Intellectual Property

  • May 16, 2017

    Oakley Capital Takes Majority Stake In IP Consulting Biz

    An investment vehicle run by Bermuda-based private equity firm Oakley Capital Investments Ltd. has agreed to buy a majority stake in Ottawa-headquartered TechInsights, which provides intellectual property consulting, patent brokerage and technical reverse engineering services, the companies said on Tuesday.

  • May 16, 2017

    Dilworth Paxson Nabs Gibson Dunn IP Pro In NY

    A former Gibson Dunn & Crutcher LLP partner has jumped to Dilworth Paxson LLP in New York, bolstering the firm’s intellectual property and emerging company practice with a background that includes cutting-edge work on artificial intelligence, blockchain, risk-related technologies and cybersecurity.

  • May 16, 2017

    Scientific Games Aims To Exclude Testimony In Antitrust Row

    Scientific Games Corp. on Monday asked an Illinois federal judge to exclude the opinion of an expert witness in an automatic card-shuffling company's antitrust suit claiming the gaming technology company tried to defraud the U.S. Patent and Trademark Office, arguing that the expert’s opinions are not relevant.

  • May 16, 2017

    Facebook, Google Call 9th Circ. Moderator Ruling A 'Threat'

    Facebook, Google and other tech giants are urging the full Ninth Circuit to rethink a ruling last month that websites can lose copyright safe harbor immunity if they use “community moderators,” warning that the decision has already led to “tremendous uncertainty” online.

  • May 15, 2017

    Snapchat Says Vaporstream's Message Patents Not Inventive

    Snapchat urged a California federal judge Monday to toss Vaporstream’s patent infringement suit, saying the confidential communication company’s patents for “reducing traceability” of an electronic message are invalid under Alice because they cover an abstract idea on a generic computer without adding anything inventive.

  • May 15, 2017

    Plant Co. Wins $900K In Website Copyright Jury Trial

    A Maryland federal jury on Friday found that a garden center in the state had stolen nearly two dozen copyrighted photographs from landscaping plant company Under A Foot’s website and marketing materials, and awarded the landscaping company $900,000 in damages.

  • May 15, 2017

    Nokia, InterDigital End IP Row As Microsoft Drops FRAND Suit

    InterDigital Communications Inc. agreed to drop infringement claims over a wireless technology patent against Nokia Inc. in Delaware federal court Monday after the patent was found invalid, while Nokia parent Microsoft agreed to drop antitrust claims against InterDigital over an alleged failure to offer fair licensing terms.

  • May 15, 2017

    Investment Database Co. Wins $3.7M In Trade Secrets Row

    A Florida federal jury on Friday awarded investment manager database operator eVestment Alliance LLC $3.7 million in damages after concluding that competitor Compass iTech LLC deliberately accessed its paid subscription service using a client’s password, trampling eVestment’s intellectual property and violating the Computer Fraud and Abuse Act.

  • May 15, 2017

    Justices Urged To Define ‘Abstract Ideas’ In Patent Law

    Jawbone and several inventors’ groups urged the U.S. Supreme Court Friday to define what constitutes an "abstract idea" that is not patent-eligible and to clarify the standard of proof for invalidating a patent on eligibility grounds, saying unsettled law on those issues weakens patents.

  • May 15, 2017

    Apple, Samsung Rip Each Other's Args Over $400M Damages

    Apple and Samsung, duking it out Friday over whether Apple’s $400 million damages award should stand after a U.S. Supreme Court ruling, took digs at one another’s contentions in California federal court as Apple seeks to cement its award and Samsung tries to overturn it in a new trial.

  • May 15, 2017

    Samsung Hit With Suit Over Wi-Fi, Emoji Tech Patents

    Samsung Electronics Co. and its subsidiaries ripped off technology developed in the early 2000s that enabled users to send messages and emojis over Wi-Fi, a new suit in South Carolina federal court claims.

  • May 15, 2017

    Trend Micro Gets Patent Case Shipped Out Of East Texas

    SecurityProfiling LLC’s patent infringement lawsuit against Trend Micro America Inc. has been sent to the Northern District of Texas, after a judge on Friday found the Dallas courthouse was “clearly more convenient” a place for the case than was the Eastern District of Texas.

  • May 15, 2017

    Fed. Circ. Won’t Revive Toshiba Challenges To Disc Patents

    The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board's rejection of Toshiba Corp. challenges to three disc-reading patents that Optical Devices LLC has accused Toshiba and other electronics companies of infringing.

  • May 15, 2017

    Studios, Labels Tell 2nd Circ. To Uphold ReDigi Ruling

    The major film studios and record labels are pushing the Second Circuit to uphold a $3.5 million copyright ruling against digital media re-sale service ReDigi Inc., saying a ruling to the contrary would “flout long-established principles of copyright law.”

  • May 15, 2017

    Generics Copied Reckitt's Cough Drug Patents, Court Told

    Reckitt Benckiser LLC on Monday brought its Mucinex patent infringement case against two generic pharmaceutical companies to trial, telling a New Jersey federal judge that it can prove that the alleged imposters consist of immediate- and extended-release elements that belie their makers’ claims that they have only homogenous formulas for the respiratory relief drug.

  • May 15, 2017

    Medtronic Settles Heart Valve Patent Suit After Venue Fight

    Medtronic Inc. on Monday said it has settled claims it infringed on a heart valve patent, just days after an Eastern District of Texas judge declined a request from co-defendant St. Jude Medical to dismiss the case in light of a pending U.S. Supreme Court case addressing venue for patent cases.

  • May 15, 2017

    Geico Says Atty Trade Secret Claims Should Stay In Pa.

    Geico urged a Pennsylvania federal judge Friday to turn down a dismissal request from one of the plaintiffs lawyers the company is suing for allegedly trying to use trade secrets obtained in a Washington state litigation against the company in another case, saying the court has authority since the claim focuses on a disclosure at a Philadelphia deposition.

  • May 15, 2017

    Conan O'Brien Can't Dodge Copyright Suit On 'Stolen' Jokes

    A California federal judge refused Friday to toss a copyright lawsuit that accuses late night TV host Conan O’Brien of stealing jokes about Caitlin Jenner and Tom Brady, sending the case toward trial.

  • May 15, 2017

    High Court Won't Hear 'Different Strokes' Copyright Claims

    The U.S. Supreme Court on Monday declined to hear soul singer Syl Johnson's appeal challenging the Seventh Circuit's October opinion that he should have included claims in an earlier suit that music’s biggest recording labels sampled his song “Different Strokes” without getting his permission or paying him royalties.

  • May 15, 2017

    Support Lines Up Behind FTC In Qualcomm Antitrust Suit

    Two technology companies, a trade association and an antitrust policy group on Friday threw their weight behind the Federal Trade Commission’s allegations that Qualcomm Inc. illegally maintained its monopoly over semiconductor chips used in cellular handsets, saying the case should be allowed to proceed.

Expert Analysis

  • What Current Legal Developments Mean For Biosimilars

    Lisa M. Ferri

    It looks as though 2017 may be the most pivotal year yet for the Biologics Price Competition and Innovation Act. We may finally see relative consistency and certainty in its applications, allowing us to see whether or not the BPCIA can lower drug prices without compromising patient safety, say Lisa Ferri and Christopher Mikson of Mayer Brown LLP.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • The ITC's Potential Role In Hatch-Waxman Litigation

    Wanda French-Brown

    Wanda French-Brown of BakerHostetler examines whether a branded pharmaceutical company can (or should) use the U.S. International Trade Commission as a forum to block the importation of an active pharmaceutical ingredient, any intermediates of the API, or finished generic drug products in the context of Hatch-Waxman litigation.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Divided Infringement After Eli Lilly V. Teva

    Eric Steffe

    The Federal Circuit recently addressed divided infringement in the context of the pharmaceutical industry for the first time since its ruling in Akamai. The Eli Lilly v. Teva decision provides insight to companies engaged in patenting precision medicine, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • Antedating References At PTAB: Trends And Pitfalls

    Christopher Cherry

    Generally, Patent Trial and Appeal Board decisions concerning antedating references turn on the sufficiency of the evidence submitted by patent owners, say attorneys with Buchanan Ingersoll & Rooney PC.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Ex Parte Seizures Under DTSA: A 1-Year Update

    Jay D. Hermele

    Despite the potential for the Defend Trade Secrets Act to grant severe remedies to plaintiffs in federal trade secret claims, in the year since its implementation, the limitation of ex parte seizure to “extraordinary circumstances” may not provide plaintiffs with the leverage they initially anticipated, say Jay Hermele and Abigail Brown of Moye White LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.