Random House Inc. and the writers of a book about the founding of Facebook Inc. fired back at a call for sanctions by a former classmate of Mark Zuckerberg, contending that his sanctions bid in a false advertising and defamation suit against the publisher is “frivolous,” according to a filing in the First Circuit on Wednesday.
The Seventh Circuit on Thursday revived an architectural company's suit accusing a former employee of falsely claiming credit on his website for designing five buildings, ruling the plaintiff could invoke the Lanham Act even though the plaintiff's claim concerned services, not goods.
A federal judge on Thursday denied a motion by Samsung Electronics Co. Ltd. arguing that under the U.S. Supreme Court's Alice Corp. decision, two Apple Inc. smartphone patents are invalid for claiming abstract ideas, ruling that Samsung waited too long to raise the issue.
A U.S. Patent and Trademark Office board on Wednesday granted requests by Crocs Inc. to institute inter partes reviews of two molded shoe patents owned by children's footwear company Polliwalks Inc., finding there was a reasonable likelihood Crocs would prevail on the challenged claims.
The Supreme Court of Pennsylvania on Thursday refused to hear an appeal challenging a lower court's decision that schematic drawings, customer databases and other material related to devices for low temperature scientific research are entitled to trade secret protection.
A D.C. appeals court on Thursday upheld a lower court’s dismissal of a suit brought by Greenpeace Inc. alleging The Dow Chemical Co. and Sasol North America Inc. stole confidential records about its environmental campaigns, saying the group couldn’t show the companies invaded its privacy.
A New York federal judge on Wednesday freed U.S. Fidelity & Guaranty Co. from covering a $35 million award to luxury goods maker Fendi Adele SRL in trademark infringement litigation against a seller of counterfeit handbags, ruling the damages did not stem from advertising injuries.
A New Jersey federal judge on Thursday said TD Bank NA can't access most emails between Commerce Bancorp LLC's founder and parties associated with his book, which allegedly infringes TD Bank's copyright, but granted access to the emails not protected under attorney-client privilege.
Valero Energy Corp. won another battle against property tax assessors Thursday when a Texas appeals court ruled the company does not have to disclose sensitive financial data and trade secrets relating to one of its refineries because the information is not needed to determine the asset's value.
Kohl's Department Stores Inc. and Target Corp. have agreed to settle with undisclosed terms lawsuits brought by Wolf Run Hollow LLC, which claimed they violated a messaging patent that has been wielded against numerous banks and businesses over the years, according to documents filed Thursday in Texas federal court.
DuPont Co. slapped solar technology company SunEdison Inc. and its subsidiary NVT LLC with an infringement suit in Delaware federal court on Monday, alleging they are infringing on its thick-film paste patent by importing and selling certain solar modules.
Google Inc., Microsoft Corp. and a host of other technology companies have urged the full Federal Circuit to uphold a panel decision that barred the U.S. International Trade Commission from hearing induced patent infringement cases when a product only infringes after importation.
A California federal judge on Thursday criticized Yelp Inc.'s request for $2 million in damages in its suit accusing a Florida businessman of infringing the site's trademark and violating his user agreement by selling fake reviews, saying it looks like Yelp is seeking a windfall to which it isn't entitled.
Cargill Inc. slapped a former employee with a trade secrets suit in Colorado federal court Thursday, claiming he pocketed highly confidential and proprietary information on his way out the door that he'll inevitably disclose in his new position with Cargill competitor JBS USA.
A California magistrate judge has awarded $124,000 in sanctions to Google Inc. after it sufficiently showed that plaintiff PersonalWeb Technologies LLC deleted emails relevant to its suit accusing Google and YouTube LLC of infringing patents for data processing systems.
A California federal judge on Wednesday shot down Rockstar Consortium US LP’s bid to immediately appeal its failed dismissal attempt of Google Inc.’s patent suit, finding the review wasn’t merited because Google had shown the court had jurisdiction under Federal Circuit precedent.
The National Collegiate Athletic Association on Wednesday asked the Ninth Circuit to review a California federal judge’s decision that it violated antitrust laws by forbidding college athletes' compensation for the use of their names, images and likenesses.
A New Jersey hospitality company sued one of its rivals in federal court on Wednesday, claiming the competitor sent an employee to pose as a customer to glean detailed information about its trade secrets and proprietary business information.
The Federal Circuit on Thursday affirmed a lower court ruling invalidating a Mathilda and Terence Kennedy Institute of Rheumatology Trust arthritis treatment patent for double-patenting, freeing AbbVie Inc. from having to license the patent for its blockbuster anti-inflammatory drug Humira.
A Florida federal judge dismissed a suit Thursday involving Hartford Casualty Insurance Co. and a cosmetics manufacturer over coverage of defense costs stemming from the company's trademark and unfair competition litigation with Parfums Christian Dior SA, after the company and insurer settled.
"If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.
In Endo Pharmaceuticals Inc. v. Amneal Pharms Inc., a New York federal court recently rejected an attempt by generic defendants to prevent litigation counsel for the innovator company from participating in related inter partes review proceedings, absent explicit language in a protective order. This issue will continue to arise unless care is exercised in negotiating protective orders, say Bruce Wexler and Jason Christiansen of Paul Hastings LLP.
The portable nature of intellectual property allows it to be readily structured in jurisdictions such as the Cayman Islands or Ireland to maximize returns. Whether a particular jurisdiction is well suited for the IP requires analysis of where the IP is to be sold or licensed in the future and how any returns from such activities are to be treated, say Ramesh Maharaj and Petrina Smyth of Walkers Global.
If affirmed by the U.S. International Trade Commission, the administrative law judge's ruling in Optical Disc Drives would continue the trend of recent decisions heightening the domestic industry requirement for nonpracticing entities, say Sten Jensen and Jordan Coyle of Orrick Herrington & Sutcliffe LLP.
The fact that the District of Delaware has consistently been one of the top jurisdictions for patent cases shows that the patent bar and patent holders have confidence in the court’s ability to handle complex patent litigation in a quick and efficient manner. But the statistics alone do not fully explain Delaware’s continued popularity, says Eric Hutz of Novak Druce Connolly Bove & Quigg LLP.
How has the America Invents Act changed the behaviors of nonpracticing entities and the plight of the defendants that they sue? The biggest effect likely will be on those cases that actually go to trial. But since most of these cases settle before trial, the big-picture answer is “not much,” says Peter Chassman of Winston & Strawn LLP.
The Federal Circuit ruling in Troy v. Samson will incentivize parties who lose interference proceedings before the Patent Trial and Appeal Board to collect additional evidence and develop different theories to convince a district court that they are entitled to priority of invention, say Damian LaPlaca and Robert Callahan of Nelson Kinder and Mosseau PC.
With the football season about to kick off, debates renew about the U.S. Patent and Trademark Office's June decision to cancel trademark registrations of the Washington Redskins on the grounds that the name is disparaging to Native Americans. Seven teams are potential targets for trademark cancellation on the same grounds, says Richard LaBarge of Marshall Gerstein & Borun LLP.
We now have a few ways to kill a bad patent, quickly and relatively cheaply. But now is not the time to consider expanding the newly minted post-grant procedures — we need to see whether these new systems are working as intended, and whether there are unforeseen consequences, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner of patents.
"The Alice decision does not mean that software is not eligible for patent protection. In fact the court never even mentioned software in its decision," says Fenwick & West LLP partner Robert Sachs, discussing implications the U.S. Supreme Court ruling in Alice Corp. v. CLS Bank.