Orrick - IP Landscape

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The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669, United States
Phone: 415-773-5700
Fax: 415 773 5972
Areas of Practice
  • Intellectual Property
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
  • Oregon
  • Washington
  • West Virginia
Other Countries
  • China
  • France
  • Germany
  • Hong Kong
  • Italy
  • Japan
  • Russia
  • Taiwan
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Federal Circuit Provides Important Guidance on Establishing Patent Venue

Order Granting Mandamus and Directing Transfer of Case, Raytheon Company v. Cray, Inc., Federal Circuit (September 21, 2017) - The Federal Circuit today clarified what it means to have “a regular and established place of…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Judge Dow Orders New Trial Due to Unreliable Consumer Confusion Survey

Order Granting Motion for New Trial, The Black & Decker Corp., et al. v. Positec USA, Inc., et al., N.D. Ill. (September 11, 2017) (Judge Robert M. Dow, Jr.) - Trademark litigants often submit survey evidence to prove that…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

District of Delaware “Clips”- Off Venue-Discovery for Medical Device Company but Allows It for Pharmaceutical Company

Boston Sci. Corp. v. Cook Grp., Inc., No. 15-980-LPS-CJB, 2017 U.S. Dist. LEXIS 146126, at *2 (D. Del. Sep. 11, 2017); Bristol-Myers Squibb Co. v. Mylan Pharm., Inc., No. 17-379-LPS, 2017 U.S. Dist. LEXIS 146372, at *3 (D. Del…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Look (At The PTAB Factors) Before You Leap Into Your Follow-On IPR Petition

Decision Denying Petitioner’s Requests For Rehearing, General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Nos. Case IPR2016-01357, 01358, 01359, 01360, 01361 (P.T.A.B. September 6, 2017) (expanded panel) - Last…more
 /  Administrative Law, Intellectual Property

Christmas Comes Early for “Useful Article” Copyright Holder

Order Denying Motion and Cross-Motion for Summary Judgment, Jetmax Ltd. v. Big Lots, Inc. et al., 15-cv-9597 (S.D.N.Y. Aug. 28, 2017) (Judge Katherine Forrest) Tricky questions can arise when a person or company attempts to…more
 /  Business Torts, Intellectual Property

E.D. Texas Magistrate Recommendations Highlight How Patent Marking Requirements Can Apply To Method Claims

Report And Recommendation on Motion for Partial Summary Judgment, Huawei Technologies Co. Ltd, v. T-Mobile US, Inc. et al., E.D. Tex. (September 4, 2017) (Magistrate Judge Roy Payne) Magistrate Judge Roy Payne’s recent Report…more
 /  Intellectual Property, Science, Computers, & Technology

Alice Strikes Again: Patent for Biometric Identification and Verification System Invalidated as Directed to a “Well-Known” Idea “Humans Have Always Performed.”

Order Granting Motion to Dismiss, IQS US, Inc. et al. v. Calsoft Labs, Inc., et al., N.D. Ill. (August 18, 2017) (Judge Joan H. Lefkow) - Late last month, we reported on an Order from the Southern District of Texas…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

USPTO Maintains Standard for Indefiniteness in Rare Precedential Opinion

Decision on Appeal, Ex parte McAward et al., No. 2015-006416 (P.T.A.B. August 25, 2017) (Judges Linda E. Horner, Annette R. Reimers and Nathan A. Engels) - The Supreme Court’s decision in Nautilus, Inc. v. Biosig Instruments,…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Venue After TC Heartland – Attending a trade show or location of CEO’s abode not enough to prove “regular and established place of business”

We have been tracking how district courts have handled venue challenges in a post-TC Heartland world, and have reported changes to some of the more popular patent venues, as well as a continuing split among district courts on…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

Two Recent Decisions Highlight Divergent Extraterritorial Application of Lanham Act and Copyright Act

The question whether and under what circumstances the Lanham Act and the Copyright Act will be applied to conduct occurring at least partially outside the United States grows increasingly important as the world economy continues…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

Preventing Identity Theft—A Tale as Old as Time According to Judge Palermo When She Invalidated Patent Claims for Identity Theft Prevention Software Under § 101

Order Granting Summary Judgment in favor of Defendants, Mantissa Corp. v Ondot Systems, Inc., et al, S.D. Tex. (August 10, 2017) (Magistrate Judge Dena Palermo) - Litigants continue to use Alice and its progeny as a powerful…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Save Me Some Money: Paring Down Costs in Patent Litigation

Order Re Pilot Motions for Summary Judgment, Comcast Cable Communications, LLC v. OpenTV, Inc. et. al., N.D. Cal. (August 4, 2017) (Judge William Alsup) - It’s no secret that patent litigation is expensive—especially when…more
 /  Civil Procedure, Intellectual Property

“Weight” a Minute – Upon Further Review Those Claims Are Not Indefinite

Commission Opinion, Certain UV Curable Coatings For Optical Fibers, and Products Containing the Same, Inv. No. 337-TA-1031 (August 11, 2017) (ITC) - We previously posted – “Weight” a Minute- Those Claims Are Indefinite –…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Sneaker Wars: Adidas Defeats Summary-Judgment Motion That Claimed Stan Smith Shoe Design Lacks Distinctiveness

Order Granting in Part and Denying in Part Motion for Summary Judgment, Adidas America Inc. et al. v. Skechers USA Inc., D. Or. (August 3, 2017) (Judge Marco Hernández) - The ever-increasing popularity (and collectability)…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

When It Comes to Domestic Industry’s Economic Prong, Numbers Speak Louder Than Words

Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond, Certain Radio Frequency Identification (“RFID”) Products and Components Thereof, ITC Inv. No. 337-TA-979 (June 22, 2017) (ALJ…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology
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