Samsung Electronics Co. on Friday asked the U.S. International Trade Commission to block shipments of products made by graphics chipmaker Nvidia Corp. it says infringe on its memory and data patents, escalating an ongoing patent infringement dispute between the two companies in related ITC and federal court suits.
Suprema Inc. on Friday reiterated its argument that the full Federal Circuit should rule that the U.S. International Trade Commission lacks authority to hear induced patent infringement cases when a product is found to infringe only after importation.
Toshiba Corp. on Friday responded to the International Trade Commission's decision to review an ITC administrative law judge's determination that Toshiba imported products that infringe two digital display patents, saying the ALJ's ruling contained significant errors that “led to a manifest injustice.”
The major television networks urged the Ninth Circuit on Monday overturn a ruling that said college athletes must be paid for use of their images, calling that concept “fundamentally incompatible with basic freedoms to present events of interest to the public.”
A proposed class of retailers accusing SanDisk Corp. of using its patents to monopolize the flash memory industry on Friday urged a California federal judge to support class certification, saying SanDisk’s arguments against it are based on the company’s own fabricated “straw man.”
Marvell Technology Group Ltd. has again urged the Federal Circuit to reverse a record $1.54 billion judgment against it for allegedly infringing disk drive patents owned by Carnegie Mellon University, saying the huge award "cries out for reversal."
UCB Inc. urged the full Federal Circuit Friday not to reconsider a decision that an Apotex Inc. blood pressure drug patent is invalid due to inequitable conduct by the company's founder and chairman, calling Apotex's argument that the panel was wrong a "fundamental mischaracterization" of the facts.
A Massachusetts federal judge on Monday refused to allow AstraZeneca PLC and Ranbaxy Inc. to end a pay-for-delay trial over the heartburn drug Nexium, saying the case should go before a jury, while Teva Pharmaceutical Industries Ltd. opted to settle with the plaintiffs.
Wal-Mart Stores Inc., Home Depot Inc. and several other retailers were hit with a lawsuit on Friday claiming they’ve been selling trademark-infringing swimming pool-heating devices.
The Patent Trial and Appeal Board on Friday invalidated three patents for coaxial cable connectors held by PPC Broadband Inc. that had been challenged by rival Corning Optical Communications RF LLC, saying the challenged claims were unpatentable in light of prior art.
A New Jersey judge on Friday refused partial summary judgment to SAS Stressteel Inc. on accusations that its former president violated an employment agreement by obscuring his involvement in other companies and commandeered business opportunities from the steel products distributor.
Microsoft Corp. has earned support from tech giants such as Apple Inc., Intel Corp, and Hewlett-Packard Inc. in its bid to get the Ninth Circuit to affirm a decision that Motorola Inc. breached an obligation to license its standard-essential patents to Microsoft on fair, reasonable and non-discriminatory terms.
Aereo Inc.’s disruptive television streaming technology could fetch a substantial price in a bankruptcy auction despite having been ruled by the U.S. Supreme Court to violate the copyrights of broadcasters, an attorney for the shuttered startup said Monday.
A software developer that makes a program called Clean Slate is urging the Supreme Court to revive a trademark lawsuit over a fictional program of the same name featured in the movie "The Dark Knight Rises," saying it shouldn’t matter that Warner Bros. doesn’t actually sell software.
A Missouri federal judge on Friday denied sanctions sought by a songwriter behind Katy Perry’s hit “Dark Horse” against attorneys in a copyright suit over the song, ruling sanctions are not warranted for a reference the attorneys made to Kesha's unrelated sexual assault suit against him.
U.S. Trade Representative Michael Froman on Monday set the stage for the first U.S.-India trade summit in more than four years with a call for New Delhi to shore up its intellectual property regime, which has long been a thorn in the side of the pharmaceutical industry and other patent holders.
Mercedes-Benz USA was hit with patent infringement litigation in Texas federal court Friday by a man who claims to have pioneered the technology behind the keyless ignition system and who has filed 27 other suits in federal court over the same patent this year.
Aereo Inc. ended its three-year copyright battle with a bankruptcy filing, but the trend that the streaming startup so publicly represented — the increasing popularity of novel, Internet-based services for access to video content — isn't going anywhere.
Phoenix Payment Systems Inc. told a Delaware bankruptcy judge Thursday that a $10 million claim lodged by a rival card transaction company over old software code should be capped at $500,000, saying it should not be forced to set aside the full sum while litigation plays out.
Copyright enforcement group Rightscorp Inc. was hit with a class action Friday accusing it of violating consumer protection laws and issuing objectively baseless Digital Millennium Copyright Act subpoenas to online downloaders.
The post-institution phase of an inter partes review, covered business method review or post-grant review is not where a patent owner wants to be. These 10 strategies for avoiding or limiting the scope of an instituted America Invents Act proceeding have proven successful to date, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.
Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.
Stockpiling of generic drugs to allow commercial introduction immediately after patent expiration is considered an act of infingement, but infringement suits contesting this conduct are almost nonexistent. The stockpiling of biologics and biosimilars, which are usually more expensive and take longer to produce than typical generics, may bring this dormant issue to the forefront, say Brian Coggio and Ron Vogel of Fish & Richardson PC.
When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.
The recent decision in Milly LLC v. Mrs. Jello LLC provides an interpretation of the Uniform Domain-Name Dispute-Resolution Policy that allows a panel, in certain circumstances, to find that a respondent has registered and used a domain name in bad faith even though the domain name may have been acquired initially in good faith, say Carol Anne Been and Monica Richman of Dentons.
Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.
For parties that are litigating in the U.S. International Trade Commission under Section 337, the existence of a co-pending inter partes review proceeding can give rise to competing timelines, and potentially conflicting outcomes, with a variety of strategic consequences, say James Dowd and Jacob Oyloe of WilmerHale.
Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.
Now that the Judicial Conference of the U.S. has unanimously approved abolishment of Rule 84 and Form 18, patent litigants may be only one year away from facing significant changes to how patent infringement is pled. Presumably, the Twombly and Iqbal standards would apply to direct patent infringement complaints, just as they currently apply to indirect infringement claims, say Jason Murata and Ryan Cook of Axinn Veltrop & Harkrider LLP.
Post-grant review may prove to be an important forum for companies that do not want to wait until after filing their biosimilar applications to challenge the validity of relevant patents, say Marsha Gillentine and Rebecca Hammond of Sterne Kessler Goldstein & Fox PLLC.