Intellectual Property

  • August 18, 2017

    How 5 Firms Are Building More Diverse Ranks

    Many are investing in recruitment and retention initiatives aimed at minorities, while at least one is finding that its hiring efforts naturally bring in diverse attorneys. Here’s a look inside a few of the firms that added 20 or more minority attorneys in 2016.

  • August 18, 2017

    The Top Firms For Minority Equity Partners

    The racial makeup of BigLaw’s equity partnership has barely budged in recent years, but some law firms are making notable strides on diversity at the top. Here are the firms with the most racially diverse equity tiers, according to Law360’s Diversity Snapshot.

  • August 18, 2017

    The Best Firms For Minority Attorneys

    After years of diversity initiatives, the legal industry is still coming up short, but some law firms have made notable progress. Here, Law360 ranks the U.S. firms that are leaders in turning diversity goals into workforce realities.

  • August 18, 2017

    Racial Diversity Stagnating At US Law Firms

    The legal industry has again failed to make substantial progress on hiring and promoting minority attorneys, according to Law360’s annual headcount survey, despite more minorities graduating from law school than ever before.

  • August 18, 2017

    8th Circ. Asked To Award Profits In Fastener TM Dispute

    B&B Hardware Inc., a metal fastener manufacturer locked into a longstanding trademark dispute with rival Hargis Industries Inc., has asked the Eighth Circuit to drill down on a jury's finding that Hargis is liable for trademark infringement but doesn't owe any of its profits to B&B.

  • August 18, 2017

    Levi Strauss Says Online Counterfeiters Working 'In Concert'

    Denim giant Levi Strauss & Co. on Thursday filed suit in Illinois federal court in an attempt to stop online counterfeits of the brand's iconic jeans and other marks, especially by sellers in China.

  • August 18, 2017

    Genentech Beats IP Suit Over Breast Cancer Drug Patent

    A California federal judge on Thursday tossed Phigenix Inc.’s patent infringement suit against Genentech Inc. over a breast cancer drug, finding no evidence that Genentech encouraged health care professionals to administer Kadcycla to a narrow subclass of patients or even knew they existed.

  • August 18, 2017

    Fed. Circ. Asked To Revive IBM Web Patent Infringement Suit

    The owner of a pair of patents involving web page loading asked the Federal Circuit on Thursday to reverse a ruling granting a win to IBM on claims it infringed the patents, saying the district court ran afoul of Federal Circuit precedent and that the ruling should be reversed.

  • August 18, 2017

    Apotex Can't Join Nearly Done Orphan Drug Suit, Eagle Says

    Apotex Inc. waited until litigation over the U.S. Food and Drug Administration's denial of orphan drug exclusivity for Eagle Pharmaceuticals Inc.'s chemotherapy injection Bendeka was nearly over before saying it needed to be involved to protect its in-process generic, Eagle said Thursday, urging the D.C. federal court to keep its competitor out of the suit.

  • August 18, 2017

    Dish Wants Claims Tossed In Data Compression Patent Row

    Dish Network Corp. on Thursday argued it’s not subject to Texas jurisdiction in a patent infringement suit related to its data compression technology, and argued there’s no basis for cloud backup company Realtime Data LLC’s assertion of willful infringement.

  • August 18, 2017

    Ex-Statoil Exec Says Injunction Bid Should Be Nixed

    A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.

  • August 18, 2017

    Uber Can’t Use Ex-Exec’s Doc Theft Admission At Waymo Trial

    After receiving a flurry of letters from all sides, U.S. District Judge William Alsup on Friday upheld a finding that attorney-client privilege blocked testimony alleging former Uber self-driving car head Anthony Levandowski admitted to an Uber attorney he’d stolen documents from his previous employer, Waymo.

  • August 18, 2017

    Trump Should Use WTO To Push China On IP, Ex-Official Says

    Although the Trump administration has had harsh words for the World Trade Organization’s dispute system in the past, it should strongly consider using that mechanism to build a case against China’s tech sector intellectual property regime, former WTO Appellate Body Chairman James Bacchus told Law360.

  • August 18, 2017

    Intel Settles Patent Row That Future Link Valued At $10B

    Intel Corp. settled claims from Future Link Systems LLC that it was owed $10 billion in damages for the infringement of 15 patents used in a variety of products including network architecture, cellphones and gaming platforms, according to a recent joint dismissal request in Delaware federal court.

  • August 18, 2017

    USTR Triggers Formal Investigation Of Chinese IP Regime

    U.S. Trade Representative Robert Lighthizer launched a full-fledged investigation of China’s intellectual property practices Friday, focusing on a slew of Beijing’s policies that purportedly force tech companies to hand over sensitive data and secrets in order to do business there.

  • August 18, 2017

    Enzo DNA Testing Patent Found Invalid In Win For Abbott

    Abbott Laboratories scored a win in its long-running patent fight with Enzo Life Sciences Inc. over DNA testing when a Delaware federal judge recently ruled that claims in a patent Abbott was accused of infringing were invalid because they didn’t adequately explain how to make the invention.

  • August 18, 2017

    Default Judgment Granted In Cupcake Sushi Patent Suit

    A California federal court handed Cupcake Sushi LLC a win Friday in its patent suit against Sushi Sweets, which claims that the “unique confectionary dessert cake” maker’s rival failed to meet a deadline for pleading its side of the case accusing a pastry chef of running off with Cupcake Sushi's trade secrets.

  • August 18, 2017

    Augusta National Wins Bid To Halt Golf Memorabilia Auction

    A Georgia federal judge on Thursday told a golf memorabilia auctioneer to take items related to Augusta National Golf Club and the Masters Golf Tournament out of an ongoing auction in the midst of a lawsuit by the club alleging the pieces are either stolen or counterfeit.

  • August 18, 2017

    BMI Asks 2nd Circ. To Uphold Fractional Licensing Win

    There is no support for the government's position that a decades-old antitrust consent decree prohibits Broadcast Music Inc. from issuing fractional licenses for music performance rights and a lower court's rejection of that interpretation should be upheld, BMI told the Second Circuit on Thursday.

  • August 18, 2017

    IP Hires: Ropes & Gray, Orrick, Constantine Cannon

    In this week's intellectual property partners on the move, an experienced PTAB litigator joins Ropes & Gray, Orrick nabs a complex technology patent litigator from K&L Gates, and a former FTC litigator joins Constantine Cannon. Here, we offer details on the attorneys who have landed new jobs.

Expert Analysis

  • How Patent Pools Help Cos. Avoid Infringement Litigation

    William Van Curen

    While the U.S. Supreme Court's recent decision in TC Heartland could reduce the number of patent infringement suits filed by patent trolls, patent pools of all types will remain viable vehicles for reducing patent litigation risk, says William Van Curen of Snell & Wilmer LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Why ITC Is Increasingly Attractive For Patent Holders

    Ajay Mago

    U.S. Supreme Court decisions over the past 15 years are limiting patent holders’ rights, and the recent TC Heartland and Lexmark decisions seem to hew to that direction. The legal community is learning that the U.S. International Trade Commission offers patent holders significant advantages compared to federal court, say Ajay Mago and Scott Anderson of Culhane Meadows PLLC.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.

  • 4 Cases That Could Affect Gov't Contracts For Tech

    Kristen Ittig

    The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is unusual that the past few months have brought so many decisions relevant to this area of law, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • How Fed. Circ. Missed The Intent Behind CBM: Part 2

    Robin McGrath

    It is hard to see how anyone reviewing the legislative history could conclude that Congress intended the covered business method program to be anything other than a cost-savings tool to be used in connection with virtually any nontechnological business method patent with a commercial nexus. As such, it is unclear why the Federal Circuit in Secure Axcess v. PNC Bank felt constrained to limit the program’s reach in the manner that it... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.