There continues to be deep confusion concerning remedies, in particular the calculation of damages, in patent law. This is especially challenging in the case of patents that claim only part of a multicomponent product — a typical scenario in core innovation markets, says Jonathan Barnett of the University of Southern California's Gould School of Law.
The New York attorney general has urged a federal judge to block Actavis PLC from pulling its widely used dementia drug Namenda from the market until the office's antitrust suit concludes, while the drugmaker countered that the standards required for an injunction have not been met.
Several intellectual property academics and a medical device association urged the Federal Circuit to rethink its decision to invalidate two patents and elimiante a $30.5 million verdict against Google Inc. and others, claiming that the court should mull how much deference to give juries in such cases.
A California federal judge voiced skepticism Thursday over Adobe Systems Inc.'s request for enhanced damages in a lawsuit accusing Wowza Media Systems LLC of infringing Flash encryption patents, saying Thursday that he didn't think Wowza executives' hacking of Adobe's software was enough to prove willful infringement.
A Delaware federal judge invalidated part of a DNA technology patent Genetic Technologies Ltd. accused Bristol-Myers Squibb Co. and a Sanofi-Aventis SA unit of infringing because it merely described a natural law, dooming the claim under the U.S. Supreme Court’s landmark Mayo v. Prometheus decision.
Merck KGaA unit EMD Millipore Corp. urged the Federal Circuit to reconsider its decision that rival AllPure Technologies Inc. didn't infringe a device patent for withdrawing fluid from a container, saying Wednesday that the panel’s decision was contrary to “well-settled law” on prosecution history estoppel.
The Federal Circuit on Wednesday consolidated two appeals by Samsung Electronics Co. Ltd. in its $930 million patent-infringement fight with Apple Inc., one disputing a judgment for damages stemming from a jury’s infringement verdict and the other challenging $1.9 million in court costs.
Coupons.com Inc. won’t have to fork over $6.7 million in royalties to Document Security Systems Inc. now that a New York federal judge granted the company summary judgment Tuesday in a battle over the use of counterfeit coupon detection technology.
Louis Vuitton Moet Hennessy Inc. wants the Ninth Circuit to immediately weigh in on whether a Los Angeles jeweler can claim the term “Red Gold” as a trademark, saying a district judge issued an aberrational ruling that a generic term could transform into a trademark.
The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.
K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.
The Eleventh Circuit on Thursday sent to arbitration a dispute brought by U.S. Nutraceuticals LLC alleging that microalgae products maker Cyanotech Corp. breached an agreement by stealing confidential information.
A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.
A Maryland federal judge on Wednesday allowed Paice LLC to share a confidential deal licensing patents to Toyota Motor Co. with its co-plaintiff in their suit accusing Hyundai Motor Co. and Kia Motors Corp. of ripping off their hybrid vehicle technology.
A Florida judge on Wednesday allowed copyright and breach of contract claims against KC and the Sunshine Band by the estate of a former band member to go forward, while dismissing claims the band and its publishers breached fiduciary duty and misappropriated his image.
A California federal judge has invalidated three patents on computerized methods of cataloging photos of participants in marathons and other sporting events, finding that they claim nothing more than an abstract idea under the U.S. Supreme Court's Alice Corp. decision.
A California federal judge formally denied Robin Thicke and Pharrell Williams a quick win Thursday in the lawsuit over whether they lifted aspects of “Blurred Lines” from Marvin Gaye, saying the R&B legend's heirs might have a case.
Pillsbury Winthrop Shaw Pittman LLP has bolstered its intellectual property practice with the addition of a former U.S. International Trade Commission investigator from Goodwin Procter LLP, the firm announced Wednesday.
A U.S. International Trade Commission administrative law judge on Wednesday found that grills imported from China by a number of major U.S. retailers, including Sears Roebuck & Co., infringed patents for a two-in-one grill.
The judge presiding over GT Advanced Technologies Inc.’s secretive bankruptcy on Thursday endangered a settlement of the contract dispute with Apple Inc. that destroyed GT's business, saying that a key document both companies want sealed should be made public.
There is confusion regarding the right of publicity because so many courts disagree with one another. That lack of consensus has deepened with a recent Minnesota federal court's decision in Dryer v. National Football League, which differs in important respects from a 2010 opinion from that same court, says Ronald Katz of Manatt Phelps & Phillips LLP.
Four months ago, the U.S. Supreme Court decided Alice Corp. v. CLS Bank. Since then, patent challengers have routinely and successfully invalidated claims under Section 101 by applying Alice. The decision could prove to be a significant weapon against software and business method patents, says Brian McCall of Merchant & Gould PC.
Large companies may tend to gravitate toward post-grant review, inter partes review or litigation for challenges to competitor's patents, but the relative cost of third-party submissions of art should be appealing to all potential challengers, say Sherry Murphy and Shawna Lemon of Myers Bigel Sibley & Sajovec PA.
While many of the changes in the latest European Patent Office guidelines reflect the current practice of the EPO’s boards of appeal, they also suggest that the first-instance departments of the EPO may be moving toward a less rigid and formalistic approach to some issues, say Philip Cupitt and Hazel Ford of Finnegan Henderson Farabow Garrett & Dunner LLP.
As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.
Limiting validity challenges to novelty or obviousness in inter partes reviews is a significant drawback to petitioners. One possible way of skirting this restriction, in certain circumstances, may be to challenge the priority claim of a patent, say attorneys with Sterne Kessler Goldstein & Fox PLLC.
The delay at the U.S. Patent and Trademark Office continues to be quite long, but fortunately the USPTO offers four options that allow most every patent applicant to significantly advance the pace of patent prosecution. While each of these programs has specific requirements for entry, those requirements are within the control of the applicant, say Rory Pheiffer and Lauren Ingegneri of Nutter McClennen & Fish LLP.
After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.
As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.
Not surprisingly, it took a while before the first petitions for post-grant review were filed, but LaRose Industries LLC and Toys “R” Us-Delaware Inc. filed in August, and Accord Healthcare Inc. filed in September. If one or both petitions are granted, one question will be whether the Patent Trial and Appeal Board will be able to issue a decision within the mandatory 12-18 months, says Lisa Mueller of Michael Best & Friedrich LLP.