Intellectual Property

  • February 08, 2024

    These Firms Are Leading In Patent Litigation Work

    A Houston-based intellectual property firm filed the most patent suits over the last three years in the U.S., while a well-established boutique again took the top spot as the firm defending the most patent litigation during the same period, according to a new Lex Machina report.

  • February 08, 2024

    These Firms Are Leading In PTAB Work

    An intellectual property heavyweight landed more work at the Patent Trial and Appeal Board than any other firm in the U.S. between 2021 and 2023, according to a new report.

  • February 08, 2024

    Norton Rose Fulbright Adds IP Partner From Kirkland

    Norton Rose Fulbright recently welcomed to its New York office an experienced intellectual property attorney who previously worked at Kirkland & Ellis and O'Melveny & Myers.

  • February 08, 2024

    Philips Rival Seeks Interest After Treble Damages Award

    A medical equipment supplier that nabbed treble damages against Philips Medical Systems after a split verdict in a wide-ranging copyright and unfair competition case is now asking for at least six figures in interest, despite a judge previously denying a similar request by Philips.

  • February 07, 2024

    Hose Co. Says Patent Battle Raises Ethical Questions

    A company that sells flexible, retractable hoses has told the director of the U.S. Patent and Trademark Office that a rival's latest legal maneuver in their decadelong patent war "presents a substantial threat to the integrity of the patent system."

  • February 07, 2024

    Judge Newman's Options Dwindle After Suspension Is Upheld

    Following Wednesday's decision by the national panel that reviews judicial misconduct cases upholding Federal Circuit Judge Pauline Newman's suspension, she faces a difficult path to getting reinstated without complying with an investigation into her mental fitness, experts say.

  • February 07, 2024

    EDTX Eclipses WDTX As Top Patent Venue

    The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.

  • February 07, 2024

    PTAB Filings Drop Alongside Declining Patent Litigation

    The number of America Invents Act petitions filed at the Patent Trial and Appeal Board decreased in 2023, according to a new report from Lex Machina — a dip that attorneys attribute to an overall drop in patent litigation. 

  • February 07, 2024

    New Patent Suits Fall To Lowest Level In Over A Decade

    There were fewer patent suits filed in 2023 than in any year for over a decade, a drop that attorneys attribute to wariness among some patent litigants due to funding disclosure rules in one prominent patent venue and changes in how cases are assigned to judges in another.

  • February 07, 2024

    Dish's Bid For More Fees Called 'Nightmare' By Fed. Circ. Judge

    A Federal Circuit judge told counsel for Dish Network LLC on Wednesday that to secure more fees after the cable giant defeated a patent case in district court that was found to be "exceptional" to cover the costs of challenging the patent at the patent board would create "an effing nightmare."

  • February 07, 2024

    Fed. Circ. Panel Questions GoPro On Camera Patent Defense

    A Federal Circuit panel on Wednesday told an attorney for GoPro that the company's argument in the ongoing camera patent suit was similar to an obviousness defense that had already failed years ago in front of the Patent Trial and Appeal Board.

  • February 07, 2024

    Ex-Apple Engineer Gets 4 Months For Self-Driving Car IP Theft

    A California federal judge sentenced a former Apple engineer to nearly four months in prison after he pled guilty to stealing trade secrets while working on the company's self-driving car, saying the engineer should serve time in a minimum-security facility for the nonviolent offense.

  • February 07, 2024

    Longford Argues Patent Settlement Row Must Be Arbitrated

    Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.

  • February 07, 2024

    Video Game Effects Co. Ends Patent Suit With Ubisoft

    A Texas video game developer told a North Carolina federal court Tuesday it has agreed to end a lawsuit accusing French company Ubisoft of infringing a pair of patents, about a year after the patent owner lost an appeal in a similar case against Activision Blizzard.

  • February 07, 2024

    DraftKings Fight With Ex-Exec Intensifies Amid Dueling Filings

    DraftKings is arguing that one of its former executives who left to join rival Fanatics must have his lawsuit over noncompete agreements heard in California federal court, not state court, saying he went to great lengths to defraud the court into thinking diversity jurisdiction doesn't apply.

  • February 07, 2024

    Mich. Judge Rips Romantics Singer For Copying Trial Brief

    A founding member of the Romantics will likely have a tough time regaining control of the band's finances after a Michigan appellate judge said Wednesday he couldn't condone the "incompetence" of the musician's trial attorneys, who filed a brief that was a copy of the opposing side's argument. 

  • February 07, 2024

    Chemists Settle Suit Over CBD Refining Method

    Two chemists who claim to have developed a technique for turning CBD into a substance 10 times more valuable and the Utah-based cannabis company that hired them have agreed to settle claims that they were each defrauded by the other party, according to a notice filed in Colorado federal court.

  • February 07, 2024

    Pfizer, Moderna Spar Over Trial Date In COVID Vaccine IP Case

    Moderna and Pfizer are battling over setting a trial date in a dispute in Massachusetts federal court over COVID-19 vaccine patent infringement claims, with Pfizer looking to schedule a trial after summary judgment motions are decided, while Moderna is arguing a firm trial date is needed now and should be set for this fall.

  • February 07, 2024

    Fed. Circ. Gives Google New Shot To Ax Thermostat Patent

    The Federal Circuit ruled Wednesday that the Patent Trial and Appeal Board wrongly upheld claims in a patent owned by a smart-home energy startup called EcoFactor, handing a win to challengers Google and ecobee Inc.

  • February 07, 2024

    Senate Dems Push Biden To Boost Export Control Funding

    Democratic lawmakers from the Senate Banking Committee urged President Joe Biden to increase funding for export control enforcement in his upcoming budget request for fiscal year 2025, stressing the importance export controls have had on addressing national security risks.

  • February 07, 2024

    AI Co. Can't Bring Job Postings IP Suit In Calif., Judge Says

    A California federal judge has tossed a copyright complaint from a company that accused a Colorado-based competitor of stealing its artificial intelligence-driven job postings database, saying the plaintiff has not shown its rival's alleged conduct is meaningfully connected to the Golden State.

  • February 07, 2024

    Ward & Smith Nabs $170K Fee In NC Trade Secrets Fight

    North Carolina's business court awarded Ward & Smith PA nearly $170,000 in fees for representing medical equipment providers in a trade secrets fight, finding its attorneys' rates were reasonable but shaving about $20,000 off their original request for lumping hours together on timesheets.

  • February 08, 2024

    CORRECTED: Atty Stuck With Sanctions In Trade Secrets Feud

    A California federal judge has hit a CDF Labor Law LLP attorney with sanctions after finding that he recklessly questioned a former Individual Food Service employee about approaching the company's CEO concerning a settlement despite objections to entering text messages to the CEO into evidence, but determined she would hold off on deciding the amount until later in the case.

  • February 07, 2024

    Engineer Charged With Stealing Missile Detection Designs

    An engineer who worked at an unnamed Malibu, California-based technology company stole trade secrets regarding nuclear missile detection after previously seeking to aid Chinese military research, the U.S. Department of Justice alleged in a criminal complaint unsealed Wednesday.

  • February 07, 2024

    Baker Botts Gains IP Litigators In Houston, SF From Orrick

    Baker Botts LLP announced Wednesday that it has fortified its intellectual property department with patent litigators in Houston and San Francisco, both of whom are joining from Orrick Herrington & Sutcliffe LLP.

Expert Analysis

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Perils Of Incorporation By Reference At The Federal Circuit

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    The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Comparing Christmas Carols: IP Issues In Mariah Carey Case

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    All that plaintiffs Andy Stone and Troy Powers want for Christmas this year is $20 million in damages from Mariah Carey in a federal copyright suit claiming her hit "All I Want For Christmas Is You" infringed on their earlier song by the same name, but they will have an uphill battle in demonstrating substantial similarity, says forensic musicologist Ethan Lustig.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Open Issues At The USPTO And Beyond After Biden AI Order

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    President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.

  • Overcoming IP Portfolio Challenges Amid Higher Patent Fees

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    As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • UPC Decision Highlights Key Security Costs Questions

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    While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

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