Intellectual Property

  • November 17, 2017

    Orexigen Seeks Toss Of Suit Over Drug Trial Leaks

    A lawsuit seeking damages from Orexigen Therapeutics Inc.'s board for sharing confidential information about an unfinished obesity drug trial fails to connect the leaks to any improper intent, a directors' attorney said in arguing for dismissal of the case Friday in Delaware Chancery Court.

  • November 17, 2017

    Cybersecurity Veteran Joins Crowell & Moring's SF Office

    Crowell & Moring LLP has picked up Orrick Herrington & Sutcliffe LLP’s leading cybersecurity and data privacy attorney, who has experience representing major tech companies including Facebook and Microsoft, to serve as a partner in its San Francisco office.

  • November 17, 2017

    PTAB Unveils Procedures For Remands From Fed. Circ.

    The U.S. Patent and Trial Appeal Board has issued guidelines for how to handle America Invents Act reviews that come back to the board on remand from the Federal Circuit, including a new goal to issue remand decisions within six months, according to a document released Thursday.

  • November 17, 2017

    Judge Halts Post-Trial Patent Re-Examination Bid

    A federal judge granted an emergency restraining order on Thursday to bar sportswear maker Seirus Innovative Accessories, facing a $3.4 million judgment in a trial against Columbia Sportswear North America Inc. over jacket lining patents, from rebooting the California court fight in the U.S. Patent and Trademark Office.

  • November 17, 2017

    Gilstrap Denies Another Post-TC Heartland Transfer Bid

    Eastern District of Texas Judge Rodney Gilstrap has refused to transfer multiple patent infringement suits filed by Nichia Corp. against television and lightbulb makers, finding that the companies consented to litigate the disputes in Texas and they can’t “take back” that admission in the wake of the Supreme Court’s May TC Heartland decision.

  • November 17, 2017

    Fed. Circ.’s Judge Lourie Defends Court’s Patent Purview

    The Federal Circuit’s recent rash of reversals at the U.S. Supreme Court isn’t cause for worry, according to Federal Circuit Judge Alan D. Lourie, who said Friday they’re a sign of reasonable differences in high-stakes cases.

  • November 17, 2017

    Design Patent Owners Find Hope In Wake Of Apple Ruling

    Amid uncertainty over payouts for infringement for design patents, Columbia Sportswear's recent multimillion-dollar trial win in a case over cold-weather gear has been a source of hope for patent owners, and is among a handful of cases that may signal where the law is headed.

  • November 17, 2017

    Black & Decker Settles Blackbird Rechargable Battery IP Row

    Stanley Black & Decker Inc. settled a lawsuit Thursday initiated by Blackbird Technologies that alleged that its products infringed the asserted claims of a patent covering rechargeable battery accessories for cordless power tools.

  • November 17, 2017

    Catheter IP Row Settles After Fed. Circ. Kills $20M Ruling

    AngioScore Inc. and TriReme Medical LLC have settled a breach of duty and patent infringement suit over the design of a heart catheter after the Federal Circuit overturned a $20 million judgment in AngioScore’s favor, the companies told a California federal court Thursday.

  • November 17, 2017

    Brand Battles: Wu-Tang Takes On 'Woof-Tang' Dog Walkers

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, legendary hip hop group Wu-Tang Clan takes on a Manhattan dog walker called "Woof-Tang Clan," Play-Doh gets involved with nonsmell-related trademarks, and Sazerac takes a "Paddy" whack at a small Massachusetts company.

  • November 17, 2017

    Facebook Cites Alice In Bid To Escape Search Patent Suit

    Facebook Inc. invoked the U.S. Supreme Court’s Alice decision on Thursday in an attempt to rid itself of an infringement suit over organized search results, telling a California federal court that people have been organizing information as long as they’ve been gathering it.

  • November 17, 2017

    Cozen O’Connor Snags Ex-DLA Piper IP Litigator

    A DLA Piper litigator who has represented information technology company Micro Focus in a copyright lawsuit and a shareholder group in a merger-related intellectual property dispute — and is the grandson of a DLA Piper founder — has joined Cozen O’Connor.

  • November 17, 2017

    Seagate, Hulu IP Attys Say Don't Negotiate With NPEs

    An Uber Inc. intellectual property executive and IP counsel at Seagate and Hulu lambasted patent licensing companies for filing frivolous suits during an event in Silicon Valley on Thursday, with all of them agreeing that they take a "don't negotiate with terrorists" strategy in fighting nonpracticing entities.

  • November 17, 2017

    Google Seeks Final Ruling Protecting Search Results

    Google urged a California federal judge Friday to permanently stop enforcement of an order from Canada’s highest court that would compel the tech titan to scrub worldwide searches of results from a company accused of selling products containing stolen trade secrets.

  • November 17, 2017

    Shiboleth Calls Latest Malpractice Suit Tardy

    The third time is not the charm for a malpractice and fraud suit brought against Shiboleth LLP by ex-client Luv n’ Care Ltd., the firm told a New York federal court Thursday, saying the latest claims were filed years too late.

  • November 17, 2017

    CORRECTION: 9th Circ. Sides With Wife’s Estate In Steinbeck IP Row

    The Ninth Circuit on Thursday upheld a lower court’s decision to dismiss copyright infringement claims John Steinbeck’s daughter-in-law and his granddaughter brought against his stepdaughter, finding that other courts have already settled arguments over “Of Mice and Men” and “The Red Pony” movie rights. Correction: A prior version of this story incorrectly identified the case at issue in the appeal. The story has been corrected.

  • November 17, 2017

    USPTO Defends Win-Or-Lose Fee Rule To Full Fed. Circ.

    The U.S. Patent and Trademark Office filed its opening brief Thursday at the Federal Circuit in a closely watched case over its new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of who wins the case.

  • November 16, 2017

    Fed. Circ.'s Cray Ruling Changed Patent Venue Law: Judge

    A Wisconsin federal judge has held that because a recent Federal Circuit ruling known as Cray Inc. clarified how venue rules should mesh with patent law, there is “little dispute” that a case involving the alleged infringement of a patent covering a screen panel should be transferred to the Middle District of Pennsylvania.

  • November 16, 2017

    Oil States Case Likely Won’t Save Axed Patents, Judge Says

    A Texas federal judge has dismissed a gas leak detection patent suit after the Patent Trial and Appeal Board invalidated the patents, rejecting the patentee’s argument that the U.S. Supreme Court could revive the patents in an upcoming case by voiding every past PTAB decision.

  • November 16, 2017

    PTAB Chief Debunks Patent Myth As Petitions Soar

    The Patent Trial and Appeal Board's chief judge said Thursday that he wants to debunk the notion that patent owners are getting "gang tackled” as the PTAB receives more review petitions than ever, arguing that 84 percent of the time a single petitioner challenges the patent.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • High Court May Quash PTAB, But ITC Practice Will Live On

    Lisa Kattan

    It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.

  • A Post-Lexmark Plan For Multiple Inventive Methods Of Use

    Jorge Goldstein

    Following the U.S. Supreme Court's decision this year in Impression Products v. Lexmark, companies — particularly pharmaceutical companies — should look to obtain multiple distinct patents with method-of-use claims in order to insulate at least part of their patent portfolios from the defense of patent exhaustion, say Jorge Goldstein and Neil Shull of Sterne Kessler Goldstein & Fox PLLC.

  • How The Gov't Defends PTAB Partial Institution Rule

    Jason Nolan

    The U.S. Patent and Trademark Office’s persuasive brief in SAS Institute v. Matal — set for oral argument on Nov. 27 — suggests this inter partes review case may improve the government’s winning percentage at the U.S. Supreme Court, says Jason Nolan of Duane Morris LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Winning Section 101 Motions By Defining The Abstract

    Brian Beck

    The Federal Circuit's latest Section 101 decision — Smart Systems v. Chicago Transit Authority — once again should guide patent litigators toward focusing their 101 motion practice around the goal of defining the central “idea” of the patent in their clients’ favor, says Brian Beck of SpencePC.

  • Why Trade Secret Litigation Is On The Rise

    Jeffrey Mordaunt

    The insight we gathered from analyzing federal trade secret cases decided since 1990 paints a clear picture of the far-ranging effects that the Defend Trade Secrets Act, patent law and the changing labor landscape will have on trade secret litigation going forward, say Jeffrey Mordaunt and Joshua Swedlow of Stout Risius Ross LLC.