Oracle America Inc. urged a California federal judge on Monday to rule that Terix Computer Company Inc. infringed its software copyrights by illegally downloading software patches in order to “steal” customers and provide them with third-party support for Oracle’s Solaris operating system and related software.
A Delaware federal jury on Monday found that Motorola Mobility LLC infringed an Intellectual Ventures LLC patent, giving the nonpracticing entity its second victory in as many weeks.
A California federal judge overseeing a copyright suit against rapper Jay-Z over an Egyptian song sampled in “Big Pimpin” tentatively rejected a bid Monday to slash the rapper’s affirmative defenses, ruling it’s up to a jury to decide if Jay-Z holds a valid license to use the sampled tune.
A New Jersey federal judge on Friday found that Purdue Pharmaceutical Products LP’s three patents for sleep aid Intermezzo are invalid for obviousness, granting a win to Actavis Elizabeth LLC, Novel Laboratories Inc. and others who Purdue sued over their plans to market their own generic versions of the drug.
Travelers Indemnity Co. kicked off an insurance industry trademark showdown Friday, filing a lawsuit against Farmers Group Inc. that will pit Traveler’s trademark rights in its famed red umbrella logo against the rival’s marketing for “umbrella insurance.”
Ranbaxy Inc. has asked the D.C. Circuit to overturn a federal court’s upholding of a “historically unprecedented” decision by the U.S. Food and Drug Administration to strip the pharmaceutical giant of tentative approvals for two generics.
The U.S. Supreme Court on Monday rejected the University of New Mexico’s challenge of a decision that a patent co-owner’s ability to impede an infringement suit is a “substantive right” that supersedes a federal procedural rule allowing courts to join required parties involuntarily.
An underwear model who sued Dillard's Inc. and a modeling agency for using his image on underwear packaging without his permission was left empty handed after a Texas appeals court nixed his $4,500 jury award, ruling the statute of limitations had passed on his claim.
Cresta Technology Corp. on Thursday filed a public version of its U.S. International Trade Commission petition urging review of a decision finding Samsung Electronics Co. Ltd. and other TV manufacturers did not infringe two of its silicon TV tuner patents.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald's takes on lobster macaroni and cheese, Amazon "fires" at unauthorized smartphone cases, and it "ain't no big surprise" that Neil Diamond is taking on a "Sweet Caroline" imposter.
Accused Bluetooth patent infringer Marvell Semiconductor Inc. continued its push for the U.S. Supreme Court to review a Federal Circuit ruling that vacated the patent licensor’s stipulation of noninfringement, arguing the decision can’t be squared with the high court’s Teva ruling.
In-house counsel for IBM Corp., United Technologies Corp. Aerospace Systems, Juniper Networks Inc. and others said at a conference Friday that they are worried that a bill in Congress aimed at thwarting so-called patent trolls will actually weaken all patents and hurt their business.
Wells Fargo Insurance Services USA Inc., sued over trade secrets an executive allegedly stole from former employer Hylant Group Inc., launched counterclaims Thursday that a former Wells Fargo employee now working at the rival insurance brokerage disclosed trade secrets and solicited customers and staff from Wells Fargo.
A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.
The U.S. International Trade Commission has announced an investigation into claims that certain lithium metal oxide cathode materials and lithium metal-ion batteries used in power tools infringe patents asserted by BASF Corp. and UChicago Argonne LLC.
Microsoft Corp., CVS Caremark Corp., JPMorgan Chase & Co., Wells Fargo Bank NA and HEB Grocery Co. LP were sued Thursday in Texas federal court over claims that they ripped off a patented geolocation system.
Ford Motor Co. beat a $275 million patent infringement suit on Thursday when a Washington federal jury found that the automaker did not infringe four electric systems patents asserted by Eagle Harbor Holdings LLC, which was also found liable for misappropriating Ford's trade secrets.
Claims that Michigan-based Rader Fishman & Grauer PLLC co-founder Ralph Rader bilked nearly $2 million from the intellectual property boutique have been settled as of Friday, as have Rader’s claims that the firm owes him $1.6 million related to his exit after a stroke.
After much cajoling from a litany of business groups, the U.S. government has begun pressing China to shed more light on the controversial rules placing restrictions the use of foreign technology in its banking sector, according to a World Trade Organization document circulated Thursday.
A company representing cable television producers urged a D.C. Circuit panel Friday to nix a Copyright Royalty Board decision allegedly stiffing it on millions in broadcast royalties from 2000 to 2003, saying the CRB arbitrarily gave Motion Picture Association of America most of the revenue.
Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or key stroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.
The Section 365(c)(1) "hypothetical test" adopted by the Third Circuit remains an obstacle for debtors that simply wish to keep their intellectual property licenses. A Trump Entertainment Resorts Inc. opinion, however, hints at the role Section 365(f)(1) can play in limiting the reach of the hypothetical test, says Debra McElligott of Weil Gotshal & Manges LLP.
Because of the new significance attached to evidentiary categories in determining the standard of appellate review, the U.S. Supreme Court's recent decision in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. puts a renewed focus on the criteria that the Federal Circuit applies in determining whether extrinsic evidence may be relied upon, say Christopher M.P. Jackson and Mina S. Reiman of Cohen & Gresser LLP.
For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.
If the Federal Circuit’s decision is affirmed by the U.S. Supreme Court in Commil USA LLC v. Cisco Systems Inc. — set for oral argument Tuesday — it may all but eliminate induced infringement under Section 271(b) as a viable theory of infringement liability, says Matthew Berkowitz of Kenyon & Kenyon LLP.
On the heels of initiatives by other states, Texas may soon have its own statute addressing demand letters that allege patent infringement. Of particular interest in the recently filed bill are the registration and disclosure requirements for certain patent infringement claims, says Richard Smith, an intellectual property attorney.
Perhaps most frustrating about the decision in B&B Hardware Inc. v. Hargis Industries Inc. was the U.S. Supreme Court's dismissive approach to the very real concern that Trademark Trial and Appeal Board proceedings are incredibly different from district court infringement cases, says Jane Shay Wald of Irell & Manella LLP.
Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.
The launch of the .sucks generic top-level domain is of particular concern to brand owners. But all is not necessarily lost for companies who are not willing or able to purchase domain names in the .sucks registry, say Andrea Calvaruso and Ana Correa of Kelley Drye & Warren LLP.
Just like Alice used magical tonics to escape from her predicaments in Wonderland, patent practitioners can create a potion to escape misguided application of the U.S. Supreme Court's Alice test for subject matter eligibility. To discover the ingredients, we must embark on a tour of post-Alice decisions from the Federal Circuit, district court and Patent Trial and Appeal Board, says Ji-Yong Chung, an attorney with Snyder Clark Lesc... (continued)