Trials

  • January 15, 2021

    Apple-VirnetX Judge Explains Why He Won't Grant New Trial

    A Texas federal judge made public on Friday his reasons for not granting Apple Inc. a redo over its $503 million patent trial loss to VirnetX Inc., saying among other things that VirnetX's closing arguments didn't unduly push the jury to "punish" its tech giant rival.

  • January 15, 2021

    Fed. Circ. Sticks With Ruling In Bard's $68M Patent Fight

    The full Federal Circuit refused on Friday to take another look at a panel ruling that revived C.R. Bard's $67.5 million infringement claims and undid a Delaware federal judge's finding that the medical device maker's patents were invalid.

  • January 15, 2021

    Fla. Court Reverses $15.5M Verdict Against R.J. Reynolds

    A Florida appeals court on Friday threw out a $15.5 million judgment against R.J. Reynolds over the death of a lifelong smoker who succumbed to cancer, saying jurors had received insufficient instructions to find the company liable for a claim of conspiracy to fraudulently conceal information.

  • January 15, 2021

    PTAB Axes Patent Involved In $4.3M Verdict Against Samsung

    The Patent Trial and Appeal Board has invalidated five claims of a Florida company's image editing patent at the heart of a $4.3 million jury verdict against Samsung, reversing an earlier decision that upheld the claims.

  • January 15, 2021

    Ex-Insys Manager Frets Over 'Prison Parenting' In Delay Bid

    A former Insys executive asked a federal judge Friday to delay her prison sentence to avoid "prison parenting" her teenage son in the middle of the pandemic, when she says he needs her most.

  • January 15, 2021

    Pet Theory: Judge Says Dog May Be Livestock In Zoning Fight

    A Massachusetts state court judge suggested Friday that puppies could fall under the definition of livestock as he heard closing arguments in a bench trial over whether a million-dollar bernedoodle operation can run in a residential neighborhood.

  • January 15, 2021

    Texas Law Firm Blasts Allstate Experts In Proposed Class

    Allstate is facing a proposed class action brought on behalf of as many as 10,000 Texas lawyers and law firms, accusing the insurer of routinely putting forth unqualified experts to delay justice and drive up court costs.

  • January 15, 2021

    Pandemic Again Delays Fired King & Spalding Atty's Trial

    King & Spalding LLP and a lawyer who said he was unlawfully fired for raising ethics concerns will have to wait until at least June to square off at trial, after concerns about the COVID-19 pandemic led a New York federal judge to scuttle plans to push forward in April.

  • January 15, 2021

    March Retrial Set In EDTX Case That Caused COVID Outbreak

    An Eastern District of Texas judge on Friday pushed a retrial to March 8 in a breach of contract case that was disrupted halfway through testimony in November when 15 trial participants tested positive for the coronavirus.

  • January 15, 2021

    2nd Circ. Upholds NCAA Hoops Trio's Bribery Convictions

    The Second Circuit on Friday upheld the convictions of two Adidas basketball marketers and an aspiring agent for defrauding certain Adidas-sponsored universities by paying recruits to steer them to those schools, keeping in place a win for Manhattan federal prosecutors in one of two trials stemming from their college hoops corruption probe.

  • January 14, 2021

    Yoko Ono To Settle Suit Against Lennon's Ex-Assistant

    Yoko Ono Lennon told a New York federal court Thursday that she's reached a deal to end her suit alleging the former assistant of her late husband and Beatles frontman John Lennon violated a 2003 court order in which he promised to stop publishing and speaking publicly about Lennon or Ono.

  • January 14, 2021

    Final Push Made At Trial To Ax Fla. Anti-Sanctuary Law

    Counsel for immigrant advocacy organizations challenging a 2019 Florida law banning so-called sanctuary policies ripped a state attorney Thursday over his comparison of their legislative efforts to those of alleged anti-immigrant "hate groups" whose involvement they say was evidence of the law's alleged discriminatory intent.

  • January 14, 2021

    Feds Tell 7th Circ. $30M Kidney Failure Award Still Unjustified

    A federal lawyer told the Seventh Circuit on Thursday that a $29.7 million award for a kidney failure patient shouldn't stand, saying that a judge shirked the proper analysis needed when finding that the patient bore no blame for the progression of his hypertension.

  • January 14, 2021

    Credit Suisse Jockeys For End To Vegas Appraisal Fraud Fight

    A Dallas judge on Thursday disputed Credit Suisse's argument that a Highland Capital Management LP unit should receive none of a $40 million jury verdict for a bungled land appraisal ahead of a 2007 Las Vegas real estate deal.

  • January 14, 2021

    Judge Gilstrap Grants 'Late' Stay In Cisco Patent Fight

    Eastern District of Texas Judge Rodney Gilstrap has agreed to press pause on a patent lawsuit against Cisco Systems Inc. despite it being "late" in the game, citing the high probability that the scope of the claims will change during reexamination proceedings.

  • January 14, 2021

    Ex-Auto Part Co. CEO Nabs Bench Trial Win In Severance Suit

    A Tennessee federal judge has ruled that auto parts maker The PendaForm Co. breached its former CEO's contract by failing to pay him severance after his firing for comments made after the company was sold, saying a non-solicitation clause in his contract was unenforceable.

  • January 14, 2021

    Trump Commutes Ex-Cay Clubs CEO's Ponzi Sentence

    President Donald Trump has commuted the 40-year sentence of Fred Davis "Dave" Clark Jr., who was convicted in 2015 of helping run a $300 million Ponzi scheme through the Florida Keys-based company Cay Clubs Resort and Marinas, Law360 has learned.

  • January 14, 2021

    USPTO Says VirnetX Can't Get Arthrex Do-Over On Network IP

    The U.S. Patent and Trademark Office told the Federal Circuit Wednesday that VirnetX should not be able to invoke Arthrex to get rehearings on Patent Trial and Appeal Board rulings that struck down part of two network security patents involved in a $502.8 million verdict against Apple.

  • January 14, 2021

    Albright Says COVID-19 Delay Is OK In HEB Patent Trial

    U.S. District Judge Alan Albright in Texas signed off on an effort to postpone an in-person jury trial that was set to start in six weeks in a patent fight over scan and pay technology between the grocery store chain HEB and startup Digital Retail Apps.

  • January 14, 2021

    Tarter Krinsky Hires 2-Partner Practice From Amster Rothstein

    A two-partner practice specializing in working with sellers on Amazon has moved from the intellectual property boutique Amster Rothstein & Ebenstein to the New York offices of Tarter Krinsky & Drogin LLP.

  • January 14, 2021

    Noble Energy Must Turn Over Docs On $13B Chevron Tie-Up

    A Delaware vice chancellor on Thursday ruled that Noble Energy Inc. must turn records over to an investor who is seeking to investigate if there was officer wrongdoing connected to the company's $13 billion sale to Chevron Corp. last year.

  • January 14, 2021

    How COVID-19 Could Permanently Alter Litigation For GCs

    Some court depositions and hearings might remain virtual once the coronavirus pandemic subsides, and general counsel will need to adjust their expectations and invest in technology if they want to prevail in the cases they face, according to a report released Wednesday by Crowell & Moring LLP.

  • January 14, 2021

    'Varsity Blues' Atty Turns To Private Practice & An A-Rod Suit

    The lead prosecutor in the "Varsity Blues" college admissions case, who prosecuted actresses Lori Loughlin and Felicity Huffman, has left the Boston U.S. attorney's office for a boutique litigation firm and is now suing another high-profile defendant: Alex Rodriguez.

  • January 13, 2021

    $760M Motorola Walkie-Talkie Trade Secret Win Cut To $540M

    An Illinois federal judge has cut over $200 million from a Motorola unit's $760 million win in a trade secrets trial against Hytera Corp. linked to digital walkie-talkies, saying there was a partial double recovery.

  • January 13, 2021

    NCAA Tells Panel McNair Shouldn't Get New Defamation Trial

    The National Collegiate Athletic Association urged a California appellate panel Wednesday to block a new defamation trial for former University of Southern California assistant football coach Todd McNair, arguing that the lead juror should not have been disqualified after the verdict.

Expert Analysis

  • Lessons From Economic Testimony In 2020 Merger Litigation

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    A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

  • How Fund Managers Can Avoid Political Contribution Missteps

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    In this brief video, Peter Chan and Karl Egbert at Baker McKenzie, and Suzan Rose at the Alternative Investment Management Association discuss fund manager compliance and monitoring issues related to state and federal rules on campaign contributions, particularly in light of the recent election cycle.

  • Fed. Circ. Ruling Shows Novelty's Role In Patent Eligibility

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    The recent Federal Circuit decision Simio v. FlexSim is the latest in a trend concerning a class of inventions that are patent ineligible because they’re not novel despite purporting to improve computer technology, and is informative for winning or surviving early motions to dismiss, say Braden Katterheinrich and JD Schneider at Faegre Drinker.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • After Lull In Biosimilar IP Litigation, 2021 Could Bring Influx

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    While 2020 was an off year for U.S. biosimilars, with only 29 new regulatory approvals and 29 patent litigation matters, it does not appear to be a reflection of things to come, given a flourishing market, bursting pipelines, and clinical trial activity, say Joshua Whitehill and Jay Deshmukh at Kasowitz.

  • Minimizing Disruption To Clients During Law Firm IT Upgrades

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    For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

  • 10 Patent Prosecution, Litigation Practice Trends From 2020

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    2020 spurred ingenuity in both inventions fighting COVID-19 and patent practice trends, including increases in litigation and inter partes review petitions, attention to artificial intelligence patents, and the U.S. Supreme Court's refusal to address patent eligibility, say attorneys at WilmerHale.

  • Bribery Trial Highlights SEC's Focus On Gift Violations

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    In this brief video, Peter Chan and Karl Egbert at Baker McKenzie, and Suzan Rose at the Alternative Investment Management Association, discuss the U.S. Securities and Exchange Commission's recent trial victory in SEC v. Paulsen, a case that illustrates the agency's increasing focus on gift and entertainment expense compliance for asset managers.

  • Tips For Drafting Effective Amicus Briefs

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    Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

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