Intellectual Property

  • September 10, 2020

    Justices Asked To Ax 'Unprecedented' Ban In Software Fight

    The U.S. Supreme Court has been asked to overturn a Fourth Circuit ruling that barred a U.K. software company from selling its products in the U.S. until it pays a $79 million judgment to SAS Institute Inc. in their long-running legal battle.

  • September 10, 2020

    Apple's $506M Trial Loss Dooms Its PTAB Challenge

    The Patent Trial and Appeal Board has invoked Apple's $506.2 million trial loss from last month to deny the tech giant's bid to review an Unwired Planet 4G LTE patent.

  • September 10, 2020

    DOJ Antitrust Head Touts Pushback On 'Radical' IP Theory

    U.S. and international courts are starting to push back against the "radical theory" that violations of licensing commitments for standard-essential patents can trigger competition law, thanks in part to U.S. Department of Justice advocacy, the head of the DOJ's Antitrust Division said Thursday.

  • September 10, 2020

    Cisco Wants To Arbitrate Counterclaims In Trade Secret Suit

    Cisco has asked a California federal court to order two former workers to arbitrate the counterclaims they filed in a recent trade secret suit brought by Cisco, which argued the ex-employees were subject to arbitration agreements.

  • September 10, 2020

    Fed. Circ. Grants Atty Fees In 'Demeaning' Goat IP Case

    The Federal Circuit ordered a New York attorney to pay legal fees Thursday, after the U.S. Supreme Court refused to take up his challenge to a restaurant's registered trade dress that he personally found "demeaning" to goats.

  • September 10, 2020

    Illumina Must Let Inventors Be Deposed In DNA Patent Suit

    A California federal judge has shot down Illumina's attempt to scrap a magistrate judge's order requiring the biotechnology company to make the inventors of a DNA sequencing patent it's accusing BGI Genomics of infringing available for deposition.

  • September 10, 2020

    KAIST, Samsung Settle $203M Patent Suit Over Firm's Protest

    Samsung cut a deal to end a patent infringement suit by the intellectual property arm of a South Korean research university following the university's $400 million jury win, which Samsung had challenged, and despite objections from the university's former counsel, according to a Texas federal judge's order dismissing the suit Wednesday.

  • September 10, 2020

    Del. Judge Clears Google Again In Spreadsheet IP Case

    A Delaware federal judge has found that Google Sheets does not infringe several spreadsheet patents owned by a unit of major patent licensing firm Acacia after the Federal Circuit nixed the district court's earlier decision in the case that the patents are invalid.

  • September 10, 2020

    Atty Group Urges Justices To Take 'Inside Out' Copyright Case

    A California attorneys group that represents entertainment industry creative professionals has thrown its support behind a child development specialist's attempt to have the U.S. Supreme Court revive her copyright lawsuit against The Walt Disney Co. over Pixar's animated hit "Inside Out."

  • September 10, 2020

    No New Trial After EagleView's $125M Aerial Imagery IP Win

    A New Jersey federal judge denied a Verisk Analytics Inc. unit's bid for a new patent infringement trial after a jury awarded EagleView Technologies Inc. $125 million, saying in an opinion peppered with references to "Alice in Wonderland" that the facts support the verdict.

  • September 10, 2020

    Judge Trims Suit Accusing LinkedIn Of Holding Monopoly

    A California federal judge on Wednesday dismissed the bulk of an employment-focused tech startup's lawsuit against LinkedIn Inc., ruling the company failed to define the market in which LinkedIn was allegedly holding a monopoly.

  • September 10, 2020

    Kirkland Nabs Ex-Oblon McClelland Patent Leader In DC

    Kirkland & Ellis LLP has bolstered its intellectual property practice with the addition of the former chairman of Oblon McClelland Maier & Neustadt LLP's post-grant patent practice group, the firm has announced.

  • September 10, 2020

    Judge Trims Invisalign Maker Shareholder Suit

    A California federal judge on Wednesday permanently trimmed most of the securities claims against Align Technology Inc., maker of Invisalign teeth straighteners, in a class action that accused the company of lying about an increase in competition as it was losing patents on its products.

  • September 10, 2020

    Facebook Gets Software Co.'s Data Patents Nixed Under Alice

    A California federal judge on Wednesday handed Facebook Inc. a win in Software Rights Archive LLC's lawsuit alleging the social media giant infringed a trio of patents for indexing, searching and displaying data, concluding that the patents cover abstract ideas that are not patentable under Alice.

  • September 10, 2020

    Drug IP Owner Says Boehringer's Overcharge Claim Is Capped

    Licensing company Royalty Pharma has admitted that it overcharged Boehringer Ingelheim patent royalties for sales of its diabetes treatment, but argued in its lawsuit over unpaid money that anything it owed the German drugmaker was limited by the three-year deadline for filing a claim.

  • September 09, 2020

    Drugmakers Want Zetia 'Shortcut' Cert. Short-Circuited

    A Virginia federal judge improperly certified a wildly atypical class last month when she recognized Zetia direct buyers accusing Merck and Glenmark Pharmaceuticals of conspiring to keep a generic version of the cholesterol drug off the market, the pharmaceutical companies have told the Fourth Circuit.

  • September 09, 2020

    PTAB Grills Microsoft On Printed Publication In Uniloc IP Row

    A Patent Trial and Appeal Board judge questioned Wednesday whether the board should accept an argument Microsoft seemingly made up on the fly about the public accessibility of prior art in its challenge to a Uniloc patent covering a method for controlling radio systems.

  • September 09, 2020

    Patent Office Says Thryv Ruling Bars CBM Review Appeals

    The U.S. patent agency and a patent challenger have urged the Federal Circuit to find that Patent Trial and Appeal Board determinations that a patent qualifies for covered business method review are not appealable in light of the U.S. Supreme Court's Thryv ruling.

  • September 09, 2020

    Mural Artist Says Developer Jumping Gun On Bid To Exit Suit

    A Pittsburgh mural artist is fighting a property manager's attempt to escape his Visual Artists Rights Act suit over his destroyed building murals, arguing that the company's summary judgment request shouldn't be granted before discovery is complete.

  • September 09, 2020

    House Bill Could Shield TTAB From Constitutional Dispute

    A House panel moved a bill Wednesday to overhaul how the U.S. government culls outdated and fraudulent trademarks, while tacking on a last-minute provision meant to save the Trademark Trial and Appeal Board from a constitutional challenge.

  • September 09, 2020

    Columbia Care Can't Dodge Fla. Pot Trade Secret Fight

    A New York state judge on Wednesday refused to dismiss a lawsuit accusing multistate cannabis company Columbia Care of stealing trade secrets to run a Florida marijuana business, saying it's too soon to toss the claims.

  • September 09, 2020

    Amneal Gets Del. Judge To Invalidate Estrogen Patch IP

    Delaware's chief judge has invalidated claims of three patents covering Noven Pharmaceuticals' Minivelle estrogen patch for not meeting enablement and written description requirements, in a win for accused infringer Amneal Pharmaceuticals.

  • September 09, 2020

    Qualcomm Tells 9th Circ. FTC Ruling Nixes Consumers' Case

    Qualcomm has told the Ninth Circuit that a recent decision reversing the Federal Trade Commission's win in a case accusing the chipmaker of monopolizing the market for cellular modem chips means a class action targeting the same issue should also be nixed.

  • September 09, 2020

    Gilstrap Won't Delay 'Clash Royale' Patent Trial Due To Virus

    U.S. District Judge Rodney Gilstrap Wednesday declined to postpone a Texas federal court patent trial against Supercell, the maker of the "Clash Royale" mobile game, noting that the gaming company filed its delay bid just 36 hours before Thursday's scheduled jury selection.

  • September 09, 2020

    Fed. Circ. Won't Revive Siemens' Train Warning Patents

    The Federal Circuit has affirmed Patent Trial and Appeal Board rulings that invalidated two Siemens Mobility patents covering rail technology, finding that the board did not err in interpreting a key phrase in the patents.

Expert Analysis

  • How ITC Arrived At Proportional Discovery In IP Investigations

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    A review of post-2015 discovery orders reveals that the International Trade Commission has followed trends toward proportional discovery in patent-infringing import investigations by considering the cost-benefit calculus associated with requested information, say Joshua Hartman and Hayley Ostrin at Adduci Mastriani.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Copyright Law Issues Plague Sherlock Holmes Suit

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    The Arthur Conan Doyle estate's recent lawsuit in a New Mexico federal court against Netflix over a Sherlock Holmes movie faces significant challenges to its copyright infringement argument, including a Seventh Circuit ruling that Sherlock Holmes characters who appeared in public domain and copyright-protected stories can exist in different forms, says Stephen Lee at Benesch Friedlander.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Timing IPRs To Avoid Discretionary Denial Or Damages

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    For patent defendants determining how long they can wait to file parallel inter partes reviews to avoid discretionary denial under the Patent Trial and Appeal Board's recent Apple v. Fintiv ruling, a data-driven approach using recent district court and U.S. International Trade Commission timelines can provide guidance, say Syed Fareed and John Williams at Baker Botts.

  • CFAA Decision May Raise Bar On Scraping Liability

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    A D.C. federal court recently held in Sandvig v. Barr that the Computer Fraud and Abuse Act does not prohibit scraping publicly accessible portions of a website, even when doing so violates the website's terms of service, which is similar to the Ninth Circuit's 2019 hiQ v. LinkedIn decision and may influence scraping law in the coming years, say attorneys at ​​​​Perkins Coie.

  • Rebuttal

    Most Courts Follow 1st Circ. Generic-Delay Ruling's Standard

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    Contrary to a recent Law360 guest article arguing that most courts have criticized or rejected the First Circuit's reversal of class certification in the 2018 Asacol pay-for-delay cases, most courts have in fact followed it, recognizing that precedent requires serious scrutiny of plaintiffs' proposed proof, say attorneys at White & Case.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • What You Missed At PTAB: Contours Of IPR Institution Denial

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    Recent Patent Trial and Appeal Board decisions illustrate the factual circumstances that the board finds compelling when exercising its discretion to deny institution of inter partes review based on copending district court litigation, with practical takeaways for petitioners and patent owners, say Andrew Holtman and Melissa Gibson at Akin Gump.

  • Opinion

    High Court Should Review Arthrex Case

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    Because the Federal Circuit, in ruling that administrative patent judges are improperly appointed, failed to give due weight to the directorial powers superior officers have over APJs, the U.S. Supreme Court should grant the government's petition for certiorari in U.S. v. Arthrex, say attorneys at Amster Rothstein.

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • Opinion

    How Biologics Cos. Disparage Biosimilars And How To Stop It

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    Biologic manufacturers' attempts to cast doubt on the safety and efficacy of biosimilar products are deceptive and potentially anti-competitive, and the government should take action to help consumers afford life-saving medicines, says Michael Carrier at Rutgers Law School.

  • Regulatory Concerns For US Cos.' Offshore Service Centers

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    As more U.S. companies open and use offshore service-delivery centers amid the pandemic, assessment of important tax, intellectual property, cybersecurity and employment considerations can help mitigate regulatory risk and maximize the company's return on investment, says Sonia Baldia at Baker McKenzie.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

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