The Patent Trial and Appeal Board on Thursday invalidated numerous claims in two Leak Surveys Inc. patents related to a system for detecting gas leaks, handing a victory to FLIR Systems Inc. as it faces a pending infringement suit.
Energy industry services provider Power Equipment Maintenance Inc. won a $30 million jury verdict Thursday in a Georgia suit alleging its former president and others misappropriated trade secrets, breached various contracts and tried to poach customers when they bolted for rival entities backed by private equity group Azalea Capital.
Nonpracticing entity TVIIM LLC, which unsuccessfully sued McAfee Inc. over a computer security patent, sought a new trial Thursday and blasted the software maker's "wholly baseless" bid for $1.8 million in fees, saying the motion failed to justify the request and is "loaded with vitriol and ad hominem attacks."
Trademark examiners have agreed to allow the embattled nonprofit that owns the “World Trade Center” name register it as a trademark for merchandise — but only with the proviso that the group not have a monopoly on products that commemorate the 9/11 attacks.
Nike Inc. defeated former NFL linebacker Shawne Merriman’s bid to block the athletic wear company from selling gear under his trademarked “Lights Out” nickname, or from allowing a retailer to use that mark, according to an order filed Friday in California federal court.
A Delaware federal judge on Friday rejected Google Inc.’s renewed motion for sanctions and attorneys’ fees against Walker Digital LLC and its attorneys from Russ August & Kabat for filing a patent suit over Google AdWords, saying that Walker Digital's infringement theory was objectively reasonable.
Michael Best & Friedrich LLP has hired a seven-lawyer team of copyright, patent and trademark experts from intellectual property boutique Fishman Stewart Yamaguchi PLLC to bolster the firm's Washington, D.C., office, the firm announced Thursday.
Marvell Technology Group Ltd. and Carnegie Mellon University may disagree over a Federal Circuit panel ripping up a record $1.54 billion judgment in their disk drive patent suit, but they both want the full appellate court to review the decision.
Akin Gump Strauss Hauer & Feld LLP has hired two new partners: an ex-Ropes & Gray LLP patent infringement expert and a labor specialist who is returning to Akin Gump after serving as 24 Hour Fitness Inc.’s general counsel.
A Federal Circuit panel correctly threw out $100 million of a $124 million patent verdict by a jury in July because the Schlumberger Ltd. unit’s “lost profits” were from overseas use by foreign third parties, Ion Geophysical Corp. told the full circuit court Thursday.
The Texas Supreme Court on Friday agreed to review a trial ruling that a Southwestern Energy Co. unit owes $11.4 million to a pair of researchers for illegally profiting off their work, after the company argued the claims were time-barred and the damages unproven.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lego goes after a toy company over its bid to register a "brick"-related mark, Microsoft takes exception to LG's "WinOZ" application, and Adidas continues its three-stripe trademark offensive.
A Maryland federal judge on Wednesday held that two mobile banking patents being asserted by Intellectual Ventures I LLC against Capital One Financial Corp. in a patent infringement and antitrust case are invalid as they claim abstract ideas under the U.S. Supreme Court's Alice standard.
The Federal Circuit affirmed a decision Friday that a patent for preventing unauthorized recording of copyrighted material is invalid as indefinite because it does not describe a structure for performing the claimed function, in a win for accused infringer Capital One Financial Corp.
A merchandise company accused of violating federal trademark laws by selling T-shirts featuring an image of late reggae icon Bob Marley has petitioned the U.S. Supreme Court to review a Ninth Circuit decision holding that a judgment against the retailer was supported by evidence.
The Federal Circuit on Friday affirmed a Patent Trial and Appeal Board decision leaving intact a National Graphics Inc. patent on making plastic items in an America Invents Act review, ruling that challenger Dynamic Drinkware LLC failed to show that the invention was anticipated by an earlier patent.
Motorola Mobility LLC urged a California federal judge Thursday to undo a jury’s May decision that it owed Fujifilm Corp. more than $10 million for infringing a patent on converting digital photos to monochrome, arguing there is no evidence to support the verdict.
The U.S. Trade Representative on Thursday outlined progress made at a recent session in Maui, Hawaii, to wrap up the landmark 12-nation Trans-Pacific Partnership, painting an optimistic picture of the pact’s prospects and achievements in areas such as intellectual property, labor and environmental protections.
A Delaware federal judge on Wednesday tossed a patent infringement suit against Sprint Corp., T-Mobile US Inc. and other carriers for using a method of sending communications between different types of media, ruling the technology is a “translator” and as such unpatentable under the U.S. Supreme Court’s Alice decision.
A Delaware federal judge on Friday quashed TRW Automotive Holdings Corp.’s effort to escape a Bridgestone Americas Inc. unit’s patent suit, rejecting TRW’s contention that its competitor signed away its rights to sue over the at-issue tire pressure monitoring patents.
The U.S. Patent and Trademark Office's new pilot program permitting the amendment of trademark registrations, in limited circumstances, to reflect evolving technology should encourage trademark owners to dust off and review their portfolios to see if they own any floppy disk or video cassette registrations, says Dickerson Downing of Downing IP Law.
The law regarding the effect of a later-issued patent is not as bad as it might at first appear to the holder of the earlier patent. And a later-issued patent might be no more probative of noninfringement than of infringement, as the real defendant learned the hard way in the recent design patent and trade dress infringement case of OraLabs Inc. v. The Kind Group LLC, say John Froemming and Tracy Stitt of Jones Day.
Following our recent Law360 guest column on reasonable royalty damages and Good Technology Corporation v. MobileIron Inc., we wish to clarify our position on the meaning of “incremental benefits,” the relevance of incremental benefits for the determination of reasonable royalty damages and the wisdom of using Daubert challenges to exclude damages assessments based on an incremental benefits analysis, say Michael Chapman and John Ja... (continued)
Some thought that the America Invents Act would breathe life into the prior user rights defense. Four years later, research shows that the defense remains unpopular. Why? Some accused infringers may be deterred from relying on the defense, even when it is applicable, by certain practical difficulties and strategic concerns that come along with it, says Coby Nixon of Taylor English Duma LLP.
In just the first 10 days of July, there were 12 federal court decisions on patent eligibility under Section 101. By the end of July there were 21 decisions, with 17 — 81 percent — invalidating 36 patents, says Robert Sachs of Fenwick & West LLP.
Until recently, some uncertainty existed as to whether the use of bargaining theory was a permissible approach to modeling the hypothetical negotiations appearing in intellectual property litigation. A recent ruling by a Texas federal court, however, provides new insight into the standards applied by the Federal Circuit in determining whether a bargaining model is admissible, say Jeffrey Klenk and Richard Higgins of Berkeley Research Group LLC.
In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.
Commentators have overlooked the larger implication of the recent Microsoft Corp. v. Motorola Inc. opinion — the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a reasonable and nondiscriminatory royalty articulated last year in Ericsson Inc. v. D‑Link Systems Inc., says Gregory Sidak, chairman of Criterion Economics LLC.
In Ariosa Diagnostics Inc. v. Sequenom Inc., Federal Circuit Judge Richard Linn spoke effusively about a groundbreaking invention useful in noninvasive prenatal testing that was “deserving of patent protection.” He wrote this in an opinion concurring that the invention was ineligible for patent protection. Who is responsible for such a seemingly anomalous result? asks David Gass of Marshall Gerstein & Borun LLP.
Two recent district court decisions in Kansas and Washington provide insight regarding the circumstances in which courts may extend the term of a restrictive covenant beyond the time period specified in an employment agreement, say Mark Edgarton and Sophie Wang of Choate Hall & Stewart LLP.