Intellectual Property

  • August 30, 2021

    How Firms Can Help Law Schools Leap Into The Future

    While law schools are shaping the next generation to fill law firm's ranks, the inverse is also true: law firms can help steward schools even further into a new age of the profession. Here, Law360 Pulse explores how firms can influence change in the law school-to-law firm pipeline.

  • August 30, 2021

    4 Ideas For Updating Law Schools Post-Pandemic

    Law schools were thrown into a lurch during the COVID-19 pandemic, reinvigorating a debate about the need to modernize them. Here, legal experts explain four ways that law schools can continue to evolve post-pandemic.

  • August 30, 2021

    Inside The 'Battleground For The Internet's Soul': Section 230

    The once-obscure Section 230 of the Communications Decency Act, which has enabled platforms like Facebook, Twitter and YouTube to shape the digital world, now faces an increasingly harsh floodlight over the broad immunity it confers on those platforms.

  • August 27, 2021

    Jury Awards $4.7M In Mass. General Genetic Test Patent Trial

    A Delaware federal jury on Friday found that European genetic testing company Qiagen willfully infringed a pair of patents owned by Massachusetts General Hospital and biotech company ArcherDX, awarding royalties and lost profits totaling about $4.7 million.

  • August 27, 2021

    6th Circ. Says Medical Cos. Can't Arbitrate Trade Secrets Row

    The Sixth Circuit on Friday agreed with an Ohio federal court to keep a U.S.-based medical device maker's trade secrets case against its former distributor out of arbitration in China, though a dissenting judge accused the majority of rewriting pro-arbitration state laws.

  • August 27, 2021

    Complete Genomics Gets Trim Of Illumina's DNA Tech IP Suit

    A California federal judge Friday trimmed Illumina's lawsuit purportedly seeking to stop Complete Genomics' "latest attempt at brazen infringement" of its DNA sequencing patents in a decade-long patent war, tossing a claim for literal infringement while declining to find a different Illumina patent invalid.

  • August 27, 2021

    9th Circ. Revives Beauty Products Co.'s Trademark Suit

    The Ninth Circuit on Friday revived a California-based beauty company's trademark case against an Australian skin care company with a similar name, finding that the lower court had jurisdiction over the case.

  • August 27, 2021

    Brand Battles: Nine West Takes On 'Drag Race' Star Nina West

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nine West is trying to stop "RuPaul's Drag Race" star Nina West from registering a trademark on her name for tote bags and other items — plus six other cases you need to know.

  • August 27, 2021

    Google's Bid To Nix Malware Patents Falls Short At Bench Trial

    U.S. District Judge Rodney Gilstrap has turned down Google's efforts to throw out malware protection patents after a jury in 2017 found that the tech giant infringed them and should pay $20 million, concluding that some of Google's invalidity arguments were contradictory.

  • August 27, 2021

    Nike Accuses Another Designer Of Selling Fake Sneakers

    Nike Inc. is expanding its legal war against sneakers that allegedly riff on the company's famous trade dress, this time targeting a designer who Nike says ripped off the look of the Air Force 1.

  • August 27, 2021

    Ex-Pharma Co. Heads Plead Guilty In Trade Secrets Case

    Two co-founders of Taiwanese company JHL Biotech Inc. have copped to charges that they conspired to swipe Genentech's medical trade secrets, according to the federal government.

  • August 27, 2021

    Dechert Adds Ex-Prosecutor And Ex-Paul Hastings Atty In SF

    Dechert LLP continues to grow in California as the firm added an attorney from Paul Hastings and a former federal prosecutor to its office in San Francisco.

  • August 27, 2021

    Judge Won't Revive Pierce Bainbridge Fee Dispute Suit

    The lawyer accusing John Pierce of Pierce Bainbridge PC of poaching a client has had the door slammed shut on him once again, after a Pennsylvania federal judge declined to rethink her dismissal of the case despite claims that Pierce lied to the court to obtain that ruling.

  • August 27, 2021

    IP Hires: Paul Hastings, Greenberg Traurig, Ice Miller

    Paul Hastings has brought on a former U.S. Department of Justice antitrust attorney whose clients are in the fintech and media sectors, and a former Buchanan Ingersoll & Rooney attorney has joined Greenberg Traurig's intellectual property team. Here are the details on these and other notable hires.

  • August 27, 2021

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

    This past week in London has seen a renewed pursuit of the U.K. government over COVID-19 contracts, fashion brand Superdry face off with an online British retail titan, and the country's largest milk supplier sue a major supply chain business.

  • August 26, 2021

    Full Fed. Circ. Denies Intel's Bid For Redo Of VLSI Patent Fight

    The full Federal Circuit denied a petition Thursday by Intel Corp. to rehear its challenge to the Patent Trial and Appeal Board's policy of refusing to institute review of a patent when a trial is looming in district court, allowing a multibillion-dollar verdict in favor of VLSI Technology to stand.

  • August 26, 2021

    Fed. Circ. Forecast: Apple Fights Caltech's $1.1B Patent Win

    Apple and Broadcom will argue at the Federal Circuit next week that a $1.1 billion jury verdict the California Institute of Technology won last year over data transmission patents was based on erroneous claim construction and led to "enormous and unwarranted" damages. Here's a look at that case — plus all the other major cases facing the court in the coming week.

  • August 26, 2021

    Amazon's Eligibility Dispute Comes Too Late, Israeli Co. Says

    An Israeli kitchen technology startup that unsuccessfully sued Amazon for infringement of its voice technology patents is fighting the online retail giant's request that a Texas federal court find those patents invalid for covering unpatentable subject matter, saying its request came too late.

  • August 26, 2021

    Fed. Circ. OKs Ax of Damages-Expert Testimony In Micron Suit

    Micron Technology Inc. scored a victory Thursday when the Federal Circuit ruled in a precedential opinion that a California federal judge did not err in excluding parts of the opposing side's expert testimony on damages in a patent fight over semiconductor memory technology.

  • August 26, 2021

    Albright Lets Facebook, EBay Ship IP Suits To California

    U.S. District Judge Alan Albright on Wednesday agreed to transfer separate suits brought by Express Mobile over its patented website development methods against Facebook and eBay from the Western District of Texas to the Northern District of California, weeks after the judge denied Google's bid to transfer an Express Mobile suit.

  • August 26, 2021

    Fed. Circ. Clears Google In Spreadsheet Patent Case

    The Federal Circuit on Thursday affirmed a lower court's ruling that Google's spreadsheet program does not infringe several spreadsheet patents owned by a unit of major patent licensing firm Acacia, after previously reversing the judge's ruling that the patents are invalid under Alice.

  • August 26, 2021

    2nd Circ. Won't Rehear FTC's 1-800 Contacts Loss

    The Second Circuit has refused to rethink its decision to let 1-800 Contacts escape allegations from the Federal Trade Commission that it violated antitrust law by aggressively enforcing its trademarks against online competitors.

  • August 26, 2021

    Zydus To Appeal Takeda's Antitrust Win In Drug Patent Row

    Zydus Pharmaceuticals Inc. moved Wednesday to appeal the dismissal of its antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of filing sham patent litigation to delay competition for heartburn medication Prevacid.

  • August 26, 2021

    Apple Opposes Epic's Bid To Access Class Action Docs

    Apple Inc. has urged a California federal judge to reject Epic Games' push to obtain sealed documents in an antitrust suit mirroring Epic's claims against Apple, saying the game developer forfeited any right to the materials by pursuing its own, separate case.

  • August 26, 2021

    Peloton Beats ICON Health Counterclaim In Trade Secret Suit

    Exercise equipment company Peloton Interactive Inc. beat rival Icon Health & Fitness Inc. Thursday in an early skirmish over a federal suit in Delaware accusing Icon of accepting pilfered Peloton advertising materials in violation of the Defend Trade Secrets Act.

Expert Analysis

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • How Tech Race Bill Expands CFIUS Purview To Academia

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    A recently proposed bill that extends Committee on Foreign Investment in the United States oversight to certain foreign funding of U.S. academic institutions highlights policymakers’ view that higher education institutions are not exempt from ongoing policy and legal efforts to press the U.S.-China technology race, says Hdeel Abdelhady at MassPoint Legal.

  • Rebuttal

    HIV Drug IP Waiver Success Should Guide COVID Vax Rollout

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    A Law360 guest article's recent argument that waiving patent protections for COVID-19 vaccines would discourage innovation and harm U.S. industry doesn't hold up against the World Trade Organization's successful compulsory licensing of HIV and AIDS drugs in the early 2000s, says Francis Ssekandi at IPM Associates.

  • Anti-Money Laundering Risks Amid Rising NFT Popularity

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    Last quarter’s nonfungible token sales were 20 times higher than the prior quarter’s volume, making it important that individuals and financial institutions consider several provisions of the recently passed Anti-Money Laundering Act that present compliance risks for NFT transactions, say attorneys at King & Spalding.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Crypto's Enviro Costs Present Challenges For Companies

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    As the value and popularity of cryptocurrency and other digital assets burgeon, their hidden environmental costs will attract increasing scrutiny — potentially forcing companies to reconcile their desire to embrace new technology with their publicly professed sustainability goals, say attorneys at Crowell & Moring.

  • A Practical Metric For Annual Patent Filing Targets: Part 1

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    Analyzing recent National Science Foundation data, Michael Sartori and Matthew Welch at Baker Botts propose an objective, practical metric to help companies determine a target for the number of nonprovisional utility patent applications to file annually based on comparisons of research and development spending among similar companies.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Overlooked Patent Cases: Preclusion's Effect On Settlement

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    Recent, potentially overlooked federal district court decisions expanding the scope of a patent litigation preclusion doctrine demonstrate that parties must consider the long-reaching preclusive impact of dismissing suits with prejudice when drafting terms of settlement agreements, say attorneys at Akin Gump.

  • Courts Are Aligning Patent Fraud, Inequitable Conduct Claims

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    Case law from the decade since the Federal Circuit decided Therasense v. Becton Dickinson reveals that courts are largely offering equivalent treatment to claims alleging enforcement of fraudulently obtained patents in antitrust cases and inequitable conduct claims in infringement cases, say Anne Brody at Gibson Dunn and Elisabeth Ponce at AlphaSights.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • Early Focus On Damages Can Streamline Patent Litigation

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    A Texas federal jury’s recent $2.18 billion patent infringement verdict against Intel serves as a stark reminder that parties should promptly focus on damages to reveal a case's worth, identify early settlement opportunities, and conform litigation strategy to the law, say attorneys at Crowell & Moring.

  • Opinion

    Let's End The Offshoring Of US Patents

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    Congress should work toward removing the loophole that allows companies to avoid U.S. taxes by moving their patents offshore, and ensure profits are taxed where the sales take place, says Sen. Patrick Leahy, D-Vt.

  • Mitigating User Content Risk After EU Copyright Directive

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    As the deadline approaches for member states to implement the European Union’s new copyright directive, which will hold certain online content service providers liable for copyright infringement pertaining to user-uploaded content, companies should have risk-mitigation strategies in place, say attorneys at MoFo.

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