Intellectual Property

  • September 14, 2017

    Norton Rose Hires Ex-Fried Frank IP Partner

    Norton Rose Fulbright bolstered its intellectual property practice with the addition of a former Fried Frank Harris Shriver & Jacobson LLP attorney focusing on patent litigation as a partner based in New York.

  • September 14, 2017

    PTAB's Petition Limits Are Good News For Patent Owners

    In a decision denying review of certain patents for toner-printer cartridges, an expanded panel for the Patent Trial and Appeal Board has laid out specific parameters for how multiple challenges to the same patent will be evaluated, likely limiting the number of challenges that ultimately go through, a decision attorneys say is encouraging for patent owners.

  • September 14, 2017

    3rd Circ. Wellbutrin Ruling May Hinder Pay-For-Delay Suits

    The Third Circuit’s recent decision affirming a win for GlaxoSmithKline in litigation accusing the company of stifling generic competition for antidepressant Wellbutrin XL could make it much harder for drug buyers to bring antitrust suits over reverse-payment patent dispute settlements.

  • September 14, 2017

    Samsung Hit With Beefed-Up Ongoing Royalty In Patent Suit

    A Texas federal judge rebuked Samsung on Wednesday for continuing to infringe two patents after a 2016 trial, and also awarded a higher-than-verdict ongoing royalty, but refrained from granting winner Imperium’s $6.95 million fee request until more documentation is submitted to the court.

  • September 14, 2017

    Reebok-CCM Fights Fees Bid In Helmet Royalties Row

    Sports equipment maker Reebok-CCM Hockey on Wednesday hit back at a startup hockey-helmet design company’s $54,000 fee request related to a sanctions order over destroyed evidence in their contract suit, telling a Massachusetts federal judge that the helmet company shouldn’t even get half of that.

  • September 14, 2017

    Judge Keeps Iowa Co.’s CFAA Claim Against Ex-Staffer

    An Iowa federal judge on Wednesday said that there was enough evidence to keep intact an Iowa consulting firm’s Computer Fraud and Abuse Act claim in its lawsuit alleging that a former employee forwarded hundreds of work emails to a personal account and then set up a competing business.

  • September 13, 2017

    Expanded PTAB Panel Will Review HTC's Mobile Signal Patent

    A split five-judge Patent Trial and Appeal Board panel agreed Wednesday to formally review multiple claims within three patents held by Virginia Innovation Sciences Inc. related to mobile device signal conversion, after finding persuasive HTC America Inc.'s argument the claims were obvious in light of prior art.

  • September 13, 2017

    Full Fed. Circ. Urged To Review Inequitable Conduct Ruling

    Regeneron Pharmaceuticals Inc. asked the Federal Circuit on Tuesday for a full-court rehearing of its panel decision finding that its patent on a genetically modified mouse is unenforceable in part due to the inequitable conduct of litigators in its infringement case against Merus NV.

  • September 13, 2017

    Olivia De Havilland, 101, Gets Suit Against FX Fast-Tracked

    A California judge granted “Gone with the Wind” actress Olivia de Havilland, 101, an early trial in her right of publicity suit against FX Networks LLC over the use of her name and identity in the series “Feud: Bette and Joan,” saying her advanced age necessitated the “fast track.”

  • September 13, 2017

    No Challenge Of Cement Patent Before US Litigation: Fed Circ.

    The Federal Circuit on Wednesday upheld a district court ruling that an Ohio company cannot seek preemptive invalidation of a cement patent since the patent owner has made no moves to protect it, despite litigation in Mexico involving the allegedly infringing product.

  • September 13, 2017

    Fed. Circ. Refuses To Send Uber-Waymo Feud To Arbitration

    A case in which Alphabet Inc.’s self-driving car unit Waymo LLC accuses Uber Technologies Inc. of stealing its trade secrets will proceed to trial in California federal court next month after the Federal Circuit on Wednesday shut down Uber’s request to send the case to private arbitration.

  • September 13, 2017

    Fed. Circ. Halves Intellectual Ventures' Motorola IP Wins

    The Federal Circuit on Wednesday partially upheld an Intellectual Ventures’ multi-trial victory against Motorola, affirming the validity of two of the nonpracticing entity’s patents, but finding there was insufficient evidence that the smartphone company directly infringed one of the patents.

  • September 13, 2017

    Justices Urged To Strike Fed. Circ. Limits On CBM Reviews

    Google Inc. and a group of banks have asked the U.S. Supreme Court to overturn Federal Circuit decisions limiting the scope of America Invents Act covered business method patent reviews, saying the rulings undermine the program and leave it “toothless.”

  • September 13, 2017

    Fed Circ. Says Waymo Can See Uber Counsel's Secret Report

    The Federal Circuit on Wednesday ruled Alphabet Inc.’s self-driving car unit Waymo LLC can see Stroz Friedberg LLC’s confidential Uber report in Waymo’s trade secret suit against the ride-hailing giant, rejecting an Uber executive’s arguments that disclosures in the report are protected and could incriminate him.

  • September 13, 2017

    Hundreds Of Musicians Object To $43M Spotify Copyright Deal

    Tom Petty, Dan Auerbach and Gillian Welch were among more than 500 musicians and song copyright owners who objected to a $43 million proposed class settlement in a copyright suit against Spotify in New York federal court Tuesday, calling the proposed deal “grossly insufficient.”

  • September 13, 2017

    Perry Ellis Says Thom Browne Stole Its Penguins

    Perry Ellis' parent company hit competitor Thom Browne Inc. with a trademark infringement lawsuit Tuesday in Illinois federal court, saying penguins featured on recent Thom Browne products too closely resemble the logo of its own Penguin clothing line.

  • September 13, 2017

    Apple, Samsung Smartphone Battle Divides Patent World

    As Apple and Samsung head toward yet another trial in the smartphone patent wars, intellectual property experts are split over the $400 million question at the center of the case — how to calculate damages when only part of a product infringes — as was evident at a panel discussion Wednesday.

  • September 13, 2017

    'Gray Market' Duracell Importer Can't Proceed Anonymously

    An importer and distributor of so-called gray market Duracell batteries revealed itself Wednesday in an amended challenge to a U.S. Customs and Border Protection decision to restrict the products’ U.S. entry one day after a U.S. Court of International Trade judge pulled the plug on the company’s bid to proceed anonymously.

  • September 13, 2017

    Architect Slaps Five Guys With Copyright Suit Over Designs

    Architectural firm Soos & Associates Inc. hit Five Guys with a lawsuit Tuesday in Illinois federal court, alleging the fast food chain has violated its copyright by switching to different architects for new store designs while using Soos’ original plans without its approval.

  • September 13, 2017

    Judge Urged To Nix Sanctions Bid In Video Game Patent Row

    White Knuckle IP LLC asked a Utah judge on Monday to shoot down a sanctions motion by Electronic Arts Inc., arguing it brought its patent suit against the video game giant with a good-faith belief it had a valid claim.

Expert Analysis

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.

  • 4 Cases That Could Affect Gov't Contracts For Tech

    Kristen Ittig

    The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is unusual that the past few months have brought so many decisions relevant to this area of law, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How Fed. Circ. Missed The Intent Behind CBM: Part 2

    Robin McGrath

    It is hard to see how anyone reviewing the legislative history could conclude that Congress intended the covered business method program to be anything other than a cost-savings tool to be used in connection with virtually any nontechnological business method patent with a commercial nexus. As such, it is unclear why the Federal Circuit in Secure Axcess v. PNC Bank felt constrained to limit the program’s reach in the manner that it... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • How Fed. Circ. Missed The Intent Behind CBM: Part 1

    Robin McGrath

    In Secure Axcess v. PNC Bank, the Federal Circuit greatly limited the type of patents eligible for review under the covered business method program, but a study of the legislative history quite clearly shows that the court’s interpretation does not comport with the breadth that Congress intended the CBM program to have, says Robin McGrath of Duane Morris LLP.