The Federal Circuit handed a win to biotechnology company Promega Corp. on Monday when it affirmed a lower court’s finding that claims in a patent asserted by Life Technologies Corp. over a method for fluorescence-based DNA analysis were invalid.
Mattel Inc. won a ruling from a California federal judge last week that a former freelance writer didn't have any rights to the company's longtime Masters of the Universe franchise or its lead character, He-Man.
A Delaware federal jury was unable to reach a verdict on whether Palo Alto Networks Inc. infringed rival Juniper Networks Inc.'s firewall technology patents, leading the judge on Friday to declare a mistrial.
A Texas company is asking the U.S. Supreme Court to overrule a Fifth Circuit decision that cut short its fraud suit against Avery Dennison Corp. and Renner Otto Boisselle & Sklar LLP stemming from a licensing deal involving a rejected application for a personalized stamp patent.
A California federal judge on Friday refused to dismiss Genetic Technologies Ltd.’s allegations that Agilent Technologies Inc. sold a DNA-testing device that infringes GT's genetic analysis patent, ruling the patent did not merely cover a law of nature.
Gawker Media LLC asked a California federal judge on Monday to toss Quentin Tarantino's copyright infringement lawsuit over the leak of his screenplay for a Western called "The Hateful Eight," saying the publication of links to a third-party posting of the script was legal fair use.
Vermont's attorney general said Friday that he planned to drop a request for an injunction that would bar a so-called patent troll from threatening to sue businesses in the state, after a judge said the request may be preempted by federal patent law.
A subsidiary of patent-licensing company Acacia Research Corp. lost a bid to revive an infringement suit against EMC Corp. and others on Monday, with the Federal Circuit affirming that its asserted patent claims were not valid because they covered an abstract idea.
The docket for the upcoming smartphone patent infringement trial in California district court between Samsung Electronics Co. Ltd. and Apple Inc. got a bit lighter on Friday after both companies agreed to drop all claims and counterclaims arising out of three standard-essential patents originally asserted in the suit.
The Trademark Trial and Appeal Board issued a precedential ruling Friday that sales catalogs inviting readers to buy goods didn't count as acceptable “specimens of trademark use” in an application, affirming an examiner's decision to reject a registration for an industrial components manufacturer's slogan.
The path to success for women is the same as it is for men — building relationships, delivering an excellent work product and earning the trust of your clients by serving as both a legal and strategic business adviser. I must confess, however, that I also had to learn to drink scotch and play golf, says Linda Goldstein, chairwoman of Manatt Phelps & Phillips LLP's advertising, marketing and media division.
I will never forget stories I heard of what it was like to be a woman attending law school in the early 1960s, which included being called up to the front of the class to answer the professor’s questions on designated "Ladies’ Days," says Yuliya Oryol, chairwoman of Nossaman LLP's puplic pensions and investments practice group and administrative partner for the firm's San Francisco office.
Personal navigation company DeLorme InReach LLC has likely sold products that induced infringement of a satellite-tracking patent owned by BriarTek IP Inc. and should pay a recommended penalty of $637,500, a U.S. International Trade Commission judge ruled Friday.
Accenture LLP has asked the U.S. Supreme Court to review a Fifth Circuit decision upholding a $44.4 million verdict against the consulting company for allegedly stealing software maker Wellogix Inc.'s trade secrets, saying the case relied on flawed testimony.
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.
In recognition of the increasingly important role of fixed-combination drugs for treating chronic diseases such as heart disease, cancer and diabetes, the U.S. Food and Drug Administration has proposed guidance that significantly departs from its historical interpretation of the "new chemical entity" exclusivity provision. It will be interesting to follow the debate that ensues regarding the NCE status of combinations of a new drug with a previously approved drug, say attorneys at Jones Day LLP.
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.