An underwear model who sued Dillard's Inc. and a modeling agency for using his image on underwear packaging without his permission was left empty handed after a Texas appeals court nixed his $4,500 jury award, ruling the statute of limitations had passed on his claim.
Cresta Technology Corp. on Thursday filed a public version of its U.S. International Trade Commission petition urging review of a decision finding Samsung Electronics Co. Ltd. and other TV manufacturers did not infringe two of its silicon TV tuner patents.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald's takes on lobster macaroni and cheese, Amazon "fires" at unauthorized smartphone cases, and it "ain't no big surprise" that Neil Diamond is taking on a "Sweet Caroline" imposter.
Accused Bluetooth patent infringer Marvell Semiconductor Inc. continued its push for the U.S. Supreme Court to review a Federal Circuit ruling that vacated the patent licensor’s stipulation of noninfringement, arguing the decision can’t be squared with the high court’s Teva ruling.
In-house counsel for IBM Corp., United Technologies Corp. Aerospace Systems, Juniper Networks Inc. and others said at a conference Friday that they are worried that a bill in Congress aimed at thwarting so-called patent trolls will actually weaken all patents and hurt their business.
Wells Fargo Insurance Services USA Inc., sued over trade secrets an executive allegedly stole from former employer Hylant Group Inc., launched counterclaims Thursday that a former Wells Fargo employee now working at the rival insurance brokerage disclosed trade secrets and solicited customers and staff from Wells Fargo.
A Pennsylvania federal judge on Friday declined to reconsider his ruling that a handful of pay-for-delay suits against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.
The U.S. International Trade Commission has announced an investigation into claims that certain lithium metal oxide cathode materials and lithium metal-ion batteries used in power tools infringe patents asserted by BASF Corp. and UChicago Argonne LLC.
Microsoft Corp., CVS Caremark Corp., JPMorgan Chase & Co., Wells Fargo Bank NA and HEB Grocery Co. LP were sued Thursday in Texas federal court over claims that they ripped off a patented geolocation system.
Ford Motor Co. beat a $275 million patent infringement suit on Thursday when a Washington federal jury found that the automaker did not infringe four electric systems patents asserted by Eagle Harbor Holdings LLC, which was also found liable for misappropriating Ford's trade secrets.
Claims that Michigan-based Rader Fishman & Grauer PLLC co-founder Ralph Rader bilked nearly $2 million from the intellectual property boutique have been settled as of Friday, as have Rader’s claims that the firm owes him $1.6 million related to his exit after a stroke.
After much cajoling from a litany of business groups, the U.S. government has begun pressing China to shed more light on the controversial rules placing restrictions the use of foreign technology in its banking sector, according to a World Trade Organization document circulated Thursday.
A company representing cable television producers urged a D.C. Circuit panel Friday to nix a Copyright Royalty Board decision allegedly stiffing it on millions in broadcast royalties from 2000 to 2003, saying the CRB arbitrarily gave Motion Picture Association of America most of the revenue.
Meat products company Parks LLC is pushing for an immediate ban on Tyson Foods Inc.'s new high-end line of Ball Park hot dogs called “Park's Finest,” arguing that the recently debuted brand name amounts to a literal false claim that Tyson's franks are sold by Parks.
A New Jersey federal judge on Thursday granted Volvo Car Corp.'s bid for nearly $1 million in attorneys’ fees in a suit accusing the automaker of ripping off a child safety seat patent, saying there was no “reasonable basis" for the suit to have been filed because the products differ heavily.
The U.S. Supreme Court will soon hear arguments in a case that could discard a 50-year-old rule barring royalty agreements that continue after a patent expires, a move attorneys say would reshape patent licensing negotiations by clearing the way for longer deals with more complex terms.
The U.S. Patent and Trademark Office is increasing the page limits for some filings in America Invents Act reviews, effective immediately, in the first of a series of rule changes that will be rolled out in the coming months, the office said Friday.
Intellectual Ventures LLC and Motorola Mobility LLC clashed again Thursday in Delaware federal court, where the now-familiar foes commenced another trial over alleged patent infringement by Motorola technology.
The Federal Circuit ruled Thursday that third-parties to a patent cannot use the Administrative Procedure Act to challenge U.S. Patent and Trademark Office decisions to revive patent applications that were abandoned because of late filings, rejecting a challenge to an application covering the injectable pain reliever Ofirmev.
After being repeatedly reversed by the U.S. Supreme Court, the Federal Circuit appears "absolutely terrified" of further rebukes and will now scrupulously follow the high court's dictates, including deferring to lower courts on claim construction, the appeals court's former chief judge said Thursday.
For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.
If the Federal Circuit’s decision is affirmed by the U.S. Supreme Court in Commil USA LLC v. Cisco Systems Inc. — set for oral argument Tuesday — it may all but eliminate induced infringement under Section 271(b) as a viable theory of infringement liability, says Matthew Berkowitz of Kenyon & Kenyon LLP.
On the heels of initiatives by other states, Texas may soon have its own statute addressing demand letters that allege patent infringement. Of particular interest in the recently filed bill are the registration and disclosure requirements for certain patent infringement claims, says Richard Smith, an intellectual property attorney.
Perhaps most frustrating about the decision in B&B Hardware Inc. v. Hargis Industries Inc. was the U.S. Supreme Court's dismissive approach to the very real concern that Trademark Trial and Appeal Board proceedings are incredibly different from district court infringement cases, says Jane Shay Wald of Irell & Manella LLP.
Despite the decision in Rodriguez v. Secretary of the Department of Environmental Protection, the Third Circuit’s ruling was very narrow and leaves a door open for future challenges to state trade secret protections for hydraulic fracturing companies when it comes to medical care carveouts, says Emily Thomas of Baker & Hostetler LLP.
The launch of the .sucks generic top-level domain is of particular concern to brand owners. But all is not necessarily lost for companies who are not willing or able to purchase domain names in the .sucks registry, say Andrea Calvaruso and Ana Correa of Kelley Drye & Warren LLP.
Just like Alice used magical tonics to escape from her predicaments in Wonderland, patent practitioners can create a potion to escape misguided application of the U.S. Supreme Court's Alice test for subject matter eligibility. To discover the ingredients, we must embark on a tour of post-Alice decisions from the Federal Circuit, district court and Patent Trial and Appeal Board, says Ji-Yong Chung, an attorney with Snyder Clark Lesc... (continued)
The introduction of a single fact — standardization — has thrown reasonable royalty analyses into deep and unnecessary complexity. Using our “footprint” methodology, reasonable royalty damages for standard-essential patents can be calculated the same way as in any other case, say attorneys with Robins Kaplan LLP.
A California federal court's recent ruling in Amgen Inc. v. Sandoz Inc. is the first to interpret two key provisions of the Biologics Price Competition and Innovation Act and, if upheld on appeal, will have a tremendous impact on the patent litigation strategies of both reference product sponsors and biosimilar applicants going forward, say attorneys with Cantor Colburn LLP.
Small popcorn manufacturer Candyland Inc. claims that industry giants using its registered “Chicago Mix” mark are infringers, but Cornfields Inc. and Snyder’s-Lance Inc. have asserted that “Chicago mix” is the generic name for a blend of caramel and cheese popcorn. Notably, Candyland’s use of the trademark on its website is less than ideal from a trademark owner’s perspective, says Lora Friedemann of Fredrikson & Byron PA.