contract Claim Over Secret IP Review

    A Federal Circuit judge asked a patent owner Tuesday to explain how the U.S. Patent and Trademark Office breached an implied contract by funneling its patent application to a secret, now-defunct screening process.

  • January 8, 2019

    IBM Tops List Of US Patent Recipients For 26th Year

    IBM Corp. held its spot as the U.S. patent leader with a record 9,100 granted patents in 2018, according to a Tuesday report, even as the overall number of patents issued by the U.S. Patent and Trademark Office took a slight drop from the previous year’s banner numbers.

  • January 8, 2019

    Apple, VirnetX Spar In Fed. Circ. Over Patent Appeal Remand

    Counsel from both Apple Inc. and VirnetX Inc. on Tuesday received tough questions from a Federal Circuit panel regarding whether the U.S. Patent Trial and Appeal Board has the authority to re-examine two pre-America Invents Act VirnetX patents that were ruled invalid after Apple challenged them.

  • January 8, 2019

    NHL's Stanley Cup Mug TM Suit Skates Past Dismissal Bid

    A New York federal judge on Tuesday denied a bid to dismiss the National Hockey League's suit alleging three Illinois companies infringed on trademarks for the Stanley Cup, ruling the league adequately pled its case and the court has jurisdiction over the defendants.

  • January 8, 2019

    Full Fed. Circ. Urged To Review 'Unclear' Double-Patent Rules

    Generics maker Hikma asked the full Federal Circuit Monday to rehear a decision that a Novartis cancer drug patent is not invalid for double-patenting, saying the ruling conflicts with precedent and leaves what had been a straightforward standard “fragmented and unclear.”

  • January 8, 2019

    Roku Can't Escape Streaming Patent Suit

    A Texas federal judge on Tuesday denied a bid by Roku Inc. to scrap a patent infringement lawsuit brought against it in October over its media players and streaming sticks, holding it was too soon in the process.

  • January 8, 2019

    Justices Skeptical Of Allowing Faster Copyright Suits

    The U.S. Supreme Court heard arguments Tuesday over whether copyright owners must fully register their works before filing a lawsuit, during which several justices seemed skeptical of a claim that authors should be allowed to sue immediately after applying for a registration.

  • January 8, 2019

    Ericsson Can License IP On Its Terms, Not HTC's, Judge Says

    Ericsson isn't automatically required to license its standard-essential patents at the much cheaper component level, a Texas federal judge ruled Monday in a major blow to HTC, which has accused the company of trying to overcharge on royalties to license cellular and wireless network SEPs.

  • January 8, 2019

    Fed. Circ. Won't Revive $506M WARF IP Award Against Apple

    The full Federal Circuit will not review a decision that released Apple Inc. from a $506 million damages award in an infringement case brought by the licensing arm of the University of Wisconsin-Madison over a computer processor patent.

  • January 8, 2019

    Erie Insurance Wants Out Of Covering Trademark Fight

    Erie Insurance Exchange is urging a Pennsylvania state judge to free it from providing coverage to a financial planning company facing claims in federal court that it willfully infringed a rival’s marketing slogan trademarks.

  • January 8, 2019

    Costco Can't Sink Tiffany's $21M Diamond Ring TM Win

    A New York federal judge on Monday refused to overturn a $21 million victory for Tiffany & Co. in a trademark lawsuit that accused Costco Wholesale Corp. of improperly using "Tiffany" on diamond rings, setting the stage for a long-awaited appeal to the Second Circuit.

  • January 7, 2019

    High Court Asks SG To Weigh In On $59M Light Sensor Fight

    The U.S. Supreme Court said Monday it wants the solicitor general’s take on a $59 million intellectual property fight that could open a new avenue for patent damages on outside-the-U.S. sales if taken up.

  • January 7, 2019

    High Court Roundup: Justices Refuse To Hear 5 Patent Cases

    The U.S. Supreme Court on Monday rejected appeals in several patent cases, including one in which a $200 million verdict won by Merck was wiped out by an attorney’s purportedly "duplicitous" behavior, and another arguing patent disclosure rules have created "anarchy."

  • January 7, 2019

    Fashion Platform Co. Loses Depo Bid In Stolen-Image Row

    A Texas state court has ruled it isn’t the proper venue for Dallas-based fashion influencer platform rewardStyle to probe whether rivals ShopStyle and PopSugar stole millions of images from its website, after an attorneys for PopSugar and ShopStyle argued they didn’t have enough contacts in the state.

  • January 7, 2019

    PTAB Upholds Much Of Cannabis Epilepsy Treatment Patent

    The Patent Trial and Appeal Board upheld much of a patent that involves the use of cannabinoids to treat epilepsy, handing a partial win to a unit of GW Pharmaceuticals PLC, a U.K. company known for its marijuana-derived medicines.

  • January 7, 2019

    Lewis Brisbois Hires Former DOJ Cyber Atty In Philly, NY

    Lewis Brisbois Bisgaard & Smith LLP announced Monday that it has landed longtime federal prosecutor Rich Goldberg to come on board as a partner in its cybersecurity and data privacy practice operating out of the firm's New York and Philadelphia offices.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • TC Heartland's Impact In 2018

    Alex Chachkes

    The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.

  • Opinion

    Amrock Appeal Of Trade Secret Verdict Is No Surprise

    Thomas Hodge

    Last month, Amrock appealed a curious verdict that awarded contract breach defendant HouseCanary $706 million on a trade secret counterclaim. There are several factors that should cause one to raise an eyebrow over this initial outcome, says Thomas Hodge of Brock and Scott PLLC.

  • Fed. Circ. Provides Clarity On Patent Term Questions

    Irena Royzman

    Two recent decisions from the Federal Circuit — Novartis AG v. Ezra Ventures and Novartis Pharmaceuticals v. Breckenridge Pharmaceutical — clarify the law of "obviousness-type double patenting" and give certainty to biopharmaceutical patent owners, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

  • Tax Reform Keeps Switzerland A Top Corporate Locale

    Danielle Wenger

    In this overview of the latest iteration of Swiss tax reform, Danielle Wenger and Manuel Vogler of Prager Dreifuss AG discuss key measures of the new reform and assess the impact for corporations.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    DOJ Speech May Leave SEP Implementers In Dire Straits

    cotter.jpg

    I suspect the true audience for the U.S. Department of Justice’s disavowal last week of a 2013 policy statement on standard-essential patents is not the courts but rather the U.S. International Trade Commission, whose discretion to pressure standard implementers to accept onerous licensing terms will be tested in the coming years, says University of Minnesota Law School professor Thomas Cotter.

  • Post-Teva Expert Disclosure Trends In 2 Patent-Rich Districts

    Ken Fung

    Local patent rules in the Eastern District of Texas and Northern District of California don’t squarely address the issue of what must be disclosed during claim-construction discovery in order to rely on expert declarations. But thanks to the corpus of post-Teva decisions a clearer picture has emerged, says Ken Fung of Fisch Sigler LLP.

  • A Firsthand Account Of The Helsinn V. Teva Arguments

    Michael Pomianek

    During U.S. Supreme Court oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals, the justices’ focus on the statutory language, and the relative lack of focus on the specific facts of the case, suggest they may address the meaning of the America Invents Act language broadly, say Michael Pomianek and Michelle Nyein of Wolf Greenfield & Sacks PC.