A New Jersey appeals court will hear a case brought by a law firm that sued Nostrum Laboratories Inc. for refusing to pay for its representation of a putative patent holder to a generic drug formulation in underlying litigation over a noncompete agreement, according to a Friday order.
The U.S. Supreme Court agreed Friday to consider when software innovations are eligible for patents in a closely watched case between Alice Corp. and CLS Bank International, a move hailed by attorneys who say they’ve been left in the dark on the proper eligibility standard for computer-related software following a deeply divided decision by the Federal Circuit.
A Delaware federal judge on Friday denied Warner Chilcott Co. LLC’s motion to dismiss a patent interference claim brought against it by Bayer Intellectual Property GMBH in a suit over Warner’s alleged infringement of a patent for Bayer’s oral contraceptive Yaz.
Samsung Electronics Corp. should pay Apple Inc. $15.7 million in attorneys' fees following Apple's $930 million victory in two patent infringement and damages trials between the smartphone rivals, the company argued in a motion Thursday.
Online video streaming service FilmOn X LLC on Thursday urged the D.C. Circuit to lift a Washington, D.C., federal court's injunction prohibiting it from retransmitting four major television networks' broadcasts over the Internet, saying the lower court misunderstood the nature of its technology.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald's goes after a "McDreamy" coffee mark, FIFA protects its "World"-class registrations and Major League Baseball heats up some mid-off-season action at the trademark office.
Impax Laboratories Inc. has settled a suit alleging its proposed generic version of OxyContin infringed Purdue Pharma LP's patents for a tamper-resistant version of the painkiller, according to a consent judgment filed Friday in a suit that had been rolled into antitrust multidistrict litigation in New York federal court.
Orion Corp. and Hospira Inc. have reached a settlement with Sandoz Inc. in a suit in the Federal Circuit accusing the Novartis AG unit of infringing Orion’s patent on sedation drug Precedex, agreeing to allow Sandoz to launch its version of the drug next year, Hospira announced Thursday.
Ilumisys Inc., the maker of LED systems designed to replace fluorescent tube lights, on Friday alleged Philips Electronics America Corp. infringed on its patents for the lights in a suit in Michigan federal court.
Coach Inc. on Thursday settled its trademark infringement suit against the owners of a Fort Lauderdale, Fla., flea market, who agreed to pay $5.5 million to the luxury leather goods company to end its suit accusing the flea market of aiding its vendors' infringement of Coach marks.
A Texas federal judge on Thursday approved a settlement between power converter maker SynQor Inc. and Cisco Systems over claims that Cisco infringed a pair of patents related to technology for which a jury awarded SynQor $95 million in 2010 for an earlier breach of several other patents.
Hoffmann-La Roche Inc. pushed a Federal Circuit panel on Friday to resurrect two of its patents covering the osteoporosis drug Boniva despite protests from several generic-drug makers, maintaining there was nothing in the record to support the lower court's obviousness finding.
The U.S. International Trade Commission issued an import ban Friday on products from Monsoon Multimedia Inc. and C2 Microsystems Inc. that it found to violate video "place shifting" patents held by Sling Media Inc., maker of the TV streaming device Slingbox.
Three intellectual property attorneys who previously practiced together at international law firm Locke Lord LLP have launched a new intellectual property boutique law firm — Kroub Silbersher & Kolmykov PLLC — in New York City, the firm said Tuesday.
A New York federal judge said Thursday that sanctions must be imposed against counsel from Wolf Haldenstein Adler Freeman & Herz LLP who filed an allegedly frivolous consolidated securities class action claiming AOL Inc. bought millions of its shares at artificially depressed prices before announcing a $1 billion patent sale.
Private equity firm Coller Capital didn't do enough to make sure it smoothed the sale of three technology patent portfolios, the attorney for a buyer who said it lost $300 million because of the failed deal told a New York state appeals court panel Thursday.
Davis-Standard LLC sued an ex-vice president and a rival liquid coating equipment maker, SAM North America LLC, in Connecticut federal court Tuesday, saying the former executive had breached a noncompete agreement and violated trade secrets by joining SAM last month.
Facebook Inc. lost a bid to dismiss a patent infringement suit over the company’s “Like” button on Tuesday, when a Virginia federal judge ruled that there were still too many questions that needed to be answered in the case.
Griffin Technology Inc. urged the Federal Circuit on Thursday to reverse a U.S. International Trade Commission decision finding its protective cases for several Apple Inc. devices infringed an Otter Products LLC patent, claiming the commission misconstrued a key patent term.
A Texas federal judge dismissed on Wednesday a suit involving wireless network patents developed by an ex-partner of Fish & Richardson PC that were asserted against Starwood Hotels & Resorts Worldwide Inc., after a deal was reached in the case.
On Dec. 5, the U.S. House of Representatives passed the Innovation Act, which would modify patent law to make it harder for so-called patent trolls to perpetrate litigation abuses. There is parallel legislation in the Senate, but it is more limited and arguably directed to the worst patent-litigation abuses, say Jeffrey Lesovitz and Daniel Goettle of Woodcock Washburn LLP.
While the technology at issue in Commil USA LLC v. Cisco Systems Inc. was not life sciences, the implications of the Federal Circuit's decision, and the trend in the law it reflects, likely will be significant for companies that often rely on method-of-treatment, mechanism-of-action and method-of-manufacturing patents as key value drivers. Such patents may be materially weakened, say Eric Marandett and Diana Huang of Choate Hall & Stewart LLP.
The Patent Trial and Appeal Board's recent ruling in Garmin v. Cuozzo — the first final decision after trial in an inter partes review — provides important guidance for patent practitioners for inter partes review, litigation and prosecution, say Susan Glovsky and Timothy Meagher of Hamilton Brook Smith & Reynolds PC.
The European Commission’s recent proposal to establish a common definition of "trade secrets" and set of remedies in all 28 EU members states is likely to increase confidence that this element of intellectual property policy can be addressed effectively in the trade agreement currently in negotiation between the EU and U.S., say Jan-Diederik Lindemans and Mark Klapow of Crowell & Moring LLP.
The Patent Trial and Appeal Board will not institute an inter partes review unless the petition includes an identification of “each real party-in-interest” for the petition. Although the determination of whether a party is a real party-in-interest is a highly fact-specific inquiry, the U.S. Patent and Trademark Office's practice guide and related decisions provide some helpful guidance, say Michael Smith and Michael Twomey of WilmerHale.
There is an important trade secret component to the highly publicized Amanda Knox murder case. The tension between the public criminal proceeding and Boise State University's assertions of trade secret protection over allegedly exculpatory forensic evidence raises novel legal issue, says Eulonda Skyles of Orrick Herrington & Sutcliffe LLP.
A decision by the U.S. Supreme Court in the Highmark Inc. case providing greater deference to a district judge’s findings could result in fewer awards being reversed on appeal, thereby increasing the number of awards and their deterrent effect against baseless lawsuits. The Icon Health & Fitness Inc. case provides a greater potential to reshape the landscape for awarding attorneys' fees by seeking what appears to be a lower standard, says Russell Cass of Sidley Austin LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The term of copyright in sound recordings and performers' rights has been extended in Europe from 50 to 70 years for sound recordings that were first released on or after Jan. 1, 1963. It seems likely that the new law will have at least some commercial impact once the interplay between a number of provisions meant to benefit performers have been subject to careful analysis, say Sarah Byrt and Daniel Gallagher of Mayer Brown LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.