Proskauer Rose LLP said on Tuesday it brought over a life sciences patent litigation partner from Bingham McCutchen LLP to chair its practice in Los Angeles.
Perrigo Co. on Monday urged a Washington, D.C., federal judge to order the U.S. Food and Drug Administration to update its records to reflect its approval of Perrigo's testosterone gel product within 21 days, saying it will be irreparably harmed otherwise.
Tessera Inc. asked the U.S. Patent and Trademark Office Monday to end an inter partes review under the America Invents Act program of one of its semiconductor patents, arguing that since it agreed to let the patent expire early, it is subject to a new claim construction standard.
Mallinckrodt LLC and Nuvo Research Inc. sued generic-drug maker Metrics Inc. in New Jersey federal court Monday, alleging the generics manufacturer violated their patents for the arthritis pain medication Pennsaid.
The U.S. Tennis Association has settled a New York federal court suit accusing the directors of a documentary about tennis stars Venus and Serena Williams of using U.S. Open footage without a license, a representative for the filmmakers said on Tuesday.
As DLA Piper partner Matt Satchwell neared the end of his undergraduate studies in theoretical physics he made a snap decision to take the LSAT. This decision quickly led to a successful international practice representing some of the world's largest technology companies in major patent litigation, which has earned him a spot among Law360's top intellectual property attorneys under 40.
Patent infringement cases often involve complex and arcane technology that can be difficult to boil down for jurors, but trial lawyers say providing relevant analogies and detailed graphics as well as allowing jurors to get their hands on the devices in dispute are critical techniques that have helped them notch wins in patent fights.
A Georgia federal judge on Monday rejected a renewed bid by Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. to nix the Federal Trade Commission's pay-for-delay case against them, finding that their patent settlement over testosterone replacement treatment Androgel is not entitled to Noerr-Pennington antitrust immunity.
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board on Friday said Electronic Frontier Foundation has established a “reasonable likelihood” that it will prevail in its formal challenge to Personal Audio LLC’s patent-protecting podcast technology, which the EFF says is unpatentable based on prior art evidence.
Samsung Electronics Co. Ltd. should pay no more than $38.4 million in damages if a California federal jury finds that its mobile devices infringed five of Apple Inc.'s iPhone patents, Samsung's damages expert testified Monday in the rivals' latest trial while challenging Apple's $2.2 billion demand.
A Texas federal judge on Monday denied a request by SAP America Inc. to vacate a $391 million patent infringement judgment for Versata Software Inc. after SAP won a ruling from the U.S. Patent and Trademark Office invalidating the patent-in-suit under the America Invents Act.
The Federal Circuit on Monday upheld a $16 million jury verdict against generic-drug maker Glenmark Pharmaceuticals Ltd. for allegedly infringing a patent licensed exclusively to Abbott Laboratories for the blood pressure drug Tarka, finding the patent was not obvious.
The Federal Circuit on Monday postponed the enforcement of a preliminary injunction that would have banned some U.S. sales of a heart valve system that allegedly infringes an Edwards Lifesciences AG catheter patent, giving a procedural win to Medtronic Inc. in its long-running patent tussle with Edwards.
A Delaware federal judge on Monday entered judgment in favor of defense contractor L-3 Communications Corp. and against Sony Corp. in one piece of a dispute over an L-3 patent for semiconductor image sensors, refusing to render the patent invalid and rejecting parties’ calls for final judgment.
Defending medical device maker Arthrex Inc. against damages claims after an unfavorable patent infringement ruling and representing Chrysler Group LLC at the Federal Circuit in a fight over attorneys' fees, Dickstein Shapiro LLP's Megan Sunkel Woodworth has landed herself among the 10 young intellectual property attorneys to make Law360's list of rising stars.
Malaysia’s national oil company has asked the U.S. Supreme Court to decide if federal law on contributory trademark infringement applies to cybersquatting, arguing that GoDaddy.com Inc. should be held liable for forwarding users to porn sites with domain names that allegedly step on the oil company’s mark.
Pfizer Inc. on Monday agreed to pay $190 million to settle a class action coursing through New Jersey federal court alleging that the drug giant conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses, signaling an end to more than a decade's worth of contentious antitrust litigation.
Pronova BioPharma Norge AS has asked the U.S. Supreme Court to shed light on a statutory provision that renders patents invalid if they cover technology that has been in “public use” for over a year, arguing that the Federal Circuit bungled the rule in nixing its patent for triglyceride-lowering drug Lovaza.
Bayer AG, which sells its Aleve brand as “Flanax” outside the United States, won a precedential ruling at the Trademark Trial and Appeal Board last week canceling a registration on the name that the board said was a “blatant” attempt to confuse Latin American consumers.
Barnes & Thornburg LLP announced Thursday that it had picked up an appellate and trial lawyer from Akin Gump Strauss Hauer & Feld LLP who handles intellectual property, bankruptcy, insurance, white collar and labor matters to enhance its litigation department in Los Angeles.
The Ninth Circuit's recent decision in Herb Reed Enterprises LLC v. Florida Entertainment Management Inc. has shifted the balance against plaintiffs seeking a preliminary injunction in the trademark context to be in line with the trend in patent cases. The party seeking an injunction must proffer some evidence of irreparable harm, and can no longer rely on the presumption, say Beth Goldman and Daniel Justice of Orrick Herrington & Sutcliffe LLP.
The new world of 3-D printing raises many new and old questions about how to use intellectual property as part of a business model. Utility patents, copyrights, design patents and trade dress offer relevant, adaptable protection options, and each has its own set of pros, cons and considerations, say Paige Stradley and George Lewis of Merchant & Gould.
Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.
Some of the early commentary on the Eastern District of Texas' new alternative case management procedure for patent cases focused on how it might be “bad news” for some nonpracticing entities taking that approach. A deeper dive, however, reveals that, while Track B might benefit parties accused of infringing a patent in some situations, in others, it might even benefit parties asserting their patents, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.
The Trademark Trial and Appeal Board has recently held that applicants did not possess an objectively supported “bona fide intent,” when there was little or no documentation to evidence a plan to use the mark in commerce at the time of application. Such scrutiny is at odds with the Lanham Act and U.S. Patent and Trademark Office regulations, say Judith Grubner and Kathleen Waitzman of Arnstein & Lehr LLP.
While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.
The Patent Trial and Appeal Board's recent decision in Ex Parte Gross sets forth its “preferred verbiage” for alternative claim limitations. While the PTAB indicated that “and/or” is acceptable, but disfavored, a patentee should take care when following this guidance, as the courts have read such claims much more narrowly, say Clifford Ulrich and Michael Turner of Kenyon & Kenyon LLP.
Are contractual agreements by patent licensees not to challenge the validity of a licensed patent enforceable? Despite the regularity with which patentees confront this question, the answer is surprisingly unclear, say Margaret Sampson, Ajeet Pai and Jeff Gritton of Vinson & Elkins LLP.
In Europe, patent holders can obtain compensation for regulatory delays in bringing a new medicinal product to market via the award of a supplementary protection certificate. The system was intended to be clear and easy to implement, but after more than 20 years, courts and practitioners remain unsure as to how key terms in the legislation are to be interpreted, despite three recent EU Court of Justice judgments, say Matthew Jones and Andrew Sharples of EIP.
Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.