Rudolph Technologies Inc. asked the U.S. Supreme Court Tuesday to examine a ruling that it must pay nearly $8 million in damages in a case over a semiconductor tester patent, saying that the Federal Circuit is "hopelessly confused" about how to review damages awards.
A Massachusetts federal judge on Friday requested further briefing on whether he should reconsider portions of an order that granted victories to drugmakers Ranbaxy Inc. and Teva Pharmaceutical Industries Ltd. in a pay-for-delay class action involving the heartburn drug Nexium.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the French organization that safeguards the name "Champagne" pops off three new oppositions, A&E calls out a "Truck Dynasty," and Time Warner Inc. defends a famed quote from "The Wizard of Oz."
A California federal judge on Friday barred O'Melveny & Myers LLP from defending ATopTech Inc. against Synopsis Inc.'s patent-infringement suit over electronic design automation, saying O'Melveny’s discussions about one of the asserted patents with a corporate client that Synopsis later bought created a conflict.
Two motion picture studios filed a trademark infringement suit Thursday in Texas federal court accusing adult entertainment conglomerate Rick's Cabaret International Inc. of infringing intellectual property rights tied to the 2006 film “Talladega Nights: The Ballad of Ricky Bobby,” with its motor-sports-themed Ricky Bobby restaurant.
Twitter Inc. said in a regulatory filing Thursday that it paid $36 million in a recent deal to acquire over 900 patents from IBM Corp. after being accused of infringement.
The Tenth Circuit on Friday denied Aereo Inc.'s bid to stay a preliminary injunction prohibiting it from retransmitting television broadcasts within the appeals court's jurisdiction until the U.S. Supreme Court weighs in on the legality of its allegedly infringing streaming services.
A North Carolina federal judge on Thursday reopened Intellectual Ventures Management LLC's patent suit against Bank of America, a day after mistakenly closing the case when he issued a ruling that resolved only some of the issues.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
H.J. Heinz Co. took a Texas sauce maker to federal court on Thursday over the design of ketchup bottles that the condiment king believes are infringing the protected trade dress of its own iconic ketchup bottle.
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.
Unfortunately, the U.S. Patent and Trademark Office's recent memorandum to its patent examiners outlining patent eligibility under Section 101 was not subject to public notice or comment. The memorandum is flawed and, as written, may result in flawed examination of patent applications, says David Gass of Marshall Gerstein & Borun LLP.
The Ninth Circuit's recent decision interpreting the Washington Personality Rights Act to give post-mortem publicity rights to Jimi Hendrix seemingly resurrects deceased celebrities’ rights of publicity in Washington, regardless of domicile at the time of death, and could significantly impact the heirs of celebrities who were domiciled in a state with no post-mortem publicity rights, says Emily Jarvis of Robins Kaplan Miller & Ciresi LLP.
The economy has had a marked impact on the alternative dispute resolution industry, but much of that impact comes directly from the new dynamics between law firms and their clients. ADR providers have been keen observers of these trends and are learning to react creatively. It’s not all a bed full of roses from the ADR side, but there have been some positive changes, says Chris Poole of JAMS.
The changing patent enforcement landscape makes obtaining a patent with a high enforcement value more difficult. Some recent U.S. International Trade Commission decisions exemplify how changes in the enforceability of certain types of claims can change prosecution claim strategy, say Jameson Ma and Amanda Dittmar of Bookoff McAndrews PLLC.
The recently introduced American Royalties Too Act is an attempt at leveling the playing field between U.S authors and U.S. visual artists, but a resale royalty may not be the solution to ameliorating this disparity, given the complexity of the art market. Perhaps following the global trend for resale royalties is not the most effective method of benefiting artists involved in U.S. art transactions, say Diana Wierbicki and Agatha Kluk of Withers Bergman LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
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.