A case that the U.S. Supreme Court agreed to hear Monday may make it tougher for companies to use American patent law to collect damages for overseas conduct, as the justices examine a Federal Circuit ruling that held a company liable for shipping only a single component abroad.
It's been a big first half of the year in the world of copyright law, with major rulings on copyright trolling, pre-1972 recordings, music sampling and the fair use doctrine. Here are the seven you need to know about, and why.
Google Inc. is revisiting accusations that an attorney representing Oracle Corp. in its blockbuster Java code infringement suit against Google revealed confidential financial information in open court, telling a California federal court Wednesday it wants sanctions now that the trial is over.
A Maryland federal judge on Wednesday rejected Sinclair Broadcast Group's argument that it had an implied license to use a media consulting company style guide but did not agree the television company had acted with "actual malice" in a copyright infringement dispute.
A New York federal judge Wednesday signed off an agreement for Florida’s National Medical Management to pay Abbott Laboratories $8,900 to end accusations that it sold “gray market” diabetes test strips as part of a larger Racketeer Influenced and Corrupt Organizations Act suit.
Sony has notched another victory in its challenge to patents that its PlayStation 4 controller and Playstation Vita are accused of infringing, as the Patent Trial and Appeal Board on Wednesday found claims in a hand-held device patent were invalid.
The Electronic Frontier Foundation is urging a Texas federal judge to sanction Blue Spike LLC and its counsel Garteiser Honea PC for opposing its motions to intervene and unseal documents in Blue Spike’s suit accusing Audible Magic Corp. of infringing its digital fingerprinting patents.
A U.K. litigation funder sued the Chicago intellectual property boutique firm representing a company called the “original patent troll,” accusing the practice Wednesday of borrowing millions of dollars to pursue cases but failing to hand over the funder's cut of fees.
The Federal Trade Commission on Tuesday hit back at Abbvie Inc.’s Monday assertion that the agency is bringing up “new purported discovery disputes” in a pay-for-delay suit over the testosterone treatment AndroGel, urging a Pennsylvania federal judge not to allow Abbvie to delay resolution of Abbvie’s outstanding privilege challenges.
A California federal judge handed a trademark win to Pom Wonderful LLC on Wednesday, saying Oregon-based beverage maker Pur Beverages Inc. couldn’t prove the word “pom” was generic, while also ruling Pom Wonderful’s use of a heart-shaped “o" did not deviate far enough from its "POM" trademark to constitute abandonment of the mark.
Buyers of the anticonvulsant drug Lamictal urged a New Jersey federal judge on Tuesday not to pause discovery in the pay-for-delay case against GlaxoSmithKline and Teva following the U.S. Supreme Court's recent request that the U.S. solicitor general weigh in on the suit.
IBM Corp. retained its long-running title as the top patent owner in the U.S. in 2015, when the technology giant was issued more than 7,400 utility patents by the U.S. Patent and Trademark Office, according to a Wednesday report.
Sprint accused patent-holding company Prism Technology of attempting to “paper over” errors in a Nebraska trial that resulted in a $30 million infringement judgment against the wireless carrier, telling the Federal Circuit Tuesday to toss the award.
The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions from 2015 that invalidated three Robert Bosch Healthcare Systems Inc. patents related to telehealth technology, in a win for competitor Medtronic Inc. unit Cardiocom LLC, which Bosch had claimed infringed the patents through its electronic data collection system.
Houston College of Law, formerly known as South Texas College of Law, said Wednesday its new name will not create confusion with the University of Houston Law Center, which sued the school on Monday, claiming the new name and color scheme infringe its marks and brand.
The director of the U.S. Patent and Trademark Office on Wednesday said the agency would fast-track reviews of patent applications related to cancer treatment as part of an effort to support President Barack Obama’s “cancer moonshot” effort battling the disease.
The Federal Circuit revived claims in a television mount patent Wednesday, while taking an opportunity to knock the U.S. Patent and Trademark Office for the “fallacious” reasoning in one of its arguments defending a Patent Trial and Appeal Board decision.
A group of associations representing market participants have sent a letter to the U.S. Commodity Futures Trading Commission urging the agency to focus on risk control with its proposed rules to regulate automated and algorithmic trading, and to limit its access to sensitive source code.
A tech company that won an $8 million malpractice judgment against Antonelli Terry Stout & Kraus LLP over a botched patent application challenged two attorneys' argument that they should not be held personally liable, telling the Second Circuit on Tuesday that the trial court had erroneously cleared him.
The Patent Trial and Appeal Board has agreed to institute an inter partes review of all the challenged claims of a vehicle air bag patent held by a subsidiary of licensing firm Acacia Research Corp., finding that industry group Unified Patents will likely show at least one claim is unpatentable.
Fitbit Inc. told a California federal judge on Tuesday that its competitor Jawbone is misrepresenting the way its own products work in an attempt to skirt patent infringement claims, furthering an ongoing intellectual property rivalry between the wearable tech manufacturers.
Post-grant proceedings before the Patent Trial and Appeal Board often entail procedural battles over the proper scope of positions taken by the parties and the board. The Federal Circuit's recent decisions in SAS v. ComplementSoft and Genzyme v. Biomarin shed light on such Administrative Procedure Act issues, say attorneys with Paul Hastings LLP.
Since Alice, more than 15 pre-Markman Section 101 motions were denied as procedurally premature. Patent challengers and owners must therefore focus their briefing not only on the substantive question of patent eligibility, but also on whether the motion is procedurally ripe before Markman, say Evelyn Mak and Christine Capuyan of WilmerHale.
Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.
Biologic drug manufacturers are facing a confluence of disparate forces chipping away at once formidable patent estates, and although biosimilar entrants benefit directly from these pressures on their brand counterparts, the public has the most to gain from the emergence of a competitive market for biologic drugs, says Terry Mahn at Fish & Richardson PC.
Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.
For the third time since Alice, the Federal Circuit has upheld the validity of claims challenged under Section 101 as being patent-eligible. In Monday's Bascom v. AT&T decision, the court required a more robust analysis under step two of the Alice test, providing an avenue for patent owners to overcome an invalidity challenge under 101, say attorneys with Patterson & Sheridan LLP.
The U.S. Department of Defense’s long-awaited proposed rule — which makes significant changes to the ways contractors have conducted “data rights” business for almost 50 years — mostly turns the badly written 2012 National Defense Authorization Act's Section 815 into a workable framework. But two particularly troublesome potential pitfalls remain, say Jay DeVecchio and Locke Bell of Morrison & Foerster LLP.
When faced with claim construction decisions from other districts or judges, many courts give “reasoned deference” to the earlier opinion, and have applied a similar rubric to evaluating Patent Trial and Appeal Board claim construction decisions. Others, however, appear to have amplified the deference. Still others have refused to give any deference, says Andrew Sommer of Winston & Strawn LLP.
While the U.S. Supreme Court's recent attorneys' fees decision in Kirtsaeng v. John Wiley & Sons — which directs lower courts to give significant weight to a losing party’s objectively unreasonable litigation position — is likely to deter some meritless copyright litigation, the inability to collect a fee award from an impecunious litigant sometimes requires other methods of deterrence, say Barry Slotnick and Tal Dickstein of Loeb & Loeb LLP.
The Federal Circuit and the U.S. Patent and Trademark Office are moving in substantially the same direction at the same time, which may move U.S. patent practice back to a more moderate and discerning Alice implementation, says Ronald Embry of Patterson & Sheridan LLP.