Intellectual Property

  • April 25, 2018

    RIAA Says 9th Circ. Must Undo 'Blurred Lines' Ruling

    The powerful Recording Industry Association of America is urging the full Ninth Circuit to overturn last month’s ruling that the hit song “Blurred Lines” infringed Marvin Gaye’s iconic “Got to Give It Up,” calling the decision a “dangerous precedent for the future.”

  • April 24, 2018

    Cybersecurity Warning May Bring Gov't, Industry Together

    The U.S. and U.K. governments’ recent joint warning about hacking threats from Russia offers assurance to businesses that government officials are open to working with them to combat such cyberattacks, while potentially emboldening them to push for stronger deterrence measures, attorneys say.

  • April 24, 2018

    Tough Questions Await As PTAB Partial Reviews Get Boot

    The U.S. Supreme Court’s decision that the Patent Trial and Appeal Board must decide the validity of all challenged claims in America Invents Act reviews could simplify certain patent disputes, but it raises a host of questions for the PTAB and for litigants, with increased costs and less detailed institution decisions possible.

  • April 24, 2018

    Illumina DNA Patent Previously Found Valid, PTAB Says

    A Patent Trial and Appeal Board panel has denied a request from Complete Genomics Inc. to review the validity of rival Illumina Cambridge Ltd.'s DNA sequencing patent, saying the arguments were comparable to those by another company the PTAB and Federal Circuit already rejected.

  • April 24, 2018

    Textbook Cos. Ask For Final Win After $34M Copyright Verdict

    McGraw-Hill, Cengage and other textbook companies asked a New York federal judge Monday to finalize a $34.2 million verdict won against Book Dog Books earlier this month over infringing books.

  • April 24, 2018

    Goldman Sachs Let Off Hook For Ex-VP's $10M Legal Fees

    A New Jersey federal judge ruled Tuesday that Goldman Sachs does not have to pay the legal fees, now pegged at $10 million, incurred by its former vice president Sergey Aleynikov in a nine-year fight with prosecutors over his alleged theft of code, saying chitchat from a Delaware business judge doesn’t trump binding precedent from the Third Circuit.

  • April 24, 2018

    Genentech Asks Fed. Circ. To Affirm Nix Of Inducement Claims

    Genentech on Monday urged the Federal Circuit to affirm a California federal judge's tossing of claims that it induced others to infringe a patent covering treatments for conditions such as breast cancer, arguing that not only was the lower court correct to do so, but that it should have gone further by invalidating the patent's asserted claims.

  • April 24, 2018

    House Passes Space, Tech Development Rule Changes

    The House of Representatives passed a pair of bills Tuesday meant to make outer space and terrestrial technology development more commercially oriented, changing rules for commercial space missions and the National Science Foundation.

  • April 24, 2018

    Barry Manilow Sued Over IP Of Judy Garland Footage

    A music producer who bought the rights to the 1963 CBS production “The Judy Garland Show” sued the heirs of the movie star and Barry Manilow in California federal court Monday, alleging they used audio from the show in Manilow’s album featuring “duets” with dead musicians, as well as footage in his concerts and in a promotional video.

  • April 24, 2018

    Lawyers Weigh In On PTAB Cases At The High Court

    The U.S. Supreme Court on Tuesday decided two patent cases: In Oil States Energy Services LLC v. Greene’s Energy Group LLC the justices upheld the constitutionality of America Invents Act reviews and in SAS Institute Inc. v. Iancu the court ruled the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute AIA reviews. Here, attorneys tell Law360 how these decisions will impact practicing before the PTAB.

  • April 24, 2018

    Breyer Rushes To Chevron's Defense Amid Gorsuch Attacks

    When U.S. Supreme Court Justice Neil Gorsuch issued his latest broadside to the well-established doctrine of Chevron deference in SAS v. Iancu on Tuesday, Justice Stephen Breyer refused to let the affront go uncontested, writing that Chevron should be treated as a "rule of thumb" giving federal agencies leeway to interpret ambiguous laws.

  • April 24, 2018

    2nd Circ. Nixes Etsy Securities Suit Over Stock Drop

    The Second Circuit on Tuesday affirmed the dismissal of a proposed class action accusing Etsy of concealing risks regarding counterfeit goods that led to a stock plunge after its initial public offering, concluding that shareholders failed to show the sort of false statements necessary to support their securities claims.

  • April 24, 2018

    White House Steeling For Trade Talks With China

    President Donald Trump said Tuesday that he would dispatch two of his top economic advisers to China “in a few days” to discuss the two countries’ escalating trade tensions over steel and aluminum tariffs, technology policy and intellectual property enforcement.

  • April 24, 2018

    Walmart Beats $32M 'Backyard' Trademark Fine At 4th Circ.

    The Fourth Circuit on Tuesday overturned a judge’s ruling that Walmart “deliberately” infringed a smaller chain’s “Backyard” brand, tossing out a $32.5 million fine and sending the case to a jury.

  • April 24, 2018

    Israeli Defense Co. Tacks $5.8M More Onto $21M IP Verdict

    A Texas federal judge has refused to upend a $21.1 million jury verdict handed down after a satellite internet service provider was found to have infringed upon an Israeli defense contractor's patent, instead tacking some $5.8 million onto the bill for royalties that accumulated before and after the trial.

  • April 24, 2018

    Ballard Can't Arbitrate IP Malpractice Suit, Judge Told

    A medical supply company is urging a Pennsylvania state judge to find that its arbitration agreement with Lindquist & Vennum LLP, which was acquired by Ballard Spahr LLP last year, did not bar it from pursuing malpractice claims over allegedly bad legal advice about its ability to rent out patented laser technology.

  • April 24, 2018

    Supreme Court Strikes Down PTAB Partial Decisions

    The U.S. Supreme Court ruled Tuesday that the Patent Trial and Appeal Board must decide the validity of every challenged patent claim when it agrees to institute America Invents Act review, a departure from the PTAB’s current practice that could have wide-ranging implications for cases at the board.

  • April 24, 2018

    High Court Rules AIA Reviews Are Constitutional

    The U.S. Supreme Court ruled Tuesday that America Invents Act reviews do not violate the U.S. Constitution and that the Patent Trial and Appeal Board has the authority to invalidate patents, leaving intact a system that has been used to challenge thousands of patents.

  • April 23, 2018

    Arthrex Denied 2nd Shot At Estoppel Challenge By Fed. Circ.

    The full Federal Circuit has refused to reconsider a panel’s decision upholding a Patent Trial and Appeal Board judgment against suture anchor maker Arthrex Inc. that triggered patent owner estoppel, blocking the company from obtaining future patents on those products, according to a short ruling Monday.

  • April 23, 2018

    The Impact Of Changing The PTAB's Claim Construction Test

    The Patent Trial and Appeal Board may be on the verge of switching to the claim construction standard used in district court, a move attorneys say won't impact the outcome of most cases but could present strategic issues, particularly for challengers.

Expert Analysis

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.

  • What To Expect From High Court Patent Damages Ruling

    Jerry Selinger

    In WesternGeco v. Ion, the government and WesternGeco argued that proximate cause and foreseeability should determine the limits of recoverable patent damages, based on congressional intent and statutory language. Nevertheless, the U.S. Supreme Court will likely apply the extraterritoriality framework set forth in the 2016 RJR decision, say Jerry Selinger and Grant Davis of Patterson & Sheridan LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Anonymous Posts Of Alleged Trade Secrets: Free Speech?

    Michael Weil

    Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.

  • 3 Things To Know About USPTO's New Memo On Eligibility

    Michelle Holoubek

    In light of the Federal Circuit’s decision in Berkheimer v. HP, the U.S. Patent and Trademark Office has issued a new memorandum regarding subject matter eligibility. Patent practitioners now have a new tool to combat patent-ineligibility challenges, say Michelle Holoubek and Lestin Kenton of Sterne Kessler Goldstein & Fox PLLC.

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning soon, acting Chairman Maureen Ohlhausen could become the sole commissioner. The FTC seems to think it can act by a 1-0 vote, but this may be unlawful and is certainly unwise, say Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Forum Selection Clauses Can Doom PTAB Review

    Cynthia Lambert Hardman

    Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.

  • Timing Of Priority Claims In China Vs. US

    Junqi Hang

    While the Federal Circuit's 2016 ruling in Immersion v. HTC highlights enhanced willingness in the U.S. to not disturb the validity of many patents merely due to technicalities associated with priority claim assertions, the situation is quite to the contrary in China, as evidenced by the recent Ruike decision, say Junqi Hang and Can Huang of Dragon Intellectual Property Law Firm.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • UK Patent Ruling Sharpens Contrast With US Practice

    Edward Kelly

    The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.