A California appeals court decided Tuesday that a lower judge did not err when he ordered a new trial after tossing a jury's $124 million finding that Mitsubishi Electric & Electronics USA Inc. breached a nondisclosure agreement over a confidential design for computer memory chips.
A California federal judge on Tuesday tossed Quentin Tarantino's copyright infringement lawsuit against Gawker Media LLC over the leak of his screenplay for "The Hateful Eight," finding that he failed to allege sufficient facts to support his contributory infringement claim, but giving the writer-director time to amend his complaint.
A New Jersey federal judge on Monday upheld a jury’s determination that two patents held by a 3M Co. unit covering filtration technology for industrial respirators were unenforceable due to inequitable conduct, handing a win to TransWeb LLC.
The Ninth Circuit on Tuesday affirmed a lower court's dismissal of a screenwriter's copyright infringement suit alleging Electronic Arts Inc., Viacom Inc. and others stole his idea for a sports video gaming show, agreeing that the plaintiff lacked standing because he didn't list his alleged copyright as an asset in a bankruptcy proceeding.
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board on Monday found that Luv N' Care Ltd.’s design for a baby drinking cup was unpatentable, ruling in favor of Toys R Us Inc. and co-petitioner Munchkin Inc. in their inter partes review.
Google Inc.'s advertising system does not infringe nonpracticing entity GeoTag Inc.'s patent for geographic search, a Delaware federal judge said in a redacted order released Tuesday.
Google Inc. agreed to protect Samsung Electronics Co. Ltd. with legal help and indemnification against some of Apple Inc.'s mobile device infringement allegations, a Google attorney testified Tuesday in Apple's $2.2 billion trial against Samsung, shining light on the search giant’s involvement in the epic patent feud.
U.S. Supreme Court justices grilled attorneys for both Aereo Inc. and the big broadcasters Tuesday, expressing strong skepticism about the legality of the streaming service but also pushing the networks to explain how the court could avoid a ruling in the copyright battle that harms cloud computing.
A Texas federal judge on Tuesday dismissed Power Management Enterprises LLC's claims accusing Samsung Electronics America Inc. of infringing its cache memory patents with the manufacture and sale of its computers and disk drives, after the parties said they had resolved the dispute.
Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.
Adding to its international arbitration ranks in Los Angeles, Arnold & Porter LLP has hired a former U.S. Ambassador to New Zealand and Samoa, who has broad experience in cross-border commercial disputes, particularly in intellectual property-focused industries, the firm said on Monday.
21st Century Fox Inc. and the creator of Fox's hit TV show "New Girl" urged a California federal judge on Monday to dismiss a suit by a pair of writers who claim the show is a blatant copy of a television pilot they wrote and shopped to networks years earlier, saying the two works are not substantially similar.
Google Inc. urged a New York federal court Tuesday to include attorneys in sanctions directed at a company that repeatedly alleged the search engine giant had stolen their so-called click-to-call technology, arguing that sanctions of at least $160,000 would send a message to frivolous plaintiffs.
Motorola Solutions Inc. agreed Monday to license Microsoft Corp.'s patent portfolio for use in devices running the Android and Chrome platforms, the latest in a string of licenses Microsoft has secured with companies that use the Google Inc. software.
Alleged patent troll MPHJ Technology Investments LLC shot back Friday at the Federal Trade Commission’s bid to toss its lawsuit over an investigation into allegedly deceptive patent infringement letters the company sent, telling a Texas federal court that the antitrust agency's enforcement squashed its speech rights, keeping its claims ripe.
The Federal Circuit ruled Tuesday that a patent can be rendered invalid for double-patenting based on a patent that expires before it, expanding the double-patenting doctrine and giving Natco Pharma Ltd. another shot at invalidating Gilead Sciences Inc.'s patent on the flu drug Tamiflu.
Adams & Reese LLP recently formed a privacy and data security practice group, bringing together attorneys with experience in the employment, intellectual property, banking and health care industries.
The Fifth Circuit on Tuesday affirmed a lower court’s dismissal of a malpractice lawsuit brought by a mouthwash inventor against his attorney charged with preparing and filing patent applications with the U.S. Patent and Trademark Office, saying the plaintiff failed to provide sufficient evidence of damages.
GlaxoSmithKline LLC on Monday slammed Mylan Inc.'s bid for $3.1 million in prejudgment interest stemming from the $106.7 million verdict Mylan won after a jury found that GSK breached an exclusive licensing contract arising from an antitrust settlement, saying in New Jersey federal court that the company overstated the amount.
The Federal Circuit on Tuesday vacated a district court's ruling that Novel Laboratories Inc. infringed Braintree Laboratories Inc.'s patent for the colon cleanser Suprep, finding the lower court misconstrued a key claim term.
Although venue motions should typically be filed quite early on in the proceedings, there is an inherent tension between the need to move promptly and the need to develop a factual record sufficient to satisfy the applicable burden in court. Recent Federal Circuit jurisprudence highlights some of the important tactical considerations that parties should account for in shaping a potential transfer strategy, say Rob Isackson and Robert Uriarte of Orrick Herrington & Sutcliffe LLP.
The U.S. International Trade Commission's much-awaited decision in Certain Digital Models confirms that the ITC can provide a powerful remedy for software, publishing and media companies whose intellectual property rights have been violated. However, those wishing to take advantage of this decision should craft their discovery requests carefully, and consider the timing of when they file complaints, says Aarti Shah, a partner with Mintz Levin Cohn Ferris Glovsky and Popeo PC and former senior investigative attorney at the ITC.
The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.
Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
District courts remain split on how to apply Therasense’s intent standard to motions for summary judgment of no inequitable conduct. Parties pleading inequitable conduct should bear in mind that they cannot simply focus on developing evidence that demonstrates the strength of the inference of deceptive intent — they must demonstrate why the patentee’s alternative inferences of no deceptive intent are, in fact, not reasonable, say Scott Breedlove and Andrew Allen of Vinson & Elkins LLP.
By managing the timing of post-grant proceedings, an accused infringer may increase its chances of negating a damages award in parallel district court litigation. Taking measures to actively create circumstances like those in Fresenius v. Baxter is a way to insure against a potentially large patent infringement judgment, say Jeffrey Totten and Elizabeth Laughton of Finnegan Henderson Farabow Garrett & Dunner LLP.
A recent Law360 Expert Analysis article described use of the Nash bargaining solution as “a step in the right direction” in “establishing economic and scientific rigor” as required by courts in patent damages analysis. But using the NBS raises a number of concerns, such as reliance on the NBS’ idealized framework, the need for subjective adjustments to the NBS profit split based on the Georgia-Pacific factors, and the lack of empirical royalty rate data to verify the reliability of the NBS, says Thomas Varner of Economists Incorporated.
There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.
Our study of patent term adjustment data for 19,470 patents granted since Jan. 1, 2008, shows that allowance-rate variability translates into another marked variability with regard to PTA. Given that PTA is awarded in response to prolonged examination, it reflects the antithesis of compact prosecution, say Kate Gaudry and Daniel Cummings of Kilpatrick Townsend and Stockton LLP.
Not all of the alleged shortcomings of trademark protection in China are attributable to malicious political will, as many foreign companies seem to believe. A review of many trademark cases that have gained notoriety abroad shows how unprepared the foreign company actually was, says Paolo Beconcini of Carroll Burdick & McDonough LLP.