Crowell & Moring LLP Wednesday welcomed the return of its former intellectual property partner Teresa Rea, who recently ended a three-year gig as deputy director of the U.S. Patent and Trademark Office to take on a new dual role involving IP and international trade work.
The Federal Circuit on Wednesday pressed Google Inc. to explain why a lower court did not err in ruling that its Android mobile operating system hadn't infringed Oracle's copyrighted Java software, while Oracle accused Google of taking its protected code to obtain a dominant position in the smartphone market.
Auxilium Pharmaceuticals Inc. lost a patent infringement suit Wednesday alleging Upsher-Smith Laboratories Inc.'s efforts to create a testosterone gel for men infringed 10 patents related to Auxilium's Testim gel, when a Delaware federal judge ruled Upsher-Smith's formulation didn't infringe.
The Ninth Circuit on Wednesday refused to revive an inventor's claims that IBM Corp. stole trade secrets related to his software feature called “Bookmark,” finding his case time-barred because he didn't prove that his mother was unaware of the alleged theft when she owned the IP rights.
A federal trademark appeals panel ruled last week that shoe giant Steve Madden Ltd. couldn't register a trademark for his “Freebird by Steven” line of women's boots, finding it too similar to already existing mark for “Free Bird.”
A California federal judge on Wednesday dealt a substantial blow to online auto parts retailer Parts.com's trademark infringement campaign against search giants Google Inc. and Yahoo Inc. over sponsored advertisements, dismissing the retailer's lawsuit against Google completely and leaving intact only one claim in its suit against Yahoo.
The U.S. Food and Drug Administration on Wednesday revised its recommendations for how generic-drug makers can prove that their products are released into the human body in the same manner as brand-name counterparts, issuing high-level guidance covering an array of approaches.
Stan Lee Media Inc., which has unsuccessfully claimed for years to own the rights to Spider-Man, filed claims Wednesday in Pennsylvania federal court against the Walt Disney Co., asserting the media conglomerate cannot stop it from striking its own licensing deals for the copyrighted superhero.
The Ninth Circuit on Wednesday shut down a bid by Malaysia’s national oil company to revive its trademark infringement suit against Internet domain registrar GoDaddy Inc., finding that the Internet domain registrar can’t contribute to so-called cybersquatting simply by performing its regular services.
Software company RealTime Data LLC urged a Federal Circuit panel on Wednesday to revive its case alleging a slew of investment banks, securities exchanges and financial publications infringed on its data-compression technology patents, claiming the lower court misconstrued key patent terms.
A California federal judge on Tuesday refused to allow Sirius XM Radio Inc. to move a $100 million putative class action alleging it illegally played songs recorded before 1972, finding the broadcaster hadn’t sufficiently argued in favor of transferring the suit to New York.
The top Republican on the Senate Finance Committee is urging U.S. Trade Representative Michael Froman to consider dropping some countries from the highly anticipated Trans-Pacific Partnership trade accord if they don’t agree to stringent rules for intellectual property rights protection, according to a letter dated Monday.
An administrative judge for the U.S. International Trade Commission rejected LG Electronics Inc., Nokia Corp. and others’ efforts to toss an investigation over whether their smartphones infringe Tela Innovations Inc. patents because of a dispute over material facts, according to an order published Tuesday.
An Illinois federal judge last week became the latest to attack now-defunct so-called porn troll Prenda Law for its notorious campaign of porn-linked copyright litigation, hitting the company with massive new fines for dragging Comcast and AT&T into court on “baseless” claims.
Exela Pharma Sciences LLC and its subsidiaries asked a Delaware federal judge to reconsider a recent ruling that they infringed Cadence Pharmaceuticals Inc.’s patents by creating a generic version of injectable-painkiller Ofirmev, saying Monday that new evidence proved one of the patents invalid.
A federal judge erred in ruling that HTC did not infringe IPCom GmbH & Co. KG's telecommunications access patents, IPCom told the Federal Circuit on Tuesday, faulting the judge for allegedly adopting an overly narrow construction of one of the patent’s claims.
The Federal Circuit ruled Tuesday that Chinese cellphone maker Huawei Device USA Inc. would have to face the entirety of an Acacia Research Corp. patent dispute in Texas, shooting down the company's bid to deal with some of the claims in California.
The Motion Picture Association of America said Tuesday that a Florida federal court has ordered file hosting site Hotfile Corp. to pay $80 million in a copyright infringement suit brought by several film studios over Hotfile's illegal sharing of their work.
The U.S. Supreme Court grilled attorneys for Static Control Components Inc. and Lexmark International Inc. on Tuesday over allegations that Lexmark falsely told customers that Static Control's products were patent infringing, pressing them to explain which test should be used to determine who is allowed to sue under federal false advertising law.
AstraZeneca AB has successfully demonstrated that it is entitled to more than $76 million for Canada-based Apotex Corp. and Torpharm Inc.’s infringement of patents that protected the company's indigestion drug Prilosec, according to a New York federal judge’s ruling unsealed Tuesday.
The Patent Trial and Appeal Board will not institute an inter partes review unless the petition includes an identification of “each real party-in-interest” for the petition. Although the determination of whether a party is a real party-in-interest is a highly fact-specific inquiry, the U.S. Patent and Trademark Office's practice guide and related decisions provide some helpful guidance, say Michael Smith and Michael Twomey of WilmerHale.
There is an important trade secret component to the highly publicized Amanda Knox murder case. The tension between the public criminal proceeding and Boise State University's assertions of trade secret protection over allegedly exculpatory forensic evidence raises novel legal issue, says Eulonda Skyles of Orrick Herrington & Sutcliffe LLP.
A decision by the U.S. Supreme Court in the Highmark Inc. case providing greater deference to a district judge’s findings could result in fewer awards being reversed on appeal, thereby increasing the number of awards and their deterrent effect against baseless lawsuits. The Icon Health & Fitness Inc. case provides a greater potential to reshape the landscape for awarding attorneys' fees by seeking what appears to be a lower standard, says Russell Cass of Sidley Austin LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The term of copyright in sound recordings and performers' rights has been extended in Europe from 50 to 70 years for sound recordings that were first released on or after Jan. 1, 1963. It seems likely that the new law will have at least some commercial impact once the interplay between a number of provisions meant to benefit performers have been subject to careful analysis, say Sarah Byrt and Daniel Gallagher of Mayer Brown LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
In Broadcom v. Emulex, the Federal Circuit hewed closely to its old bias in favor of injunctions. Its facile reasoning bodes well for patentees in future cases, but departs from its recent, less plaintiff-friendly decisions establishing a “causal nexus” requirement in the battle between Apple Inc. and Samsung Electronics Co. Ltd. Failure by one panel to follow the holding of another panel of the same court is error, say attorneys with Day Pitney LLP.
Recent media coverage has highlighted the use of non-U.S. entities by U.S.-based multinational companies to conduct intellectual property operations and own intangible property related to their businesses. This ownership structure can be particularly advantageous if the non-U.S. affiliate is located in a jurisdiction with which the United States has entered into a tax treaty, say Sang Ji and Steven Gee of White & Case LLP.
A consensus on both the methodology for calculating a fair, reasonable and nondiscriminatory royalty and the unavailability of injunctive relief to FRAND-obligated patent holders is emerging, at least in federal district court and at the U.S. International Trade Commission. The current trend may require FRAND-obligated patent holders to re-examine and temper their licensing demands, says Stan Lewis of Baker Botts LLP.
In applying the first prong of the willful infringement test, the Federal Circuit sometimes limits its review to the defenses presented at trial, sometimes looks to other prelitigation conduct, and other times applies a hybrid analysis, so is not surprising that district courts are confounded. The U.S. Supreme Court may be able to help in Octane Fitness v. Icon Health, says Alejandro Menchaca of McAndrews Held & Malloy Ltd.