A Ninth Circuit judge on Thursday requested a vote to rehear en banc the appellate court’s recent decision refusing to stay its order directing Google Inc. to remove the controversial “Innocence of Muslims” video from its servers over copyright infringement allegations.
A Texas woman involved in a class action against a so-called revenge porn website launched another suit in Texas federal court Thursday, claiming the sexually explicit images are now hosted on another site, and Google Inc. and Yahoo Inc. continue to link to the photos.
The New York Giants want a sports memorabilia dealer's lawsuit accusing the team of covering up the distribution of fraudulent memorabilia moved from New Jersey state court to federal court, based on allegations that the organization ripped off the dealer's patent ideas.
A California federal judge on Thursday shot down Apple Inc.'s request for an injunction banning the sale of Samsung Electronics Co. Ltd. smartphones found to infringe its patents, ruling that Apple had failed to show that its patented features drove demand for the Samsung products.
A New York Supreme Court judge granted Aon Corp. a temporary restraining order Wednesday in Aon's lawsuit against fellow broker Alliant Insurance Services that alleges the rival resumed an employee raid despite a settlement, snagging 75 employees in four days last month.
Agilent Technologies Inc. urged a California federal judge on Thursday to toss Genetic Technologies Ltd.'s lawsuit accusing Agilent of selling a DNA-testing device that infringes GT's patent on genetic analysis technology, arguing that GT's patent is invalid because it's based on an unpatentable natural phenomenon.
A U.S. Patent and Trademark Office board on Tuesday instituted post-grant reviews of three Chicago Board Options Exchange Inc. patents at the center of a $525 million suit the CBOE filed against the International Securities Exchange LLC, saying there's a strong likelihood the patents were invalid.
House Republicans released draft legislation Thursday to renew the soon-expiring Satellite Television Extension and Localism Act, including a provision that directly contravened proposed rule changes announced earlier in the day by Federal Communications Commission Chairman Tom Wheeler.
A judge's Thursday decision not to ban sales of Samsung Electronics Co. Ltd. smartphones found to infringe Apple Inc.'s patents shows just how tough it is for patent owners to secure an injunction, and could prompt the Federal Circuit to review the test, attorneys say.
AbbVie Deutschland GmbH & Co. urged a Federal Circuit panel on Thursday to resurrect two of its antibody patents, alleging that “presumptively prejudicial” jury instructions doomed its infringement suit against a Johnson & Johnson subsidiary.
As the mayhem of the South by Southwest festival descends on Austin, Texas, local law firms are gearing up to make the most of the influx of venture capitalists, major tech companies and buzzed-about startups in one of the best business development opportunities they have all year.
The U.S. Patent and Trademark Office confirmed on Thursday that it has appointed a top intellectual property lawyer from AOL Inc. to serve as general counsel beginning in April.
The Ninth Circuit ruled last week that federal trademark law doesn't provide an independent cause of action for cancellation, affirming the dismissal of a suit seeking to kill trademarks Victoria's Secret holds for “Dream Angels.”
Advanced Micro Devices Inc. launched a suit in California federal court Wednesday alleging LG Electronics Inc. infringed nine patents belonging to the processor maker and its ATI Technologies ULC unit.
The U.S. International Trade Commission on Wednesday affirmed a judge's initial determination that certain Samsung Electronics Co. Ltd. 3G and 4G wireless products do not infringe two InterDigital Inc. wireless technology patents.
Pop and rap star Nicki Minaj and her collaborators on the 2012 hit “Starships” told a Chicago federal court last week they had never heard of the song they are accused of infringing.
Oil and gas companies should reveal all known substances added to fluids used in hydraulic fracturing and avoid seeking trade secret exemptions to shield the information from the public, a U.S. Department of Energy advisory panel said in a report released on Wednesday.
A New York federal judge on Thursday refused to toss a $76 million jury verdict against Ricoh Co. Ltd. over unpaid royalties for some digital camera kits sold by Ricoh subsidiary Pentax Corp., ruling that evidence supported the jury’s verdict in favor of Eastman Kodak Co.
Keurig Inc. asked a Federal Circuit panel on Thursday to order a new trial in its pierceable coffee cup patent infringement spat with Rogers Family Co., claiming a lower court judge made inappropriate factual findings that should have been made by a jury.
U.S.-based companies filed more than 64,000 patent applications with the European Patent Office last year, accounting for nearly a quarter of all filings and leading all other countries as the overall number of applications reached an all-time high, according to the EPO's annual report released Thursday.
The White House has clearly listened to the chorus of patent reform voices and worked with the U.S. Patent and Trademark Office to address the most pressing concerns. Of its initiatives, those that relate to ownership transparency, functional claiming examination changes and training, and crowdsourcing prior art may change the patent ecosystem’s status quo the most, says Wesley Helmholz of Orrick Herrington & Sutcliffe LLP.
In line with its first two final inter partes review decisions, the Patent Trial and Appeal Board's recent decisions involving Intellectual Ventures Management LLC and Xilinx Inc. largely maintained the initial findings from institution through final written decisions, thereby canceling each of the challenged claims for which a trial was granted. They offer important insights on claim construction issues, motions to amend and the critical role expert declarations play in an obviousness analysis, say attorneys with Brooks Kushman PC.
Given the recent criticism of the patents before the U.S. Supreme Court and Federal Circuit, the invitation of the courts is clear — they want to see more craftsmanship embodied in the patents they are asked to review. Fortunately for the patent applicant, the elements of craftsmanship in patent preparation are readily identifiable as collaboration, customization, continuity and core components, says Kenneth Sibley of Myers Bigel Sibley & Sajovec PA.
Evidence offered by an opposing side in a post-grant proceeding should be evaluated considering a possible motion to exclude and preserving it with an objection because objections to evidence necessarily precede a motion to exclude. Objections should be narrowly focused so that the opposing party can understand the objection and consider filing supplemental evidence in response, says David Cavanaugh of WilmerHale.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
While designed to increase transparency, the U.S. Patent and Trademark Office's proposed rules requiring public disclosures identifying all attributable owners of patent applications and issued patents would impose significant administrative burdens on patent applicants and patentees, and present dire risks for noncompliance, says Jeremy Kriegel of Marshall Gerstein & Borun LLP.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.
Although there is little that can be done to avoid being targeted by a "patent troll," there are some methods available to both small and large companies trying to keep defense costs down. For instance, taking the time to carefully negotiate early case management orders provides defendants with a rare opportunity to implement cost-saving measures directly into a court order, says Jeffrey Ahdoot of Ahdoot IP Law PLLC.
While the Federal Circuit majority in Lighting Ballast Control LLC v. Philips Electronics North America Corp. reasoned that retaining the de novo standard of review for claim construction would promote uniformity, critics counter that the court’s position is somewhat misleading, especially considering that approximately half of the claim construction rulings appealed to the Federal Circuit are reversed or modified in some way, say Patrick Birde and Brooke Hazan of Kenyon & Kenyon LLP.
The Patent Trial and Appeal Board's recent decisions in two companion covered business method cases captioned Liberty Mutual Ins. Co. v. Progressive Casualty Ins. Co. provide practitioners with guidance on attacking CBM petitions, as well as how to address priority issues related to continuation-in-part patents, thereby giving rise to prosecution strategies to limit such attacks, say Kristin Murphy and John Rondini of Brooks Kushman PC.