Patent trials are a major undertaking with millions of dollars at stake and complex technology to sort through, so a blunder by an attorney presenting the case to jurors can be devastating. Here are some of the biggest mistakes attorneys make during patent trials and how to avoid them.
A virtual reality startup that has received backing from Google, Qualcomm and Warner Bros. has sued two of its former top executives in California federal court, saying the pair stole trade secrets and plotted to start a rival company.
A Canadian biotech firm recently hit with a $70 million verdict in a patent and trade secrets lawsuit won a reprieve on one of the suit’s two pending claims Friday, when a federal judge ruled it wasn’t liable for unfair business practices under Massachusetts law because most of the harm occurred in Canada.
The Patent Trial and Appeal Board held Thursday that two more of Smartflash LLC’s media storage patents, which a jury found Apple Inc. infringed, contain claims that are invalid under the U.S. Supreme Court’s Alice ruling.
A Delaware federal judge on Friday tossed Visual Memory LLC’s patent infringement suit against graphics chip maker Nvidia Corp., ruling that the Federal Circuit’s recent Enfish ruling doesn’t save Visual Memory’s patents from being invalid under the high court’s Alice decision.
Attorneys for rap group the Beastie Boys argued in New York federal court on Thursday that a small record label is on the hook for $845,000 in attorneys’ fees, saying that the label is responsible for its “baseless” claims that the group violated copyright laws with samples from a funk group’s songs.
An inventor whose too-long brief cost her an appeal in a patent suit against JPMorgan Chase & Co. struck out again at the Federal Circuit when the court ruled Friday she had jumped the gun in taking a reexamination appeal there instead of the Patent Trial and Appeal Board.
A California federal judge refused Thursday to find that Ericsson Inc. charged a Chinese mobile phone developer an excessive rate for standard-essential patents for wireless technology, saying it would be unfair to apply an arbitration decision issued in a licensing dispute between Ericsson and another company.
A pesticide company urged the Ninth Circuit Thursday to reverse an Oregon federal court's decision that Crum & Forster and two other insurers don't have to cover its settlement of litigation accusing it of misusing a business partner's trademark, asserting that the underlying suit claims an advertising injury falling within the insurers' policies.
The Federal Circuit on Friday affirmed that Shell Oil Co. did not infringe an engineer's patent on a process for producing benzene because the company's benzene is purer than what can be produced by the patented method.
The Patent Trial and Appeal Board ruled Thursday that the Federal Circuit’s recent Enfish decision means that a Mirror Worlds document management patent asserted against Apple is not a patent-ineligible abstract idea, ahead of a July trial in the Eastern District of Texas.
Akin Gump Strauss Hauer & Feld LLP will soon be shuttering its small, intellectual property-focused Austin, Texas, office, as two of its leading partners there have announced they will be leaving the firm.
Auto parts suppliers Valeo North America Inc. and Trico Products Corp. have settled all intellectual property litigation pending between the companies over windshield wiper technology in the U.S., Valeo recently announced.
With a Thursday jury verdict that Google’s use of Oracle’s copyrighted Java software code was protected by the fair use doctrine, the tech giant and its supporters won a huge battle, but the war is far from over.
Walgreen, Rite Aid and other retailers urged the Third Circuit Friday to revive claims that Pfizer paid Ranbaxy to postpone releasing a generic of the cholesterol drug Lipitor and said Pfizer’s argument that the case should go to the Federal Circuit if the district court’s dismissal is overturned is incorrect.
Ace American Insurance Co. says it owes no repayment to Dish Network for any money the satcaster spent hashing out numerous copyright battles with television broadcasters over its ad-skipping, place-shifting Hopper DVR, according to a complaint filed in Colorado federal court on Thursday.
A Delaware jury determined Friday that the technology used by Google Earth to display refined images of the planet does not infringe the patent of a German tech company and found the patent to be invalid over prior art.
Hernia mesh manufacturer Tela Bio Inc. told a New Jersey federal judge on Thursday that its insurance company is required to cover its defense costs in a trade secret infringement suit, saying allegations rise to the level of defamation covered under its policy.
A jury of seven men and one woman began deliberating Friday in the trial over the technology used by Google Earth to render high-resolution images of the earth, which a German tech company said infringes its patent.
Singer Whitney Houston's estate pushed back on an $11 million Internal Revenue Service tax bill in a tax court filing, maintaining that the agency overvalued record royalties, publicity rights and other intellectual property by more than $22 million.
As a high school student in the 1970s, Joseph Re would hear his father, a federal New York judge, discuss the patent cases he occasionally heard, which spawned his interest in the intellectual property field where he is now a nationally recognized attorney known for handling high-stakes patent cases.
The California federal jury's decision last week in Oracle v. Google is likely a relief to developers who risk a lawsuit when they fail to negotiate a potentially costly license. But while the case may decide the future of software development, for the time being there is no profound change, say Erik Kane and Susanna Lichter of Kenyon & Kenyon LLP.
During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.
The Federal Circuit's recent comments in Enfish v. Microsoft are not helpful to understanding the meaning of an "abstract idea.” The U.S. Patent and Trademark Office and the courts are dismantling some of our country’s most important advances and innovations by manipulating basic definitions of rights given inventors under Section 101, says Mac Waldbaum of Eaton & Van Winkle LLP.
In trade secrets cases, hotly contested issues often arise concerning whether the plaintiff has alleged its trade secrets claim with sufficient specificity, and whether any related claims are preempted under an applicable state Uniform Trade Secrets Act. These disputes can profoundly impact case strategy, says Cass Christenson of Dentons US LLP.
Understanding how to use the Patent Trial and Appeal Board's limited discovery process to your advantage is crucial. Learning from successes and failures to date will help you best position your request for, or opposition to, discovery before the PTAB, say Deborah Fishman and Paul Margulies of Kaye Scholer LLP.
Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.
On May 26, 2015, the U.S. Supreme Court issued its opinion in Commil v. Cisco, effectively killing the practice of obtaining invalidity opinion letters in the context of induced infringement claims. Over the last year, federal courts and litigants have done little to challenge the ruling or test its boundaries, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.
The Defend Trade Secrets Act offers many benefits to businesses, including federal question jurisdiction for trade secrets and the ability to recover compensatory damages, punitive damages and attorneys’ fees. However, to obtain the full array of remedies available under the statute, employers must comply with a specific notice requirement, says Jeff Barnes, a partner at Fisher & Phillips LLP.
The U.S. International Trade Commission is fast becoming one of the preferred venues to hear trade secret misappropriation actions and is all the more relevant in light of the Defend Trade Secrets Act, say Warren Heit and James Gagen of White & Case LLP.
Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)