Orrick - IP Landscape

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
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

No Foul: “Jumpman” Can Keep Soaring

Rentmeester v. Nike, Inc., No. 15-35509, 2018 WL 1055846, at *6 (9th Cir. Feb. 27, 2018) (Judge Paul J. Watford) - On February 27, the Ninth Circuit upheld the dismissal of copyright claims against Nike, Inc. alleging that…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property

What Constitutes Sufficient Factual Allegations For An Induced-Patent-Infringement Claim?

Order Granting Defendants’ Motion to Dismiss with Leave to Amend, CyWee Group Ltd. v. HTC Corp., W.D. Wash. (March 1, 2018) (Judge James L. Robart) - Actively inducing patent infringement incurs liability under 35 U.S.C. §…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Applying A Law Of Nature To Getting Desired Results Does Not Confer Patent Eligibility

Order Granting Motion for Summary Judgment of Invalidity, American Axle & Manufacturing, Inc., v. Neapco Holdings LLC and Neapco Drivelines LLC, (D. Del. Feb. 27, 2018) (Judge Leonard P. Stark) - In a recent patent…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property

Texas Supreme Court First To Extend Attorney-Client Privilege To Patent Agents

In re Andrew Silver, Tex. (February 23, 2018) (Justice John Phillip Devine) Last week, the Texas Supreme Court ruled that a client’s communications with his registered patent agent are protected under the attorney-client…more
 /  Civil Procedure, Intellectual Property

Contractual And Fiduciary Duty Of Loyalty May Estop Patent Invalidity Defense

Order Denying Defendant’s Motion to Dismiss, GemShares LLC., v. Lipton et al., Case No. 1-17-cv-06221 (N.D. Ill. February 11, 2018) (Judge Matthew F. Kennelly) - Part owners of the patentee-plaintiff company lose Rule…more
 /  Civil Procedure, Intellectual Property

Federal Circuit Finds Fact Issues Bar § 101 Ruling, Jeopardizing Early Motion Strategy

Berkheimer v. HP Inc., Fed. Cir. (February 8, 2018) - Last Thursday, the Federal Circuit decided Berkheimer v. HP Inc. It ruled, for the first time, that a district court had engaged in improper fact finding when deciding a…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Too Many ‘Emergencies’ May Lead to Finding a Case to be “Exceptional”

Order Denying EnerPol, LLC’s Emergency Motion to Strike Schlumberger’s Previously Undisclosed Claim Construction Proposal From its Technology Tutorial and Claim Construction, EnerPol, LLC v. Schlumberger Technology Corporation,…more
 /  Civil Procedure, Intellectual Property

Attorneys’ Fees and Exceptionality: Two Perspectives from Recent Cases

Memorandum Opinion and Order Denying Attorneys’ Fees Award, Effective Exploration, LLC v. Bluestone Natural Resources II, LLC, No. 2:16-cv-00607-JRG-RSP, E.D. Tex. (January 18, 2018) (Judge Roy S. Payne). …more
 /  Civil Procedure, Civil Remedies, Intellectual Property

To Avoid Attorneys’ Fees, Support Your Trial Arguments

Genes Industry, Inc. v. Custom Blinds and Components, Inc., Case No. SACV 15-0476 AG (C.D. Cal. Jan. 29, 2018 Order Re Plaintiff’s Motion for Enhanced Damages and/or Attorneys Fees and Costs). The standard for determining…more
 /  Civil Remedies, Intellectual Property

Third Time’s A Charm On § 101

Order Granting Defendant’s Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 101, Cave Consulting Group, Inc., v. Truven Health Analytics Inc., et al. N.D. Cal (December 15, 2017) (Judge Susan Illston) - Truven’s…more
 /  Civil Procedure, Intellectual Property

Steering Away From Confusion: Despite Advisory Jury Finding, Court Rules No Infringement of DRIVEWISE Trademark

Findings of Fact and Conclusions of Law, Allstate Insurance Co. v. Kia Motors America Inc., C.D. Cal. (December 22, 2017) (Judge James Otero) - In a recent trademark infringement case, Judge James Otero of the Central…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Out Of Time? Federal Circuit Reverses Course On Review Of PTAB Time-Bar Determinations

En Banc Decision Remanding to Panel for Consideration of Merits of Petitioner’s Time-Bar Appeal, Fed. Cir. (January 8, 2018) - The Federal Circuit, sitting en banc, found that the decision of the Patent Trial and Appeal Board…more
 /  Administrative Law, Intellectual Property

Court Reconsiders And Grants Motion To Transfer For Improper Venue In Light Of TC Heartland

Stuebing Automatic Machine Company v. Allan Gavronsky d/b/a Matamoros Machine Shop, et al., S.D. Ohio (June 12, 2017) (Judge Karen L. Litkovitz) - Under 28 U.S.C. § 1400(b), venue is only proper in a patent infringement suit…more
 /  Civil Procedure, Intellectual Property

University Waives Eleventh Amendment Sovereign Immunity By Enforcing Patent Rights

The Regents of the University of Minnesota (“Patent Owner”) sued Ericsson Inc. and Telfonaktiebolaget LM Ericsson (collectively, the “Petitioners”) in district court for patent infringement. When the Petitioners sought inter…more
 /  Administrative Law, Education, Intellectual Property

Could The Physical Presence Of A Party’s Affiliate Make Patent Venue Proper?

Mallinckrodt IP et al. v. B. Braun Medical, C.A. Nos. 17-365-LPS, 17-660-LPS (D. Del. Dec. 14, 2017 Memorandum Order Requiring Venue Discovery) - In this patent infringement action, defendant B. Braun moved to dismiss the…more
 /  Civil Procedure, Intellectual Property
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