Lexington Insurance Co., Crum & Forster Specialty Insurance Co. and Evanston Insurance Co. have told the Ninth Circuit that they've reached a settlement in principle in their dispute over coverage for legal fees in MGA Entertainment Inc.'s Bratz doll trade secrets fight with Mattel Inc.
Restaurants and hotels across the country increasingly are targets for so-called patent trolls accusing them of infringing technology patents. Here are three steps experts say attorneys can take to help hospitality clients prevent abusive lawsuits or deal with an existing case.
Bankrupt drugmaker K-V Pharmaceutical Co. on Friday urged a D.C. Circuit panel to prevent the U.S. Food and Drug Administration from allowing unapproved compounding ingredients into the country that are used to create products that compete with its prenatal drug Makena, alleging the agency has encouraged unlawful behavior.
Swiss security corporation Tyco Fire & Security GmbH on Wednesday filed a complaint with the U.S. International Trade Commission seeking to ban the importation of electronic tags used in retail store security systems that it claims infringe a pair of its patents.
Conservative pundit Sarah Palin fired back Friday at claims she infringed a New Jersey newspaper's famous photo of firemen raising an American flag on Sept. 11 by posting it to her Facebook wall, calling the posting a legal fair use.
Reed Smith LLP said Tuesday it has picked up a Wilson Sonsini Goodrich & Rosati PC attorney who has counseled Silicon Valley companies on technology transactions and intellectual property issues, and worked on renewable energy matters for the firm’s office in the region.
Apple Inc. and Samsung Electronics Co. took aim at each other's patent infringement and invalidity allegations in a San Jose courtroom Thursday, each hoping to convince a California federal judge to grant it a win that could narrow or halt a March jury trial in their closely watched patent fight over newer smartphones.
CBS Interactive Inc. agreed Tuesday to settle claims it infringed patents for cataloging and organizing digital multimedia with the episodes and clips streaming on its website, according to a motion filed in Delaware federal court.
A Texas appeals court on Wednesday held Ricochet Energy Inc. doesn’t have to indemnify its co-founder for a $5 million jury verdict stemming from his alleged theft of a seismic map from the company that he used to drain an oil and gas reservoir Ricochet planned to develop.
A Federal Circuit panel on Thursday affirmed a lower court’s noninfringement judgment in an Acacia Research Corp. unit’s suit against Dell Inc., Hewlett-Packard Co. and other electronics giants over a patent relating to computer power management.
Aereo Inc. said Thursday that it wouldn't oppose a bid by the nation's broadcasters for U.S. Supreme Court review of the company's controversial online television service, saying it wanted final resolution to avoid the networks' "wasteful war of attrition."
Novartis AG has reached a tentative settlement of its patent infringement suit over Accord Healthcare Inc. USA’s pursuit of government approval for a generic form of the drug Myfortic, which prevents patients from rejecting transplanted organs, according to a joint motion filed Thursday in D.C. federal court.
Authorities for the U.S. Department of Justice on Thursday sought arrest warrants for a pair of Chinese agricultural scientists, alleging that they conspired to steal cutting-edge seeds containing recombinant proteins from a biopharmaceutical company in order to give researchers in their home country a competitive advantage.
The Federal Trade Commission's pay-for-delay case against Actavis Inc. and other drugmakers is now set to resume nearly six months after the U.S. Supreme Court revived the suit, with a Georgia judge on Tuesday giving the defendants 21 days to respond to the watchdog's complaint.
Time Warner Cable Inc. was hit with a patent infringement suit in Texas federal court on Wednesday by a unit of Rockstar Consortium LP, the patent licensing group of tech giants including Apple Inc. and Microsoft Inc. that acquired bankrupt Nortel Networks Corp.'s highly coveted patent portfolio for $4.5 billion in 2011.
The U.S. solicitor general on Thursday urged the U.S. Supreme Court to grant Limelight Networks Inc.’s appeal of the Federal Circuit’s sharply divided decision that expanded liability for induced infringement in patent litigation, also saying Akamai Technologies Inc.’s conditional cross-petition should be denied.
A small British music publisher hit pop star Ariana Grande, Sony/ATV Music Publishing, Universal Music Group and others with a copyright infringement lawsuit Wednesday, claiming Grande's “The Way” stole lyrics from a '70s funk tune.
Samsung Electronics Co. on Thursday reportedly lost its South Korean lawsuit claiming that certain models of archrival Apple Inc.’s iPhone and iPad infringed three of its patents, in the latest blow to the Seoul-based smartphone maker.
A California federal judge Wednesday threw out a Chinese inventor's claims that Google Inc., Blockbuster LLC and others infringed his patent on a program that protects software from unauthorized use, finding that a payment-related limitation he added isn’t supported by the patent.
U.S. District Judge Jed Rakoff on Wednesday set the royalty percentage Nintendo Co. Ltd. owes Tomita Technologies International Ltd. for using Tomita’s patented camera technology in its 3DS gaming system, ruling a flat amount per device would be an “unearned windfall” for Tomita as prices decline.
Sandoz Inc. v. Amgen Inc. is significant since it is the first reported decision involving the Biologics Price Competition and Innovation Act, and because it holds that biosimilar applicants cannot avoid the patent exchange and other rules set forth in the Public Health Service Act by filing a declaratory judgment action at an earlier time not envisaged by the BPCIA, says Peter Reichertz of Sheppard Mullin Richter & Hampton LLP.
In 2013, nearly 10 percent of Section 337 investigations involved nonstatutory causes of action. Although these are clearly still in the minority, the recent growth in such investigations may indicate a trend toward greater utilization of nonstatutory causes of action at the U.S. International Trade Commission, say attorneys with Oblon Spivak McClelland Maier and Neustadt LLP.
In 2013, there were several interesting design rights decisions. In the Groeneveld Transport Efficiency Inc. case, the Sixth Circuit did little to settle the muddled precedent for establishing nonfunctionality for trade dress. And while the Federal Circuit's decision in the High Point Design LLC case provides clarity to the obviousness analysis of a design patent in one regard, it potentially further confuses the analysis in another regard, says Richard McKenna of Foley & Lardner LLP.
Cross-examination is not for the faint of heart — even an experienced trial lawyer may feel a surge of adrenaline facing a hostile witness and the unpredictable exchange that is inherent in cross-examination. If you follow the five laws of cross-examination, you will have a better chance of controlling the exchange, say Dawn Solowey and Lynn Kappelman of Seyfarth Shaw LLP.
In Jaffé v. Samsung Electronics, the Fourth Circuit joined the Fifth Circuit in concluding that Bankruptcy Code § 1522(a) requires balancing the interests of a foreign debtor and its creditors when considering whether to apply a foreign law. The facts of the case — particularly with respect to the unique semiconductor industry cross-licensing practice — appeared to play a significant role in the court's reasoning, say attorneys with Hunton & Williams LLP.
In the past year, small senior users alleging reverse confusion against large companies have been on the losing end in most decisions. A possible common thread in 2013 reverse confusion cases is a reluctance by courts to find senior trademarks conceptually strong. Courts are also placing significant weight on evidence of third-party use, say Floyd Mandell and John Whitaker of Katten Muchin Rosenman LLP.
Once brand owners have reviewed the list of new generic top-level domains and their launch dates, they would be well suited to ring in the New Year with a proactive mindset. Gear up to P.O.L.I.C.E. your marks by focusing on planning, offense, leverage, informed defense, the clearinghouse and economics, say attorneys with Bracewell & Giuliani LLP.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
Increased filing fees, added discovery, use of experts and other trial aspects have led to inter partes review costs equivalent to simple court litigation. However, if a nonpracticing entity is willing to settle for this same amount or less than the cost of a normal inter partes review, which is often the case, a budget inter partes review should be considered, says Paul Haughey of Kilpatrick Townsend & Stockton LLP.
Ongoing antitrust disputes in the sports-licensing context involving the NFL and its teams, and the National Collegiate Athletic Association and its member institutions, could have a profound effect on the business of professional and collegiate sports in 2014 and beyond, says Miriam Vishio of Dickstein Shapiro LLP.