Genetic testing company Invitae Corp. asked a Utah federal court Monday to throw out Myriad Genetics Inc.’s suit alleging Invitae infringed on its patents relating to genetic screening for breast cancer, saying the court lacks jurisdiction because Invitae has no contacts in Utah.
A California federal judge refused Tuesday to overturn a jury’s August verdict that Abbyy Software House and printer company Lexmark International Inc. did not infringe three of Nuance Communications Inc.’s patents for optical character recognition software, which ended Nuance's $107 million lawsuit.
An Arizona federal judge on Tuesday tossed consumer information company Experian Information Solutions Inc.'s copyright infringement lawsuit claiming another firm copied and redistributed material from its online database, finding Experian failed to allege the defendant had lifted anything but non-copyrightable data.
Women’s clothing purveyor Deb Shops Inc. on Tuesday was hit with a trademark suit by Victoria's Secret Stores Inc., which alleges the retailer has been infringing its line of “Pink” trademarks by hawking counterfeit apparel bearing the same marks.
Tensions flared in California federal court on Tuesday as Apple Inc. and Samsung Electronics Co. Ltd. jockeyed to strike each other's expert reports, in the run-up to a March 2014 trial over Apple’s allegations that Samsung mobile devices infringe patents on newer iPhones and iPads.
A company denied coverage by Hartford Casualty Insurance Co. in a patent and trademark dispute urged California’s high court on Tuesday to resolve a state appellate conflict by ruling that an insurance policy’s advertising injury clause can be triggered by implicit claims of disparagement.
The Federal Trade Commission asked a Pennsylvania federal judge Monday to add Teva Pharmaceutical Industries Ltd. as a defendant in its antitrust suit over payments Provigil maker Cephalon Inc. made to block generic versions of its drug, citing Teva's acquisition of the company.
Silicon Storage Technology Inc. sued National Union Fire Insurance Co. and XL Specialty Insurance Co. in California federal court Friday, saying they are obligated to cover the defense and settlement costs stemming from a trade secrets suit filed against SST in 2011.
The Coca-Cola Co. urged a South Carolina federal court Monday to dismiss monetary damages claims by a company asserting that its employee is entitled to co-inventorship of a Coca-Cola packaging patent, saying damages are either foreclosed by the contract between the companies or preempted by federal law.
Carlyle Group LP-owned Galaxy Brand Holdings will buy the once-prominent Linens ‘n Things brand from private equity firms Gordon Brothers Group, Hilco Global and Infinity Lifestyle Brands and seek to revitalize the name, the companies said Monday.
A software developer on Tuesday pressed the Seventh Circuit to revive its unusual claim that a fictional computer program in the Warner Bros. film “The Dark Knight Rises” infringes its software trademark, arguing that the movie confused potential customers and caused sales to plummet.
Orrick Herrington & Sutcliffe LLP said earlier this month it picked up a Kaye Scholer LLP IP pro with expertise in patent, trademark and copyright litigation to serve as a partner in its New York office.
A local ABC Inc. affiliate in Boston on Monday launched the latest appeals court battle over online streaming service Aereo Inc., pressing the First Circuit to overturn a district decision that said Aereo likely didn’t violate copyright law.
Washington, D.C.-based inventor John L. Breckenridge hit BlackBerry Ltd. and U.S. arm BlackBerry Corp. with a patent infringement lawsuit in Texas federal court Monday, saying the “smart dialing” system used in several of the company’s smartphones infringes his patent.
Sony/ATV Music Publishing LLC urged a New York federal judge on Monday to dismiss a $100 million antitrust suit against it and Apple Corps Ltd. for halting the release of a Beatles documentary, saying the suit is redundant and the film's debut was thwarted by an injunction, not a conspiracy.
Longtime rivals Rambus Inc. and Micron Technology Inc. on Monday announced they have inked a broad patent cross-license agreement that definitively ends 13 years of patent and antitrust litigation, with Micron paying up to $280 million to Rambus over the next seven years.
Rapper Jay-Z and his record label Roc-A-Fella Records LLC on Monday blasted an artist’s contract and copyright lawsuit over the design for the label’s logo, saying the infringement claims were filed in bad faith.
Drugmakers Johnson & Johnson and Novartis AG on Tuesday were hit with a total of €16.3 million ($22.4 million) in fines by European regulators for entering into an anti-competitive agreement to delay the introduction of a generic painkiller in the Netherlands.
Quinn Emanuel Urquhart & Sullivan LLP on Monday urged a California federal judge not to sanction it for leaking confidential details of a patent license between Apple Inc. and Nokia Corp., arguing that its leak in the high-stakes smartphone patent litigation between Apple and Quinn client Samsung Electronics Co. had been inadvertent.
Heart health management company Boston Heart Diagnostics Corp. launched a suit in Massachusetts federal court Monday alleging a laboratory testing company's genetic testing for statin-induced myopathy risk violates Boston Heart's licensed patent for the same testing.
Since the U.S. Supreme Court's decision to review CLS Bank International v. Alice Corp. was announced on Dec. 6, the wires have been flooded with alarmist articles, but fears that software patents could be categorically excluded from patent eligibility by judicial decree are misplaced, says Linda Thayer of Finnegan Henderson Farabow Garrett & Dunner LLP.
Under the new Texas Uniform Trade Secrets Act, there is no reason to expect any less protection for technical and economic information useful in oil and gas exploration and production. A comparison of the factors Texas courts have been using to determine if a trade secret exists and the new statutory definition reveals substantial overlap, say Steve Borgman and David Tobin of Vinson & Elkins LLP.
Had the U.S. International Trade Commission's pilot program been applied in 2007, and had each case through 2011 been subject to early resolution on domestic industry, importation or standing, the agency could have saved a considerable amount of time, effort and money by fully resolving eight cases, saving an average of 286 days per investigation, says Andrew Clarke of ARPC.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
On Dec. 5, the U.S. House of Representatives passed the Innovation Act, which would modify patent law to make it harder for so-called patent trolls to perpetrate litigation abuses. There is parallel legislation in the Senate, but it is more limited and arguably directed to the worst patent-litigation abuses, say Jeffrey Lesovitz and Daniel Goettle of Woodcock Washburn LLP.
While the technology at issue in Commil USA LLC v. Cisco Systems Inc. was not life sciences, the implications of the Federal Circuit's decision, and the trend in the law it reflects, likely will be significant for companies that often rely on method-of-treatment, mechanism-of-action and method-of-manufacturing patents as key value drivers. Such patents may be materially weakened, say Eric Marandett and Diana Huang of Choate Hall & Stewart LLP.
The Patent Trial and Appeal Board's recent ruling in Garmin v. Cuozzo — the first final decision after trial in an inter partes review — provides important guidance for patent practitioners for inter partes review, litigation and prosecution, say Susan Glovsky and Timothy Meagher of Hamilton Brook Smith & Reynolds PC.
The European Commission’s recent proposal to establish a common definition of "trade secrets" and set of remedies in all 28 EU members states is likely to increase confidence that this element of intellectual property policy can be addressed effectively in the trade agreement currently in negotiation between the EU and U.S., say Jan-Diederik Lindemans and Mark Klapow of Crowell & Moring LLP.
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.