The Federal Circuit on Wednesday shot down Lupin Ltd. and Amneal Pharmaceuticals LLC’s bid to reverse a lower court’s finding that Warner Chilcott Co. LLC’s patent for the oral contraceptive Lo Loestrin Fe wasn’t shown to be obvious, finding the appellants’ arguments “unpersuasive.”
SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.
Tessera Inc. is pushing a California federal judge to enforce a $30 million settlement it reached in February with Advanced Semiconductor Engineering Inc. in a patent-infringement suit, claiming ASE has “settler's remorse” and asking the court to call off a Nov. 10 trial, according to filings this week.
A California federal judge has ordered Apple Inc. to hand over a damage analysis from its nearly $1 billion victory over Samsung Electronic Co. Ltd., granting patent group Unwired Planet LLC a victory in its battle with Apple Inc. over mobile device patents.
The Federal Circuit on Wednesday upheld a $1.5 million judgment against Pulse Electronics Corp. for infringing three Halo Electronics Inc. transformer patents used in domestic products, but said that U.S. patent laws don't apply to units sold internationally even if negotiations for foreign sales occurred in the U.S.
A California federal judge Wednesday said he'd likely toss a former Brian Jonestown Massacre guitarist's countersuit in a spat over who owns the copyright to several of the rock band's works, including one used on “Boardwalk Empire,” saying the guitarist needed to be clearer in his pleadings.
Lexmark International Inc. on Tuesday urged the Federal Circuit to overturn a decision that the company’s inkjet cartridge return program is invalid under patent law, arguing that a U.S. Supreme Court ruling the lower court relied on did not overrule the appeals court’s previous finding on restricted sales.
Apple Inc. triumphed in GPNE Corp.'s $94 million patent trial Wednesday when a California federal jury unanimously found that the tech titan's iPhones and iPads didn't infringe two data-communications patents, though Apple failed to convince jurors that those patents are invalid.
A Pennsylvania lawyer representing a stonework company that sued the Young Law Group in state court for taking on a trademark case without solid knowledge of intellectual property law has withdrawn accusations that an attorney at the firm forged a signature on a settlement agreement.
Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.
Google Inc. on Tuesday became the latest company to urge a Delaware bankruptcy judge to reject a bid by defunct Nortel Networks Inc. to grant it protection against subpoenas it has received in connection with patent infringement litigation involving Rockstar Consortium LP, the buyer of Nortel's patent portfolio.
Google Inc., Apple Inc., and Amazon.com Inc. were among several tech businesses sued on Tuesday in Texas federal court by Vantage Point Technology Inc., which claims services such as Google Drive and iCloud violate a patent covering a method for transferring documents over the Internet.
A Walgreen Co. executive testified Wednesday at a pay-for-delay trial over AstraZeneca PLC’s Nexium that the heartburn treatment did face competition for prescriptions from several other similar drugs, but emphasized that cheaper generic versions were only available for a few lower dosages.
The federal government has urged the U.S. Supreme Court to take up Commil USA LLC’s petition over whether parties accused of inducing infringement should be able to use a good-faith belief in a patent’s invalidity as a defense, saying that such a holding undermines the Patent Act’s effectiveness.
The U.S. International Trade Commission has agreed to review a pair of claim constructions made in a case alleging sleep disorder devices imported by BMC Medical Co. violated patents held by ResMed Corp., according to a notice published in Wednesday's Federal Register.
"The Godfather: Part II" and "Goodfellas" actor Frank Sivero slapped Fox Television Studios Inc. with a $250 million intellectual property suit in California state court on Tuesday, claiming a mobster character on Fox's "The Simpsons" is based on his performances in those films.
An Illinois federal judge on Tuesday threatened possible sanctions against the great-grandchildren of an actress who played Aunt Jemima in their $2 billion royalty suit against PepsiCo. Inc., denying their request to exhume their grandmother because it was based on a parody obituary.
A New York federal judge, citing concerns of competitive disadvantage, on Tuesday ordered that profit projections and other financial information remain confidential in the New York attorney general's suit accusing Actavis PLC and Forest Laboratories LLC of product-hopping antitrust claims over dementia drug Namenda.
A former Yahoo Inc. employee must face a suit alleging he stole a patent from the tech giant when he founded his own startup, a California judge ruled Tuesday rejecting the ex-worker’s argument that Yahoo’s trade secrets and patent suit violated his free speech rights.
Ericsson Inc. urged the Federal Circuit on Monday to use an appeal by Apple Inc. that seeks to bar Samsung Electronics Co. Ltd. from including features in its smartphones that a jury found to infringe Apple's patents to clarify proof requirements for patent holders seeking injunctions.
Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.
The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.
Due to the popularity of inter partes review and covered business method review and the likelihood of appeal, it is important to realize while in an IPR or CBM that you are functionally fighting two battles — the one at hand and the Federal Circuit one likely to follow, say Erin Dunston and Philip Hirschhorn of Buchanan Ingersoll & Rooney PC.
For many litigators and in-house counsel who regularly deal with utility patents, the design patent is less familiar territory. But design patents can be a valuable tool. Inventors should consider protecting both the overall design and designs of specific components, as both may implicate substantial damages if infringed, say Scott Breedlove and Seth Lindner of Vinson & Elkins LLP.
By better understanding and considering the research institution’s infrastructure and policies upfront, attorneys and executives can identify and address issues that could otherwise derail partnerships with a for-profit corporation, and thus foster successful collaboration, say attorneys with Greenberg Traurig LLP.
The U.S. is the only country in the world where standard juries are used in patent cases. With patent trolls imposing huge costs on the economy and crippling our power to innovate, Americans should be willing to consider major changes in how we decide patent cases, says William Watkins, a research fellow at The Independent Institute.
Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.
For many years, preliminary injunctions have long been the standard remedy of choice to challenge and stop trademark infringements at an early stage, but that long tradition may be in for a big change, says Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.
While the U.S. Patent and Trademark Office and patent practitioners continue to grapple with the U.S. Supreme Court’s Alice v. CLS Bank decision, last month two panels of the Patent Trial and Appeal Board issued decisions in covered business method patent reviews that illustrate very different approaches to the Section 101 inquiry, say attorneys with Goodwin Procter LLP.
Although many may associate patent litigation with a proliferation of stratospheric jury verdicts, these preconceptions are most often wrong. Few patent cases go to trial, and fewer result in any damages, let alone the kind that make headlines. Let's look at the numbers, says Brian Howard, co-author of the Lex Machina Patent Litigation Damages Report.