A California federal judge voiced skepticism Thursday over Adobe Systems Inc.'s request for enhanced damages in a lawsuit accusing Wowza Media Systems LLC of infringing Flash encryption patents, saying Thursday that he didn't think Wowza executives' hacking of Adobe's software was enough to prove willful infringement.
A Delaware federal judge invalidated part of a DNA technology patent Genetic Technologies Ltd. accused Bristol-Myers Squibb Co. and a Sanofi-Aventis SA unit of infringing because it merely described a natural law, dooming the claim under the U.S. Supreme Court’s landmark Mayo v. Prometheus decision.
Merck KGaA unit EMD Millipore Corp. urged the Federal Circuit to reconsider its decision that rival AllPure Technologies Inc. didn't infringe a device patent for withdrawing fluid from a container, saying Wednesday that the panel’s decision was contrary to “well-settled law” on prosecution history estoppel.
The Federal Circuit on Wednesday consolidated two appeals by Samsung Electronics Co. Ltd. in its $930 million patent-infringement fight with Apple Inc., one disputing a judgment for damages stemming from a jury’s infringement verdict and the other challenging $1.9 million in court costs.
Coupons.com Inc. won’t have to fork over $6.7 million in royalties to Document Security Systems Inc. now that a New York federal judge granted the company summary judgment Tuesday in a battle over the use of counterfeit coupon detection technology.
Louis Vuitton Moet Hennessy Inc. wants the Ninth Circuit to immediately weigh in on whether a Los Angeles jeweler can claim the term “Red Gold” as a trademark, saying a district judge issued an aberrational ruling that a generic term could transform into a trademark.
The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.
K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.
The Eleventh Circuit on Thursday sent to arbitration a dispute brought by U.S. Nutraceuticals LLC alleging that microalgae products maker Cyanotech Corp. breached an agreement by stealing confidential information.
A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.
A Maryland federal judge on Wednesday allowed Paice LLC to share a confidential deal licensing patents to Toyota Motor Co. with its co-plaintiff in their suit accusing Hyundai Motor Co. and Kia Motors Corp. of ripping off their hybrid vehicle technology.
A Florida judge on Wednesday allowed copyright and breach of contract claims against KC and the Sunshine Band by the estate of a former band member to go forward, while dismissing claims the band and its publishers breached fiduciary duty and misappropriated his image.
A California federal judge has invalidated three patents on computerized methods of cataloging photos of participants in marathons and other sporting events, finding that they claim nothing more than an abstract idea under the U.S. Supreme Court's Alice Corp. decision.
A California federal judge formally denied Robin Thicke and Pharrell Williams a quick win Thursday in the lawsuit over whether they lifted aspects of “Blurred Lines” from Marvin Gaye, saying the R&B legend's heirs might have a case.
Pillsbury Winthrop Shaw Pittman LLP has bolstered its intellectual property practice with the addition of a former U.S. International Trade Commission investigator from Goodwin Procter LLP, the firm announced Wednesday.
A U.S. International Trade Commission administrative law judge on Wednesday found that grills imported from China by a number of major U.S. retailers, including Sears Roebuck & Co., infringed patents for a two-in-one grill.
The judge presiding over GT Advanced Technologies Inc.’s secretive bankruptcy on Thursday endangered a settlement of the contract dispute with Apple Inc. that destroyed GT's business, saying that a key document both companies want sealed should be made public.
Lawyers for Gordon Ramsay told a Manhattan judge Thursday that fraud claims in a $10 million suit against the chef filed by the co-owner of their ill-fated Fat Cow Restaurant in Los Angeles are defective because plaintiff Rowen Seibel couldn't reasonably rely on Ramsey's allegedly duplicitous vows to pursue a viable trademark.
A second judge in as many days has rejected Stan Lee Media Inc.'s oft-asserted claim that it owns the rights to Spider-Man and other lucrative Marvel Comics characters created by its former president, booting the litigious company Thursday from a suit The Walt Disney Co. filed against a Pennsylvania theater.
The Federal Circuit on Tuesday refused to take a second look at its decision to stay VirtualAgility Inc.'s patent case against Salesforce.com Inc. and others during an America Invents Act business method patent review.
Large companies may tend to gravitate toward post-grant review, inter partes review or litigation for challenges to competitor's patents, but the relative cost of third-party submissions of art should be appealing to all potential challengers, say Sherry Murphy and Shawna Lemon of Myers Bigel Sibley & Sajovec PA.
While many of the changes in the latest European Patent Office guidelines reflect the current practice of the EPO’s boards of appeal, they also suggest that the first-instance departments of the EPO may be moving toward a less rigid and formalistic approach to some issues, say Philip Cupitt and Hazel Ford of Finnegan Henderson Farabow Garrett & Dunner LLP.
As our legal system evolves and we understand more about how an effective court system should function, the role of alternative dispute resolution should also shift. For example, the growth of e-discovery — and the ballooning associated costs — has further pushed the special-master trend, say former U.S. Magistrate Judge John Hughes and former New Jersey Superior Court Judge Maria Sypek of JAMS.
Limiting validity challenges to novelty or obviousness in inter partes reviews is a significant drawback to petitioners. One possible way of skirting this restriction, in certain circumstances, may be to challenge the priority claim of a patent, say attorneys with Sterne Kessler Goldstein & Fox PLLC.
The delay at the U.S. Patent and Trademark Office continues to be quite long, but fortunately the USPTO offers four options that allow most every patent applicant to significantly advance the pace of patent prosecution. While each of these programs has specific requirements for entry, those requirements are within the control of the applicant, say Rory Pheiffer and Lauren Ingegneri of Nutter McClennen & Fish LLP.
After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.
As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.
Not surprisingly, it took a while before the first petitions for post-grant review were filed, but LaRose Industries LLC and Toys “R” Us-Delaware Inc. filed in August, and Accord Healthcare Inc. filed in September. If one or both petitions are granted, one question will be whether the Patent Trial and Appeal Board will be able to issue a decision within the mandatory 12-18 months, says Lisa Mueller of Michael Best & Friedrich LLP.
No consensus has formed regarding which metrics are best to compare, manage and communicate about mission-critical patent programs. We tested a variety of metrics and selected a new system derived entirely from publicly available raw data for all publicly traded companies, even though the raw IP data may be esoteric, awkward and unappreciated generally by management and investors, says Stephen Glazier of Akerman LLP.
Canada's Patent Prosecution Highway program has positioned the country as a highly cost-effective jurisdiction in which to procure patent protection with exceptional speed and efficacy, says Elliott Simcoe of Smart & Biggar.