Intellectual Property

  • September 09, 2021

    Gilstrap Won't Triple $300M 4G Patent Verdict Against Apple

    A Texas federal judge on Wednesday opted not to tack on enhanced damages to a $300 million patent verdict against Apple, holding that the tech giant's infringement of Optis Wireless Technology's standard-essential 4G wireless patents was not egregious.

  • September 09, 2021

    PTAB Grills Unified Patents On Prior Art In Wireless IP Dispute

    A Patent Trial and Appeal Board judge pressed an attorney for Unified Patents LLC on Thursday on whether a printed publication qualifies as prior art in its challenge to a 2BCom LLC wireless communications patent, suggesting at times its evidence fell short.

  • September 09, 2021

    Pharma Giants Ink $300M Deal To End Glumetza Antitrust Suit

    Direct buyers of Glumetza are floating a $300 million deal in California federal court with Bausch Health and several subsidiaries accused of plotting to stave off the blockbuster blood sugar drug's generic version.

  • September 09, 2021

    Fed. Court Seeks French Help With Docs In Telecom IP Cases

    A Delaware federal judge on Wednesday asked judges in France for assistance in gathering documents that could be relevant to lawsuits TQ Delta has filed against multiple telecommunications companies over patents related to television and broadband data services technology.

  • September 09, 2021

    Texas A&M Blocks '12th Man' Copyright Claim In 5th Circ. Win

    Texas A&M University's athletic department is entitled to governmental immunity from copyright claims accusing it of publishing a book excerpt about the school's "12th Man" tradition on its website without permission, the Fifth Circuit affirmed Wednesday.

  • September 09, 2021

    MVP: Arnold & Porter's Matthew Wolf

    Arnold & Porter partner Matthew Wolf won a major patent victory for Sanofi and Regeneron at the Federal Circuit and defended the assignor estoppel doctrine at the U.S. Supreme Court, earning him a spot as one of Law360's 2021 Intellectual Property MVPs.

  • September 08, 2021

    Mylan Pushes Back Against EpiPen Buyers' Appeal Bid

    Mylan urged a Kansas federal judge to dismiss a class of EpiPen buyers' bid to appeal a June order finding that the drug giant cannot face racketeering allegations or claims over rebates for its allergy treatment, arguing that they're simply attempting to relitigate issues the trial court already examined. 

  • September 08, 2021

    Meet Biden's Pick For The 9th Circ.: Judge Lucy Koh

    California federal Judge Lucy H. Koh, one of three judges President Joe Biden nominated to the Ninth Circuit on Wednesday, is used to the limelight after a decade overseeing high-profile Silicon Valley litigation and her noteworthy rejection of the Trump administration's plan to quickly finish the 2020 U.S. Census.

  • September 08, 2021

    Fed. Circ. Backs Patent Review Despite Arbitration Agreement

    The Federal Circuit on Wednesday refused to take up appeals over whether the Patent Trial and Appeal Board was wrong to institute review on several patents covering semiconductor technology despite an arbitration agreement between the parties. 

  • September 08, 2021

    Disney Seeks To Toss 'Pirates' Script IP Suit Again

    The Walt Disney Co. has once again torn into claims by two screenwriters who allege that the "Pirates of the Caribbean" film franchise copied their script after the Ninth Circuit revived the case last year, knocking the pair for relying on testimony from an expert who "questions whether the pirate genre exists."

  • September 08, 2021

    Ind. Man Sues Over Pic As Minor Used In PeopleConnect Ads

    An Indiana resident is suing popular online background search company Intelius in a Washington federal court for making him "seriously distressed" by using images of him as a minor to advertise paid subscriptions for its Classmates.com service.

  • September 08, 2021

    Commerce Official Defends Slow Pace Of Tech Control Rules

    The U.S. Department of Commerce's top export control official on Wednesday denied the department was intentionally slow-walking the introduction of controls on emerging and "foundational" technologies, saying its deliberate, multilateral approach was designed to ensure regulations are effective.

  • September 08, 2021

    Texas Fuel Co. Must Arbitrate IP Fight With Total Unit

    A Texas federal judge on Wednesday sent to arbitration claims lodged by a Houston-based fuel delivery startup that a Total SA subsidiary illegally shared its trade secrets with a rival.

  • September 08, 2021

    Skittles Maker Wants IP Suit Against Cannabis Co. Kept Alive

    Wrigley has urged an Illinois federal court to deny a cannabis company's bid to nix a trademark infringement suit over its "Zkittlez" name and marketing strategy, saying the candy and gum giant has sufficiently shown the cannabis company had enough connection to the Prairie State.

  • September 08, 2021

    PTAB Rejects Apple's Bid For IPR Of Koss Headphone Patent

    The Patent Trial and Appeal Board has denied a petition from Apple for inter partes review of a Koss Corp. patent covering wireless headphones, saying the iPhone maker failed to establish a reasonable likelihood it would prevail in invalidating at least one of the 35 claims it challenged.

  • September 08, 2021

    Apple Gets OK To Transfer Emoji Copyright Suit To Calif.

    Apple can move a copyright lawsuit against it over emojis with diverse skin tones from Texas to California after a district judge found that certain evidence regarding emoji development and design in the Golden State favored transferring the case there. 

  • September 08, 2021

    Judge Nixes Sanctions, Fees After CME's $15.7M TM Trial Win

    Intercontinental Exchange Inc. isn't entitled to sanctions and attorney fees for having to defend trademark infringement claims the Chicago Mercantile Exchange dropped before winning $15.7 million from Intercontinental subsidiaries because nothing about the parties' litigation was objectionably unreasonable, an Illinois federal judge said Wednesday.

  • September 08, 2021

    Video Game Maker Ubisoft Wins Fees In Patent Fight

    A Delaware federal judge has determined that video game maker Ubisoft is owed legal fees, after the company successfully defended claims that it infringed a Texas company's patent that covers a system meant to control a virtual reality environment.

  • September 08, 2021

    Full Fed. Circ. Is Urged To Rehear Car Part Patent Row

    Ingevity Corp. is arguing in a bid for rehearing that the Federal Circuit erred when it used a new line of reasoning to affirm a trade agency's ruling that MAHLE Filter Systems North America Inc. and two affiliates didn't infringe Ingevity's car emission filter systems because the patent was invalid.

  • September 08, 2021

    PNC Bank Can't Duck Out Of Check Deposit IP Row

    U.S. District Judge Rodney Gilstrap has cleared the way for United Services Automobile Association to proceed with its mobile check deposit patent infringement case, saying PNC Bank's attempt to dodge the suit was premature.

  • September 08, 2021

    MVP: Latham's Bert Reiser & David Callahan

    Bert Reiser and David Callahan of Latham & Watkins LLP led a team of global attorneys that successfully secured a $1.8 billion settlement — the largest ever in a trade secrets case — for LG Energy Solution Ltd. in a bitter dispute with its South Korean rival SK Innovation, earning them a spot among Law360's 2021 Intellectual Property MVPs.

  • September 08, 2021

    PTAB Wipes Out BASF Patent On Fatty Acid

    The Patent Trial and Appeal Board has sided with the Australian national research agency's arguments to ax a BASF unit's patent covering a kind of fatty acid used to fortify food, finding that the patent doesn't enable what it says it does.

  • September 08, 2021

    Patent Holder Can't Escape Lyft's Noninfringement Case

    A California federal judge has refused to toss Lyft Inc.'s suit claiming that it does not infringe a series of Quartz Auto Technologies patents covering GPS and autonomous vehicle and device locator technology, finding that the court has jurisdiction over the patent owner.

  • September 07, 2021

    Monthlong Trading Tech Patent Trial Ends With $6.6M Verdict

    An Illinois federal jury awarded Trading Technologies International Inc. a $6.6 million verdict Tuesday, finding after a monthlong trial that IBG LLC, one of the few online brokerage firms left in the decade-old patent saga, infringed, although not willfully, two patents covering electronic stock trading methods.

  • September 07, 2021

    ITC Properly Steered Jeep-Indian Co. IP Row, Fed. Circ. Told

    The International Trade Commission has urged the Federal Circuit to uphold the commission's ruling that Indian automaker Mahindra's imported Roxor vehicle infringed on the "iconic" trade dress of Fiat Chrysler Automobiles' Jeep brand, but also that a redesigned Roxor does not infringe.

Expert Analysis

  • Avoiding Antitrust Issues In Search Term Ad Agreements

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    Amid increased appetite in antitrust enforcement and litigation concerning negotiations between companies over search term advertising, use of such agreements should be approached with caution, particularly when restrictions on keyword bidding are involved, say attorneys at Winston & Strawn.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Opinion

    Amend Rule 702 To Clarify Expert Witness Standards

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    Courts have taken widely different approaches to the U.S. Supreme Court’s Daubert decision on expert testimony admissibility, often misinterpreting the underlying standards set forth by Federal Rule of Evidence 702, but a proposed amendment will dispel misunderstandings and clarify the judicial gatekeeping role, says Alex Dahl at defense-side group Lawyers for Civil Justice.

  • The Need For Insurance Options To Protect NFTs

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    Until insurance companies offer crucial protections to cover the unique risks in the nonfungible token market, NFT owners, buyers, marketplaces, wallet providers and server farms remain exposed to potentially significant hazards, say attorneys at Pillsbury.

  • Opinion

    High Court Arthrex Remedy Should Concern Congress

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    In light of the U.S. Supreme Court's decision in U.S. v. Arthrex, stripping Patent Trial and Appeal Board judges of final decision-making authority and delegating discretionary review power that Congress may have withheld for good reason, the America Invents Act needs some tweaks, say Scott McBride and Alex Vogler at McAndrews Held. 

  • Responding To Novelty Rejections After Recent PTAB Ruling

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    After the recent Patent Trial and Appeal Board decision in Ex Parte Littlejohn, reversing a rejection for lack of novelty, practitioners should rigorously argue when office actions fail to disclose all the limitations and elements in a claim, and strategically use appeals, says Martin Miller at Kacvinsky Daisak.

  • 1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases

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    The Federal Trade Commission's recent loss against 1-800 Contacts in the Second Circuit illustrates the challenge facing antitrust enforcers in bringing actions against intellectual property rights holders, with many courts taking a narrow view of what constitutes anti-competitive conduct, say attorneys at Duane Morris.

  • Texas Ruling Shows Weight Of State Immunity In IP Claims

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    Unusual circumstances led to the Texas Supreme Court’s recent copyright decision in Jim Olive v. University of Houston — a case that likely should have been subject to federal preemption — and the court’s conclusions reveal that copyright owners may have little redress when a state government infringes their intellectual property rights, say attorneys at Haynes and Boone.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • Next Steps For Cos. After High Court Patent Assignor Ruling

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    Following the U.S. Supreme Court's recent decision in Minerva v. Hologic limiting a doctrine that bars patent assignors from attacking the validity of patent rights, attorneys at Paul Hastings offer several practical tips for employers, litigants, and parties prosecuting applications from acquired portfolios.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Opinion

    Federal Tech, Trade Bill Needs IP Owner Transparency Tweaks

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    A pending federal bill to advance innovation contains an amendment, aimed at exposing Chinese interests in U.S. patent assignments, that needs refinement to involve proper legislative channels and boost patents' value, say former U.S. Patent and Trademark Office Director David Kappos, now at Cravath, and former Federal Circuit Chief Judge Paul Michel.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Drafting, Litigation Tactics Post-Fed. Circ. Camera Patent Ax

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    Patent drafters and litigants can employ several strategies to avoid the result in the recent Federal Circuit Yu v. Apple decision, which upheld the invalidation of a digital camera patent as abstract where there was a mismatch between the claims and specification of the invention's advantages, says attorney Jason German.

  • 6 Ways To Guide Applications Under New Patent Classification

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    Intellectual property practitioners can navigate the recently implemented Cooperative Patent Classification system to direct applications to specific prior art units within the U.S. Patent and Trademark Office, avoid especially difficult units, and improve clients' portfolios in newly emerging technologies, say Roberta Young and Brian Michaelis at Seyfarth.

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