Lisa Shuchman

Journalist / Writer and Editor

United States

Lisa Shuchman is an experienced journalist who is currently senior international editor for Law.com, The American Lawyer and other ALM Media publications. She oversees coverage of the business and practice of law around the world. Previously, she was a senior reporter for Corporate Counsel and The American Lawyer. She has worked as a foreign correspondent for The Wall Street Journal and as a reporter for The New York Times, based in Japan. She has covered a range of issues, including legal affairs, business, politics, immigration and human rights.

Portfolio

THE AMERICAN LAWYER / CORPORATE COUNSEL

The American Lawyer / Law.com
12/22/2016
Britain's Attorney General Talks About Brexit and the Rule of Law

Jeremy Wright, Britain’s attorney general, appeared before the United Kingdom’s highest court in early December to argue one of the most significant constitutional cases Britain has seen in recent history: a case that will determine whether a vote by Parliament is required before the government can begin formal steps to leave the European Union. A week later, Wright was in New York, assuring top global law firms and their clients that despite the uncertainties created by Brexit, Britain is...

Corporate Counsel
06/23/2016
IP Whack-a-Mole: The 2016 Patent Litigation Survey

Patent attorneys are by now well aware that 2015 saw a near-record number of patent cases filed in U.S. district courts. Now we can see who benefited most from all that litigation.

Corporate Counsel
06/16/2016
The ITC: Life in the Fast Lane

The U.S. International Trade Commission, the somewhat obscure independent federal agency that despite its low profile wields substantial power in the world of intellectual property, is showing once again that it is both an attractive and formidable venue for companies fighting for market share.

Corporate Counsel
05/23/2016
Trademark Litigation Steady, Report Finds

The amount of trademark litigation filed each year in the U.S. has remained fairly steady over time, but the Central District of California, the Southern District of New York and the Southern District of Florida were the most popular districts for trademark lawsuits from January 2009 through March of 2016, according to a new report. Read more: http://www.corpcounsel.com/id=1202758331439/Trademark-Litigation-Steady-Report-Finds#ixzz49VVPrDqa

Corporate Counsel
05/19/2016
PTO Issues Fewer Patents, But Litigation Isn't Cooling Off

The number of patents granted by the U.S. Patent and Trademark Office dropped in fiscal year 2015 for the first time in seven years, according to PricewaterhouseCoopers' annual patent litigation study, released on Tuesday. The decline is likely a result of the U.S. Supreme Court’s 2014 decision in Alice Corp. v. CLS Bank, which made it more difficult to obtain and assert software patents. Read more:...

Corporate Counsel
05/17/2016
Companies Skimp on Trademark Services, Study Finds

Companies have been actively increasing the size of their trademark portfolios but the increase in trademark-related support services, such as watching the market and monitoring for abuse and infringement is not keeping pace, according to a new study by the IP management and analytics company Lecorpio. Read more: http://www.corpcounsel.com/id=1202757916767/Companies-Skimp-on-Trademark-Services-Study-Finds#ixzz491kNqXmF

Corporate Counsel
05/17/2016
Blurred Lines at Oracle

When Oracle Corp. executive vice president and general counsel Dorian Daley informed her outside counsel in the Oracle v. Google copyright infringement suit that she wanted her company's chief Java architect to participate in a critical meeting with the solicitor general of the United States, the lawyer, a highly respected and successful appellate attorney, balked. Read more: http://www.corpcounsel.com/id=1202757758637/Blurred-Lines-at-Oracle#ixzz48vyVSf6l

Corporate Counsel
05/11/2016
Obama Signs Trade Secrets Act Into Law

President Barack Obama signed the Defend Trade Secrets Act of 2016 into law on Wednesday, giving companies the ability for the first time to use federal law to sue those who misappropriate their confidential information. Read more: http://www.corpcounsel.com/id=1202757467625/Obama-Signs-Trade-Secrets-Act-Into-Law#ixzz48TbtPYph

Corporate Counsel
05/10/2016
Big Pharma Gets a Big Win in India

India may be showing signs that it no longer wants to be Big Pharma’s public enemy No. 1. In an about face, the Indian Patent Office has granted a patent to Gilead Sciences for its Sovaldi drug, which treats hepatitis C. Last year, the same office rejected the company’s patent application after a challenge was filed by patient advocacy groups and companies that make pharmaceutical ingredients. At that time, India’s patent office said Sovaldi, whose generic name is sofosbuvir, was not a...

Corporate Counsel
05/03/2016
PTAB Is No Patent Killer, Report Finds

Anecdotal reports have suggested that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board has created a dire situation for patent owners, but a recently released study has found that outcomes from the PTAB are much more balanced. Read more: http://www.corpcounsel.com/id=1202756714724/PTAB-Is-No-Patent-Killer-Report-Finds#ixzz47efsvTyP

Corporate Counsel
05/02/2016
U.S. Trade Rep. Calls Out China, India and...Switzerland (!?) Over IP Laws

The U.S. Trade Representative’s Office has once again singled out China and India as countries that do not adequately protect patents, copyrights and other intellectual property rights. But this year it added an unexpected culprit to the list of nations that it says fall down on protecting IP: Switzerland, the land of chocolate and cuckoo clocks. Read more: http://www.corpcounsel.com/id=1202756549121/US-Trade-Rep-Calls-Out-China-India-andSwitzerland--Over-IP-Laws#ixzz47bft02vz

Corporate Counsel
05/01/2016
Demon Rum and the Havana Club Trademark Saga

With the United States and Cuba 
moving toward normalizing relations, the last vestiges of the Cold War are fading. But two companies that have been locked in a rum war for more than two decades show no signs of ending their legal battle over who has the right to use the Havana Club trademark in the United States.

Corporate Counsel
04/26/2016
Pharma Patent Battles Seeing Steep Increase

The number of patent litigation filings related to new drug applications before the U.S. Food and Drug Administration, commonly known as ANDA (Abbreviated New Drug Applications) filings, increased 68 percent in 2014-15 compared with the average number of cases filed in each of the previous five years, a new report by the legal analytics company Lex Machina says. Read more: http://www.corpcounsel.com/id=1202755924593/Pharma-Patent-Battles-Seeing-Steep-Increase#ixzz47bgmKf5I

Corporate Counsel
04/18/2016
Unified Patent Court Means Big Changes for Europe -- and the World

It took almost 40 years, but Europe’s Unified Patent Court finally seems close to becoming a reality. Read more: http://www.corpcounsel.com/id=1202755168123/Unified-Patent-Court-Means-Big-Changes-for-Europemdashand-the-World#ixzz46V6JvcPb

Corporate Counsel
04/11/2016
Patent Suits Down in 1Q. But Is this Just a Litigation Lull?

The number of patent lawsuits filed in the first quarter of 2016 dropped to its lowest point since 2011, according to entities that track patent litigation data. But this does not mean the patent litigation tide is finally turning. Read more: http://www.corpcounsel.com/id=1202754688751/Patent-Suits-Down-in-1Q-But-Is-This-Just-a-Litigation-Lull#ixzz45d5NwYc9

Corporate Counsel
04/06/2016
Study Finds Major Flaws in DMCA Takedown Procedure

Almost 30 percent of all piracy takedown requests are problematic, with millions taking aim at targets that do not even match the alleged infringing content, according to a new study looking at the impact of copyright takedowns on free expression in the United States. Read more: http://www.corpcounsel.com/id=1202754214411/Study-Finds-Major-Flaws-in-DMCA-Takedown-Procedure#ixzz45AFP2mLa

Corporate Counsel
03/30/2016
Federal Circuit Says It Won't Force PTO Action on 'The Slants' Trademark

The U.S. Court of Appeals for the Federal Circuit will not force the U.S. Patent and Trademark Office to publish the trademark application filed by Simon Tam, founder of the Asian-American rock band The Slants, despite its December ruling that the PTO violated Tam’s First Amendment rights by refusing the application on the grounds that it was disparaging. Read more: http://www.corpcounsel.com/id=1202753725465/Federal-Circuit-Says-It-Wont-Force-PTO-Action-on-The-Slants-Trademark#ixzz44b1JlED6

Corporate Counsel
03/21/2016
Report: Sports Industry Loses Billions to IP Thieves

The global sports industry loses billions of dollars a year to counterfeiting—not only of merchandise but also of fake tickets, illegal streaming and bogus social media and online offers, according to a new report that highlights major intellectual property issues facing sports organizations. Read more: http://www.corpcounsel.com/id=1202752722263/Report-Sports-Industry-Loses-Billions-to-IP-Thieves#ixzz43jqtWaIA

Corporate Counsel
03/16/2016
2015 Saw a Near-Record Number of Patent Cases

Data analytics company Lex Machina published its annual Patent Litigation Year in Review Tuesday, confirming that 2015 saw a near-record number of patent cases filed in district courts, with more than 43 percent of those filed in the Eastern District of Texas. Read more: http://www.corpcounsel.com/id=1202752295083/Report-2015-Saw-a-NearRecord-Number-of-Patent-Cases#ixzz435ifrzax

Corporate Counsel
03/14/2016
With Law in Flux, PTO Suspends All Rulings on Disparaging Trademarks

The U.S. Patent and Trademark Office has suspended all rulings on trademark applications that could be subject to refusal under the legal provision banning registration of marks bearing “scandalous or disparaging” subject matter. Read more: http://www.corpcounsel.com/id=1202752173497/With-Law-in-Flux-PTO-Suspends-All-Rulings-on-Disparaging-Trademarks#ixzz435jQUcSo

Corporate Counsel
03/10/2016
Bass and Spangenberg Strike Out in Attack on Cancer Drug Patents

It’s been an up and down week for the Coalition for Affordable Drugs, hedge fund manager Kyle Bass and serial patent litigant Erich Spangenberg’s campaign to convince the U.S. Patent and Trademark Office to invalidate select patents on pricey prescription drugs. The agency denied three of the coalition’s petitions on Thursday, just three days after it agreed to review two other petitions. Read more:...

Corporate Counsel
03/09/2016
In a Win for Crusaders Bass and Spangenberg, PTO Agrees to Reconsider Pharma Patents

Kyle Bass and Erich Spangenberg, the men behind a crusade challenging the validity of more than 30 pharmaceutical patents, have convinced the U.S. Patent and Trademark Office to institute reviews of two more drug patents. Read more: http://www.corpcounsel.com/id=1202751772701/In-a-Win-for-Crusaders-Bass-and-Spangenberg-PTO-Agrees-to-Reconsider-Pharma-Patents#ixzz42S4VKc00

Corporate Counsel
02/29/2016
Pharma Foe Spangenberg Accuses PTO Director of Bias

Erich Spangenberg, one of the principal architects of a campaign challenging the validity of more than 30 pharmaceutical patents at the U.S. Patent and Trademark Office, suggested Monday that PTO director Michelle Lee may have interfered with challenges brought by his campaign. Read more: http://www.corpcounsel.com/id=1202750995097/Pharma-Foe-Spangenberg-Accuses-PTO-Director-of-Bias#ixzz41ez8pFeU

Corporate Counsel
02/18/2016
Update: Sony Drops Copyright Claim over Harvard's Copyright Law Lecture

A YouTube video that is part of a Harvard University online course on copyright law is once again accessible to students after Sony Music Entertainment unblocked it and released its copyright claim. Read more: http://www.corpcounsel.com/id=1202750022623/Update-Sony-Drops-Copyright-Claim-over-Harvards-Copyright-Law-Lecture#ixzz40YDGkCyN

Corporate Counsel
02/17/2016
Irony 101: Citing Copyright, Sony Takes Down YouTube Video About...Copyright

An online lecture on U.S. copyright law offered by Harvard University ihas been taken down by YouTube due to a copyright claim by Sony Music. Adding to the irony, the blocked lecture, which explains aspects of copyright law as it applies to music and licensing, is taught by William “Terry” Fisher, a noted copyright expert who is the WilmerHale Professor of Intellectual Property Law at Harvard Law School. Read more:...

Corporate Counsel
02/11/2016
Pharma's IP Lawyers Getting Needed Attention

Lawyers in the pharmaceutical and biotechnology industries have had their hands full fighting challenges to patents and accusations of price gouging. But it appears they are armed and ready to continue their fight, according to a global IP data survey of those industries. Read more: http://www.corpcounsel.com/id=1202749506281/Pharmas-IP-Lawyers-Getting-Needed-Attention#ixzz40MHKwpZg

Corporate Counsel
02/10/2016
Pharma Companies Slam India's 'Weak' IP Laws

Big Pharma, which is under attack in the U.S. for its pricing and patent polices, has gone on the offensive overseas. It has asked the U.S. Trade Representative’s office to place India and 12 other countries on the Priority Watch List in its 2016 Special 301 Report, which identifies countries the U.S. believes do not adequately protect intellectual property rights. Read more: http://www.corpcounsel.com/id=1202749385040/Pharma-Companies-Slam-Indias-Weak-IP-Laws#ixzz3znQGK79F

Corporate Counsel
01/26/2016
Survey: Companies Aren't Getting the Full Value of Inventions

Most companies that focus on intellectual property offer financial rewards to their inventors, but many don’t track key performance indicators to gauge quality, quantity and efficiency of those inventions, according to a new survey. Read more: http://www.corpcounsel.com/id=1202747974981/Survey-Companies-Arent-Getting-the-Full-Value-of-Inventions#ixzz3yOhVPIxM

The New York Times
09/25/1987
Want to Play Golf in Japan? Got a Million?

Earlier this year, an avid golfer here reportedly offered $3.57 million to buy a membership at the exclusive Koganei Country Club. But, as a sign of the fanatical attachment of the Japanese to the game, no Koganei member was willing, even for that unprecedented sum, to sell.

The AmLaw Litigation Daily
08/11/2014
Vermont AG Beats Appeal by Accused Patent Troll MPHJ

The state of Vermont can proceed with its lawsuit against the much-maligned patent holder MPHJ Technology Investments in state court, the U.S. Court of Appeals for the Federal Circuit ruled Monday, handing a victory to Vermont Attorney General William Sorrell and to other states that have passed consumer protection laws to thwart patent trolls. Read more: http://www.litigationdaily.com/id=1202666503745/Vermont-AG-Beats-Appeal-by-Accused-Patent-Troll-MPHJ#ixzz3ABzXAZGK

Corporate Counsel
12/01/2015
Trolls Rush In to Avoid Fed Procedure Change

A record number of patent lawsuits were filed in U.S. District Courts Monday, as nonpracticing entities rushed to avoid a change in the law that took effect today requiring plaintiffs to spell out in detail in their complaints how their patent is being infringed. Read more: http://www.corpcounsel.com/id=1202743745303/Trolls-Rush-In-to-Avoid-Fed-Procedure-Change#ixzz3tCRAGRCK

The AmLaw Litigation Daily
09/05/2014
Patent Wins Pile Up for Google After Alice v. CLS Bank

Applying the age-old concepts of searching and ranking to the Internet helped Google Inc. become one of the world's richest companies. But over the past three weeks, Google and its lawyers have defeated three separate patent cases on the grounds that taking an abstract idea and adding a computer doesn't warrant U.S. patent protection. Read more: http://www.litigationdaily.com/id=1202669028601/Patent-Wins-Pile-Up-for-Google-After-Alice-v-CLS-Bank#ixzz3CRr9WcXU

Corporate Counsel
07/30/2015
PTO Veteran Promoted to Commissioner for Patents

Drew Hirshfeld has been appointed the new Commissioner for Patents at the U.S. Patent and Trademark Office, filling the spot previously held by Margaret “Peggy” Focarino, who retired earlier this month after 38 years with the agency. Read more: http://www.corpcounsel.com/id=1202733497946/PTO-Veteran-Promoted-to-Commissioner-for-Patents#ixzz3hOy7fPYV

Corporate Counsel
01/09/2015
Patent Litigation Is Down, but Trolls Take a Big Share

Patent litigation filings declined significantly in 2014, falling 29 percent over the previous year. But nonpracticing entities (NPEs) continued to be responsible for a huge percentage of that litigation, according to a group that helps small- and medium-sized businesses fight frivolous patent suits. Read more: http://www.corpcounsel.com/id=1202714421971/Patent-Litigation-Is-Down-but-Trolls-Take-a-Big-Share#ixzz3OH2mQI2I

The Litigation Daily
08/27/2014
Patent Troll MPHJ Faces PTO Review

The notorious patent troll MPHJ Technology Investments will have to defend the validity of two of its patents before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board, which ruled Monday that there is a "reasonable likelihood" that it may find the patents invalid. Read more: http://www.litigationdaily.com/id=1202668271589/Patent-Troll-MPHJ-Faces-Special-PTO-Review#ixzz3BdDCRA1D

Corporate Counsel
10/26/2015
Blown Away

Patent litigation isn't what it used to be. Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a "brave new world." Read more:...

Corporate Counsel
02/08/2016
Federal Circuit Ruling Could Limit the ITC's Reach

A recent ruling by the U.S. Court of Appeals for the Federal Circuit may render the U.S. International Trade Commission less relevant in a world that is quickly moving into the digital age. Read more: http://www.corpcounsel.com/id=1202749084318/Federal-Circuit-Ruling-Could-Limit-the-ITCs-Reach#ixzz3zcQ2jm5p

Corporate Counsel
11/23/2015
YouTube to Offer Posters Legal Support to Defend Fair Use of Videos

In a sign that YouTube may be willing to push back against indiscriminate allegations of copyright infringement, the company announced it will offer legal support, including covering court costs, to protect some videos on its site that it believes meet the standard of “fair use” under copyright law but have been challenged with takedown notices. Read more: http://www.corpcounsel.com/id=1202743121227/YouTube-to-Offer-Posters-Legal-Support-to-Defend-Fair-Use-of-Videos#ixzz3sKldGyUT

Inside Counsel
01/01/2016
Lawmakers Consider Taxing IP at a Lower Rate

Lawmakers are looking into the feasibility of establishing a tax incentive policy commonly known as the “patent box” or “innovation box,” which would subject companies to a much lower tax rate on income earned from intellectual property.

Corporate Counsel
11/25/2015
The Marlboro Man to Go Into Hiding in Canada; Country to Adopt Generic Cigarette Packaging

Plain packaging on tobacco products is headed to Canada. Newly elected Prime Minister Justin Trudeau has indicated that removing trademarks from tobacco products is a priority—part of his government’s healthcare agenda. Read more: http://www.corpcounsel.com/id=1202743416079/The-Marlboro-Man-to-Go-Into-Hiding-in-Canada-Country-to-Adopt-Generic-Cigarette-Packaging#ixzz3szNNqbSV

The AmLaw Litigation Daily
04/06/2015
Capitol Records Fights to Break Even in MP3tunes Case

Calling Capital Records Inc.’s copyright win against defunct music storage service MP3tunes and its founder a "Pyrrhic victory," a federal judge in Manhattan ruled Friday that he'd grant the record company "only a fraction" of the $7 million it asked for in attorney fees. Read more: http://www.litigationdaily.com/id=1202722771426/Capitol-Records-Fights-to-Break-Even-in-MP3tunes-Case#ixzz3XIm9WvoC

Corporate Counsel
02/13/2015
Canada Lashes Out at Eli Lilly Patent Practices

The Canadian government responded to a $500 million lawsuit filed by Eli Lilly and Co. with a blistering attack on the intellectual property practices of the pharmaceutical company. Read more: http://www.corpcounsel.com/id=1202717774980/Canada-Lashes-Out-at-Eli-Lilly-Patent-Practices#ixzz3RZTpS0Cv

Corporate Counsel
06/11/2014
Google Joins List of Top 10 US Patent Recipients

Google Inc. ranked among the top 10 recipients of U.S. Patents in 2013—the first time the Internet company has entered the upper tier, according to the Intellectual Property Owners Association (IPO), which compiles a list of the top 300 U.S. patent recipients [PDF] each year. Read more: http://www.corpcounsel.com/id=1202658956393/Google-Joins-List-of-Top-10-US-Patent-Recipients#ixzz34M5StsWI

Corporate Counsel
01/26/2016
Are the Chargers LA-Bound? Trademarks May Offer Clues

The San Diego Chargers have applied for federal trademarks on the “Los Angeles Chargers” and “LA Chargers.” And the filings offer some clues about whether the move will happen, according to one trademark lawyer. Read more: http://www.corpcounsel.com/id=1202748055443/Are-the-Chargers-LABound-Trademarks-May-Offer-Clues#ixzz3yTZv8M00

Corporate Counsel
07/15/2014
Trolls Driving Record Patent Litigation Filings

The number of patent cases filed in the U.S. rose by 25 percent in 2013 to a record 6,500 cases, and the increase was largely driven by patent trolls, according to the latest edition of PricewaterhouseCoopers’ annual patent litigation study [PDF]. Read more: http://www.corpcounsel.com/id=1202663316686/Trolls-Driving-Record-Patent-Litigation-Filings#ixzz37ZOtvI8H

Intellectual Property Magazine (an ALM supplement)
09/08/2014
Cigarettes, Unbranded

The products are virtually indistinguishable from one another, yet they retain more loyalty than Mac computers. And an expensive international legal battle is raging over them. Why? Because the products—cigarettes—are a recognized public health hazard, and governments around the world are trying to do whatever it takes to stop their citizens from lighting up. Read more: http://www.corpcounsel.com/id=1202669248576/Cigarettes-Unbranded#ixzz3Cl2m184K

Corporate Counsel
02/11/2015
PTO Initiative Shifts Focus to Patent Quality

Amid renewed debate over patent reform and questions about patent application backlogs and secretive patent approval programs, the U.S. Patent and Trademark Office is turning its attention to patent quality. Read more: http://www.corpcounsel.com/id=1202717617173/PTO-Initiative-Shifts-Focus-to-Patent-Quality#ixzz3RSW08qLP

Corporate Counsel
10/08/2014
Fewer Patent Litigation Filings So Far in 2014

After reaching record highs earlier in the year, patent case filings over the last few months have trailed off significantly, contradicting a commonly held perception that patent litigation is on the rise. Read more: http://www.corpcounsel.com/id=1202672763594/Fewer-Patent-Litigation-Filings-So-Far-in-2014#ixzz3FaRVhNTv

Corporate Counsel
12/16/2014
Likely Delay for US Handover of ICANN Web Domain Oversight

The United States is supposed to give up its oversight of the Internet's domain name system next year. But the planned move has made brand owners and members of Congress apprehensive, and it now it looks as if the change will be delayed. Read more: http://www.corpcounsel.com/id=1202679190832/Likely-Delay-for-US-Handover-of-ICANN-Web-Domain-Oversight#ixzz3M60DVohS

Corporate Counsel
10/28/2015
Kyle Bass, the Man Big Pharma Loves to Hate, Wins a Round

Kyle Bass, the hedge fund manager vilified by the pharmaceutical industry and much of the patent bar, just gave his detractors more reason to resent him. The U.S. Patent and Trademark Office has agreed within the last week to institute trials for six of the drug patents Bass has challenged. Read more: http://www.corpcounsel.com/id=1202741006292/Kyle-Bass-the-Man-Big-Pharma-Loves-to-Hate-Wins-a-Round#ixzz3r0julR4Z

Corporate Counsel
10/08/2014
Small Businesses Join Patent Reform Advocacy Group

Hoping to send out a strong and clear message that the U.S. intellectual property system can benefit all companies regardless of size, an organization created by seven U.S. industry giants to promote American innovation and the country’s IP infrastructure is broadening its membership by adding two small companies that rely heavily on patents. Read more: http://www.corpcounsel.com/id=1202672741530/Small-Businesses-Join-Patent-Reform-Advocacy-Group#ixzz3FZWdLwRB

The AmLaw Litigation Daily
01/29/2015
Mayer Brown Wins Injunction in Helicopter IP Row

Lawyers at Mayer Brown scored a victory in a patent fight between two of the world's biggest commercial helicopter distributors, persuading a judge to permanently enjoin Bell Helicopter Textron Inc. from selling choppers with a landing gear design that infringes a patent held by Airbus Helicopters. Read more: http://www.litigationdaily.com/id=1202716552645/Mayer-Brown-Wins-Injunction-in-Helicopter-IP-Row#ixzz3QKgRCvAO

Corporate Counsel
05/13/2014
Patent Litigation Study Shows Rise in Suits, Awards

The number of patent suits filed in district courts continued to rise in 2013 and has more than doubled in the past five years, according to the first-ever patent litigation year in review published by the legal analytics company Lex Machina. Read more: http://www.corpcounsel.com/id=1202654759148/Patent-Litigation-Study-Shows-Rise-in-Suits%2C-Awards#ixzz31c1gTvJk

Corporate Counsel
10/01/2014
Students Vanquish Trolls

When a California-based startup called CarShield was hit with a patent infringement lawsuit in January, its founders got mad. The complaint came with no prior notice, no warning and no demand letter. Read more: http://www.corpcounsel.com/id=1202670189127/Students-Vanquish-Trolls#ixzz3F60Tr2ih

Corporate Counsel
11/07/2014
Q3 Patent Litigation: Less of It, But Still a Lot

Patent litigation in the U.S. declined in the third quarter of 2014, but the overall number of patent lawsuits filed to date puts 2014 on track to be the second most litigious for patent suits in history, according to a group that helps small- and medium-sized businesses fight frivolous patent suits. Read more: http://www.corpcounsel.com/id=1202675816208/Q3-Patent-Litigation-Less-of-It-But-Still-a-Lot#ixzz3IQPxnKix

Corporate Counsel
11/07/2014
New Life for Patent Reform in a New Congress

The results of the 2014 midterm elections have put life back into patent reform legislation that stalled in the Senate in May. After the Republicans are in the majority come January, a patent reform bill designed to curb abusive patent litigation has a good chance of going to a vote, although its passage is not assured. Read more: http://www.corpcounsel.com/id=1202675729730/New-Life-for-Patent-Reform-in-a-New-Congress#ixzz3IQSIgpiJ

Amlaw Litigation Daily
05/19/2014
Alki David Battles Michael Jackson Estate over Hologram IP

The ghost of Michael Jackson performed live over the weekend in Las Vegas. And Alki David, the Hollywood heir to a Greek shipping and bottling fortune, isn't happy about it. Read more: http://www.litigationdaily.com/id=1202655998886/Alki-David-Battles-Michael-Jackson-Estate-over-Hologram-IP-#ixzz32Gkhq8lv

Corporate Counsel
01/13/2016
Will This Case End East Texas' Reign as the Patent Litigation Capital?

The United States has 94 federal judicial districts, but in 2015, almost half of all new patent cases were filed in just one—the Eastern District of Texas. More than 670 district court judges preside over the nation’s courts, but nearly one-third of all patent cases filed in 2015 were assigned to a single judge – the Honorable Rodney Gilstrap, in, yes, the Eastern District of Texas. Read more:...

Corporate Counsel
10/20/2015
IP Automator Releases 3 New Apps Designed for Speed

Lawyers are under pressure to control costs, which means doing more with less and working quickly. Keeping that in mind, legal analytics company Lex Machina is today launching three new applications designed to give intellectual property attorneys instant access to strategic patent, copyright and trademark litigation information. Read more: http://www.corpcounsel.com/id=1202740201125/IP-Automator-Releases-3-New-Apps-Designed-for-Speed#ixzz3ptzslkLc

The Amlaw Litigation Daily
11/17/2014
Sirius XM Suffers Another Loss in Turtles Copyright Crusade

In a decision that upsets the status quo for the music and copyright worlds, a federal judge in New York ruled Friday that the owners of pre-1972 sound recordings have performance rights to their songs, and that Sirius XM therefore infringed copyrights held by the two founding members of the 1960s rock band The Turtles. Read more: http://www.litigationdaily.com/id=1202676699909/Sirius-XM-Suffers-Another-Loss-in-Turtles-Copyright-Crusade#ixzz3JRKaSYZs

Corporate Counsel
10/28/2015
Trolls Begone (for Now): Patent Pleading Rules Get Tougher

Congress is unlikely to take on patent reform legislation this year, but patent litigation is about to experience a major change anyway. On Dec. 1, a rewrite of the Federal Rules of Civil Procedure will take effect, significantly altering the pleading standard for patent infringement cases and creating a new approach to discovery. Read more: http://www.corpcounsel.com/id=1202740882763/Trolls-Begone-for-Now-Patent-Pleading-Rules-Get-Tougher#ixzz3poJYA0Fq

Corporate Counsel
12/28/2015
Challenging Patents: 2015 Year In Review

In the unpredictable world of patents, 2015 may be remembered as the year Kyle Bass shook up the pharmaceutical industry. The well-known hedge fund manager entered the patent arena in January when he announced he would be taking on some of the world's biggest drugmakers by challenging the validity of their patents at the U.S. Patent and Trademark Office. Read more: http://www.corpcounsel.com/id=1202745790451/Challenging-Patents#ixzz3xzRp5bHv

Corporate Counsel
01/25/2016
Report: China Saw a Surge of Trademark Filings

China’s trademark filings grew at a staggering rate in 2014, while the overall pace of new trademark activity in both established and developing economies slowed across the rest of the world, according to a newly released report. Read more: http://www.corpcounsel.com/id=1202747910231/Report-China-Saw-a-Surge-of-Trademark-Filings#ixzz3yOhmrMV4

Corporate Counsel
01/07/2016
Eastern Texas Had an 'Astounding' Number of Patent Cases in 2015

Patent litigation soared in 2015, and nearly 44 percent of the year’s new lawsuits were filed in the Eastern District of Texas, legal analytics company Lex Machina reported Thursday. Read more: http://www.corpcounsel.com/id=1202746460787/Eastern-Texas-Had-an-Astounding-Number-of-Patent-Cases-in-2015#ixzz3wZskP4gF

Corporate Counsel
01/19/2016
Federal Circuit Agrees to hear Major Case on Patent Venue

The Court of Appeals for the Federal Circuit has agreed to hear oral arguments in a case that could result in a major shift in the geographic distribution of patent cases and which could make it more difficult to sue for infringement in the plaintiff-friendly Eastern District of Texas. Read more: http://www.corpcounsel.com/id=1202747383233/Federal-Circuit-Agrees-to-Hear-Major-Case-on-Patent-Venue#ixzz3xoFkGMqg

The AmLaw Litigation Daily
02/10/2015
Judge Rules Sirius Can Seek Appeal on Pre-1972 Recordings

In the ongoing fight between Sirius XM Radio and the 1960s rock band The Turtles, a federal judge in Manhattan ruled Tuesday that she’ll allow Sirius to ask the U.S. Court of Appeals for the Second Circuit to immediately review her ruling that holders of common law copyrights to pre-1972 songs have exclusive public performance rights to their recordings under state law. Read more:...

Corporate Counsel
01/16/2015
Pharma Counsel Prepping for Biosimilar Drug Approvals

Goodwin Procter has published a legal guide to biosmilar drugs—a timely move, coming a week after the U.S. Food and Drug Administration indicated it is close to approving a biosimilar drug for the U.S. market for the first time. Read more: http://www.corpcounsel.com/id=1202715393127/Pharma-Counsel-Prepping-for-Biosimilar-Drug-Approvals#ixzz3P0kJCNMI

The Amlaw Litigation Daily
11/03/2014
No Supreme Court Relief for Kolon in DuPont Secrets Case

The U.S. Supreme Court declined Monday to consider whether a judge should have recused himself in Kolon Industries Inc. long-running legal battle with E. I. du Pont de Nemours & Co., leaving Kolon to face DuPont's trade secrets claims with a series of unfavorable lower court rulings intact. Read more: http://www.litigationdaily.com/id=1202675422616/No-Supreme-Court-Relief-for-Kolon-in-DuPont-Secrets-Case#ixzz3I7WdzXyG

Corporate Counsel
06/16/2015
Patent Quality Group Adds Focus on Automotive Sector

Unified Patents, which was founded three years ago to provide companies with a systematic way to deter nonpracticing entities from asserting weak patents, is adding technologies used in the automotive industry to its existing areas of focus. Read more: http://www.corpcounsel.com/id=1202729581837/Patent-Quality-Group-Adds-Focus-on-Automotive-Sector#ixzz3dG2wz84u

Corporate Counsel
11/11/2014
Are Your Brands Safe in China, India and Russia?

A company’s brands are among its most important assets. But a new survey shows that corporate executives and legal departments charged with protecting those assets consider their brands to be most vulnerable in China, India and Russia. Read more: http://www.corpcounsel.com/id=1202676111448/Are-Your-Brands-Safe-in-China-India-and-Russia#ixzz3IoB606A7

Corporate Counsel
01/21/2016
Report Debunks Claim That PTAB Kills Off Patents

Last year, we wrote about how the facts simply doesn’t support former judge Randall Rader’s famous claim that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board is a patent “death squad, killing property rights.” Now, a year later, another report debunks that perception of PTAB even further. Read more: http://www.corpcounsel.com/id=1202747677749/Report-Debunks-Claim-That-PTAB-Kills-Off-Patents#ixzz3xzMnD03Y

Corporate Counsel
12/03/2014
As Films Leak Online, MPAA Hires New Antipiracy Counsel

The Motion Picture Association of America is bringing aboard an experienced intellectual property lawyer to lead its war on piracy. Dean Marks, currently senior vice present of intellectual property at Warner Bros Entertainment, will be joining the movie studios’ lobbying group in early January as executive vice president, deputy general counsel and chief of global content protection, MPAA said. The announcement comes at a time when Hollywood studios are fighting a bruising battle against...

The AmLaw Litigation Daily
10/19/2014
Knowles Evens Score in IP Fight with Chinese Rival

Amid claims that its client was unfairly bullied by protectionist Chinese courts, a team from Covington & Burling has won a key victory at the U.S. International Trade Commission in an intercontinental patent feud involving mobile device technology. Read more: http://www.litigationdaily.com/id=1202673889968/Knowles-Evens-Score-in-IP-Fight-With-Chinese-Rival#ixzz3Gj9MLyqz

Corporate Counsel
01/29/2015
Data Shows Impact of PTO's Secretive Patent Program

Data from the U.S. Patent and Trademark Office shows that patent applications steered into a secretive program are rejected twice as often as all patent applications, and those eventually issued take years longer to win approval than the overall pool of patent applications. Read more: http://www.corpcounsel.com/id=1202716358836/Data-Shows-Impact-of-PTOs-Secretive-Patent-Program#ixzz3QEPkpJ5H

Corporate Counsel
11/20/2014
In-house IP Lawyer Starts Top Job at AIPLA

In-house counsel might not have taken notice earlier this week when Lisa Jorgenson began serving as the new executive director of the American Intellectual Property Law Association. But they will soon. Read more: http://www.corpcounsel.com/id=1202676883725/Inhouse-IP-Lawyer-Starts-Top-Job-at-AIPLA#ixzz3Jk5dGalW

The AmLaw Litigation Daily
09/22/2014
After Losing Patent Case, RICO Claims Still Dog Lumen View

The accused patent troll Lumen View Technology would probably love to forget the patent infringement lawsuit it brought against search engine company FindTheBest.com last year. But after beating the patent case, winning back its defense fees and suing Lumen View for alleged RICO violations, FindTheBest isn't going to let the plaintiff walk away that easily. Read more: http://www.litigationdaily.com/id=1202670983697/After-Losing-Patent-Case-RICO-Claims-Still-Dog-Lumen-View#ixzz3E9KTPK1K

The AmLaw Litigation Daily / Law.com
07/21/2014
Patent 'Troll' MPHJ Takes Aim at Vermont in Fed. Circ. Appeal

The patent holding company MPHJ Technology Investments LLC has been on the defensive since last year, accused by state and federal officials of running an illegal intellectual property shakedown. Now the much-maligned company is looking for a break from an appeals court in Washington, D.C., arguing that its rights—not to mention the U.S. patent system—are under assault by Vermont's attorney general and a federal judge in Burlington. Read more:...

Corporate Counsel
07/28/2014
Canada's Trademark Revolt

Canada's Trade-marks Act is about to undergo a major transfor mation, and the nation's trademark lawyers are furious. Yes, even Canadians, noted for being unusually nice and polite, can be pushed too far. And this time it's their own government doing the pushing. Read more: http://www.corpcounsel.com/id=1202664841853/Canadas-Trademark-Revolt#ixzz38nGpqdpB

Corporate Counsel
08/03/2015
Brands Face Legal Hurdles Ahead of 2016 Summer Olympics

The XXXI Olympiad, commonly referred to as the 2016 Summer Olympics, is still one year away, with the opening ceremonies scheduled to take place in Rio de Janeiro on Aug. 5, 2016. But the event's official sponsors are already making grand plans—and brand owners who are not official sponsors had better watch out. Read more: http://www.corpcounsel.com/id=1202733527022/Brands-Face-Legal-Hurdles-Ahead-of-2016-Summer-Olympics#ixzz3hmPmgzaf

Corporate Counsel
07/31/2014
Investigation Finds $5M of PTO Mismanagement and Waste

Over the course of more than four years, the U.S. Patent and Trademark Office knowingly wasted and misused more than $5 million in taxpayer dollars by paying salaries to paralegals who had so little work to do, they used the time to watch television, do laundry, surf the Internet, go on Facebook, shop online and exercise, an investigation by the Office of the Inspector General of the U.S. Department of Commerce has revealed. Read more:...

The AmLaw Litigation Daily / Law.com
06/04/2014
Public Interest Group Can't Appeal Patent Ruling

The public interest group Consumer Watchdog doesn’t have standing to challenge the U.S. Patent and Trademark Office’s decision to uphold a patent on human embryonic stem cells, according to a ruling Wednesday by the U.S. Court of Appeals for the Federal Circuit. Read more: http://www.law.com/sites/articles/2014/06/04/public-interest-group-cant-appeal-patent-ruling/#ixzz33m5jRoWV

Corporate Counsel
08/14/2015
Bass on Pharma Patent Review Challenge: So What?

Hedge fund manager Kyle Bass’ has answered charges he is challenging pharmaceutical and biotech patents solely to make a profit with a big “so what.” Read more: http://www.corpcounsel.com/id=1202734766866/Bass-on-Pharma-Patent-Review-Challenge-So-What#ixzz3lLYLFtVl

Corporate Counsel
06/22/2015
PTAB Allows Challenge to Investor's Patent Strategy

The Patent Trial and Appeal Board (PTAB) has granted the pharmaceutical company Celgene Corp. permission to file a motion for sanctions for abuse of process against an organization created by hedge fund manager Kyle Bass—a move that, if successful, could halt similar patent challenges that pharma companies allege were made so Bass could short-sell the stock. Read more: http://www.corpcounsel.com/id=1202730002109/PTAB-Allows-Challenge-to-Investors-Patent-Strategy#ixzz3dXx2PaQK

The AmLaw Litigation Daily
04/27/2015
Appeals Court Hands PTO a Win in a Trademark Row

In a ruling that could handicap trademark applicants fighting to salvage their brands, a federal appeals panel has concluded that the government can recover legal fees from applicants that look to district courts to challenge adverse rulings by the U.S. Patent and Trademark Office.

The AmLaw Litigation Daily
04/13/2015
Schlumberger Unit Can Wield IP at Sea, Judge Rules

A Minnesota-based company can't thwart a rival’s patent lawsuit even though the alleged infringing technology was installed on ships on the high seas, a judge in Minneapolis ruled Friday. While noting it was "not a clear cut or easy decision," U.S. District Judge Ann Montgomery concluded that the Patent Act applies on U.S.-flagged ships in international waters, giving U.K.-based M-I Drilling Fluids UK Ltd. a chance to press its infringement claims. Read more:...

Corporate Counsel
04/02/2015
Study: PTAB Is Not a Property Rights 'Death Squad'

Judge Randall Rader, former chief judge of the Court of Appeals for the Federal Circuit once warned that the judges sitting on the Patent Trial and Appeal Board were acting as “death squads, killing property rights.” Now, a new study by the law firm Fitzpatrick, Cella, Harper & Scinto shows this has not been the case. Read more: http://www.corpcounsel.com/id=1202722318307/Study-PTAB-Is-Not-a-Property-Rights-Death-Squad#ixzz3W60dwG2R

Corporate Counsel
07/09/2015
DC Football Trademark Ruling Won't Affect Merchandising

The decision by a federal district judge in Virginia to uphold the cancellation of the Washington Redskins’ trademark does not mean the football franchise must stop selling T-shirts, caps, banners and other merchandise bearing the team name. Read more: http://www.corpcounsel.com/id=1202731613972/DC-Football-Trademark-Ruling-Wont-Affect-Merchandising#ixzz3fQtlclRs

Corporate Counsel
07/06/2015
.Amazon Domain Sparks Feud Between Congress and ICANN

Members of Congress are holding hostage a planned transfer of Internet domain oversight as it pressures the Internet Corporation for Assigned Names and Numbers (ICANN) to reverse its previous decision denying Amazon.com Inc. permission to use the .amazon top-level domain. Read more: http://www.corpcounsel.com/id=1202731362110/Amazon-Domain-Sparks-Feud-Between-Congress-and-ICANN#ixzz3f8Tc5s1I

Corporate Counsel
06/03/2015
Lawyer Sues EFF for Calling His Patent 'Stupid'

The Electronic Frontier Foundation, which created its “Stupid Patent of the Month” campaign to highlight flaws in the U.S. patent system, has been sued by a patent attorney and inventor who alleges he was defamed when the organization named one of his patents April’s “Stupid Patent of the Month.” Read more: http://www.corpcounsel.com/id=1202728266210/Lawyer-Sues-EFF-for-Calling-His-Patent-Stupid#ixzz3c1mUeDIt

Corporate Counsel
09/02/2014
Throwing Cold Water on the Ice Bucket Challenge

The nonprofit ALS Association recently filed two trademark applications for “Ice Bucket Challenge” and "ALS Ice Bucket Challenge.” By Friday—one week after submitting the documents—the group had withdrawn the applications. Read more: http://www.corpcounsel.com/id=1202668652233/Throwing-Cold-Water-on-the-Ice-Bucket-Challenge#ixzz3CBJaWT00

Corporate Counsel
12/21/2015
Taylor Swift to 1989: "You Belong With Me" (as a Trademark)

Taylor Swift has made a mark on the world with her music, but she’s also making waves with her trademarks. The pop megastar has been on a trademarking tear, most recently applying for protection for the words and phrases “1989,” “Blank Space,” “And I’ll Write Your Name,” “A Girl Named Girl” and “Swiftmas.” Read more: http://www.corpcounsel.com/id=1202745357711/Taylor-Swift-to-1989-You-Belong-With-Me-as-a-Trademark#ixzz3uyR8mBg7

The AmLaw Litigation Daily
07/09/2015
Sirius XM Accused of Stiffing Class in $210M Copyright Deal

Sirius XM's $210 million settlement with major record labels improperly sidelined copyright claims by the rock band the Turtles, ignored the class that the band's founders represent, and neglected to include attorney fees for class counsel, the band's attorneys said in a court filing on Wednesday. Read more: http://www.litigationdaily.com/id=1202731785630/Sirius-XM-Accused-of-Stiffing-Class-in-210M-Copyright-Deal#ixzz3fV1Ve7vS

Corporate Counsel
06/03/2014
It's time for a PTO Director, Hatch Tells Obama

The U.S. Patent and Trademark Office has been without a director for 16 months, and a senior lawmaker is pressuring President Barack Obama to fill the vacancy. Read more: http://www.corpcounsel.com/id=1202657852391/It%27s-Time-for-a-PTO-Director%2C-Hatch-Tells-Obama#ixzz33cGjvPOy

Corporate Counsel
09/29/2015
MacArthur Genius Award Winner Says Patent System Stifles Innovation

Die-hard advocates of strong intellectual property rights aren’t going to be happy. One of the recipients of the 2015 MacArthur Fellowship, known as the “genius award,” is best known for a study that concludes that intellectual property rights on existing technologies hinder innovation. Read more: http://www.corpcounsel.com/id=1202738493525/MacArthur-Genius-Award-Winner-Says-Patent-System-Stifles-Innovation#ixzz3nA6Lww57

Corporate Counsel
08/13/2015
Baseball Hacking Scandal It's Just Business as Usual

Sports fans look at their favorite professional teams and see athletes. Hackers look at sports teams and see data. So, when news broke in June that the Justice Department is investigating front-office personnel for the St. Louis Cardinals for allegedly hacking into an internal network of the Houston Astros, attorneys who deal with trade secret theft were hardly surprised. Read more: http://www.corpcounsel.com/id=1202734657320/Baseball-Hacking-Scandal-Its-Just-Business-as-Usual#ixzz3iiu101rX

Corporate Counsel
04/21/2015
China's Respect for IP: It's Getting Better

Until recently, it wasn't unusual to hear company executives and lawyers rail against China as a country of copy-cats and counterfeiters. Their China policies focused almost exclusively on how to stop the countless number of fake goods and knockoffs that infringed their trademarks and copyrights. And they wondered out loud, repeatedly, whether China would ever develop its own culture of innovation and a respect for IP. Read more:...

The AmLaw Litigation Daily
09/08/2014
Venable Appeals Win for Generics in Hospira Sedative Fight

Less than three weeks after halting drug makers Mylan Inc. and Par Sterile Products from selling generic versions of Hospira Inc.'s blockbuster sedative Precedex, a judge in Baltimore performed an unexpected about-face on Friday that allows the generics to resume sales. Read more: http://www.litigationdaily.com/id=1202669354627/Venable-Appeals-Win-for-Generics-in-Hospira-Sedative-Fight#ixzz3Cpaqif5r

Corporate Counsel
03/11/2015
For IP Cases, In-House Counsel Looking to Smaller Firms

In-house counsel are increasingly turning to smaller law firms when they need outside counsel to handle litigation related to intellectual property. A new study from the legal analytics company Lex Machina shows there has been a decline in the amount of IP defense work handled by Am Law 100 firms in recent years. Non-Am Law firms, meanwhile, have seen a corresponding increase in the percentage of cases they handle, the study found. Read more:...

Corporate Counsel
07/03/2014
Microsoft Names New Top IP Attorney

Microsoft Corp. has a new top intellectual property lawyer. Erich Andersen, who most recently led Microsoft legal department’s business development team and previously served as the company’s general counsel in Europe and as vice president and deputy general counsel of its Windows Business, is the new head of the IP group. Read more: http://www.corpcounsel.com/id=1202661779738/Microsoft-Names-New-Top-IP-Attorney#ixzz36LkpgVwe

Corporate Counsel
05/20/2015
Big Pharma: Let's Shift Patent Debate Away From Trolls

Drug companies react to investor-led efforts to invalidate their patents, saying they are just aiming to gain from drops in the value of company shares. Read more: http://www.corpcounsel.com/#ixzz3acgygue0 Read more: http://www.corpcounsel.com/id=1202726911929/Big-Pharma-Lets-Shift-Patent-Debate-Away-From-Trolls#ixzz3acfYuuyv

The Amlaw Litigation Daily
12/01/2014
Federal Circuit Eyes PTO Standards in Versata Appeal

It's been more than two years since the U.S. Patent and Trademark Office's Patent Trial and Appeal Board began invalidating patents under the America Invents Act. This week the patent bar is watching closely as the U.S. Court of Appeals for the Federal Circuit hears the first appeal of a PTAB decision related to covered business method patents—a patent that claims a method used in a financial product or service. Read more:...

Corporate Counsel
12/08/2015
ITC Saw a Burst of Filings This Autumn

The International Trade Commission has seen a flurry of new complaint filings in the past few months. Read more: http://www.corpcounsel.com/id=1202744360848/ITC-Saw-a-Burst-of-Filings-This-Autumn#ixzz3tqHxwz99

Corporate Counsel
07/11/2014
BP Loses Battle to Trademark Color Green

It’s not easy being green—especially for oil giant BP plc. The company has tried for more than 22 years to obtain a trademark in Australia for the green color that dominates its logo. But according to the U.K. newspaper The Guardian, IP Australia, the Australian government agency that administers intellectual property rights, ruled last week that the company failed to show “convincing evidence” that it is indelibly linked in the mind of the average gasoline consumer with the dark shade of...

Corporate Counsel
05/06/2015
NPE Litigation Cost companies $12.2B in 2014

Companies in 2014 spent more than $12.2 billion on legal costs associated with nonpracticing entity (NPE) litigation—only slightly less than the $12.5 billion spent in 2013, according to RPX Corp.’s third annual “NPE Cost Report.” Read more: http://www.corpcounsel.com/id=1202725643527/NPE-Litigation-Cost-Companies-36122B-in-2014#ixzz3ZO8Eu81s

Corporate Counsel
05/05/2015
Trademark Litigation Report finds $9B in Damages

While the patent world has been getting the lion’s share of IP attention in recent years, trademark attorneys also have been busy, filing more than 24,000 trademark cases since 2009—cases that have resulted in awards of more than $9 billion in cumulative damages, according to a new study by the legal analytics firm Lex Machina. Read more: http://www.corpcounsel.com/id=1202725526110/Trademark-Litigation-Report-Finds-369B-in-Damages#ixzz3ZHw0Y6NI

Corporate Counsel
04/30/2015
US Trade Office Calls Out 37 Countries for IP Practices

The Office of the U.S. Trade Representative has kept China and India on the U.S. priority watch list of countries that it says do not adequately protect patents, copyrights and other intellectual property rights, while Canada remains on the agency’s lower-level watch list. Read more: http://www.corpcounsel.com/id=1202725058352/US-Trade-Office-Calls-Out-37-Countries-for-IP-Practices#ixzz3YotnTKnI

The AmLaw Litigation Daily
09/15/2014
O'Melveny Fends Off Hitachi TV Patent Claims for TPV

O'Melveny & Myers scored a speedy appellate victory on Monday in a battle between past and present television titans, persuading a panel to reject patent infringement claims by Japan's Hitachi Consumer Electronics Co. against fast-growing Chinese TV manufacturer TPV Technology Ltd. Read more: http://www.litigationdaily.com/id=1202670147299/OMelveny-Fends-Off-Hitachi-TV-Patent-Claims-for-TPV#ixzz3DaVowZLJ

Corporate Counsel
04/28/2015
Google Wants to Outfox Trolls by Buying Up Patents

Have some patents lying around? Google might want to buy them. In a blog post, the company announced Monday it has established the Patent Purchase Promotion, an experimental program in which patent owners can apply to sell their patents to Google Inc. Read more: http://www.corpcounsel.com/id=1202724792712/Google-Wants-to-Outfox-Trolls-by-Buying-Up-Patents#ixzz3YjpHKL9o

Corporate Counsel
03/30/2015
Texas Judge Known for Patent Expertise Joining IP Firm

Judge Leonard Davis, the former chief judge of the U.S. District Court for the Eastern District of Texas, will step down from the bench in May and join the intellectual property law firm Fish & Richardson. Read more: http://www.corpcounsel.com/id=1202722018389/Texas-Judge-Known-for-Patent-Expertise-Joining-IP-Firm#ixzz3VtIwNaWt

Corporate Counsel
05/14/2015
Battle Over .SUCKS Domain Gets Testy

The registry that owns the controversial domain name “.sucks” has put the Internet Corporation for Assigned Names and Numbers (ICANN) on notice that its criticisms and actions against the company could lead to legal action. Read more: http://www.corpcounsel.com/id=1202726460778/Battle-Over-SUCKS-Domain-Gets-Testy#ixzz3a98hFmnM

The AmLaw Litigation Daily
03/09/2015
Proskauer Scores in Fight Over Alleged Keith Haring Fakes

A federal judge in Manhattan has dismissed a $40 million lawsuit against a foundation created by the prolific New York City artist Keith Haring, tossing claims that the foundation destroyed the value of more than 100 purported Haring works by publicly calling them fakes. Read more: http://www.litigationdaily.com/id=1202720082558/Proskauer-Scores-in-Fight-Over-Alleged-Keith-Haring-Fakes#ixzz3TzomxuvC

Corporate Counsel
04/16/2015
AGs Worried Patent Reform May Trump Anti-Troll Laws

While Congressional committees continue to weigh the pros and cons of the various patent reform bills headed for a vote this year, state attorneys general are urging Washington, D.C., lawmakers to make sure the state consumer protection laws they’ve passed to combat abuses by so-called patent trolls are not preempted. Read more: http://www.corpcounsel.com/id=1202723701021/AGs-Worried-Patent-Reform-May-Trump-AntiTroll-Laws#ixzz3XV5Qb7M9

Corporate Counsel
01/08/2015
An Attack on Pharma Patents as Investment Strategy

U.S. hedge fund manager Kyle Bass, best known for predicting the subprime mortgage crisis in 2008, said Wednesday he plans to take on some of the world’s biggest drug makers by challenging the validity of their patents at the U.S. Patent and Trademark Office. Read more: http://www.corpcounsel.com/id=1202714280837/An-Attack-on-Pharma-Patents-as-Investment-Strategy#ixzz3OBAyHq16

Corporate Counsel
11/19/2015
Reflect on This: Only 15 Percent of Patents Go to Women

The share of patents going to women has risen over time, but is still less than 15 percent of the total, according to a study by several economists published in a working paper called “The Lifecycle of Inventors.” At the current rate of convergence, it will take another 140 years for women to obtain 50 percent of granted patents, the study found. Read more: http://www.corpcounsel.com/id=1202742976084/Reflect-on-This-Only-15-Percent-of-Patents-Go-to-Women#ixzz3s45FxWWB

Corporate Counsel
07/24/2015
Canada Gives Google a World Wide Headache

It's been almost 20 years since John Perry Barlow, the essayist, Grateful Dead lyricist and Electronic Frontier Foundation founder, declared that governments have no sovereignty in cyberspace. "Your legal concepts of property, expression, identity, movement and context do not apply to us," he wrote in his "Declaration of Independence of Cyberspace," which went viral when published in 1996. "They are all based on matter, and there is no matter here." Read more:...

Corporate Counsel
03/06/2015
PTO Cuts Secretive SAWS Patent Program

The U.S. Patent and Trademark Office has eliminated a controversial and secretive program that arbitrarily singled out and delayed the issuance of certain patents. Read more: http://www.corpcounsel.com/id=1202719865370/PTO-Cuts-Secretive-SAWS-Patent-Program#ixzz3TtqglGkN

Corporate Counsel
10/06/2015
NetApp's IP Counsel Takes His Skills to an IP Software Maker

Doug Luftman, who as chief intellectual property counsel and vice president of innovation services for NetApp Inc. aggressively fought lawsuits filed by nonpracticing entities and became a strong proponent of technology to manage IP strategy, has been named general counsel and chief innovation officer at the IP management and analytics company Lecorpio. Read more: http://www.corpcounsel.com/id=1202739115946/NetApps-IP-Counsel-Takes-His-Skills-to-an-IP-Software-Maker#ixzz3ntqYrbG3

Corporate Counsel
12/01/2015
The Saga Continutes: Kyle Bass and Partner File Personal, 'Altruistic' Challenges to Drug Patents

Last week Kyle Bass and Erich Spangenberg, who have upset the pharmaceutical industry by filing more then 30 challenges to issued pharmaceutical patents at the U.S. Patent and Trademark Office, filed two more petitions to invalidate patents owned by two separate pharmaceutical companies. Only this time, the petitions were filed by Bass and Spangenberg as individuals—not by the Coalition for Affordable Drugs they created earlier this year to challenge pharma patents. Why the change? Read...

Corporate Counsel
10/08/2015
Kyle Bass Wins One as the Patent Trial and Appeal Board Agrees to Review Drug Patent

Kyle Bass, the hedge fund manager who has challenged more than two dozen pharmaceutical patents at the U.S. Patent and Trademark Office, will finally see one of those challenges go to trial. On Wednesday, the Patent Trial and Appeal Board instituted an inter partes review that Bass’s Coalition for Affordable Drugs filed against a drug patent owned by Cosmos Technologies. Read more:...

Corporate Counsel
10/29/2014
DOJ Wants Compliance Independent, If Not Separate

The U.S. Department of Justice looks for evidence that a company’s compliance department operates independently and with autonomy when conducting an investigation. But it does not prescribe that a company’s compliance functions be separate from its in-house legal department, a senior DOJ official said Wednesday at the Association of Corporate Counsel’s annual meeting in New Orleans. Read more:...

Corporate Counsel
10/31/2014
Will Supreme Court Step in on Stem Cell Patents?

A nonprofit advocacy group has asked the U.S. Supreme Court to overturn a decision by the Court of Appeals for the Federal Circuit that barred the group from challenging the validity of a controversial embryonic stem cell patent. Read more: http://www.corpcounsel.com/id=1202675239169/Will-Supreme-Court-Step-in-on-Stem-Cell-Patents#ixzz3Hl5N3NAs

Amlaw Litigation Daily
09/28/2014
Honda Wins Ruling That Patent Plaintiff Deceived the PTO

It wasn't for lack of trying, but nine years after first filing a patent infringement suit against Honda Motor Co., attorneys at Baker Botts have once again failed to shake a ruling that their client duped the U.S. Patent and Trademark Office in order to obtain its patents. Read more: http://www.litigationdaily.com/id=1202671618373/Honda-Wins-Ruling-That-Patent-Plaintiff-Deceived-the-PTO#ixzz3Eihd6F13

Corporate Counsel
07/09/2014
Leahy Blames Reid for Spiking Patent Reform Bill

In an article published by the Burlington Free Press, Sen. Patrick Leahy (D-Vt.) blamed Senate majority leader Harry Reid (D-Nev.) for forcing him to drop a popular patent reform bill designed to halt the abusive activities carried out by patent trolls. Read more: http://www.corpcounsel.com/id=1202662452597/Leahy-Blames-Reid-for-Spiking-Patent-Reform-Bill#ixzz36zKBlFb7

Amlaw Litigation Daily
06/02/2014
Citing Octane Judge Rules Accused Troll Must Pay Defense Fees

FindTheBest.com CEO Kevin O'Connor lost a battle last month when a judge tossed his racketeering claims against Lumen View Technology, an accused patent troll. But O'Connor has still managed to win his self-described "war" against Lumen View, especially now that the company is on the hook for FindTheBest's legal bills. Read more: http://www.litigationdaily.com/id=1202657657356/Citing-%3Cem%3EOctane%3C%2Fem%3E-Judge-Rules-Accused-Troll-Must-Pay-Defense-Fees#ixzz33W5y6ANe

Intellectual Property Magazine (an ALM supplement)
04/01/2015
Roll Another Pot Patent (For the Road)

The cannabis industry is seeking IP protection, but the law is unclear. Read more: http://www.corpcounsel.com/id=1202722064373/Roll-Another-Pot-Patent-40For-the-Road41#ixzz3W4vwu3yC

The AmLaw Litigation Daily
02/23/2015
High Court Rejects Embryonic Stem Cell Patent Appeal

Dealing a blow to a non-profit that hoped to invalidate a controversial embryonic stem cell patent, the U.S. Supreme Court on Monday declined to wade into a fight over the rights of third parties to challenge decisions by the U.S. Patent and Trademark Office. Read more: http://www.litigationdaily.com/id=1202718721749/High-Court-Rejects-Embryonic-Stem-Cell-Patent-Appeal#ixzz3Sg9JaKgz

Corporate Counsel
01/05/2016
Despite Reforms, Patent Cases Filed by NPEs Rose in 2015

Despite changes in patent law expected to curb the filing of lawsuits by nonpracticing entities, NPE litigation increased significantly in 2015. Read more: http://www.corpcounsel.com/id=1202746296282/Despite-Reforms-Patent-Cases-Filed-by-NPEs-Rose-in-2015#ixzz3wUSDNC1o

Corporate Counsel
05/09/2014
Skee-Ball Rolls Into a Big Trademark Fight

There's nothing amusing about the courtroom battle that's been brewing over the 105-year-old arcade game Skee-Ball. Read more: http://www.corpcounsel.com/#ixzz31A56rNAF

Corporate Counsel
04/18/2014
Higher Education's Trademark Track

So much for the hallowed halls of academia. Colleges and universities have been amassing a trove of registered trademarks in recent years—and not just for the traditional marks that represent their names and athletic team insignias. Read more: http://www.corpcounsel.com/id=1202650403388/Higher-Ed%27s-Trademark-Track#ixzz2zRhX5ke9

Corporate Counsel
10/28/2015
Trolls Begone (For Now): Patent Pleading Rules Get Tougher

Congress is unlikely to take on patent reform legislation this year, but patent litigation is about to experience a major change anyway. On Dec. 1, a rewrite of the Federal Rules of Civil Procedure will take effect, significantly altering the pleading standard for patent infringement cases and creating a new approach to discovery.

Corporate Counsel
04/29/2014
PTO's Lee Faces Criticism on Proposed Patent Rules

Amid criticism that the U.S. Patent and Trademark Office has gone too far with proposed rules governing transparency in patent ownership, PTO deputy director Michelle Lee focused on the importance of transparency in IP during her keynote speech last week at a major intellectual property conference in New York City. Read more: http://www.corpcounsel.com/id=1202653150698/PTO%27s-Lee-Faces-Criticism-on-Proposed-Patent-Rules#ixzz30IzWFaLI

Corporate Counsel
10/13/2015
Trademark Appeals Board Opinion Has People Asking: What the F**K?

A 22-page legal opinion issued late last month by the Trademark Trial and Appeal Board included a commonly used four-letter swear word beginning with the letter F—the one we tell our kids to refrain from using—as many as 86 times. Read more: http://www.corpcounsel.com/id=1202739728336/Trademark-Appeals-Board-Opinion-Has-People-Asking-What-the-FK#ixzz3oebM6oUU

Corporate Counsel
05/02/2014
Vermont Opens a New Front in the Patent Troll Wars

In an important decision in the fight against patent trolls, a U.S. district court judge ruled that the state of Vermont can pursue a lawsuit against a well-known patent troll in state court—a major victory for Vermont attorney general William Sorrell, who has spearheaded an effort to use state law to crack down on patent trolls. Read more: http://www.corpcounsel.com/id=1202653720920/Vermont-Opens-a-New-Front-in-the-Patent-Troll-Wars#ixzz30ajc8ps6

Corporate Counsel
10/16/2015
Trump, Other Politicians Hit Sour Notes With Musicians Over Song Use

It’s become a sort of new normal. Politician uses pop song at a campaign rally or event. Artist and songwriter object and send a cease and desist letter to politician’s campaign. Negative publicity ensues. Usually, politician backs off and stops using song. Read more: http://www.corpcounsel.com/id=1202740083464/Trump-Other-Politicians-Hit-Sour-Notes-With-Musicians-Over-Song-Use#ixzz3pu1Jvmrc

The AmLaw Litigation Daily
06/08/2015
Vermont Judge Allows Challenge to Patent Troll Law

In an early test of state laws that attempt to curb patent trolls, a Vermont federal judge has allowed a challenge to proceed against Vermont's Bad Faith Assertions of Patent Infringement Act, even though the state has not sued the plaintiff under that law. The challenge is being closely watched, as 23 other states have followed Vermont’s lead and passed similar laws that attempt to restrain patent trolls. Read more:...

Amlaw Litigation Daily
04/28/2014
Gibson Dunn, Kilpatrick Beat Back Patent Assault on Game Makers

The rise of "in-app purchases" has been a major boon for online game developers, letting them profit from impulse buys by customers who might otherwise keep their credit cards tucked away. But that success also sparked a patent challenge by a shell company called GameTek LLC, which claimed that some of the biggest game makers around should be held liable for infringing its technology. Read more:...

Corporate Counsel
07/10/2014
The PTO Goes to Denver, Thanks to John Posthumus

The U.S. Patent and Trademark Office has finally become a government agency that can operate outside the Washington, D.C., Beltway. And some say John Posthumus is the reason why. Read more: http://www.corpcounsel.com/id=1202662626808/The-PTO-Goes-to-Denver-Thanks-to-John-Posthumus#ixzz375E8T4rL

Corporate Counsel
05/01/2014
Measured Approach to India and Canada in IP Watch List

The U.S. government has resisted calls from Big Pharma and other U.S. business sectors to take a tougher stance against India and Canada for their alleged failures to meet the U.S. standard for protection and enforcement of intellectual property. Read more: http://www.corpcounsel.com/id=1202653543085/Measured-Approach-to-India-and-Canada-in-IP-Watch-List#ixzz30V70gQjt

Corporate Counsel
09/30/2015
Patent Troll Loses Battle to Move Vermont Lawsuit to Federal Court

A notorious non-practicing entity that sent thousands of demand letters to Vermont businesses over a “scan-to-email” patent will have to fight its legal battle in Vermont state court, the Court of Appeals for the Federal Circuit ruled Monday. Read more: http://www.corpcounsel.com/id=1202738623509/Patent-Troll-Loses-Battle-to-Move-Vermont-Lawsuit-to-Federal-Court#ixzz3nGHjvOgJ

Amlaw Litigation Daily
04/09/2014
Trial Looms in Former IP Client's Case Against Baker Botts

Did Baker Botts betray one of its clients by sharing its secrets with a rival and hiding its duplicity? Or is the law firm a victim of attempts by an unsuccessful company to blame its failings on others? Read more: http://www.litigationdaily.com/id=1202650403853/Trial-Looms-in-Former-IP-Client%27s-Case-Against-Baker-Botts#ixzz2yVhAGPii

Corporate Counsel
04/30/2014
Supreme Court Patent Rulings Shift Reform Debate

The two U.S. Supreme Court decisions issued Tuesday that will give district courts more leeway in awarding attorney fees to prevailing parties in patent suits are being used as ammunition by opponents of a patent reform bill slated to be debated this week in the Senate, but others are urging legislators to pass a reform bill nonetheless. Read more: http://www.corpcounsel.com/id=1202653390835/Supreme-Court-Patent-Rulings-Shift-Reform-Debate#ixzz30PAn7l5m

Corporate Counsel
09/21/2015
Patent Reviews Rise Sharply -- And Cases Are Settling Faster, Too

Anyone paying even a little attention to intellectual property law has by now heard of inter partes review—the patent challenges at the U.S. Patent and Trademark Office created under the America Invents Act. These procedures have become increasingly popular since they were first made available in September 2012. Nearly 3,500 IPR petitions have been filed so far, and as of Aug. 31, more than 1,600 had been filed in fiscal 2015 alone. Read more:...

Corporate Counsel
04/10/2014
Another Delay for PTO Silicon Valley Office

The opening of the much-touted Silicon Valley office of the U.S. Patent and Trademark Office has been delayed by several months, with the new opening date expected sometime in the spring of 2015. Read more: http://www.corpcounsel.com/id=1202650567313/Another-Delay-for-PTO-Silicon-Valley-Office#ixzz2yVrzOBw7

Corporate Counsel
09/22/2015
Who Reps: Minding the Store

It seems that companies have become more determined than ever to protect their intellectual property. But when the Fortune 500 feel compelled to pursue litigation—whether it be in district court, at the International Trade Commission or at the U.S. Patent and Trademark Office's Patent Trial and Appeal Board—they don't turn solely to large, established firms to do battle on their behalf. Read more: http://www.corpcounsel.com/id=1202737903224/Who-Reps-Minding-the-Store#ixzz3mgz4j4YO

Corporate Counsel
04/04/2014
ITC Rules Transmitted Data Can Be an IP 'Article'

In a patent case for the digital age, the International Trade Commission issued a ruling Thursday that establishes infringing products brought into the United States through electronic transmission are deemed “articles” even though they don’t have physical form, and therefore can be banned by the agency. Read more: http://www.corpcounsel.com/id=1202649832699/ITC-Rules-Transmitted-Data-Can-Be-an-IP-%27Article%27#ixzz2xx1ctPiP

Corporate Counsel
10/09/2015
Anti-Troll Consultants Launch Programs to Help Startups Avoid Litigation

Unified Patents, the San Jose-based provider of consulting services to help businesses deter lawsuits filed by nonpracticing entities (NPEs), has launched two new programs designed to help start-ups avoid the threat of frivolous litigation. Read more: http://www.corpcounsel.com/id=1202739499908/AntiTroll-Consultants-Launch-Programs-to-Help-Startups-Avoid-Litigation#ixzz3oNizShwc

Corporate Counsel
04/04/2014
Complex IP Litigation Gets an Instruction Manual

The intricacies of intellectual property litigation present many challenges, and even experienced attorneys sometimes fail to navigate them well. But McDermott Will & Emery partner David Dolkas has written a book intended to serve as a practical, accessible guide for dealing with complicated cases: “Managing Complex IP Litigation” (LexisNexis, 2014). Read more: http://www.corpcounsel.com/id=1202649768771/Complex-IP-Litigation-Gets-an-Instruction-Manual#ixzz2xx125Oi4

Corporate Counsel
11/05/2015
The TPP Treaty Text is Released, and Critics See a Lot to Dislike

The official text of the controversial Trans-Pacific Partnership treaty was released Thursday, and the intellectual property provisions, previously revealed through Wikileaks, are going to make a lot of people unhappy both in the United States and overseas. Read more: http://www.corpcounsel.com/id=1202741770795/The-TPP-Treaty-Text-Is-Released-and-Critics-See-a-Lot-to-Dislike#ixzz3r0gu0iYa

The American Lawyer Intellectual Property Supplement
04/01/2014
Coup D'État

State attorneys general decided to take patent troll threats into their own hands, circumventing federal jurisdiction by calling it an issue of deceptive practices. Read more: http://www.americanlawyer.com/id=1202665981543/State-AGs-Go-After-Patent-Trolls-on-Their-Own-Is-it-Working&back=CC#ixzz39dyB46GZ

The American Lawyer Intellectual Property Supplement
04/01/2014
Coup d'État

State attorneys general decided to take patent troll threats into their own hands, circumventing federal jurisdiction by calling it an issue of deceptive practices

Amlaw Litigation Daily
03/31/2014
Judge: SCOTUS 'First Sale' Ruling Can't Derail Lexmark Patent Case

The U.S. Supreme Court clarified a murky area of the law—and dished out bad news for copyright holders—when it ruled last year that U.S. copyright owners can't block U.S. resales of "gray market" products that are manufactured and first sold abroad. Some importers would like to see the same logic extended to products protected by U.S. patents, but so far the courts haven't been willing to oblige. Read more:...

Corporate Counsel
04/28/2014
The GC's POV on IP

General counsel from five major companies said Friday they broadly support patent reform proposals currently before Congress and expect a patent reform bill to pass. But they expressed doubts and concerns about efforts to reform U.S. copyright law. Read more: http://www.corpcounsel.com/id=1202652704596/The-GC%27s-POV-on-IP#ixzz2zvx5Ad9U

Corporate Counsel
09/24/2015
IP Battles Disturb the Meditative Calm of Yoga Rivals

Yoga has long been known as a calming and spiritual practice—one that brings peace and well-being to the body, mind and spirit. Intellectual property, as most who have tangled with it know, is anything but peaceful. So what happens to the tranquil world of yoga when IP enters the picture? Let’s just say it doesn’t create an atmosphere conducive to meditation. Read more: http://www.corpcounsel.com/id=1202738108571/IP-Battles-Disturb-the-Meditative-Calm-of-Yoga-Rivals#ixzz3mgx7QzLh

Corporate Counsel
03/06/2014
PTO Names AOL IP Counsel to GC Role

The U.S. Patent and Trademark Office has appointed a new general counsel: Sarah Harris, AOL Inc.’s deputy general counsel for intellectual property. She is the second person from the high-tech and software industry to fill a leadership spot at the agency.

Corporate Counsel
03/04/2014
Trade Secrets Loss Could Be 3 Percent of GDP

The theft of trade secrets costs between 1 and 3 percent of the gross domestic product of the United States and other advanced industrial economies, according to a new report.

Corporate Counsel
03/25/2014
Ukraine Gets a (Temporary) Break on IP Sanctions

The Obama administration has apparently decided Ukraine has enough on its plate dealing with Russia and won't have to also cope with intellectual property trade sanctions imposed by the United States.

Amlaw Litigation Daily
03/20/2014
Patent Ruling Highlights Pressure on Plaintiffs

Amid a backlash against so-called patent trolls, plaintiffs in patent cases are facing a multi-pronged movement to tighten the pleading requirements that govern their infringement claims. Some of these efforts are centered in Congress, which is considering multiple patent reform bills. But others are coming from the judicial branch—a point clearly illustrated last week in a ruling by a federal judge in Virginia. Read more:...

Corporate Counsel
12/24/2015
PTO Blackout Twarts Patent and Trademark Filings

A major power outage at the U.S. Patent and Trademark Office has prompted the agency to shut down many of its online and IT systems, making it difficult to complete applications via the PTO’s electronic filing systems before the Christmas holiday. Read more: http://www.corpcounsel.com/id=1202745751069/PTO-Blackout-Thwarts-Patent-and-Trademark-Filings#ixzz3vGxtNcoL

Corporate Counsel
05/18/2015
Office Depot: Yours, Mine and Ours

Since the day Elisa Garcia walked in the door as Office Depot's general counsel in 2007, she's had to be at the top of her game. On her second day on the job, the U.S. Securities and Exchange Commission began a major investigation of the company. The following year, the office supply company started discussing a potential merger with rival OfficeMax, but the deal fell through. That was also the year the financial meltdown hit. In 2010, one week after Office Depot's then-chief executive...

Corporate Counsel
02/25/2014
PTO Makes A Home Where the Patents Are

The U.S. Patent and Trademark Office is finally establishing a permanent home for a Silicon Valley satellite office, and the region's patent attorneys are elated. "It's a big deal," says Doug Luftman, vice president of innovation services and chief intellectual property counsel for the storage and data management company NetApp Inc. Read more: http://www.corpcounsel.com/id=1202644264465/PTO-Makes-a-Home-Where-the-Patents-Are#ixzz2vK36aF6M

Amlaw Litigation Daily
03/24/2014
U.S. to Join Supreme Court Showdown on Patent Eligibility

The U.S. Supreme Court on Friday granted the solicitor general of the United States permission to participate in oral arguments next week in Alice Corp. Ltd. v. CLS Bank International, giving the government a voice in one of the most closely watched patent cases of the year.

Corporate Counsel
03/19/2014
ITC Weighing Patent Jurisdiction Over Digital Products

In a classic case of intellectual property law trying to keep up with technology, the U.S. International Trade Commission is expected to decide this week whether it has jurisdiction over infringing products that are in digital rather than physical form. Attorneys say it’s not surprising that this question would arise in the digital age, and it was only a matter of time before it would have to be addressed by the courts. But it didn’t seem that this case would be the one to tip the judicial...

AmLaw Litigation Daily
12/10/2013
Stem Cell Case Could Test Groups' Ability to Challenge Patents

In an appeal with echoes of the Myriad human gene case, the Federal Circuit wants the U.S. Patent and Trademark Office and the Solicitor General to weigh in on a critical standing question for third parties challenging PTO patent rulings.

Corporate Counsel
03/11/2014
Another Patent Infringement Setback for Myriad Genetics

Myriad Genetics Inc., the maker of tests for hereditary risks of breast and ovarian cancer that lost its patent fight at the U.S. Supreme Court last year, failed to convince a federal court to block a competitor from selling its own genetic tests while another patent-infringement case is pending. Read more: http://www.corpcounsel.com/id=1202646451791/Another-Patent-Infringement-Setback-for-Myriad-Genetics#ixzz2vgfscbnw

Corporate Counsel
01/31/2014
The Patent Trial and Appeal Board Flexes its Muscles

A major shift is taking place in the world of patents, and nowhere is this more evident than at the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB), the body that hears patent challenges at the PTO. Read more: http://www.corpcounsel.com/id=1202640957315/The-Patent-Trial-and-Appeal-Board-Flexes-Its-Muscles#ixzz2vK3z8B6r

AmLaw Litigation Daily
02/03/2014
It's Chu v. Apple in Wisconsin University Patent Case

The University of Wisconsin's patent licensing arm has tapped powerhouse patent litigator Morgan chu to pick what could be a major fight with Apple Inc. In a lawsuit filed on Friday, the Irell & Manella partner alleges that Apple is infringing the university's patented technology...

Corporate Counsel
01/13/2016
Report: 2015 Saw a Drop in the Number of Patents Issued

The number of patents issued by the U.S. Patent and Trademark Office declined in 2015—the first downturn in U.S. patent activity since 2007. Read more: http://www.corpcounsel.com/id=1202747010838/Report-2015-Saw-a-Drop-in-the-Number-of-Patents-Issued#ixzz3x9vK2dZi

AmLaw Litigation Daily
03/07/2014
CBOE's Three Patents Face Risk of Invalidation

The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) has instituted postgrant reviews of three patents owned by the Chicago Board Options Exchange Inc. that are at the center of a $525 million suit it filed against the International Securities Exchange LLC. The move could result in the invalidation of the patents. Read more: http://www.litigationdaily.com/id=1202646127547/CBOE%27s-Three-Patents-Face-Risk-of-Invalidation-#ixzz2vK0knyLA

Corporate Counsel
12/21/2015
Chinese Online Giant Alibaba Hires Former Pfizer and Apple Lawyer for IP Enforcement

Matthew Bassiur, who previously oversaw anti-counterfeiting operations for Pfizer Inc. and is also former counsel for intellectual property enforcement at Apple Inc., has been appointed head of global intellectual property enforcement at Chinese online retail giant Alibaba. Read more: http://www.corpcounsel.com/id=1202745456261/Chinese-Online-Giant-Alibaba-Hires-Former-Pfizer-and-Apple-Lawyer-for-IP-Enforcement#ixzz3v5F3GLnY

Corporate Counsel
03/05/2014
Pharma Sector Wants Canada Added to IP Priority List

The pharmaceutical industry is urging the Office of U.S. Trade Representative to place Canada on its intellectual property “Priority Watch List” when the agency releases the 2014 edition of its Special 301 Report in April.

Corporate Counsel
09/09/2015
Patent a Cure for the Common Cold? This Lawyer Did

Obtaining a patent in general is no easy feat. So what happens when someone wants to patent a cure for the common cold? “Everyone rolls their eyes,” said Mark Benedict, a partner at Knobbe Martens, Olson & Bear. But after the initial eye rolling, Benedict did set out to secure a U.S. patent for just such a cure. It wasn’t easy. It took five years. Three times the U.S. Patent and Trademark Office kicked the application back, requiring Benedict and associate Mark Metzke to amend the claims,...

Corporate Counsel
01/15/2014
Google, Apple Join IBM on 2013 Patent List

The very public patent war between Google Inc. and Apple Inc. also escalated behind the scenes in 2013, as both companies for the first time broke into the ranks of the top 20 recipients of U.S. patents. Read more: http://www.corpcounsel.com/id=1202638251467/Google%2C-Apple-Join-IBM-on-2013-Patent-List#ixzz2wF2Sp7Xl

AmLaw Litigation Daily
03/11/2014
Uniloc Suffers Setback In East Texas Patent Fight

Accused patent troll Uniloc USA Inc. has asserted its patents against dozens of companies, ranging from the gigantic (Microsoft Corp.) to the obscure. Now a small software company and its New England lawyers are claiming an outsized victory against Uniloc in the Eastern District of Texas—and saying the win will help other Uniloc targets as well. Read more: http://www.litigationdaily.com/id=1202646422105/Uniloc-Suffers-Setback-in-East-Texas-Patent-Fight#ixzz2vggWSNd3

Corporate Counsel
12/11/2014
Senate Puts Off PTO Director Confirmation to 2015

Michelle Lee, who was nominated in October by President Barack Obama to head the U.S. Patent and Trademark Office, will not be confirmed by the U.S. Senate before Congress adjourns, meaning her confirmation will have to resume after the new Republican-led Congress is seated in January. Senator Chuck Grassley, R-Iowa, who is the ranking Republican on the Senate Judiciary Committee, said Wednesday during Lee’s scheduled confirmation hearing that there is not enough time to confirm her before...

Corporate Counsel
02/10/2014
PTO Proposes New Anti-Troll Rule

As Congress continues to debate the intricacies of proposed patent reform legislation that is designed to stop patent trolls from decimating the U.S. patent system, the U.S. Patent and Trademark Office is taking steps of its own to make life harder for patent trolls. Read more: http://www.corpcounsel.com/id=1202642085711/PTO-Proposes-New-Anti-Patent-Troll-Rule#ixzz2vK27woY6

Corporate Counsel
07/29/2014
Settlement Ends Long-Rolling Skee-Ball TM Dispute

An intellectual property fight over the arcade game Skee-Ball has ended with a confidential settlement and licensing agreement that will enable the operators of a hipster-happy “Brewskee-Ball” league to continue its Skee-Ball tournaments at bars in Brooklyn, San Francisco, Austin and Wilmington, N.C. Read more: http://www.corpcounsel.com/id=1202665040677/Settlement-Ends-LongRolling-SkeeBall-TM-Dispute#ixzz38sN4u0eS

AmLaw Litigation Daily
02/10/2014
Judge Rebukes Apple's Counsel for Playing to Nationalistic, Xenophobic Prejudice

The San Jose federal judge presiding over Apple Inc.'s smartphone patent battle with Samsung Electronics Co. delivered a stern rebuke to Apple's lawyers for seemingly appealing to nationalism and xenophobia in making their case against a Korean rival, warning that efforts to play to juror prejudices won't be tolerated.

Law.com
08/28/2015
Meet the Judges Shaking Up Patent Law

The Patent Trial and Appeal Board is a deeply sophisticated bench that is revolutionizing patent litigation. Here's a look at the judges who are making their mark on the new tribunal. Read more: http://www.therecorder.com/#ixzz3k8zDMsjk

Corporate Counsel
06/08/2015
Lawyer Drops 'Stupid Patent' Suit Against EFF

The lawyer who last week sued the Electronic Frontier Foundation for defamation after the nonprofit wrote about his invention in its “Stupid Patent of the Month” column has dropped his lawsuit. Read more: http://www.corpcounsel.com/id=1202728673549/Lawyer-Drops-Stupid-Patent-Suit-Against-EFF#ixzz3cVS8ZIP9

Corporate Counsel
02/14/2014
Cross-Border Litigation Is Big, Getting Bigger

Legal disputes that take place in multiple national jurisdictions or between parties based in different countries are posing challenges for corporate boards, chief executive officers and general counsel, according to a survey of about 150 global general counsel and chief legal officers.

Corporate Council
12/14/2015
China Powers to No. 1 in the World Patent Filing Race

China cranked out more patent applications in 2014 than the United States and Japan combined, according to a survey released Monday by the World Intellectual Property Organization. Read more: http://www.corpcounsel.com/id=1202744845641/China-Powers-to-No-1-in-the-World-Patent-Filing-Race#ixzz3ubfUJdIB

Corporate Counsel
01/30/2014
New Challenges for Protecting Trademarks Online

The World Wide Web had a major growth spurt Wednesday—in ways not seen since it was created—and that means brand owners may have to spend more energy, time and money to protect their trademarks.

AmLaw Litigation Daily
02/25/2014
Supreme Court Newcomers Take On Fee-Shifting in Patent Cases

Don Dunner isn't the only lawyer making his first-ever U.S. Supreme Court appearance this week, as the justices take up the question of fee shifting in patent cases. Rudy Telscher of the IP boutique Harness Dickey & Pierce will stand before the high court for the first time in his career on Wednesday. He's set to argue on behalf of Octane Fitness, a small exercise equipment company, in a case with potentially huge ramifications for the patent bar.

Corporate Counsel
08/26/2014
Hefty Prices for .Attorney and .Lawyer Domains

The new domains being launched by the Internet Corporation for Assigned Names and Numbers (ICANN) haven’t transformed the World Wide Web just yet. But it appears that lawyers are being faced with some expensive choices. Read more: http://www.corpcounsel.com/id=1202668061405/Hefty-Prices-for-Attorney-and-Lawyer-Domains#ixzz3BdEAo9CN

Corporate Counsel
07/08/2014
More IP Work Going In-house, Less to Outside Firms

In-house counsel have gotten a lot more savvy about intellectual property—so much so that most law firms should not expect IP to be the major source of revenue, workload and growth potential in 2015 that it’s been in the past, according to a new survey. Read more: http://www.corpcounsel.com/id=1202662258830/More-IP-Work-Going-Inhouse-Less-to-Outside-Firms#ixzz36tVM4epB

Corporate Counsel
03/27/2015
Data Shows 2014 a Historic Year for Patent Litigation

Lex Machina released its second annual Patent Litigation Year in Review Thursday, publishing data that confirms 2014 was a historic year in which the subject of patent litigation and patent reform spread from corporations and law firms to Congress and the U.S. Supreme Court. Read more: http://www.corpcounsel.com/id=1202721760927/Data-Shows-2014-a-Historic-Year-for-Patent-Litigation#ixzz3Vcl8rKLm

Corporate Counsel
12/03/2013
IP E-Book Tracks Chemical, Pharma and Biotech Patents

Finnegan, Henderson, Farabow, Garrett & Dunner has published a free e-book that provides a summary of the top trends in patent filings and litigation in the chemical, pharmaceutical and biotechnology industries.

Corporate Counsel
07/17/2014
Firm Urges Small Business To Stand Up To Thwart Trolls

A patent-licensing company has launched an educational campaign against the use of extortionist demand letters that victimize thousands of small and medium-sized businesses. Read more: http://www.corpcounsel.com/id=1202663468243/Firm-Urges-Small-Business-To-Stand-Up-To-Thwart-Trolls#ixzz37fkA5JyB

AmLaw Litigation Daily
01/28/2014
At (Long) Last, a Supreme Court Debut

There's a reason Donald Dunner is known as the dean of the patent bar. He's argued more than 160 cases at the U.S. Court of Appeals for the Federal Circuit-a record-and the Federal Circuit's chief judge has dubbed him a...

The AmLaw Litigation Daily
01/06/2015
O'Melveny Faces Sanctions Bid in Sirius XM Copyright Fight

Apparently, it isn't enough for the copyright plaintiffs suing Sirius XM Radio that they've gained the upper hand in the litigation, or that an early bid to buttress the company's defense by Sirius XM's newly hired lawyers at O'Melveny & Myers was a flop. This week the plaintiffs asked a judge to harshly sanction O'Melveny for its conduct, asserting that the firm used bogus arguments to mislead the court. Read more:...

The AmLaw Litigation Daily
05/11/2015
Judge's Mea Culpa Puts Microsoft Patent Case Back on Track

Patent law can be awfully complex. Just ask U.S. District Judge Marsha Pechman in Seattle, who had to backtrack from a decision tossing a patent infringement lawsuit against Microsoft Corp. on Friday after both sides suggested she used the wrong standard to dismiss the wrong claim. Read more: http://www.litigationdaily.com/id=1202726104168/Judges-Mea-Culpa-Puts-Microsoft-Patent-Case-Back-on-Track#ixzz3Zral1dVs

Corporate Counsel
12/01/2013
Beyond Books

A ruling giving the nod to Google Books may have big ramifications.

The AmLaw Litigation Daily
05/08/2015
Reduced to Rubble, Aereo Makes Peace with Broadcasters

More than three years after Aereo Inc. rattled the broadcast television industry with its subscription service for streaming and storing live TV, the company's titanic copyright battle with the nation’s major networks is finally over. On Thursday, U.S. Bankruptcy Judge Sean Lane in Manhattan approved a settlement in which Aereo will pay a combined $950,000 to CBS, ABC, Fox and other broadcasters to resolve a copyright suit that claimed at least $99 million in damages. Read more:...

AmLaw Litigation Daily
01/24/2014
DOJ, PTO Question Groups' Standing in Stem Cell Case

Government lawyers have weighed in on a case in front of the U.S. Court of Appeals for the Federal Circuit that could have repercussions for stem cell researchers and public interest groups challenging patent reexaminations.

Corporate Counsel
07/16/2015
In Patent Case, Fitness Co. Wants $2.8M in Attorney Fees

Octane Fitness, the small, Minnesota-based company that transformed the law governing the awarding of attorney fees in patent litigation, has asked a federal judge in the U.S. District Court for the District of Minnesota to award it more than $2.8 million in attorney fees and expenses. Read more: http://www.corpcounsel.com/id=1202732330969/In-Patent-Case-Fitness-Co-Wants-3628M-in-Attorney-Fees#ixzz3g5LBlagG

Corporate Counsel
07/14/2015
After a Dip, Patent Litigation Is On the Rise

Patent litigation, which only a few months ago appeared to be on the decline, is actually rising significantly. More than 3,000 patent lawsuits were filed in the first six months of 2015—the highest number of new district court cases on record and an increase of more than 11 percent compared to the first half of last year, according to statistics released Tuesday by Lex Machina. Read more: http://www.corpcounsel.com/id=1202732070747/After-a-Dip-Patent-Litigation-Is-On-the-Rise#ixzz3ftTI0Akz

Corporate Counsel
01/10/2014
Trade Secret Practices Are Taking Center Stage

With concern about espionage and theft of trade secrets mounting, companies are rapidly expanding their trade secret practices, evaluating trade secret programs and improving training programs, according to a report by the IP benchmarking firm ipPerformance Group.

Corporate Counsel
07/21/2015
Are Companies Prepared for Global IP Threats?

Companies are not prepared for overseas threats to their intellectual property, according to a new survey of chief IP counsel. More than half of those surveyed said the focus at their companies on global threats is inadequate. In addition, half indicated they did not believe their companies are sufficiently familiar with global patent laws. Read more: http://www.corpcounsel.com/id=1202732692609/Are-Companies-Prepared-for-Global-IP-Threats#ixzz3gYMWSCJR

The AmLaw Litigation Daily
03/29/2015
Latham Pulls off Triple Play for Volvo, Mallinckrodt

It was a good week for IP litigators at Latham & Watkins, who scored back-to-back appellate rulings for Mallinckrodt Pharmaceuticals and capped a patent victory for Volvo Car Corp. with a $1 million attorney fee award. Read more: http://www.litigationdaily.com/id=1202721982107/Latham-Pulls-off-Triple-Play-for-Volvo-Mallinckrodt#ixzz3VtH9VhKh

Corporate Counsel
11/14/2013
WikiLeaks Posts IP Section of Trans-Pacific Treaty Draft

WikiLeaks has published a leaked draft of the intellectual property chapter of the Trans-Pacific Partnership, revealing proposals that could change how copyrights and patents are handled throughout the Pacific Rim.

Corporate Counsel
01/09/2014
US Postal Service Rethinks Its IP Strategy

The U.S. Postal Service, which is in the unique position of being a government entity that is required to run like a business, has invented or contributed to the development of substantial intellectual property. But it risks losing its right, or the right of the public, to use certain technologies because it has no formal, organization-wide IP strategy, according to a recent report [PDF] by the USPS Inspector General. Read more:...

Corporate Counsel
01/12/2015
Justice Department to Intervene in Redskins Case

The U.S. Department of Justice will intervene in a high-profile trademark dispute concerning the team name of the Washington Redskins. Read more: http://www.corpcounsel.com/id=1202714596659/Justice-Department-to-Intervene-in-Redskins-Case#ixzz3OMqyjxsl

Corporate Counsel
08/04/2015
Big Patent Problems for Big Pharma and Biotech

Both domestically and abroad, the pharmaceutical and biotech sectors are feeling besieged on the IP front. Generic drug makers are challenging Big Pharma’s patents at the U.S. Patent and Trademark Office. So are hedge funds. Biotech patents also are under attack. And human rights groups are warning that the Trans-Pacific Partnership—a proposed trade deal between the U.S. and 11 other Pacific Rim countries—could end up favoring Big Pharma and make access to low-cost generic drugs in developing...

AmLaw Litigation Daily
01/06/2014
Google Ordered to Pay $16M More to Vringo

Google Inc. and four other companies have been ordered to pay $17.3 million in supplemental damages and interest to a subsidiary of the patent licensing company Vringo Inc. Read more: http://www.litigationdaily.com/id=1202636494548/Google-Ordered-to-Pay-%2416M-More-to-Vringo#ixzz2wS0w49ih

Corporate Counsel
08/31/2015
Survey: Companies Move to Big Law for IP Litigation

Corporate counsel are increasingly turning to Big Law for help with intellectual property litigation rather than to midtier firms and IP boutiques. And while they are increasingly engaging in alternative fee arrangements with their law firms for most work, they rarely do so for IP litigation, according to a recent report. Read more: http://www.corpcounsel.com/id=1202735966903/Survey-Companies-Move-to-Big-Law-for-IP-Litigation#ixzz3lLYoJJ6n

Corporate Counsel
07/23/2015
Rock Group's Legal Argument Falls on Deaf Ears

Attorneys for the founders of the 1960s rock group The Turtles have failed to stop a $210 million settlement between Sirius XM and major record companies from going forward. U.S. District Court Judge Philip Gutierrez on Wednesday denied a request by Flo & Eddie, the founders of The Turtles, to enjoin the satellite radio giant from paying the record labels until the settlement can be investigated further through discovery. Read more:...

AmLaw Litigation Daily
07/15/2013
McDermott Scores Appellate Win in Guggenheim Con Case

For the heirs of some uber-weathy clans, trading on the family name comes easy. It certainly seemed a natural fit for David B. Guggenheim, who began to appear on the dealmaking scene way back in the 1970s, using his name to woo investors. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202610975292&McDermott_Scores_Appellate_Win_in_Guggenheim_Con_Case#ixzz2Z9epi51W

Corporate Counsel
12/12/2013
Ex-Google IP Counsel Named to Key PTO Post

Former Google Inc. deputy general counsel Michelle Lee, who is currently the director of the United States Patent and Trademark Office's Silicon Valley satellite office, has been appointed Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the PTO.

Corporate Counsel
06/05/2015
New Data Shows Patent Litigation Filings Up in 2015

The number of patent lawsuits filed in U.S. district courts is not, despite claims to the contrary, on the decline. Patent case filings generally were higher in the first five months of 2015 than in the last eight months of 2014. They also were higher than in the comparable five months of 2014, according to data analyzed by legal analytics company Lex Machina at the request of CorpCounsel.com. Read more:...

Corporate Counsel
12/10/2013
China Dominates Global IP Filings

Worldwide intellectual property patent filings grew at their fastest pace in almost two decades in 2012, with China outpacing all other countries both for number of filings and rate of growth, according to a United Nations agency report.

Corporate Counsel
09/28/2015
Kyle Bass Wins a Procedural Victory in Battle Against Big Pharma

Hedge fund manager Kyle Bass has scored a tactical victory in his fight against the pharmaceutical industry. The Patent Trial and Appeal Board ruled Friday that Bass’s drug patent challenges, part of a short-selling strategy in which he profits by driving down stock prices, are not an abuse of the inter partes review process because “profit is at the heart of nearly every patent and nearly every inter partes review.” Read more:...

Corporate Counsel
06/27/2013
Books for the Blind Get International Treaty Win

It took more than a decade, but word is that an international copyright treaty for the blind has finally passed, removing copyright hurdles and giving visually impaired individuals around the world broader access to specially formatted books.

Corporate Counsel
10/30/2014
Expanding Overseas? Think (and Act) Local

Companies expanding globally face multiple challenges and risk of serious labor and employment issues if they do not identify the laws and regulations of each country in which they operate, a panel of lawyers said Wednesday at the Association of Corporate Counsel’s annual meeting. Read more: http://www.corpcounsel.com/id=1202675065862/Expanding-Overseas-Think-40and-Act41-Local#ixzz3Hjcv1IiK

Corporate Counsel
11/10/2015
The PTO Opens Another Office and Promises More Transparency

It’s been a busy few days at the U.S. Patent and Trademark Office. It opened its fourth regional office on Monday, fulfilling a provision of the America Invents Act of 2011 to establish offices in hubs of innovation across the country. And on Friday, PTO Director Michelle Lee outlined plans for establishing transparency in the the patent process. Read more: http://www.corpcounsel.com/id=1202742107269/The-PTO-Opens-Another-Office-and-Promises-More-Transparency#ixzz3rIlcvyoI

Corporate Counsel
12/06/2013
Donald Dunner On Patents and the Federal Circuit

Finnegan, Henderson, Farabow, Garrett & Dunner partner Donald Dunner has argued more cases before the U.S. Court of Appeals for the Federal Circuit than anyone and has strong views about the Federal Circuit's position as the exclusive appellate court for patent cases.

Corporate Counsel
01/14/2016
FTC Data Shows Major Drop in 'Pay-for-Delay' Deals

Pharmaceutical companies brokered fewer deals with generic competitors to delay sales of cheaper drugs in fiscal year 2014—the first full fiscal year after the U.S. Supreme Court ruled that such deals, known as “pay-for-delay” deals or “reverse payment settlements,” could potentially violate antitrust laws. Read more: http://www.corpcounsel.com/id=1202747117329/FTC-Data-Shows-Major-Drop-in-PayforDelay-Deals#ixzz3xFyR9z5A

AmLaw Litigation Daily
06/10/2013
Barnes & Noble Knocks Out Gift Card Patent Claims

A Marshall, Tx., jury concluded Friday that Barnes & Noble Inc. didn't infringe a patent owned by Alexsam Inc., a patent holding company that sued B&N and six other major retailers over their use of gift card technology. After a one-week trial before U.S. District Judge Michael Schneider and five hours of deliberation, the jury returned a unanimous 7-0 verdict of non-infringement. Alexsam was seeking $72 million in damages and a running royalty from Barnes & Noble, which was represented by...

Corporate Counsel
12/04/2013
Year-End Push for Anti-Patent Troll Legislation

With a vote on anti-patent troll legislation expected to take place in Congress this week, both supporters and opponents of the bill have been pulling out all the stops as the finish line approaches.

Corporate Counsel
08/07/2014
States fight Patent Trolls, Oppose Anti-Troll Bill

Congress may have killed off patent reform legislation this year, but almost one-third of the country’s 50 states have enacted their own legislation that could help companies combat patent trolls. And more are expected to follow suit. But a bill now being considered by Congress as a substitute for the Innovation Act, the broader patent reform legislation that was suddenly and unexpectedly killed in May, threatens to undermine those laws, some patent reform advocates say. Read more:...

Corporate Counsel
07/10/2014
Get a .gop Web Address, Even If You Don't Dig the GOP

In the expanding world of Internet domains—the characters that follow the period in a Web address—money talks almost as loudly as it does in politics. Read more: http://www.corpcounsel.com/id=1202662590247/Get-a-gop-Web-Address-Even-If-You-Dont-Dig-the-GOP#ixzz370WSUxOU

AmLaw Litigation Daily
06/03/2013
Google Gets Outside Help in Oracle Copyright Fight

As the titanic copyright battle between Oracle America Inc. and Google Inc. continues at the U.S. Court of Appeals for the Federal Circuit, Google is hoping for a shot in the arm from amicus briefs filed last week by a parade of computer scientists, law professors, and application developers.

AmLaw Litigation Daily
05/20/2013
Bartlit Beck Loses Bid to Nix Alexsam Patent on Appeal

A divided Federal Circuit panel affirmed an East Texas jury verdict upholding the validity of a patent owned by licensing company Alexsam Inc. that covers systems used to process prepaid phone and gift cards. But it reversed jury's finding that IDT Corporation had infringed the patent for one system, and affirmed the district court's ruling that there was no infringement on another.

The AmLaw Litigation Daily
09/17/2014
Acacia Unit Socked with Fees in Alcatel Patent Fight

Citing a recent U.S. Supreme Court decision on fee-shifting in patent lawsuits, a Delaware judge has ordered an Acacia Research Corp. subsidiary to cover legal bills racked up by Alcatel-Lucent USA Inc. in a 3-year-old case related to ethernet technology. Read more: http://www.litigationdaily.com/id=1202670410557/Acacia-Unit-Socked-with-Fees-in-Alcatel-Patent-Fight#ixzz3Di8abnwA

Corporate Counsel
11/18/2013
Garmin Seals Win in First Inter Partes Review Decision

The Patent Trial and Appeal Board has sided with Garmin International Inc. and invalidated three challenged claims in a patent held by Cuozzo Speed Technologies LLC, marking the first inter partes review decision to be issued since the new patent challenge proceeding was instituted under the America Invents Act.

Corporate Counsel
10/23/2014
Eli Lilly Says Canada Patent Ruling Violates NAFTA

Eli Lilly & Co., which has sued the government of Canada for $500 million, has filed a legal document with the international trade body that will decide the case, charging that Canada violated international law when it invalidated two of its key patents. Read more: http://www.corpcounsel.com/id=1202674271865/Eli-Lilly-Says-Canada-Patent-Ruling-Violates-NAFTA#ixzz3GucLqVLG

The Litigation Daily
07/31/2014
Patent Foes Square Off Over New Fee-Shifting Rules

It's been three months since the U.S. Supreme Court ruled on fee-shifting in patent infringement lawsuits. But battles over how to apply the new standards are just beginning, as two companies at the center of the high court's rulings illustrated this week. Read more: http://www.litigationdaily.com/id=1202665377026/Patent-Foes-Square-Off-Over-New-FeeShifting-Rules#ixzz395E7lIyi

Corporate Counsel
Eli Lilly Files $500M Pharma Patent Case Against Canada

Eli Lilly and Company has filed a $500 million investor-state case [PDF] against the Canadian government over invalidated patents, alleging that Canada has violated its obligations under the North America Free Trade Agreement by allowing its courts to invalidate patents for two of its drugs. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202619453633&Eli_Lilly_Files_500M_Pharma_Patent_Case_Against_Canada#ixzz2f5wRcs8d

Corporate Counsel
10/14/2013
IP Institutions Crippled by Government Shutdown

As the U.S. government shutdown enters its third week, the world of intellectual property continues to be crippled with delays and standstills—both in the U.S. and overseas. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202623450326&IP_Institutions_Crippled_by_Government_Shutdown#ixzz2hjUJC9dZ

The AmLaw Litigation Daily
01/13/2015
McKenna Long Can't Dodge Arbitration Over Patent Campaign

Representing a patent plaintiff called Eidos Partners earned McKenna Long & Aldridge more than $11 million in legal fees. But Eidos' patent campaign has so far mostly fizzled in the courts, and now a federal judge is refusing to let the firm off the hook in an arbitration stemming from an investment fund's loan of more than $20 million to fuel the litigation. Read more: http://www.litigationdaily.com/id=1202715106906/McKenna-Long-Cant-Dodge-Arbitration-Over-Patent-Campaign#ixzz3OpLw1LgK

The AmLaw Litigation Daily
01/14/2015
Vermont Keeps Case Against 'Patent Troll' MPHJ in State Court

After repeatedly failing to thwart a lawsuit brought by Vermont's attorney general, MPHJ Technology Investments suffered another setback this week when a federal judge remanded the AG's case to state court for the second time. Read more: http://www.litigationdaily.com/id=1202715215529/Vermont-Keeps-Case-Against-Patent-Troll-MPHJ-in-State-Court#ixzz3OuQEA23D

Corporate Counsel
09/05/2013
Using Humor to Fight Copyright Infringement Claim

Legal documents aren’t known for their wit or humor. Most legal writing, in fact, tends to be rather dry. But occasionally an attorney breaks the mold with such panache, the document begs to be shared. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202618025293&Using_Humor_to_Fight_Copyright_Infringement_Claim#ixzz2dxRdFUWE

The AmLaw Litigation Daily
10/21/2014
Tech Players Line Up Against ITC Power to Ban Digital Files

Congress gave the U.S. International Trade Commission the power to bar imports of products that infringe U.S. patents or otherwise offer their makers an unfair competitive edge. But should the ITC be able to block the flow of information as well? Read more: http://www.litigationdaily.com/id=1202674159665/Tech-Players-Line-Up-Against-ITC-Power-to-Ban-Digital-Files#ixzz3GpAEAloX

Corporate Counsel
02/20/2015
Is It Trademark Bullying or Savvy Brand Protection?

Red Bull GmbH, the well-known maker of energy drinks, goes after a Virginia craft brewery, alleging that its name and logo are likely to cause confusion. Electronics maker Nokia Oyj threatens to sue a small U.K. start-up over its use of the word “Here.” And Major League Baseball says the logo of a website run by a small finance company—a logo comprised of the letter “W” written in white block type inside a bright green box—is too similar to the logo of two professional baseball teams. Read...

The American Lawyer
10/07/2013
Import Ban Looms for Samsung in Apple Patent Fight

Samsung Electronics Co. is hoping the White House will veto an order that would bar the company from importing some of its smartphones and tablets. But observers say the company and its lawyers shouldn't hold their breath. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202622496506&Import_Ban_Looms_for_Samsung_in_Apple_Patent_Fight#ixzz2h6Fjq62K

AmLaw Litigation Daily
10/14/2013
After Myriad Ruling, Gene Patent Battles Rage On

Myriad Genetics lost its U.S. Supreme Court fight over the patentability of human genes. But the battle over Myriad's patents is far from over. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202623576200&After_Myriad_Ruling_Gene_Patent_Battles_Rage_On#ixzz2hp9PzLr3

Corporate Counsel
09/17/2013
Eli Lilly Files $500M Pharma Patent Case Against Canada

Eli Lilly and Company has filed a $500 million investor-state case against the Canadian government over invalidated patents, alleging that Canada has violated its obligations under the North America Free Trade Agreement by allowing its courts to invalidate patents for two of its drugs. Read more: http://www.corpcounsel.com/id=1202619453633/Eli-Lilly-Files-%24500M-Pharma-Patent-Case-Against-Canada#ixzz30UAkysUX

The AmLaw Litigation Daily / Law.com
08/04/2014
L'Etat C'est…An East Texas Patent Plaintiff?

A French government-sponsored patent assertion entity and its lawyers at McKool Smith have won a fight over their preferred U.S. battleground, persuading a judge to keep their patent infringement suit against HTC America Inc. and LG Electronics in the plaintiffs-friendly Eastern District of Texas. Read more: http://www.law.com/sites/articles/2014/08/04/letat-cest-an-east-texas-patent-plaintiff/#ixzz39WxM5ERn

Corporate Counsel
09/13/2013
Patent Lawyers Get The Daily Show Treatment

Patents have gone mainstream. Those official government documents that provide temporary legal monopolies, and which not long ago were of interest primarily to geeky inventors and specialized attorneys, are now so much in the public consciousness, they are being explained—and ridiculed—on Comedy Central’s news-satire program The Daily Show With Jon Stewart. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202619185530&Patent_Lawyers_Get_The_Daily_Show_Treatment#ixzz2engNATIn

Corporate Counsel
12/11/2014
Global IP Offices Report Increased Patent Activity

Global interest in protecting innovation clearly has not abated. A total of 2.1 million patent applications were filed in the world’s five largest patent offices in 2013, according to a statistical report published by those five offices. The 87-page “IP5 Statistics Report, 2013 Edition” was published jointly by the European Patent Office, the Japan Patent Office, the Korean Intellectual Property Office, the State Intellectual Property Office of the People's Republic of China and the U.S....

The AmLaw Litigation Daily
12/15/2014
Judge Slams O'Melveny in Sirius XM Copyright Brawl

Soon after swooping in to represent Sirius XM Radio Inc. in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly-cited precedent trumpeted by the firm had been overruled 60 years ago. Read more: http://www.litigationdaily.com/id=1202679160976/Judge-Slams-OMelveny-in-Sirius-XM-Copyright-Brawl#ixzz3M5IKykTR

Corporate Counsel
08/13/2013
Have a Coke and a Patent

The law was far from her thoughts when Nicole Morris was a child; her parents wanted her to be a doctor. That dream faded as she got older and realized she couldn't handle the sight of blood. Today Morris is managing patent counsel for one of the best-recognized brands in the world—The Coca-Cola Company. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202610547550&A_Long_and_Winding_Road_to_the_Real_Thing#ixzz2btBEJeog

Corporate Counsel
08/11/2015
New Report Digs Into Copyright Litigation Data

The legal analytics company that has worked to change the way attorneys approach patent litigation is hoping to do the same in the copyright world. Lex Machina, which grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page “Copyright Litigation Report,” developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key...

Corporate Counsel
08/07/2013
Amazon's Domain Name Troubles Threaten ICANN Program

A recommendation made last month by a committee from ICANN, the nonprofit organization that coordinates Internet domains, to reject Amazon.com Inc.’s application for the domain “.amazon” may end up undermining the largest-ever expansion of domains suffixes, which are also known as generic top-level domains (gTLDs). Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202614276487&Amazons_Domain_Name_Troubles_Threaten_ICANN_Program#ixzz2bJVW4htf

Corporate Counsel
01/12/2015
Big Blue, Not Apple, Not Google, Got the Most Patents

International Business Machines Corp. has done it again. In 2014, for the 22nd consecutive year, the technology giant topped the annual ranking of the largest recipients of U.S. patents issued by the Patent and Trademark Office. Read more: http://www.corpcounsel.com/id=1202714727838/Big-Blue-Not-Apple-Not-Google-Got-the-Most-Patents#ixzz3OdTVb1gA

Corporate Counsel
07/19/2013
50 U.S. Businesses Call for Anti-'Patent Troll' Action

Despite unprecedented interest in so-called “patent trolls” coming from the public, Congress, and the White House, intellectual property lawyers have privately expressed great skepticism that anything will be done to curb the activities of these companies that exist primarily to buy up patents and assert them. But anti-troll momentum continues to grow. On Wednesday, a letter [PDF] signed by 50 disparate organizations—including the American Bankers Association, the Motion Picture Association...

Corporate Counsel
06/13/2013
Patent Board's SAP Ruling is First Under New AIA Rules

In the first ruling of its kind since the America Invents Act established a new system for reviewing patents, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) ruled Tuesday that a key patent used in a case brought by Versata Inc. against SAP America Inc. is too abstract and therefore invalid [PDF].

Corporate Counsel
08/08/2014
Surprise! Patent Approval Rate Lower Than You Think

Critics of the U.S. Patent and Trademark Office have long complained that examiners are too lax and issue too many low-quality patents, with some claiming that more than 95 percent of patent applications are eventually approved. Now, a professor and two PTO economists have conducted a study, titled “What is the Probability of Receiving a U.S. Patent?,” finding that only 55.8 percent of the 2.15 million patent applications filed at the PTO between 1996 and 2005 were ultimately issued as...

Corporate Counsel
08/01/2013
IP Counsel Facing 'Patent Troll' Litigation Crisis

Nearly three quarters of the chief IP counsel polled for Consero Group's “2013 Chief IP Counsel Data Survey” said they are either currently in litigation with a “patent troll” or anticipate they will be in the next 12 months. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202613398207&IP_Counsel_Facing_Patent_Troll_Litigation_Crisis#ixzz2alyIgWNo

Corporate Counsel
09/09/2014
Pharma Sector Takes a Dose of Post-Grant Patent Review

In the world of intellectual property, it’s no secret that the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) has, over the past two years, completely transformed patent litigation with its post-grant proceedings. But pharmaceutical companies generally have been slow to avail themselves of this these tools—until now. Read more: http://www.corpcounsel.com/id=1202669401978/Pharma-Sector-Takes-a-Dose-of-PostGrant-Patent-Review#ixzz3CqUC8SLi

The Amlaw Litigation Daily
10/27/2014
Banking Behemoth Blasts Finance Patents at PTO, CAFC

Wall Street may not be as vulnerable to patent infringement lawsuits as Silicon Valley or the pharmaceuticals industry. But the gap is narrowing—and major banks are collaborating in an effort to keep accused patent trolls at bay. Read more: http://www.litigationdaily.com/id=1202674761023/Banking-Behemoth-Blasts-Finance-Patents-at-PTO-CAFC#ixzz3HjfzEoay

Corporate Counsel
08/01/2013
Ottawa, We Have a Problem

In the eyes of the United States, Canada has a drug problem. Granted, this isn't an illegal narcotics or drug cartel problem. But in the world of international trade, the problem is pretty bad. In fact, it's serious enough to land Canada on the "Watch List" in the U.S. Trade Representative's "Special 301 Report"—a report released annually that evaluates the intellectual property rights protection and enforcement of the United States's trading partners. So how exactly did Canada end up on this...

Corporate Counsel
05/20/2014
IP Lawyers Blogging Patent Trial and Appeal Board

It was only a matter of time before lawyers focusing on the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board—the nation’s third most active patent litigation forum—staked out a corner of the blogosphere. Read more: http://www.corpcounsel.com/id=1202656033506/IP-Lawyers-Blogging-Patent-Trial-and-Appeal-Board#ixzz32HpKvyI6

Corporate Counsel
08/01/2013
Ottawa, We Have a Problem

In the eyes of the United States, Canada has a drug problem. Granted, this isn't an illegal narcotics or drug cartel problem. But in the world of international trade, the problem is pretty bad. In fact, it's serious enough to...

Corporate Counsel
06/18/2014
PTO Sacks Washington Redskins Trademarks

The U.S. Patent and Trademark Office has canceled the federal trademark registrations for the name of the National Football League’s Washington Redskins, ruling that “a substantial composite of Native Americans found the term Redskins to be disparaging.” Read more: http://www.corpcounsel.com/id=1202659837292/PTO-Sacks-Washington-Redskins-Trademarks#ixzz351RCkfKD

Corporate Counsel
07/31/2013
Chasing the Myth of the First U.S. Patent

Our IP reporter happened to stumble across the Vermont town where the very first U.S. patent was issued to Samuel Hopkins. But is Hopkins's story history or mythology?

The Amlaw Litigation Daily
11/09/2014
Vermont AG Weighs FTC Deal as Fight with 'Troll' Continutes

Last year Vermont Attorney General William Sorrell became the first lawmaker to sue a so-called patent troll for threatening businesses with allegedly bogus patent infringement claims. In an interview on Friday, Sorrell said he welcomed news that his state's chosen target, MPHJ Technology Investments, has made a deal with the U.S. Federal Trade Commission to cease precisely those activities. But he said the FTC's settlement could have been tougher. Read more:...

Corporate Counsel
07/18/2013
10 Big-Money IP Verdicts in Trade Secret Litigation

Trade secrets, which in the world of intellectual property often take a back seat to patents, copyrights, and trademarks, have of late gained a prominent and important spot in global discussions of IP. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202611244958&10_BigMoney_IP_Verdicts_in_Trade_Secret_Litigation#ixzz2ZLJZO0rD

Corporate Counsel
04/03/2015
Lex Machina Adds Tools for Copyright and Trademarks

Lex Machina, the legal analytics company that is changing the way many patent attorneys approach their cases, has launched a new platform that will for the first time give trademark and copyright attorneys the same tools that have benefited patent lawyers. Read more: http://www.corpcounsel.com/id=1202722462476/Lex-Machina-Adds-Tools-for-Copyright-and-Trademarks#ixzz3WBwDLYvw

Corporate Counsel
09/16/2013
Senators Leahy and Lee Call for Anti-Troll Patent Reform

Senator Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee and co-author of the sweeping 2011 patent reform law known as the Leahy-Smith America Invents Act, said in an opinion piece published by Politico Sunday that abuse of the patent system by so-called “patent trolls” is causing a drag on the U.S. economy and is making further reform necessary. Read more:...

Corporate Counsel
03/05/2013
India Patent Ruling on Cancer Drug a Blow to Bayer AG

Big Pharma was dealt a heavy blow in the battle over compulsory licensing Monday, when India’s patent appeals board ruled that a domestic generic drug maker could continue to make and sell a low-priced copy of Nexavar, a cancer medication patented by Bayer AG. It was the first time the Indian patent authority confirmed that the use of compulsory licensing in India was legal.

Corporate Counsel
02/08/2013
Jim Chosy Returns to U.S. Bancorp Legal Dept., This Time as GC

U.S. Bancorp is counting on Jim Chosy to manage its legal affairs—again. Chosy, who was general counsel and secretary of investment bank Piper Jaffray Companies, has returned to Minneapolis-based U.S. Bancorp to serve as its new executive vice president and general counsel. Chosy previously worked for U.S. Bancorp as associate general counsel from 1995 until 2001.

Corporate Counsel
06/13/2014
Giving Away Patents, Tesla Founder Offers IP Critique

Tesla Motors Inc. said Thursday it will make its patented technology freely available to other automakers, part of an effort to encourage further innovation in the electric car market. Read more: http://www.corpcounsel.com/id=1202659171053/Giving-Away-Patents-Tesla-Founder-Offers-IP-Critique#ixzz34TnDofM0

The AmLaw Litigation Daily
03/05/2013
Federal Circuit Revives Suit over Real Estate Mapping Patent

The U.S. Court of Appeals for the Federal Circuit has weighed in once again on the elements required for patent holders to prove induced infringement, this time in a fight over online mapping technology for real estate hunters.

Corporate Counsel
03/25/2013
Next Moves for IP Law After SCOTUS First-Sale Ruling

The U.S. Supreme Court’s Kirtsaeng v. John Wiley & Sons ruling that a legally obtained copyrighted work can be imported into the U.S. and resold without permission from the copyright owner, even if it was manufactured and sold overseas, will have broad legal ramifications going forward, intellectual property attorneys say.

AmLaw Litigation Daily
06/17/2013
Ruling on Split Trials Could Hurt Patent Plaintiffs

A ruling Friday in a clash over windshield wipers may lead to more bifurcated trials in intellectual property cases—and it could spell trouble for patent plaintiffs. But the decision by the U.S. Court of Appeals for the Federal Circuit is good news for blade maker Pylon Manufacturing, which won a chance to challenge a jury's patent infringement finding before heading to trial on damages.

The AmLaw Litigation Daily
02/04/2013
Huawei Loses Bid to Bounce InterDigital Case at ITC

Huawei Technologies failed to convince the International Trade Commission to delay investigating a complaint filed by InterDigital Inc. regarding standard essential patents, arguing that it should first let a parallel case be heard in U.S. District Court in Delaware.

AmLaw Litigation Daily
07/16/2013
Networks Stymied Again in Aereo Copyright Fight

The full U.S. Court of Appeals for the Second Circuit on Tuesday refused to reconsider an April ruling for upstart TV streaming company Aereo Inc. in its closely-watched copyright battle with the broadcast television industry. At least one broadcaster immediately vowed to continue the fight as far as the U.S. Supreme Court. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202611161053&Networks_Stymied_Again_in_Aereo_Copyright_Fight#ixzz2ZFUiJELQ

The American Lawyer Magazine
01/05/2015
A Bad Precedent Trips Up O'Melveny in a Big IP Case

After a string of courtroom losses in copyright litigation over pre-1972 musical recordings, Sirius XM Radio Inc. hoped a fresh sound and a new front man would give it a hit. Instead, the new release bombed. Read more: http://www.americanlawyer.com/id=1202713086677/A-Bad-Precedent-Trips-Up-OMelveny-in-a-Big-IP-Case#ixzz3PUN6mTgj

Corporate Counsel
08/08/2013
China Ups Ante for Pharma by Zapping AIDS Drug Patent

Big Pharma thought India was a problem when it comes to drug patents, but now it looks like China may become the industry’s next big patent headache. China’s State Intellectual Property Office (SIPO) has revoked the patent on Gilead Sciences Inc.’s drug Viread (tenofovir), used to treat HIV/AIDS and hepatitis B, meaning any drug maker will be able to produce the drug in that country. Read more:...

Corporate Counsel
03/01/2013
USPTO Forum Offers Fixes for Software Patent System

It’s no secret that the U.S. patent system has come under attack lately, so the United States Patent and Trademark Office is going to the public to figure out what the agency can do to fix it.

AmLaw Litigation Daily
08/12/2013
Liquor Companies Sprint to Victory in ITC Test Case

The U.S. International Commission has upheld a decision to reject a so-called patent troll's infringement complaint against more than a dozen companies, knocking out the first case heard under new rules designed to streamline ITC litigation. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202615210358&Liquor_Companies_Sprint_to_Victory_in_ITC_Test_Case#ixzz2bocc8YfF

Corporate Counsel
10/22/2014
2014 Patent Litigation Survey

In 2013, the number of patent litigation lawsuits filed in U.S. district court rose yet again, demonstrating that companies will do whatever it takes to protect their intellectual property. And nonpracticing entities, commonly referred to as patent trolls, played a hefty hand in that increase. Read more: http://www.corpcounsel.com/id=1202673804738/2014-Patent-Litigation-Survey#ixzz3GuPvPY3r

Corporate Counsel
05/31/2013
IP Theft Offers Over-the-Top Solutions

It’s a fairly well-accepted fact that theft of intellectual property in the U.S. is a big problem. So it isn’t very surprising that a report [PDF] released last week by the Commission on the Theft of American Intellectual Property—a U.S. advisory group—estimates annual losses resulting from such theft total more than $300 billion a year.

AmLaw Litigation Daily
01/16/2013
East Texas Reclaims Lead from Delaware for New Patent Filings

The Eastern District of Texas, which in 2011 appeared to be losing its lustre as the preferred U.S. district court venue for patent suits, regained its prominence in 2012, usurping the District of Delaware for the No. 1 spot, according to a new analysis by Perkins Coie partner James Pistorino.

Corporate Counsel
10/18/2013
After Patent Ruling, Quest Brings Cancer Tests to Market

Less than one week after Quest Diagnostics Inc. moved to preempt charges that it is infringing patents held by Myriad Genetics Inc., the company has begun selling a test for two cancer-detecting genes. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202624065930&After_Patent_Ruling_Quest_Brings_Cancer_Tests_to_Market#ixzz2i2sSwQMj

Corporate Counsel
03/19/2013
Bayer Sues in U.S. to Stop India Generic Drug Co.

A subsidiary of Bayer AG, the Germany-based pharmaceutical company, has filed suit [PDF] in federal court in Wilmington, Delaware, against Glenmark Generics, an international generic drug manufacturer, seeking to stop the Mumbai-based company from selling a generic form of a medication used to treat a skin disorder.

AmLaw Litigation Daily & Corporate Counsel
10/02/2012
Advocacy Groups Making IP Litigation Waves

Public interest groups, known for advocating for human rights and civil liberties, are now playing an increasingly important role in the world of intellectual property law.

The AmLaw Litigation Daily
02/09/2015
Sprint Evens Score (and Then Some) in Comcast IP Fight

Amid an ongoing patent war between Sprint Corp. and Comcast Corp., a Delaware jury awarded Sprint $27.6 million on Friday after finding Comcast infringed its patents related to fiber optic data delivery. Read more: http://www.litigationdaily.com/id=1202717463131/Sprint-Evens-Score-and-Then-Some-in-Comcast-IP-Fight#ixzz3RMIetbWx

The AmLaw Litigation Daily
02/11/2013
Kelley Drye Scores for Ralph Lauren in Polo IP War

Ralph Lauren's famous Polo horseman logo has been gracing the company's products for at least four decades. And thanks to a similar mark owned by the U.S. Polo Association, litigation over the iconic image has been clogging the courts for nearly as long.

Corporate Counsel
05/02/13
Schumer Bill Aims to Stop Patent Trolls

U.S. Senator Charles Schumer (D-New York) will be introducing legislation next week that could stop many patent suits from proceeding in court. Schumer’s bill, which will be introduced after Congress resumes work on Monday, would expand a provision Schumer and Senator Jon Kyl (R-Arizona) added to the 2011 patent reform legislation known as the America Invents Act. That provision instituted a program that allowed companies in the financial services industry to challenge business-method...

Corporate Counsel
07/10/2013
ITC Brings 'Domestic Industry' to Patent Case

In a closely watched case, the International Trade Commission has ruled that a complainant failed to show that it has a domestic industry in need of patent protection—the first such ruling coming under a new ITC program in which the agency has pledged to resolve key issues earlier in patent investigations. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202610110685&ITC_Brings_Domestic_Industry_Issue_to_Patent_Case#ixzz2Yaay69Yt:

Corporate Counsel
02/01/2013
Trolls, Smartphones, and Red Heels

Intellectual property kept its place in the public spotlight in 2012, with patent trolls running rampant and smartphone wars that seemed to never end. These big stories, with their technology-based patents in dispute, naturally dominated the headlines. But battles over gadgets weren't the only actions in court. Companies skirmished over biomedical and life sciences patents, too. And other court battles featured copyrights and the definition of what constitutes "fair use" in an age of...

AmLaw Litigation Daily
07/01/2013
Alexsam Loses Another Gift Card Patent Battle

For the second time in a month, patent licensing company Alexsam Inc. failed to convince a jury that a major retailer had infringed its patents for prepaid gift cards--this time striking out in a $34.5 million suit against Gap Inc. Read more: http://www.americanlawyer.com/digestTAL.jsp?id=1202609264625&Alexsam_Loses_Another_Gift_Card_Patent_Battle#ixzz2XudLLoYj

Corporate Counsel
05/09/2013
CopyTele is a 'Patent Troll'--With No Apologies

Robert Berman makes no bones about it: the company he runs, CopyTele Inc., is a patent monetization and patent assertion entity. In colloquial parlance, that means it’s a “patent troll.” Read more: http://www.corpcounsel.com/id=1202599264411/CopyTele-is-a-Patent-TrollWith-No-Apologies&back=TAL08#ixzz37YdqRD2B

Corporate Counsel
09/19/2014
In Patent Law, SCOTUS Wants Federal Circuit to Grow Up

The repeated rebukes and reversals the U.S. Supreme has directed at the Court of Appeals for the Federal Circuit seem like an attempt to prod the nation’s top patent court to grow up. But it is still unclear whether the Federal Circuit is ready to relinquish its role as the judiciary’s “enfant terrible,” according to a law professor at the University of California Hastings College of the Law. Read more:...

Corporate Counsel
10/17/2012
U.S. Museums Concerned About Unartful Impact of SCOTUS Copyright Case

The U.S. Supreme Court will hear a copyright case later this month that could have serious unintended consequences for the nation’s art museums: If a decision by the Second Circuit Court of Appeals is upheld, every museum in the U.S. that exhibits modern art created overseas could potentially be infringing copyright.

Corporate Counsel
01/15/2013
Design Patent Suits Becoming Less Prevalent in U.S. Courts

Patent lawsuits that focus on design patents had become increasingly popular in multiple jurisidctions and industries in recent years. But the number of design patent suits filed in 2012 appears to have dropped precipitously in popular court venues, according to a new analysis.

Corporate Counsel
11/06/2012
Supreme Court Copyright Case Could Change Nature of Ownership

The Owners Rights Initiative hopes to educate members of Congress about how changes to copyright law after Wiley v. Kirtsaeng might affect them. "When you have a situation where there is lack of clarity in the law, the most likely outcome is that the issue will fall into Congress’s lap," said Andrew Shore, executive director of ORI.

Corporate Counsel
04/03/2013
Novartis Defeat Revives Debate Over Patents

When India's Supreme Court ruled this week that Novartis AG's cancer drug Gleevec was not sufficiently innovative to merit a patent, public health advocates lauded the decision, which they said would give more people access to needed drugs, and Big Pharma condemned it, saying it would stifle innovation. The court's decision, however, was not about encouraging innovation or access. It revolved around a practice the pharmaceutical industry refers to as "life-cycle management" and which public...

Corporate Counsel
05/29/2014
No Amazon.com Can't Have the .amazon Domain

Amazon.com Inc. has discovered it really is a jungle out there -- at least when it comes to intellectual property. The e-commerce site has officially lost its bid for the top-level domain ".amazon."

Corporate Counsel
01/10/2013
IBM Received Record Patent Grants in 2012

International Business Machines Corporation received a record number of U.S. utility patents in 2012, which made IBM the No. 1 patent recipient for the 20th consecutive year.

Corporate Counsel
07/01/2013
Newegg Fights Bad Patents With Anti-Troll T-shirt

Online tech store Newegg.com, which has become something of a patent troll fighter extraordinaire, is selling anti-troll T-shirts to raise money to help fight bad patents.

Corporate Counsel
04/18/2013
TV Broadcasters Petition for En Banc Review of Aereo Ruling

Major New York broadcasters eager to shut down streaming television service Aereo have petitioned [PDF] the Second Circuit Court of Appeals for an en banc review of a ruling that upheld a lower court decision denying an injunction against the broadcasting startup.

Corporate Counsel
01/01/2013
Sound and Fury That May Signify Nothing

There's been a lot of sound and fury over two lawsuits alleging copyright infringement filed by the owner of the literary rights to William Faulkner's works. Faulkner Literary Rights LLC filed one suit against Sony Picture Classics and another against Northrop Grumman Corporation and the Washington Post Company in federal district court in Mississippi. In the first suit, it said that Woody Allen's film Midnight in Paris used a quote from a Faulkner novel without permission. The other suit...

Corporate Counsel
03/12/2013
Over There

Tech companies are shipping their IP overseas to get a tax break. The IRS wants to change that.

Corporate Counsel
01/01/2013
Sound and Fury That May Signify Nothing

Does Woody Allen's imperfect quote of Faulkner breach copyright law? Read more: http://www.corpcounsel.com/id=1202580944868/Sound-and-Fury-That-May-Signify-Nothing#ixzz32CuDClS6

Corporate Counsel
10/15/2012
India Patent Authority Has Big Pharma Worried

When the government of India revoked U.S. drug maker Pfizer Inc.’s local patent for its cancer drug Sutent last week, it marked yet another loss for Big Pharma in an escalating patent war between multinational pharmaceutical companies and the governments of developing nations.

Corporate Counsel
07/14/2014
IP Lawyers Group Exec Director Resigns, Headed to PTO?

Q. Todd Dickinson, executive director of the American Intellectual Property Lawyers Association (AIPLA), has stepped down from his position, effective immediately, fueling speculation that he will be tapped for a position by President Barack Obama. Read more: http://www.corpcounsel.com/id=1202663124577/IP-Lawyers-Group-Exec-Director-Resigns-Headed-to-PTO#ixzz37TEddfbd

Corporate Counsel
08/11/2014
Cigarettes Trademarks and Plain-Packaging Laws

New Zealand may become one of the next countries to adopt a plain-packaging law, which would require that cigarettes and other tobacco products be sold without any branding or distinctive trademarks. Read more: http://www.corpcounsel.com/id=1202666417189/Cigarettes-Trademarks-and-PlainPackaging-Laws#ixzz3A7mmCkMJ

Corporate Counsel
09/25/2012
PTO Adds Crowdsourcing Tool to Patent Application Process

Applying for a new patent? Take note: The public is watching. The Patent and Trademark Office has teamed up with Stack Exchange, a popular Q&A website for IT professionals and experts in a variety of areas, to make it easy for technology buffs, software geeks, and others with specialized knowledge to check out any new application and question whether it really deserves a patent.

The AmLaw Litigation Daily
12/08/2014
CBS Deal Ends Blackout, Litigation Risk for Dish

After failing for two years to neutralize Dish Network's ad-skipping AutoHop feature in the courts, CBS Corp. finally made peace with the satellite television provider over the weekend. The companies' deal—which ended a blackout of CBS programming that had affected Dish subscribers in 18 major markets—will end the litigation, and keep the ads flowing. Read more: http://www.litigationdaily.com/id=1202678430969/CBS-Deal-Ends-Blackout-Litigation-Risk-for-Dish#ixzz3LPrjusz2

Corporate Counsel
09/24/2012
Swiss Railway Says Apple Copied Clock Design for iOS 6 App

One month after Apple Inc. took Samsung Electronics Co. to court for infringing its designs, Apple is now accused of appropriating the look of the Swiss Federal Railway’s iconic clock for use in the iPad’s default clock app in the newly launched iOS 6 operating system.

Amlaw Litigation Daily
05/12/2014
ITC Retreat Prompts War of Words in VoIP Patent Fight

Accusations of misconduct and gamesmanship are flying fast in a battle at the U.S. International Trade Commission that pits Straight Path IP Group, a self-described patent monetization company, against major electronics companies whose devices stream content from Google Inc. and Netflix. Read more: http://www.litigationdaily.com/id=1202655027720/ITC-Retreat-Prompts-War-of-Words-in-VoIP-Patent-Fight#ixzz31c5JQzqO

Corporate Counsel
10/02/2013
Judge Wood Proposes Changing Jurisdiction for Patent Cases

Judge Diane Wood, who on Tuesday became chief judge of the U.S. Court of Appeals for the Seventh Circuit in Chicago, proposed in a speech last week that the U.S. abolish the Federal Circuit’s exclusive jurisdiction in patent cases. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202621813096&Judge_Wood_Proposes_Changing_Jurisdiction_for_Patent_Cases#ixzz2gawlKQHQ

The Amlaw Litigation Daily
10/26/2014
McGraw Hill Corporate Spying Case Heads to Second Circuit

Does allegedly spying on a competitor's wares to help sell your own products count as corporate espionage or legitimate market research? That was one of the questions at the heart of a 5-year-old legal battle between subsidiaries of McGraw Hill Financial Inc. and Reed Elsevier plc. The answer, as you might expect, is that it depends. Read more: http://www.litigationdaily.com/id=1202674643256/McGraw-Hill-Corporate-Spying-Case-Heads-to-Second-Circuit#ixzz3HjehV8UR

Corporate Counsel
02/28/2013
Revamped SHIELD Act Again Seeks to Thwart 'Patent Trolls'

Two U.S. Congressmen are once again taking on so-called “patent trolls” with the reintroduction of the SHIELD Act, a bill that would force non-practicing entities (NPEs) that sue for patent infringement to pay the defendant’s legal costs if they lose their lawsuit.

Corporate Counsel
12/10/2014
Tech Sector Coming Around to IP Arbitration

Major technology companies, anxious to protect their intellectual property, have generally chosen litigation over arbitration—even in cross-border disputes. But that may be changing. Increasingly, computer, software and other tech companies are exploring arbitration as an alternative to litigation, especially in international disputes, lawyers say. Read more: http://www.corpcounsel.com/id=1202678563263/Tech-Sector-Coming-Around-to-IP-Arbitration#ixzz3LWBrEhDf

Corporate Counsel
04/16/2015
Have Tech Patent Questions? Counsel Can Click for Answers

With all the changes in U.S. patent law that have taken place in recent years, it’s not surprising that executives in high-tech industries can get confused and even overwhelmed. But now, company lawyers and managers can turn to an e-book for answers to many of their questions. Read more: http://www.corpcounsel.com/id=1202723568145/Have-Tech-Patent-Questions-Counsel-Can-Click-for-Answers#ixzz3XPlPCtn0

Corpoarte Counsel
09/14/2012
Retiring Eli Lilly GC Worked to Transform the IP Landscape

When Robert Armitage retires from his post as general counsel of Eli Lilly and Company at the end of the year, he will be leaving his mark not just on the company but also on the laws governing intellectual property in the United States.

Corporate Counsel
05/17/2013
3-D Printing: The Next Big Thing in IP Law?

Back in February, President Barack Obama indicated in his State of the Union address that 3-D printing may be the next big thing in manufacturing. What he didn’t say is that 3-D printing may also be the next big thing in intellectual property disputes.

Corporate Counsel
05/28/2015
Ford Opens Electric Car Patents for Auto Industry R&D

No one at Ford Motor Co. has gone so far as to say patents stifle innovation, but one year after electric carmaker Tesla Motors Co. said it would allow other companies to use its patents for free, Ford announced it also will allow rival automakers to access its electrified vehicle patents, although for a fee. Read more: http://www.corpcounsel.com/id=1202727664447/Ford-Opens-Electric-Car-Patents-for-Auto-Industry-R38D#ixzz3bSxVcqus

The AmLaw Litigation Daily
09/10/2014
MPHJ Files New Suit Challenging Vermont Antitroll Law

The accused patent troll MPHJ Technology Investments is trying a different tack in its battle with Vermont Attorney General William Sorrell, bringing a new federal lawsuit to block the AG from pursuing state consumer protection claims against the company. Read more: http://www.litigationdaily.com/id=1202669641475/MPHJ-Files-New-Suit-Challenging-Vermont-Antitroll-Law#ixzz3D1Gdaxx8

Corporate Counsel
06/05/2013
White House Takes on 'Patent Trolls'

Intellectual property attorneys were buzzing Tuesday after the White House announced it was actively taking on the problem of patent assertion entities, or “patent trolls,” both through legislative proposals and executive action.

Corporate Counsel
12/05/2014
Secret PTO Program Delays Patent Approvals

The U.S. Patent and Trademark Office is operating a secret program that attorneys say delays the issuance of patents the PTO deems controversial or inconvenient. References to the Sensitive Application Warning System (SAWS) have popped up from time to time in anecdotal accounts and PTO memos, but the program itself is not described in the PTO’s published rules of operation. Now, however, SAWS is coming under scrutiny, with allegations that it is stifling innovation, discriminating against...

Corporate Counsel
09/04/2012
Will Apple Attack Google Directly in Anti-Android Campaign?

In the wake of Apple Inc.’s recent $1 billion patent-trial victory over Samsung Electronics, Google Inc. distanced itself from the verdict with a statement stressing that most of the patent claims in that case “don’t relate to the core Android operating system” it created to power mobile devices. But does that mean Google won’t be Apple’s next target?

AmLaw Litigation Daily
06/09/2014
ITC Stays Case Involving Digital Data

In a case involving emerging technology, the U.S. International Trade Commission last week took the rare move of staying an order order it issued in April against a company that was found to infringe a competitor’s patents on a teeth-straightening technique, saying it would wait for an appellate ruling. Read more: http://www.litigationdaily.com/id=1202658715690/ITC-Stays-Case-Involving-Digital-Data-#ixzz34F0yhiap

Corporate Counsel
08/06/2012
Congress Takes Aim at 'Patent Trolls' With SHIELD Act

Representative Peter DeFazio (D-Oregon) was only vaguely aware of the so-called "patent troll" issue plaguing small technology companies until he visited software firms in his district about a year ago. It was then that he heard stories about outrageous patent lawsuits threatening the viability of the firms, he said.

The Amlaw Litigation Daily
11/10/2014
High Court Rejects Enfamil Baby Formula Brain Damage Case

A case alleging that the maker of Enfamil infant formula is liable for causing an infant's brain damage will proceed in district court after the U.S. Supreme Court on Monday denied the company's petition for writ of certiorari. Read more: http://www.litigationdaily.com/id=1202676059167/High-Court-Rejects-Enfamil-Baby-Formula-Brain-Damage-Case#ixzz3ImADfhKU

Corporate Counsel
10/07/2014
Goodwin NPE Guide Offers Patent Litigation Tactics

Despite legislative, judicial and executive moves designed to curb abusive patent troll litigation, lawsuits brought by nonpracticing entities are still going strong—enough so to prompt Goodwin Proctor to publish a guidebook for companies facing NPE litigation. Read more: http://www.corpcounsel.com/id=1202672599342/Goodwin-NPE-Guide-Offers-Patent-Litigation-Tactics#ixzz3FTZGL97l

The AmLaw Litigation Daily
09/02/2014
Marvel Settlement Leaves Copyright Questions Hanging

No superheroes emerged from the five-year battle between Marvel Entertainment and the heirs of comic book artist Jack Kirby, which fizzled with a settlement before the U.S. Supreme Court was due to consider the case this week. But the copyright adventure is likely to continue. Read more: http://www.litigationdaily.com/id=1202671886001/Marvel-Settlement-Leaves-Copyright-Questions-Hanging#ixzz3EvKfyer5

Corporate Counsel
02/26/2013
Controversial Copyright Alert System to Combat Online Piracy

A controversial program designed to thwart individuals who download copyright-protected material via the Internet was launched today by the film, television, and music industries—their latest effort to combat online piracy.

The AmLaw Litigation Daily
03/08/2015
Judge Casts Skeptical Eye on Intellectual Ventures Verdict

In one of the year's first notable IP verdicts, a Delaware federal jury concluded last month that Symantec Corp. must pay $17 million to the patent licensing giant Intellectual Ventures for infringing two software technology patents. Not chump change, sure, but the award was considerably less then the $299 million Intellectual Ventures and its lawyers at Susman Godfrey originally sought. Read more:...

Corporate Counsel
10/16/2014
Financial Sector Advocates for Better Patent Quality

A banking industry association has created an advocacy program focused on improving patent quality in the financial services industry, a move that signifies the growing importance of patents and technology in the finance sector. Read more: http://www.corpcounsel.com/id=1202673427199/Financial-Sector-Advocates-for-Better-Patent-Quality#ixzz3GFZ0t1fs

Corporate Counsel
12/20/2012
Cuban and Persson Donate $500K to Fight 'Stupid Patents'

Entrepreneur Mark Cuban and Markus “Notch” Persson, the developer of the popular videogame Minecraft, announced Wednesday they are donating a combined total of $500,000 to the Electronic Frontier Foundation to help protect innovation and reform the system for software patents. And they’re backing up the money with a dose of sharp humor.

The AmLaw Litigation Daily
10/14/2014
Patent Battle over Teva's Copaxone Heads to High Court

It may not be looking like a blockbuster term for patent cases at the U.S. Supreme Court, but the IP bar will be watching closely Wednesday when the justices hear Teva Pharmaceuticals v. Sandoz. The case could set a precedent requiring the U.S. Court of Appeals for the Federal Circuit to defer to district court claim construction rulings—a move that would shift power from the Federal Circuit and could make it more difficult for lawyers to get patent decisions reversed on appeal. Read more:...

Corporate Counsel
09/23/2013
Vermont Town Corrects History of First U.S. Patent

The sign is coming down. A historical marker that has sat in the village green of Pittsford, Vermont, since 1956 proclaiming the bucolic New England town home to the recipient of the first patent ever issued in the United States, will be removed by state officials sometime this year. For decades, Vermont residents believed that Samuel Hopkins, who in 1790 was granted the nation’s first patent, lived in Pittsford. Even when evidence was presented to show this to be untrue, citizens of...

Corporate Counsel
04/30/2015
Patent Reform Revived in Bipartisan PATENT Act

A group of influential U.S. Senators introduced new bipartisan patent reform legislation Wednesday that aims to rein in so-called patent trolls—a move that signals the patent reform debate which stalled in Congress last year is now likely to move quickly. Read more: http://www.corpcounsel.com/id=1202724935980/Patent-Reform-Revived-in-Bipartisan-PATENT-Act#ixzz3YjoRtbCP

Corporate Counsel
12/10/2015
Harvard Study Says That Financial Services Patents Are Low Quality, Attract Lawsuits

A new study by a Harvard Business School professor has found that financial services patents are more likely to be of low quality and are subject to more litigation than other patent groups. Read more: http://www.corpcounsel.com/id=1202744546273/Harvard-Study-Says-That-Financial-Services-Patents-Are-Low-Quality-Attract-Lawsuits#ixzz3txMCbjLn

AmLaw Litigation Daily
07/22/2013
Another State Catches Patent Troll Fever

Last week Nebraska became the second state — joining Vermont — to employ state consumer protection laws in an effort to thwart alleged shakedowns by patent assertion entities, a.k.a. patent trolls. Nebraska Attorney General Jon Bruning on Thursday ordered Texas law firm Farney Daniels to stop its pursuit of any new patent infringement enforcement efforts on behalf of accused "trolls" within the state, pending the outcome of an investigation by his office. Read more:...

Corporate Counsel
10/11/2013
One Year In, a Look at New Ways to Challenge Patents

New procedures for challenging patents that were instituted a little over a year ago under the America Invents Act are creating a shift in the way companies and their attorneys treat intellectual property. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202623095271&One_Year_In_a_Look_at_New_Ways_to_Challenge_Patents#ixzz2hNYPAYmN

The American Lawyer
01/01/2016
Finalist, Intellectual Property: Fish & Richardson

When it comes to the numbers, Fish & Richardson can't be beat. In 2014, for example, the firm handled 245 new intellectual property suits, according to legal analytics company Lex Machina, more than any other Am Law 200 firm. The firm also handled more cases at the International Trade Commission and was one of the most active firms in post-grant proceedings at the U.S. Patent and Trademark Office. Sibling publication Corporate Counsel has put the firm in the No. 1 spot in its annual patent...

Corporate Counsel
12/10/2012
Boies Schiller Scores for Warhol Foundation in Coverage Fight

After whittling away at an unusual case against the Andy Warhol Foundation for the Visual Arts until there was nothing left, Boies, Schiller & Flexner is now on its way to recovering its client's hefty legal tab from an insurer that balked at covering the defense.

Corporate Counsel
06/01/2015
FTC Doesn't Want to Be Drawn Into .Sucks Domain Debate

In a letter to the Internet Corporation for Assigned Names and Numbers (ICANN), Federal Trade Commission Chairwoman Edith Ramirez said her agency would not get involved in a controversy over the new .sucks domain and chastised the organization for ignoring repeated warnings that such issues were likely to arise. Read more: http://www.corpcounsel.com/id=1202727983753/FTC-Doesnt-Want-to-Be-Drawn-Into-Sucks-Domain-Debate#ixzz3bqjOypra

Corporate Counsel
01/26/2015
Pharma and Biotech Getting in the Post-grant IP Game

By now it’s well-known that the post-grant proceedings implemented with the America Invents Act have have had a huge impact on the patent practices of companies in the technology and electronics fields. But the proceedings also have significantly altered the patent strategies used by in-house lawyers in the pharmaceutical and biotechnology sectors, according to a new survey. Read more: http://www.corpcounsel.com/id=1202716099870/Pharma-and-Biotech-Getting-in-the-Postgrant-IP-Game#ixzz3PwnY56UA

Corporate Counsel
03/12/2013
Silicon Valley vs. Corporate Taxes

Many Silicon Valley companies export their IP to subsidiaries to save on paying high corporate taxes. It's completely legal, but in a scramble for more revenue, regulators and lawmakers are looking to close the loophole.

Corporate Counsel
02/03/2015
Opening Up IP in Cuba: Get Your Trademarks in Line

The easing of restrictions on trade with Cuba may take some time, but trademark attorneys say brand owners should already be taking steps to protect their names and marks—both in Cuba and in the U.S. Read more: http://www.corpcounsel.com/id=1202716852887/Opening-Up-IP-in-Cuba-Get-Your-Trademarks-in-Line#ixzz3RMK82inN

Corporate Counsel
07/10/2014
OK Then, We're a Cable Company

Aereo Inc., the video-streaming service the U.S. Supreme Court ruled last month was violating copyright law by using dime-sized antennae to broadcast television content to subscribers, has spelled out a new plan for its survival, one that ironically uses an argument put forth by the Court. Read more: http://www.corpcounsel.com/id=1202662754793/Aereo-OK-Then-Were-a-Cable-Company#ixzz375aVy5w2

The AmLaw Litigation Daily
10/10/2014
Toberoff's Last Superhero Stand at the Ninth Circuit

In the last two weeks, plaintiffs lawyer Marc Toberoff has seen his assault on Hollywood over superhero copyrights largely wind down. The heirs of Jack Kirby, the creator of the Hulk, Captain America and other superheroes, settled their long-running dispute with Marvel Entertainment on confidential terms. And the estate of Joe Shuster, who cocreated Superman, lost its bid to be heard by the U.S. Supreme Court, leaving it without copyrights to the superhero. Read more:...

AmLaw Litigation Daily
08/15/2013
Judge Sides with NY Times Over SMS

Wielding a patent for commercial text messages, Helferich Patent Licensing LLC has managed to score licensing deals with every major cell phone maker in the market. Helferich also launched a campaign of licensing demands and infringement lawsuits against content providers beginning in 2008, seeking close to $1 million from companies that send hyperlinked texts. Read more:...

Corporate Counsel
12/08/2015
PTO Names Texas Regional office's First Director

The U.S. Patent and Trademark Office Tuesday named Hope Shimabuku, an intellectual property attorney and engineer, as the first director of the PTO’s Texas regional office. Read more: http://www.corpcounsel.com/id=1202744352260/PTO-Names-Texas-Regional-Offices-First-Director#ixzz3tqKLt9sL

Corporate Counsel
03/14/2013
Pharma, Biotech IP Counsel Expect a Litigious Year

Nearly half of the chief IP counsel working in the pharmaceutical and biotech industries who participated in a new survey indicated that their companies are currently involved in patent infringement litigation—and 43 percent said there was a “very high” likelihood that they would file a claim for patent infringement in the year ahead.

Corporate Counsel
08/15/2014
Law Clinic Students Stop Patent Troll

When a startup called CarShield was hit with a patent infringement lawsuit, its founders got mad. They also got free representation from students at a Brooklyn Law School clinic...

The Amlaw Litigation Daily
11/24/2014
FilmOn Fights On After Aereo Bankruptcy

Online streaming company Aereo Inc. filed for bankruptcy protection last week. But its competitor FilmOn X LLC is still alive and kicking, clashing with the broadcast networks in federal court and pressing the Federal Communications Commission for the right as a web-only video distributor to retransmit broadcast signals. Read more: http://www.litigationdaily.com/id=1202677363695/FilmOn-Fights-On-After-Aereo-Bankruptcy#ixzz3K61cDJEN

Corporate Counsel
10/17/2013
EFF Files for Inter Partes Review of Podcasting Patent

Employing one of the new provisions of the America Invents Act, the Electronic Frontier Foundation on Wednesday challenged the so-called “podcasting patent” that one company has asserted against podcasters in order to obtain licensing fees. Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202623870819&EFF_Files_for_Inter_Partes_Review_of_Podcasting_Patent#ixzz2hvIIFUsk

Corporate Counsel
07/16/2014
Canada Defends Its Lilly Patent Invalidation

Canada has issued its defense in a $500 million lawsuit brought by Eli Lilly & Co., saying the company is merely a “disappointed litigant” bringing a claim “wholly without merit.” Read more: http://www.corpcounsel.com/id=1202663429904/Canada-Defends-Its-Lily-Patent-Invalidation#ixzz37f4VYDWa

Corporate Counsel
10/03/2014
US Patent System Inhibits Innovation, Study Says

Once in a while, if you cut through the din surrounding smartphone wars, patent trolls and multimillion-dollar patent verdicts, you might recall that U.S. patent law was created to encourage innovation. The system’s origins go back to Article I of the U.S. Constitution, which says Congress is empowered “to promote the progress of science and useful arts.” But a paper written by two economists has concluded that the patent system often has just the opposite effect. Read more:...

Corporate Counsel (Cover Story)
03/01/2013
Over There

Tech companies are shipping their IP overseas to get a tax break. The IRS wants to change that.

AmLaw Litigation Daily
08/05/2013
White House Hobbles Samsung, ITC in Apple Patent Fight

The Obama Administration's decision on Saturday to veto a looming import ban on some iPhones and iPads was a huge relief for Apple Inc., and a big setback for its arch IP rival, Samsung Electronics Co. It could also weaken the lure of the U.S. International Trade Commission as a venue for picking patent battles, especially in cases involving industrywide technical standards. Read more:...

Corporate Counsel - March 2013
03/01/2013
A Friend in Need - IRC General Counsel

Carrie Simon moved a decade ago from a successful career at a law firm to become the GC of the International Rescue Committee, an international relief organization, where she's responsible for people's safety and survival.

Corporate Counsel
10/29/2013
Should 'Patent Troll' Reform Be Left to the Judiciary?

Legislation introduced last week aimed at curbing patent litigation abuse by so-called “patent trolls” has been well received by the public and by much of the Congress. But in private, many members of the patent bar are wary of Congress making laws that could affect patent litigation, saying it’s a task that should remain in the hands of the judiciary.

The Wall Street Journal
Japanese Auto Makers Shift Strategies

Japan's auto makers have quickly shifted strategies in Southeast Asia to weather the financial crisis there, showing how resilient the best of Japan's industry can be despite woes at home.

Corporate Counsel
03/12/2013
ICANN Domain Expansion Means More Work to Protect Brands Online

The Internet’s address system is about to undergo its largest expansion since it was first created in the 1980s—a change that will force companies to do more work and spend more money to protect their brands, lawyers say.

THE PALM BEACH POST

Corporate Counsel
07/31/2013
New Crowdsourcing Tool to Help Fight 'Patent Trolls'

A coalition of organizations and law schools has launched Trolling Effects, a new online crowdsourcing tool in the fight against patent assertion entities (PAEs), also known as “patent trolls.” Read more: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202613238736&New_Crowdsourcing_Tool_to_Help_Fight_Patent_Trolls#ixzz2af0hwxVM

The Palm Beach Post
We Want To Work

Thousands of U.S. farmworkers are losing jobs to foreigners as farmers across the country take advantage of a federal program that, until recently, has been used mainly by Florida's sugar industry.

The AmLaw Litigation Daily
05/06/2013
Retailers Can't Knock Out Patents in Gift Card IP Suit

More than five years into its litigation campaign against a gaggle of big retailers, patent plaintiff Alexsam Inc. is still making trouble for defendants in East Texas. On Friday seven retail chains—including Best Buy Co., JC Penney Co., and Barnes & Noble Inc.—failed to convince a federal jury in Marshall that two of Alexsam's patents related to prepaid electronic gift cards are invalid.

The Palm Beach Post
Big Sugar Is Industry's Reality

The sugar industry has tried to portray itself as a beleaguered group of small family farmers. But a Palm Beach Post analysis of property records shows almost 80 percent of the sugar cane land is owned by 10 landholders.

Corporate Counsel
03/12/2013
Silicon Valley vs. Corporate Taxes

Many Silicon Valley companies export their IP to subsidiaries to save on paying high corporate taxes. It's completely legal, but in a scramble for more revenue, regulators and lawmakers are looking to close the loophole.

The Palm Beach Post
No Small-Time Operators

The largest sugar cane landowners in South Florida each own more than 5,000 acres

Corporate Counsel
02/21/2013
U.S. Leads in Nanotechnology Patents, East Asia Making Gains

The United States continues to lead the world in nanotechnology patent applications and grants, and is poised to see a period of exponential growth in the field in the next few years, according to a study by the law firm McDermott Will & Emery.

Corporate Counsel
02/19/2013
Inventors and Patent Attorneys: Beware the Ides of March

Intellectual property lawyers have been advising clients to beware the Ides of March as they prepare to implement fundamental changes to U.S. patent law. Beginning March 16, the United States will go to a “first-inventor-to file” patent system, a major change from the “first-to-invent” system that has existed ever since the nation’s patent laws were enacted in 1790. “It’s a big paradigm shift,” said Erica Arner, chair of the patent prosecution practice at Finnegan, Henderson, Farabow,...

THE NEW YORK TIMES

The New York Times
Want to Play Golf in Japan? Got a Million?

TOKYO, Sept. 24— Earlier this year, an avid golfer here reportedly offered $3.57 million to buy a membership at the exclusive Koganei Country Club. But, as a sign of the fanatical attachment of the Japanese to the game, no Koganei member was willing, even for that unprecedented sum, to sell.

The New York Times
Best Sellers In Tokyo: Book Tapes

TOKYO, Sept. 9— In Tokyo, where most people spend at least two hours a day on trains, it is not unusual to see well-dressed commuters listening intently to Walkmans. Like New York's headphoned subway riders, many listen to music. But a growing number are listening to the spoken word.

The New York Times
Japan Increases Imports from 4 Asian Countries

TOKYO, April 24— In a major department store in downtown Tokyo, shoppers gathered recently around a small display of electronic products. A miniature radio with headphones made in Hong Kong was selling for less than $30 and a portable television set from South Korea for about $93.75.

IP Law & Business (American Lawyer Media)
Apocalypse Then, Copyright Now

In the film Apocalypse Now, Lt. Col. Bill Kilgore boasts, "Charlie don't surf." Neither does Ben Katz. But that didn't stop the 34-year old lawyer from using his IP instincts to get one.

IP Law & Business (American Lawyer Media)
Have IP Boutiques Gone Extinct? Hardly

The long-predicted demise of the intellectual property boutique just hasn't happened. Remember, dinosaurs lived for 160 million years.

IP Law & Business (American Lawyer Media)
A Tale of an Inventor Cleaning Up

"It's not right for companies to take what doesn't belong to them," says Gertrude Neumark Rothschild. "If you're an individual -- and especially if you're a woman -- companeis tend not to take you seriously."

IP Law & Business (American Lawyer Media)
Circle of Friends

Clerking for a judge on the Federal Circuit gives patent lawyers entree to a lifelong network.

IP Law & Business
01/01/2008
Circle of Friends

The alumni group of former clerks of the U.S. Court of Appeals for the Federal Circuit, the court of appeals for all patent cases nationally, held its annual reunion this fall as usual at the Dolly Madison House, a charming eighteenth-century building adjoining the court on historic Lafayette Square in Washington, D.C. After the official party, many of the former clerks retired to the bar of the nearby Sofitel for more conversation. Sprinkled in the crowd were the chief patent counsel of a...

THE INDUSTRY STANDARD

The Industry Standard
Teach Your Children Well

For the click-to-learn generation, the ethics of hacking, plagiarism and copyrights need to be in the lesson plan.

The Industry Standard
A Textbook Case

Online education is getting new competition from the ultimate in old-school industry: Textbook publishers

THE WALL STREET JOURNAL