Intellectual Property

  • September 07, 2021

    Fed. Circ. Affirms PTAB Loss For SiriusXM On Satellite Patent

    The Federal Circuit on Tuesday affirmed a Patent Trial and Appeal Board ruling that upheld a satellite broadcasting patent challenged by SiriusXM, despite arguments that the board improperly applied an "inflexible and formulaic form over substance analysis."

  • September 07, 2021

    Albright Is Asked To Punish Oil Biz In Patent Fight

    An oilfield technology company wants U.S. District Judge Alan D. Albright to issue sanctions that could significantly boost its patent case against a Texas rival, according to a motion that blames a noninfringement ruling last year on "concealed critical evidence" in the case.

  • September 07, 2021

    Reps. Reintroduce Bill To Keep 'Patent Trolls' Out Of ITC

    Two U.S. House of Representatives members reintroduced a bill Tuesday that aims to restrict the ability of patent licensing companies to file suits at the U.S. International Trade Commission, saying the legislation would help protect American companies.

  • September 07, 2021

    Albright Won't Bar Tech Giants' Declaratory Judgment IP Suits

    U.S District Judge Alan Albright won't bar Apple, Verizon and AT&T from pursuing declaratory judgments of invalidity and noninfringement in California federal court after Voip-Pal accused them of infringing two patents on internet protocol communications in the Western District of Texas.

  • September 07, 2021

    BASF Seeks Up To $48M As Ingevity Trial Opens In Delaware

    An attorney for BASF Corp. told federal jurors in Delaware on Tuesday that the company will seek $39 million to $48 million in damages for Ingevity Corp.'s alleged effort to lock up markets for a widely used component of motor vehicle emissions control systems.

  • September 07, 2021

    Finjan, SonicWall Ask Judge To Nix IP Suit To Set Up Appeal

    Patent holding company Finjan LLC and SonicWall Inc. are asking a California federal judge to rule that SonicWall didn't infringe Finjan's computer security patents based on the court's interpretation of the claims, paving the way for Finjan to appeal the ruling.

  • September 07, 2021

    Wolfman Jack Family, Fan Reach Deal Over IP Claims

    The widow and son of disc jockey Wolfman Jack have reached a tentative settlement to end claims they reneged on deals to sell his recorded shows and copyrights and harassed the fan who bought most of the archive, according to a Massachusetts federal court filing Tuesday.

  • September 07, 2021

    Tech Giants Fight Enhanced Damages In Cisco's $2.7B IP Loss

    An industry group whose members include Amazon, Google and Intel are urging the Federal Circuit to wipe out part of one of the largest patent awards in U.S. history, using a $2.7 billion damages judgment leveled against Cisco to lay out how they want courts to calculate enhanced damages in patent cases.

  • September 07, 2021

    AbbVie Settles Patent Dispute Over Muscle Stimulation Tech

    AbbVie has agreed to pay BTL Industries an undisclosed sum to settle patent litigation over muscle stimulation technology used for aesthetic purposes, the latter company said Tuesday.

  • September 07, 2021

    MVP: Jenner & Block's Alex Hadjis

    Jenner & Block LLP partner Alex Hadjis helped Roku beat infringement claims in the first patent jury trial overseen by U.S. District Judge Alan Albright, earning the Washington, D.C.-based attorney a spot as one of Law360's 2021 Intellectual Property MVPs.

  • September 03, 2021

    Insurer's Win Preserved In Distillery TM Suit Coverage Fight

    A Missouri federal judge on Thursday declined to revisit his recent decision that Cincinnati Insurance Co. doesn't have to cover a Missouri distillery for trademark infringement suits over the distillery's monogram-label whiskey, saying the distillery's motion for reconsideration merely rehashed old arguments already rejected by the court.

  • September 03, 2021

    Fed. Circ. Mulls Densify's Bid To Revive $236M Patent Suit Win

    A Federal Circuit panel on Friday seemed hesitant to reinstate a $236 million jury verdict against VMware for infringing Densify cloud infrastructure patents, scrapped at the trial level for lack of standing, with one judge suggesting that Densify's view of Article III standing appeared "too broad."

  • September 03, 2021

    After Fed. Circ. Urged Rethink, Albright Won't Move Dish Case

    Western District of Texas Judge Alan Albright on Friday again refused to transfer a patent suit against Dish Network to Colorado, weeks after the Federal Circuit identified what it said were flaws in his previous ruling and said it was "confident" he would reconsider.

  • September 03, 2021

    Fed. Circ. Affirms Bristol-Myers, Pfizer Win In Eliquis IP Row

    The Federal Circuit on Friday affirmed that two patents on Bristol-Myers Squibb and Pfizer's blockbuster blood clot treatment Eliquis are valid and infringed by generic manufacturers, with the pharmaceutical companies saying the ruling will shut generic versions out until 2028.

  • September 03, 2021

    Fed. Circ. Seems Split On Backing FanDuel's Alice Patent Win

    The Federal Circuit appeared divided Friday over whether a lower court had correctly declared a gaming-related patent invalid under the U.S. Supreme Court's Alice ruling before a case against sports gambling company FanDuel made it to trial.

  • September 03, 2021

    Brand Battles: Popsicle Maker Roasts 'S'Moresicle' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a Unilever subsidiary is going after a trademark application for "S'Moresicle," citing its own registrations for the Popsicle, Creamsicle and other frozen desserts — plus four other cases you need to know about.

  • September 03, 2021

    Cree And Rival Want ITC To Review LED Patent Ruling

    LED bulb manufacturer Cree Inc. and a rival New Jersey lighting company separately want the U.S. International Trade Commission to take a look at how an administrative law judge came down in their infringement case last month.

  • September 03, 2021

    'So What?' Drake's Champagne Co. Takes Shot At Wine Sellers

    The company behind Drake's high-priced Mod Sélection Champagne has hit back at a pair of wine retailers who want to scrap the company's "brand-damaging" pricing suit for not targeting its former investment partner, saying the so-called missing defendant doesn't impact the retailers' ability to defend themselves.

  • September 03, 2021

    Greenberg Traurig Nabs 3 New Hires Amid Major Expansion

    Greenberg Traurig LLP has snagged three new attorneys for its offices in Boston, Chicago and Salt Lake City, expanding the firm's real estate, corporate and bankruptcy practices with two new shareholders and an of counsel.

  • September 03, 2021

    Snell & Wilmer Adds IP Pro To Growing San Diego Office

    Snell & Wilmer LLP has added a patent lawyer from Eversheds Sutherland to the firm's recently expanded San Diego office.

  • September 03, 2021

    Copyright Office Floats CCB's Rules For Leaving

    The U.S. Copyright Office has laid out how much time it's proposing to give the recently created Copyright Claims Board to let libraries, archives and class action litigants opt out of cases set in front of the board, which will hear low-dollar value copyright disputes.

  • September 03, 2021

    Teva Drops Claim That Rival Slowed Generic Development

    Teva Pharmaceuticals has voluntarily dropped its claims against Amicus Therapeutics Inc., which it had accused of hoarding supplies of a costly brand-name medication in violation of a new federal law aimed at providing generic drug manufacturers with predictable supplies of new medicines to aid in bringing unbranded alternatives to market.

  • September 03, 2021

    LG Asks Full Fed. Circ. To Mull Timeliness Of IP Appeal

    LG Electronics Inc. wants the full Federal Circuit to review whether it can exceed a 30-day statutory limit on interlocutory appeals, saying a three-judge panel missed the mark in determining its appeal of post-trial motions in a suit over a Mondis video display was untimely.

  • September 03, 2021

    IP Hires: Dechert, Morrison & Foerster, O'Melveny

    Dechert LLP bolstered its San Francisco office with the addition of a Paul Hastings attorney and former federal prosecutor, and Morrison & Foerster brought on a former Baker Botts patent attorney to the firm's life sciences team. Here are the details on these and other notable hires.

  • September 03, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Kazakh mining company ENRC file libel lawsuits over a 2020 book, the Solicitors Regulation Authority take action against a human rights lawyer, and London's police force face an unfair contract procurement claim. 

Expert Analysis

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Justices' CFAA Ruling Shows Contract Safeguards Insufficient

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    Because of the U.S. Supreme Court's ruling in Van Buren v. U.S. that violating contractual limitations on proper use doesn't trigger Computer Fraud and Abuse Act liability, courts will likely also find violations of contractual limitations on access insufficient, so businesses should promptly implement technological barriers, says Aaron Dilbeck at Munck Wilson.

  • Opinion

    We Need Reliable Data On Patent Agent, Atty Gender Diversity

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    New U.S. Patent and Trademark Office data showing that four times as many women become patent agents compared to patent attorneys is likely not accurate, and a better measure involves investigating registered attorneys' and agents' statuses over time, says Christopher Turoski at the University of Minnesota Law School.

  • Central Bank-Backed Crypto Requires Regulatory Framework

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    As countries roll out central bank-backed digital currencies, establishing global uniformity in financial and intellectual property regulations will be crucial to prevent fraud, deceptive practices and general confusion, says Ali Dhanani at Baker Botts.

  • Anticipating Patent System Change-Ups Under Biden

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    Though early signs indicate that the Biden administration isn't prioritizing patent system repair, practitioners should carefully monitor the imminent change in U.S. Patent and Trademark Office leadership in advising clients on whether and when to file inter partes reviews, says Kevin Schubert at McKool Smith.

  • 5 Practical Takeaways From High Court Arthrex Ruling

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    William Milliken at Sterne Kessler offers considerations on the narrow scope of the U.S. Supreme Court's holding on Monday in U.S. v. Arthrex, that Patent Trial and Appeal Board judges are unconstitutionally appointed, and contemplates the questions it leaves open for litigants and practitioners.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • DOJ Antitrust Letter Charts Path To Higher Ed IP Collaboration

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    A recent letter from the U.S. Department of Justice to a group of research universities indicated that a proposed technology-focused patent licensing pool contained sufficient competition protections, providing a collaboration road map that higher education can use to support further IP development, say attorneys at BCLP.

  • A Practical Metric For Annual Patent Filing Targets: Part 2

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    Companies can prepare an estimated budget for patent portfolio management by factoring in the expected costs of preparing and filing provisional U.S. patent applications, based on the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, say Michael Sartori and Matthew Welch at Baker Botts.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Fed. Circ. Raytheon Ruling Shifts Obviousness Analysis

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    The Federal Circuit's recent decision in Raytheon v. General Electric collapses distinctions between prior art analyses for anticipation and single-reference obviousness, shedding light on enablement requirements for invalidating patent claims, says John Nilsson at Arnold & Porter.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Thorny Issues Posed By WTO Vaccine Patent Waiver

    Excerpt from Practical Guidance
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    The U.S. government's talks with World Trade Organization member states on waiving certain intellectual property rights for COVID-19 vaccines present complex questions with regard to pharmaceutical industry barriers to entry, existing mechanisms for transfer of vaccine technology and long-standing international treaty obligations, says Catriona Collins at LexisNexis.

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