A New York federal judge said Thursday that sanctions must be imposed against counsel from Wolf Haldenstein Adler Freeman & Herz LLP who filed an allegedly frivolous consolidated securities class action claiming AOL Inc. bought millions of its shares at artificially depressed prices before announcing a $1 billion patent sale.
Private equity firm Coller Capital didn't do enough to make sure it smoothed the sale of three technology patent portfolios, the attorney for a buyer who said it lost $300 million because of the failed deal told a New York state appeals court panel Thursday.
Davis-Standard LLC sued an ex-vice president and a rival liquid coating equipment maker, SAM North America LLC, in Connecticut federal court Tuesday, saying the former executive had breached a noncompete agreement and violated trade secrets by joining SAM last month.
Facebook Inc. lost a bid to dismiss a patent infringement suit over the company’s “Like” button on Tuesday, when a Virginia federal judge ruled that there were still too many questions that needed to be answered in the case.
Griffin Technology Inc. urged the Federal Circuit on Thursday to reverse a U.S. International Trade Commission decision finding its protective cases for several Apple Inc. devices infringed an Otter Products LLC patent, claiming the commission misconstrued a key patent term.
A Texas federal judge dismissed on Wednesday a suit involving wireless network patents developed by an ex-partner of Fish & Richardson PC that were asserted against Starwood Hotels & Resorts Worldwide Inc., after a deal was reached in the case.
The Travelers Indemnity Co. recently fired off a lawsuit against Legal & General Group PLC and its affiliates in Connecticut federal court demanding that the U.K. financial services and insurance company stop using a logo the insurer says infringes the iconic Travelers umbrella mark.
Warner Bros. asked a California federal judge Wednesday to shut down a suit brought by a producer who says the company stole his script for its 2012 hit “Trouble With The Curve,” arguing the original script was written in the 1990s by a film student.
Samsung Electronics Co. Ltd. and a class of consumers urged the Ninth Circuit on Thursday to revive their separate antitrust suits over an alleged patent-licensing cartel among Panasonic Corp. and other flash memory card makers, arguing that a district court judge incorrectly found both sets of claims time-barred.
Bristol-Myers Squibb pushed a Federal Circuit panel on Thursday to revive its patent covering the hepatitis B drug Baraclude, alleging a lower court applied improper legal standards when it found in favor of generic-drug maker Teva Pharmaceutical Industries Ltd. and determined that Bristol-Myers' patent was obvious.
A Massachusetts federal judge on Thursday hit Amphastar Pharmaceuticals Inc. with sanctions for disobeying discovery requests in Momenta Pharmaceuticals Inc.’s patent suit against Amphastar over production of generic versions of the blood thinner Lovenox, finding that Amphastar’s refusal to turn over documents violated court orders.
Kaufman & Co. LLC this week welcomed an experienced commercial attorney with a focus on intellectual property, real estate and media-related litigation and counsel to its recently opened New York City office.
A bill designed to crack down on so-called patent trolls easily passed the U.S. House of Representatives on Thursday, with a new provision that requires patent holders to identify their ultimate parent entity when filing lawsuits in order to discourage litigants from hiding behind shell companies.
A California federal judge on Tuesday refused to toss an antitrust suit accusing patent aggregator RPX Corp. and several Android device makers of conspiring to refuse patent licenses from Cascades Computer Innovation LLC, finding that Cascades had sufficiently bolstered its previously dismissed complaint.
Philadelphia-based Kleinbard Bell & Brecker LLP has added an Ogletree Deakins attorney with experience in commercial, intellectual property and employment litigation to bolster its employment group, the firm announced Tuesday.
Whole Foods Market Inc. was slapped with an infringement and unfair competition suit in Washington federal court Tuesday by organic health food company Eat Right Foods Ltd., which alleges the grocer has stepped on its trademarks by affixing the phrase "eat right" to certain products in its stores.
Crowell & Moring LLP Wednesday welcomed the return of its former intellectual property partner Teresa Rea, who recently ended a three-year gig as deputy director of the U.S. Patent and Trademark Office to take on a new dual role involving IP and international trade work.
The Federal Circuit on Wednesday pressed Google Inc. to explain why a lower court did not err in ruling that its Android mobile operating system hadn't infringed Oracle's copyrighted Java software, while Oracle accused Google of taking its protected code to obtain a dominant position in the smartphone market.
Auxilium Pharmaceuticals Inc. lost a patent infringement suit Wednesday alleging Upsher-Smith Laboratories Inc.'s efforts to create a testosterone gel for men infringed 10 patents related to Auxilium's Testim gel, when a Delaware federal judge ruled Upsher-Smith's formulation didn't infringe.
The Ninth Circuit on Wednesday refused to revive an inventor's claims that IBM Corp. stole trade secrets related to his software feature called “Bookmark,” finding his case time-barred because he didn't prove that his mother was unaware of the alleged theft when she owned the IP rights.
The Patent Trial and Appeal Board's recent ruling in Garmin v. Cuozzo — the first final decision after trial in an inter partes review — provides important guidance for patent practitioners for inter partes review, litigation and prosecution, say Susan Glovsky and Timothy Meagher of Hamilton Brook Smith & Reynolds PC.
The European Commission’s recent proposal to establish a common definition of "trade secrets" and set of remedies in all 28 EU members states is likely to increase confidence that this element of intellectual property policy can be addressed effectively in the trade agreement currently in negotiation between the EU and U.S., say Jan-Diederik Lindemans and Mark Klapow of Crowell & Moring LLP.
The Patent Trial and Appeal Board will not institute an inter partes review unless the petition includes an identification of “each real party-in-interest” for the petition. Although the determination of whether a party is a real party-in-interest is a highly fact-specific inquiry, the U.S. Patent and Trademark Office's practice guide and related decisions provide some helpful guidance, say Michael Smith and Michael Twomey of WilmerHale.
There is an important trade secret component to the highly publicized Amanda Knox murder case. The tension between the public criminal proceeding and Boise State University's assertions of trade secret protection over allegedly exculpatory forensic evidence raises novel legal issue, says Eulonda Skyles of Orrick Herrington & Sutcliffe LLP.
A decision by the U.S. Supreme Court in the Highmark Inc. case providing greater deference to a district judge’s findings could result in fewer awards being reversed on appeal, thereby increasing the number of awards and their deterrent effect against baseless lawsuits. The Icon Health & Fitness Inc. case provides a greater potential to reshape the landscape for awarding attorneys' fees by seeking what appears to be a lower standard, says Russell Cass of Sidley Austin LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The term of copyright in sound recordings and performers' rights has been extended in Europe from 50 to 70 years for sound recordings that were first released on or after Jan. 1, 1963. It seems likely that the new law will have at least some commercial impact once the interplay between a number of provisions meant to benefit performers have been subject to careful analysis, say Sarah Byrt and Daniel Gallagher of Mayer Brown LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
In Broadcom v. Emulex, the Federal Circuit hewed closely to its old bias in favor of injunctions. Its facile reasoning bodes well for patentees in future cases, but departs from its recent, less plaintiff-friendly decisions establishing a “causal nexus” requirement in the battle between Apple Inc. and Samsung Electronics Co. Ltd. Failure by one panel to follow the holding of another panel of the same court is error, say attorneys with Day Pitney LLP.
Recent media coverage has highlighted the use of non-U.S. entities by U.S.-based multinational companies to conduct intellectual property operations and own intangible property related to their businesses. This ownership structure can be particularly advantageous if the non-U.S. affiliate is located in a jurisdiction with which the United States has entered into a tax treaty, say Sang Ji and Steven Gee of White & Case LLP.