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.
A New York federal judge on Friday pared most claims from Enzo Biochem Inc.’s suit alleging Affymetrix Inc. had breached a contract allowing it to distribute Enzo’s products for detecting nucleic acids, ruling Enzo had not provided enough information to back the claims up.
A South Carolina federal judge refused Friday to dismiss a patent infringement suit AstraZeneca Pharmaceuticals LP faces over a clinical trial of alternative uses for its Crestor cholesterol drug, trimming several claims lodged by the University of South Carolina's medical school but leaving others intact.
In a patent dispute over suture anchors used in reconstructive surgery that Arthrex Inc. said contorted the "willful blindness" test for indirect infringement, the U.S. Supreme Court declined on Monday to disturb a Federal Circuit decision awarding $85 million to Smith & Nephew Inc.
A New York federal judge on Friday tossed Enzo Biochem Inc.'s breach of contract, unfair competition and patent claims against two biotechnology companies over their use of its patented technology for labeling nucleotides, the basic building blocks of DNA, after finding Enzo could not back up its accusations.
In a win for Broadcom Corp., the U.S. Supreme Court on Monday vacated and remanded a Federal Circuit decision that refused to enforce a forum-selection clause in a patent suit, citing its decision in a similar case to grant priority to forum selection agreements in venue disputes.
The U.S. Supreme Court on Monday let stand rulings axing a trade secret theft claim involving hard disk drive technology brought by engineering firm Convolve Inc. against units of Seagate Technology (US) Holdings Inc. and Hewlett-Packard Co., rebuffing Convolve's constitutional arguments.
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.
A decision by the U.S. Supreme Court in the Highmark Inc. case providing greater deference to a district judge’s findings could result in fewer awards being reversed on appeal, thereby increasing the number of awards and their deterrent effect against baseless lawsuits. The Icon Health & Fitness Inc. case provides a greater potential to reshape the landscape for awarding attorneys' fees by seeking what appears to be a lower standard, says Russell Cass of Sidley Austin LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
The term of copyright in sound recordings and performers' rights has been extended in Europe from 50 to 70 years for sound recordings that were first released on or after Jan. 1, 1963. It seems likely that the new law will have at least some commercial impact once the interplay between a number of provisions meant to benefit performers have been subject to careful analysis, say Sarah Byrt and Daniel Gallagher of Mayer Brown LLP.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
In Broadcom v. Emulex, the Federal Circuit hewed closely to its old bias in favor of injunctions. Its facile reasoning bodes well for patentees in future cases, but departs from its recent, less plaintiff-friendly decisions establishing a “causal nexus” requirement in the battle between Apple Inc. and Samsung Electronics Co. Ltd. Failure by one panel to follow the holding of another panel of the same court is error, say attorneys with Day Pitney LLP.
Recent media coverage has highlighted the use of non-U.S. entities by U.S.-based multinational companies to conduct intellectual property operations and own intangible property related to their businesses. This ownership structure can be particularly advantageous if the non-U.S. affiliate is located in a jurisdiction with which the United States has entered into a tax treaty, say Sang Ji and Steven Gee of White & Case LLP.
A consensus on both the methodology for calculating a fair, reasonable and nondiscriminatory royalty and the unavailability of injunctive relief to FRAND-obligated patent holders is emerging, at least in federal district court and at the U.S. International Trade Commission. The current trend may require FRAND-obligated patent holders to re-examine and temper their licensing demands, says Stan Lewis of Baker Botts LLP.