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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.