With a copyright retrial against Cox Communications set to kick off later this month and an even bigger case from major record labels looming right behind it, the internet service provider is facing a huge courtroom test over illegal downloading in the months ahead.
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Thursday, August 16, 2018 Follow Intellectual Property Law360

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Feature

Cox Facing Epic Copyright Battles Ahead Over Downloading

With a copyright retrial against Cox Communications set to kick off later this month and an even bigger case from major record labels looming right behind it, the internet service provider is facing a huge courtroom test over illegal downloading in the months ahead. Read full article »

Full Fed. Circ. Says Axed Suits Still Start AIA Time-Bar Clock

The full Federal Circuit ruled Thursday that patent suits that are voluntarily dismissed start the clock on the one-year window the accused party has to file an inter partes review petition, saying the Patent Trial and Appeal Board's contrary holding misread the America Invents Act. Read full article »

Fed. Circ. Reverses Part Of $7.3M Apple Patent Verdict

The Federal Circuit on Thursday upended a jury verdict that required Apple Inc. to pay $7.3 million to Core Wireless Licensing SARL, which claimed iPads and iPhones infringed two of its patents covering wireless communications technology. Read full article »

Mandamus Not A Tool To Fight IPR Rejections: Fed. Circ.

The Federal Circuit on Thursday accused Power Integrations Inc. of using mandamus proceedings to try to skirt the law by urging the appeals court to reconsider the merits of the Patent Trial and Appeal Board’s decision not to review three ON Semiconductor patents. Read full article »

PATENTS

Ancestry.com Says 23andMe DNA Patent Invalid Under Alice

Ancestry.com sought to nix allegations it infringed 23andMe Inc.’s technique for determining whether two customers are related by comparing DNA samples, telling a California federal judge Thursday that the patent is invalid under the U.S. Supreme Court’s Alice standard because it’s not inventive and relies on natural phenomenon. Read full article »

Judge Rips Twombly For Straining Resources In IP Row

A California federal judge appeared unswayed Thursday by SAP America Inc. and HP Inc.’s arguments that a software company hasn't met the stringent pleading standards required under the U.S. Supreme Court’s Twombly decision, saying Twombly has created more work than it’s saved, and "you get to the point where we’re wasting time and resources when you know what their pleading is." Read full article »

Athenex Pharma OK'd To Intervene In Par Suit Against FDA

A D.C. federal judge has cleared pharmaceutical company Athenex Pharma Solutions LLC to intervene in Par Pharmaceutical's suit accusing the U.S. Food and Drug Administration of improperly letting compounding pharmacies sell cheaper copycats of its blood pressure drug vasopressin. Read full article »

COPYRIGHTS & TRADEMARKS

10th Circ. Sides With Dish In 'DishNet' TM Fight

The Tenth Circuit has ruled that Dish Network is the rightful owner of the trademark “DishNet,” rejecting a case filed by formerly affiliated retailer that used the same name first. Read full article »

Under Armour, Slogan Owner Settle `Prove It' Suit

Under Armour has reached a confidential settlement with an entrepreneur who sued the sports apparel company for using his trademarked “Prove It!” slogan without his permission, according to a document filed Wednesday. Read full article »

TRADE SECRETS

Health Staffing Firm Wins Injunction In Trade Secrets Suit

A Texas federal judge has granted a health care staffing firm's request for an injunction against a rival in a suit accusing its former employees of stealing trade secrets and sabotaging the firm's information database before they left. Read full article »

Auto Software Maker Seeks Temporary Ban On Rival's Sales

A car software company urged a Washington federal court Thursday to temporarily bar a rival from selling competing products that allegedly were made with hacked trade secrets, asserting that an anonymous informant supplied it with images and communications that back up its contentions. Read full article »

ROYALTIES

8th Circ. Voids Tax Court Ruling In $1.36B Medtronic Case

The Eighth Circuit struck a blow Thursday to Medtronic Inc. in its $1.36 billion dispute with the Internal Revenue Service, vacating a favorable U.S. Tax Court decision after finding that the judge in the case had not justified the pricing. Read full article »

PEOPLE

Squire Patton Nabs 3 Leaders Of Dissolved IP Boutique

Squire Patton Boggs LLP has swallowed intellectual property boutique Singularity LLP, snagging a trio of veteran tech litigators from the dissolved boutique as part of the global firm’s efforts to bolster its intellectual property presence in the Bay Area. Read full article »

Q&A

Q&A

A Chat With Ogletree Knowledge Chief Patrick DiDomenico

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC. Read full article »

EXPERT ANALYSIS

How FIRRMA Will Change National Security Reviews: Part 1

The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP. Read full article »

How Courts Approach Trade Secret Identification: Part 2

Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute. Read full article »

LEGAL INDUSTRY

Mayer Brown Partner's Brother-In-Law Charged With Murder

Mayer Brown LLP appellate practice leader Stephen Shapiro's brother-in-law had been receiving financial assistance from Shapiro's wife Joan for several months and was told "she would no longer just give him money" in the days before he fatally shot Shapiro and tried to kill her, a state prosecutor told an Illinois state court judge Thursday. Read full article »

'Indefensible' Fees Request Slashed In ACA Birth Control Row

In a sternly worded opinion, an Oklahoma federal judge rejected a request for $3.1 million in attorneys' fees from lawyers representing a group of Catholic institutions that sued over Affordable Care Act rules concerning birth control, ruling that the request was "indefensible" and reducing it by more than 75 percent. Read full article »

Senate Confirms 2 Trump Nominees To 4th Circ.

The Senate Thursday voted to confirm a pair of Trump nominees to serve on the Fourth Circuit Court of Appeals, giving favorable votes to federal Judge A. Marvin Quattlebaum and prosecutor Jay Richardson, both of South Carolina. Read full article »

Nat'l Archives Pans Committee's Release Of Kavanaugh Docs

The National Archives, which has found itself in the middle of a bitter struggle over Supreme Court nominee Brett Kavanaugh’s documents from his Bush White House service, on Wednesday sought to put some distance between its review process and that of the current Senate Judiciary Committee. Read full article »

Law360's Weekly Verdict: Legal Lions & Lambs

Kicking off the legal lions this week is a team of attorneys who helped secure a $66 million award for client Lumileds LLC in a trade secrets dispute, while the lambs include the remaining members of West Virginia’s Supreme Court, all of whom were impeached this week. Read full article »

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LAW FIRMS

Baker Botts

Baker McKenzie

BakerHostetler

Boies Schiller

Carlson Caspers

Cooley

Crowell & Moring

DLA Piper

Debevoise & Plimpton

Eversheds Sutherland

Farella Braun

Finnegan

Fish & Richardson

Hausfeld

Helsell Fetterman

Heurlin Potter

Hollingsworth LLP

Hunton Andrews Kurth

Husch Blackwell

Katten Muchin

Kerr Irvine

Kilpatrick Townsend

Klarquist Sparkman

Lane Powell

Latham & Watkins

Lewis Roca

Mayer Brown

McDermott Will

Morgan Lewis

Morrison & Foerster

Nelson Mullins

Norton Rose Fulbright

Ogletree Deakins

Paul Hastings

Procopio Cory

Quinn Emanuel

Reed Smith

Russ August

Scheef & Stone

Singularity LLP

Snell & Wilmer

Squire Patton Boggs

Sughrue Mion

Susman Godfrey

Wiley Rein

WilmerHale

Winston & Strawn

COMPANIES

23andMe Inc.

ASUSTeK Computer Inc.

AT&T Inc.

Amdocs Ltd

Ancestry.com Inc.

Apple Inc.

Arizona Cardinals

Citigroup Inc.

Conagra Brands Inc.

Covidien PLC

Cox Communications Inc.

DISH Network Corporation

Endo International PLC

Facebook

HP Inc.

International Business Machines Corp.

Ketchum Inc.

Lam Research Corporation

Lumileds Holding BV

Major Lindsey & Africa

Medtronic Inc.

Monsanto Co.

Nokia Corporation

ON Semiconductor Corporation

Oracle Corp.

Par Pharmaceutical Companies, Inc.

Power Integrations, Inc.

QUALCOMM Inc.

Retrophin Inc.

Rimini Street Inc.

SAP AG

Sony Corporation

Sony Music Entertainment Inc.

South Carolina Bar

Under Armour, Inc.

Universal Music Group Inc.

WD-40 Company

Warner Music Group Corp.

GOVERNMENT AGENCIES

Committee on Foreign Investment in the United States

Federal Judicial Center

Food and Drug Administration

Internal Revenue Service

Judicial Conference of the United States

U.S. Attorney's Office

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Patent and Trademark Office

U.S. Supreme Court

U.S. Tax Court