Intellectual Property

  • December 03, 2021

    Caltech Sues Samsung After $1B Apple Patent Win

    The California Institute of Technology went to Texas federal court Friday with a new lawsuit that says Samsung's Galaxy smartphones infringe the same patents that a California jury said Apple Inc. and its supplier Broadcom Inc. infringed to the tune of over $1.1 billion in damages.

  • December 03, 2021

    Albright Denies Atty Fees For $13M Winner In Payment IP Trial

    CloudofChange LLC isn't entitled to attorney fees after winning a $13.2 million jury verdict against NCR Corp. for infringement of payment processing patents, U.S. District Judge Alan Albright has ruled.

  • December 03, 2021

    Disney, Netflix, WB Slam 2 Video Sites Over Streaming Piracy

    Disney Enterprises, Warner Bros. Entertainment, Netflix and other entertainment powerhouses accused two streaming websites of selling pirated access to their biggest movies and television shows, such as "Harry Potter" movies and "The Office," according to a lawsuit filed Thursday in California federal court.

  • December 03, 2021

    Fed. Circ. Revives Armored Vehicle Patent Suit Against Gov't

    The Federal Circuit on Friday revived a suit alleging the U.S. Army infringed on two armored vehicle patents, saying the Court of Federal Claims tossed the case without fully addressing a factual dispute over when the patents were put into practice.

  • December 03, 2021

    Conagra Must Face Trade Secret Suit From Schwan's

    A Minnesota federal judge has refused to toss claims against Conagra in a trade secret lawsuit over the company's hiring of a former Schwan's scientist, saying Schwan's could not have known about the alleged trade secret misappropriation before statutes of limitations ran out.

  • December 03, 2021

    Del. Chancery Sends Streaming Tech Co. Stock Battle To Trial

    A four-year-old Delaware Chancery Court battle over equity in and control of Touchstream Technologies Inc. and its mobile device streaming technology was ordered to trial Friday after a vice chancellor said he would need more than a "cold record" to rule on contractual obligations.

  • December 03, 2021

    High Court Asked To Look At Alice Ax In Dropbox Fight

    A patent-holding company is going to the U.S. Supreme Court again after seeing one of its patents invalidated under Alice, arguing that the Federal Circuit ruled in favor of Dropbox without looking at evidence that its third-party data processing invention wasn't abstract.

  • December 03, 2021

    DISH Network Wins $4.4M In Pirated Content Suit

    A New York federal judge has awarded DISH Network LLC more than $4.4 million in the satellite pay-TV giant's lawsuit accusing two companies of illegally streaming content exclusively licensed to DISH for distribution.

  • December 03, 2021

    IP Hires: Paul Hastings, Perkins Coie, Barnes & Thornburg

    A former Kirkland & Ellis litigator whose clients include Motorola and Dyson has joined Barnes & Thornburg, and Paul Hastings strengthened its intellectual property team with the addition of a former Pillsbury Winthrop attorney who previously worked at the U.S. International Trade Commission.

  • December 03, 2021

    Fox Rothschild Snares Buchalter IP Specialist In LA

    Fox Rothschild LLP has grabbed an intellectual property specialist from Buchalter PC to join the firm's Los Angeles office as a partner.

  • December 03, 2021

    Legalist Accused Of Stealing Legal Database's Trade Secrets

    Leopard Solutions is claiming litigation finance company Legalist Inc. stole "enormous swaths" of the legal database's proprietary content through a free trial subscription period to make its own set of data.

  • December 03, 2021

    Amazon Can't Renege On Quick Cashmere IP Trial, Judge Told

    Amazon.com Inc. should not be allowed to delay an agreed-upon bench trial set to start Tuesday on false advertising and trademark claims for allegedly selling knockoff cashmere products, an industry group told a Boston federal judge Friday.

  • December 03, 2021

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

    This past week in London has seen Nintendo take on U.K. internet providers, collapsed TV company Arena take on its directors, and major fashion brands chase MasterCard for swipe fees. Here, Law360 looks at those and other new claims in the U.K.

  • December 02, 2021

    Albright Bars Fitness Co. From Selling Neck Device, For Now

    U.S. District Judge Alan Albright granted a preliminary injunction blocking a fitness company from selling a neck exercise device, finding Thursday that the company's rival, Gonza, is likely to succeed on its claims that the device rips off its patent.

  • December 02, 2021

    IP Forecast: 9th Circ. To Eye Class Cert. In Rock Music Fight

    A Ninth Circuit panel next week will consider whether a California federal court wrongly certified classes of rock musicians and composers accusing a website of marketing unauthorized recordings of rock concerts. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • December 02, 2021

    Asset Manager Defiance Launches 1st ETF Focused On NFTs

    An exchange-traded fund focused on the burgeoning digital assets known as non-fungible tokens started trading Thursday, the fund's sponsor, Defiance ETFs, announced.

  • December 02, 2021

    Rockefeller U. Wins CRISPR Interference Battle At PTAB

    The Patent Trial and Appeal Board has ruled against SNIPR Biome in an interference proceeding after determining that The Rockefeller University was first to invent using the gene-editing technology CRISPR to kill specific bacteria, canceling five SNIPR patents as a result.

  • December 02, 2021

    Justices Told Nearly All Tech Faces Alice Ax Without Changes

    The owners of a digital camera patent that was invalidated as an abstract idea in a dispute with Apple and Samsung told the U.S. Supreme Court that unless it steps in, "virtually every machine" using processors faces the same fate under the current state of patent eligibility law.

  • December 02, 2021

    Attys Seek $113M In Fees From Glumetza Buyers' $454M Deal

    A class of direct Glumetza buyers who scored $454 million in settlements that will end several claims that drugmakers plotted to delay the generic version of the blockbuster diabetes drug asked a California federal court Wednesday to award plaintiffs' attorneys $112.8 million in fees and $2.4 million in costs.

  • December 02, 2021

    Artist Jeff Koons Accused Of Ripping Off Serpent Sculpture

    Pop culture artist Jeff Koons incorporated without permission an artist's sculpture of a serpent wrapped around a rock pedestal to create artwork featuring Koons clutching the lingerie-clad body of Italian adult film actress Cicciolina, according to a federal lawsuit filed Thursday in New York.

  • December 02, 2021

    Investors Sue In Chancery For Bitcoin Miner Layer1's Books

    Stockholders of Layer1 Technologies Inc. have sued the San Francisco-based Bitcoin mining company in Delaware, saying they need to investigate potential mismanagement involving asset transfers to Switzerland and a supply agreement with a Shanghai firm that may have hurt stockholders.

  • December 02, 2021

    Micron Gets PTAB To Ax Claims In Semiconductor Patent

    The Patent Trial and Appeal Board has invalidated a host of claims in a semiconductor patent owned by a Japanese sovereign patent fund, finding the claims that were challenged by Micron Technology Inc. obvious over prior art.

  • December 02, 2021

    Former ITC Atty Joins Paul Hastings From Pillsbury

    An intellectual property attorney, with more than five years of experience working for the U.S. International Trade Commission, left her most recent role as a Pillsbury Winthrop Shaw Pittman LLP partner to join Paul Hastings LLP, the firm announced.

  • December 02, 2021

    Judge Told To Slash 'Friday The 13th' Writer's $1.2M Atty Fees

    The fees that screenwriter Victor Miller seeks for the prominent copyright attorney who secured his win for the rights to his "Friday the 13th" script are needlessly high and based on improper tactics, according to opposition counsel's Wednesday memorandum.

  • December 02, 2021

    ITC To Probe Integrated Circuit Import Claims Against Amazon

    The U.S. International Trade Commission has launched an investigation into a semiconductor manufacturer's allegations that Amazon and a handful of other companies are importing and selling products with circuit chips that infringe on the company's intellectual property.

Expert Analysis

  • Opinion

    New Patent Ownership Bill Should Better Balance Rights

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    While the recently proposed Pride in Patent Ownership Act would bolster opportunities for patent licensees, it would also impose increased costs and regulations on small business and entrepreneur patent owners, so legislators should further consider the balance among rightsholders to ensure a fair innovation system, says Jon Seppelt at Dykema.

  • Opinion

    ITC Should Recalibrate Approach To Adjudicating Redesigns

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    The recent U.S. International Trade Commission opinion in Polycrystalline Diamond Compacts shows that the commission's approach to adjudicating redesigned products disclosed during Section 337 investigations does not properly balance patent holders' rights and the public domain, is highly unpredictable, and needs to be overhauled, says Derek Dahlgren at Devlin Law Firm.

  • ITC Is Split On Domestic Industry Analysis

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    The U.S. International Trade Commission's recent opinion in In Vitro Fertilization demonstrates that the current commissioners disagree on the economic prong of domestic industry requirement in Section 337 investigations, resulting in discord that parties should account for, say Mike Doman and Juan Garcia at Adduci Mastriani.

  • Med Device Case Highlights Physician IP Deal Best Practices

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    The U.S. Department of Justice's recent settlement with Arthrex over False Claims Act allegations demonstrates how physician intellectual property arrangements present compliance risks, which medical device companies can mitigate through best practices covering training, governance and other protocols, say attorneys at Paul Hastings.

  • 5 Considerations For Obtaining Design Patents In US, Abroad

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    With recent World Intellectual Property Organization data indicating a worldwide increase in design patent filings, companies should bear in mind several tips for obtaining and benefiting from design patent protection in the U.S. and abroad, including pointers on key differences among jurisdictions, say Elizabeth Ferrill and Jeffrey Smyth at Finnegan.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Patent Eligibility Is Becoming Increasingly Relevant At ITC

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    Statistical analysis of U.S. International Trade Commission decisions since the U.S. Supreme Court's pivotal 2014 Alice decision reveals that patent eligibility issues are being raised at the ITC more frequently and that the commission is becoming more welcoming to such invalidity challenges, say attorneys at Ropes & Gray.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • How 'Rocket Dockets' Are Affecting IPR Discretionary Denials

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    Statistical analysis of over 500 recent Patent Trial and Appeal Board decisions reveals that filing an infringement suit in one of two so-called rocket dockets provided an advantage for patent owners seeking an inter partes review denial based on the copending trial date, say attorneys at Wilson Sonsini.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • What Return Of Fraud On USPTO Means For TM Practitioners

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    In Chutter v. Great Management, the Trademark Trial and Appeal Board held for the first time that reckless disregard for the truth in declarations constitutes fraud on the U.S. Patent and Trademark Office, alerting practitioners that their inattention could result in cancellation of clients' trademarks, says Laura Winston at Offit Kurman.

  • Choosing The Right IP Protections For Telehealth Innovations

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    Telemedicine and digital health innovations are likely to stay after the COVID-19 pandemic ends, so inventing companies must decide on a comprehensive intellectual property strategy, considering the goals, risks and upfront requirements offered by both patent and trade secret protections, say Eric Sophir and Matthew Horton at Foley & Lardner.

  • Record Award Shows Claims Court's Rising Role In IP Matters

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    The Court of Federal Claims' recent damages award of over $100 million in SecurityPoint Holdings v. U.S. — its largest-ever patent infringement award against the government — highlights the court's increasing importance in patent litigation, as well as its special jurisdiction requirements and fee standards, say Ranganath Sudarshan and Adam Mitchell at Covington.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • Opinion

    4 Ways Kanter Should Clean Up DOJ Antitrust Holdups

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    Newly confirmed by the Senate, U.S. Department of Justice Assistant Attorney General for Antitrust Jonathan Kanter should clear the logjam left by his predecessor by withdrawing certain amicus briefs, reinstating previous patent policy and articulating a balanced approach to standards, says Michael Carrier at Rutgers Law School.

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