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3 Tips For Managing Your Cases At The PTAB

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America Invents Act reviews at the Patent Trial and Appeal Board can be a powerful tool for companies looking to take down a patent. But the board has shown little patience for missteps and blown deadlines. Here, experts share tips on how to manage cases and avoid blunders that can sink a case.
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Friday, August 18, 2017 Follow Intellectual Property Law360

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Analysis

3 Tips For Managing Your Cases At The PTAB

America Invents Act reviews at the Patent Trial and Appeal Board can be a powerful tool for companies looking to take down a patent. But the board has shown little patience for missteps and blown deadlines. Here, experts share tips on how to manage cases and avoid blunders that can sink a case. Read more »

Fed. Circ. Won't Redo T-Mobile Win In $100M Prism Patent Suit

The Federal Circuit on Thursday refused Prism Technologies LLC’s request to revisit a decision that upheld the nixing of the company’s $100 million infringement lawsuit against T-Mobile and invalidated its network authentication patents. Read more »

No Inequitable Conduct In Toy IP Suit, Judge Says

An Eastern District of Texas judge said two Bunch-O-Balloons patents should not be found unenforceable for inequitable conduct, deciding that failure to provide a patent examiner with a copy of a relevant Patent Trial and Appeal Board decision was not a basis for punishment. Read more »

Google Genericide Case Heads To Supreme Court

Three months after it was shot down by the Ninth Circuit, a case that aims to prove that “google” has become a generic verb that cannot be protected by trademark law is headed for the U.S. Supreme Court. Read more »

Pence Lauds Chile FTA But Nudges For Better IP Compliance

Vice President Mike Pence offered mostly kind words for the U.S. free trade agreement with Chile on Wednesday but also said that Santiago could improve its compliance with the pact’s intellectual property provisions. Read more »

FTC Wins Injunction In Fla. Invention-Promotion Scam Suit

The Federal Trade Commission won a preliminary injunction Wednesday against the operators of an invention-promotion company that allegedly duped consumers out of about $26 million, as the judge found proof of material misrepresentations and a likelihood the government will prevail on the merits. Read more »

PATENTS

Fed. Circ. Affirms PTAB Nix Of Root Canal Patent As Obvious

The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's invalidation of a patent covering a method for making root canal instruments, agreeing that the patented method was obvious in view of prior art. Read more »

Comcast Can’t Increase $1.5M Award In Sprint Text IP Suit

A Pennsylvania federal judge on Wednesday denied Comcast Cable Communications’ request for a new trial to increase the $1.5 million jury award it received in its patent suit accusing Sprint Communications Company of stealing text message technology, saying there was sufficient evidence to support the jury’s decision. Read more »

Fed. Circ. Upholds Travel Sites' Win In Cronos Patent Suit

A Federal Circuit panel on Thursday affirmed a trial court’s ruling that Expedia Inc., Priceline.com Inc. and Travelocity.com LP did not infringe Cronos Technologies LLC’s patented online shopping cart system, saying the ruling correctly interpreted the meaning of certain key terms in the patent. Read more »

Tech Group Wants Forward-Looking NAFTA On IP, Digital

As the Trump administration forges ahead with the first round of negotiations to revamp the North American Free Trade Agreement this week, a leading tech industry organization has called on officials to make sure they tackle modern trade challenges in areas such as intellectual property and digital trade flows. Read more »

Grammar May Send AbbVie-Novartis IP Row To Arbitration

A California federal judge said Thursday he was likely to send AbbVie Inc.’s suit seeking to nix Novartis’ hepatitis C patents to arbitration, saying a licensing agreement between the companies was grammatically vague about where invalidity arguments should be decided, and so he would follow a “general rule” of favoring arbitration. Read more »

Parts Supplier Ducks Claims It Infringed Parking Meter IP

A Milwaukee-based electronic parts supplier on Wednesday ducked allegations in California federal court that it infringed the asserted claims of a patent covering a parking meter held by telecommunications equipment company IPS Group Inc. Read more »

PTAB Upholds Inventor's Claims In 3 Electrode Wire Patents

The Patent Trial and Appeal Board on Wednesday upheld claims in three patents that Pungkuk EDM Wire Manufacturing Co. Ltd. has been accused of infringing, finding the Korean wire maker hadn’t shown them to be invalid as anticipated. Read more »

Fed. Circ. Asked To Nix Sony En Banc Bid In Headset IP Suit

The owner of two wireless headphone patents on Wednesday asked the Federal Circuit to deny a request by Sony Corp. and other alleged infringers for an en banc hearing of the patents' revival, arguing the companies failed to prove indefiniteness under a 2014 Supreme Court standard. Read more »

Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK. Read more »

COPYRIGHTS & TRADEMARKS

Judge Embraces 'Gilligan's Island' In Cruise Ship TM Row

Just sit right back and you'll hear a tale, a tale of a trademarked ship, that started with a dry-docked boat, and ended in a snit. Read more »

Showtime Sues To Stop Mayweather-McGregor Fight Streams

Showtime on Tuesday filed a lawsuit to stop more than 40 websites from pirating the much-hyped bout later this month pitting undefeated boxer Floyd Mayweather Jr. against Ultimate Fighting Championship lightweight champion Conor McGregor. Read more »

TRADE SECRETS

SolarCity Must Face Cogenra's Unfair Competition Suit

Elon Musk's solar power company SolarCity Corp. can't escape a competitor’s unfair and unlawful competition suit alleging it stole trade secrets after breaking a promise to partner because it’s plausible Cogenra Solar Inc. relied on that promise when it turned down offers from other interested parties, a California federal judge said on Wednesday. Read more »

LICENSING

FTC Pushes To Protect Informants In Qualcomm Antitrust Suit

The Federal Trade Commission on Wednesday provided a California federal judge with a privilege log in support of the agency’s argument that it shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, as well as a supplemental letter from the European Commission director-general for competition. Read more »

Judge Presses Play On Hulu's Licensing Suit Against TiVo

A California federal judge said he wouldn’t dismiss Hulu LLC’s suit arguing it doesn't need to renew an expired licensing agreement for TiVo Corp.’s video searching technology, finding that a letter sent to Hulu about renewing its contract was enough to trigger subject-matter jurisdiction. Read more »

PEOPLE

Former FTC Litigator Joins Constantine’s Antitrust Practice

Constantine Cannon LLP has nabbed a former Federal Trade Commission Bureau of Competition trial lawyer to join the firm's antitrust practice as a partner in its Washington, D.C., and San Francisco offices, where he will represent health care, pharmaceutical, retail and technology clients. Read more »

EXPERT ANALYSIS

Why ITC Is Increasingly Attractive For Patent Holders

U.S. Supreme Court decisions over the past 15 years are limiting patent holders’ rights, and the recent TC Heartland and Lexmark decisions seem to hew to that direction. The legal community is learning that the U.S. International Trade Commission offers patent holders significant advantages compared to federal court, say Ajay Mago and Scott Anderson of Culhane Meadows PLLC. Read more »

DTSA Developments Raise Inadvertent Disclosure Questions

In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP. Read more »

LEGAL INDUSTRY

Analysis

Lateral Surge On The Horizon As BigLaw Gets Into Pot

The nation’s largest law firms have begun to take notice of the potential for profit in the rapidly growing legalized marijuana industry, with many predicting increased lateral partner hiring in the space as a result. Read more »

Ex-Foley & Lardner Partner Denies Insider Trading Charges

Former Foley & Lardner LLP partner Walter “Chet” Little and a business associate on Thursday denied charges of insider trading, in which they are accused of using confidential merger information about the law firm’s clients to make about $1 million in illicit trading profits. Read more »

Law360's Weekly Verdict: Legal Lions & Lambs

Venable LLP topped this week’s legal lions list, securing a win for Taylor Swift in her assault countersuit against a radio DJ who’d accused the pop star of getting him fired, while Mayer Brown LLP landed on the list of legal lambs after the Ninth Circuit upheld Fair Credit Reporting Act claims against its client, Spokeo. Read more »

Series

What I Learned In My 1st Year: Lessons From Willy Wonka

As a newly minted associate, faced with vexing facts and unfavorable case law, I confidently reported to a senior trial partner that there was no way to prevail. The partner's response taught me something fundamental about the practice of law, and reflected the wisdom of Willy Wonka's famous "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC. Read more »

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Schwabe, Williamson & Wyatt
Portland, Oregon

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Klarquist Sparkman, LLP
Portland, Oregon

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Stoel Rives LLP
Salt Lake City, Utah

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Burns & Levinson LLP
Boston, Massachusetts

Patent Legal Administrative Assistant
Burns & Levinson LLP
Boston, Massachusetts

Experienced Patent Attorney - Mechanical or Electrical Engineering - Frankfurt, Germany
Leydig, Voit & Mayer, Ltd.
Frankfurt, -

IP Associate (Patent – Chemistry) (Boston, Stamford, Philadelphia or Wilmington Offices)
McCarter & English, LLP
Wilmington DE, Philadelphia PA, Boston MA or Stamford CT, -

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Pillsbury
San Diego, California

Patent Agent (Biotech)
Pillsbury
San Diego, California

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Faegre Baker Daniels LLP
-, -

IP Associate (Boston - Litigation)
McCarter & English, LLP
Boston, Massachusetts

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Carter, DeLuca, Farrell & Schmidt, LLP
Alexandria, Virginia

Patent Attorney/Agent for Remote, Full-Time, or Reduced Hours Position:
Harrity & Harrity LLP
Fairfax, Virginia

Litigation Associate
Klarquist Sparkman, LLP
Portland, Oregon

Patent Attorney/Agent
Lee & Hayes, pllc
Portland, Oregon

Trademark Associate-Buchanan Ingersoll & Rooney PC-All Locations
Buchanan Ingersoll & Rooney PC
Alexandria, Virginia

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Seed IP Law Group
Seattle, Washington

Trademark Paralegal
Morgan Lewis & Bockius LLP
Washington, District of Columbia

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