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Patent Law

580 ABA Journal Patent Law articles.

Legal: Speedo LZR Racer; Not: Alleged Target Version of ‘Foxers’ Line?

In the hotly contested world of competitive sports, high-tech materials and innovative designs can shave critical seconds off an athlete’s time. So use of certain equipment, such as the Speedo LZR Racer suit many consider state-of-the-art, has been hotly debated in the governing bodies of various sports, and even the…

Feb 21, 2009 1:24 AM CST

Microsoft Obtains 10,000th Patent

Microsoft now holds 10,000 U.S. patents, a milestone the company attributes to an effort to maximize the value of its research and development. “We feel that patents are the currency of innovation,” Microsoft’s chief patent counsel, Bart Eppenauer, told Managing Intellectual Property. Microsoft does not hold the record for U.S.…

Feb 18, 2009 5:17 PM CST

Perkins Coie Sues Ex-Associate, Seeks Tuition Loan Repayment

Perkins Coie has sued a former associate in its Menlo Park, Calif., office. The law firm contends that he reneged on a written agreement to repay up to $30,000 that it agreed to lend him to pay his tuition and related expenses while he was still a law student. Its…

Feb 12, 2009 12:42 AM CST

Tech Clients Claim Foley & Lardner Overbilled, Underrepresented

Three tech company clients have sued Foley & Lardner, contending that the law firm overbilled them for unnecessary work and didn’t effectively pursue their case as plaintiffs in federal patent infringement case in the Eastern District of Texas. The suit seeks $1 million in damages, claiming that Foley breached a…

Feb 3, 2009 10:58 PM CST

Four Firms Adding Office Space, Lawyers in Chicago

Breaking away from reports of attorney layoffs, this week we spoke to four law firms taking advantage of the recent spate of law firm mergers and downsizing to hire pools of lateral attorneys—hopefully with big books of clients—and expand niche practices in Chicago. “There’s two seasons in Chicago: winter and…

Jan 29, 2009 10:17 PM CST

‘Armies of Attorneys’ Hired to Aid Chipmakers During Slump

Companies that manufacture computer chips are retaining “armies of patent lawyers” to combat rival products or collect patent royalties. The uptick has meant a much busier U.S. International Trade Commission, which has started investigating 42 intellectual property complaints this year, the largest number since 1983, Bloomberg reports. “Lawyers are expensive,…

Dec 24, 2008 11:38 AM CST

A ‘Loser Pays’ Legal System Will Cut Frivolous Lawsuits, Report Says

The Manhattan Institute for Policy Research released a report today advocating for a “loser pays” rule to help staunch the exorbitant litigation costs that arise from nuisance lawsuits in the U.S. “Greater Justice, Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System,” reports that Americans spend…

Dec 2, 2008 11:34 PM CST

King & Spalding, Wilmer Cutler File Infringement Suits Against Samsung

Samsung is facing lawsuits filed by two major law firms that accuse the company of infringing patents on memory chips in portable electronic devices and camera-phone technology. A Delaware federal suit filed by King & Spalding on behalf of Spansion Inc. claims Samsung infringed patents on memory chips that produce…

Nov 19, 2008 4:07 PM CST

Theory of Unconstitutional Judicial Appointments Fails in Patent Appeal

Marketers who sell a powdered health supplement have failed to persuade the U.S. Court of Appeals for the Federal Circuit that a patent ruling should be overturned because the judges who issued it were unconstitutionally appointed. Law professor John Duffy of George Washington University has pointed out a possible flaw…

Nov 4, 2008 12:45 PM CST

Cisco Turns Up Heat in ‘Patent Troll’ Case

The case involving the once-anonymous Patent Troll Tracker is in the news again now that Cisco Systems is reportedly turning up the heat on a Texas lawyer who sued the company. The Pattent Troll Tracker, who unmasked himself after a lawyer offered a $15,000 reward for anyone who would reveal…

Nov 4, 2008 12:10 AM CST

En Banc Federal Circuit Restricts Business Method Patents

In a closely watched case, the U.S. Court of Appeals for the Federal Circuit has restricted business method patents. The 9-3 en banc ruling holds that a business method cannot be patented unless it is tied to a machine or involves a physical transformation, Legal Times reports. The decision, In…

Oct 31, 2008 11:36 AM CDT

Nike Sues Wal-Mart, Claiming Cushioned Shoe Design is Copied

Nike claims in a lawsuit filed in federal court in Chicago that Wal-Mart is selling shoes that infringe on its patented design. The suit claims Wal-Mart’s Detra shoes infringe on two patents related to its Shox brand cushioning system, the Wall Street Journal reports (sub. req.). It’s not the first…

Oct 17, 2008 5:47 PM CDT

5th Circuit Ruling Likely to Nix IP Rocket Docket in Texas

An en banc ruling by a federal appeals court in a case involving a car crash is likely to put a crimp in the intellectual property “rocket docket” in the Eastern District of Texas. The ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals said Volkswagen was entitled…

Oct 14, 2008 11:51 AM CDT

McDermott’s Shared Tab for ‘Abuse of Advocacy’ is $4.3M in Attorney Fees

McDermott, Will & Emery and its client Medtronic Inc. have been ordered to pay $4.3 million in attorney fees for “abuse of advocacy” in a patent case. U.S. District Judge Richard Matsch of Denver imposed the sanction Tuesday for attorney fees incurred by Medtronic’s trial opponent BrainLAB, the Recorder reports.…

Oct 2, 2008 12:53 PM CDT

Appeals Ruling Strengthens Design Patents

Patent lawyers say a rare en banc ruling this week by the U.S. Court of Appeals for the Federal Circuit strengthens design patents. The decision (PDF) holds that in design infringement suits, courts should use the “ordinary observer” test, which asks whether the designs are substantially the same in the…

Sep 24, 2008 2:18 PM CDT

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