Whether you’re an experienced general litigator or a freshly minted trademark associate, taking a case before the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board for the first time can be a daunting task. Here are five tips to avoid making easy mistakes — from experts who’ve seen them made.
The producers of an unauthorized "Star Trek" film were the latest fans targeted for producing so-called fan fiction, but they were hardly the first. With that case heading toward a settlement this week, here are the other times we've seen this kind of complicated clash between die-hard fandom and cold, hard copyright law.
A California federal jury has decided that Nistica Inc.’s optical network filters don’t infringe one patent owned by fiber-optics rival Finisar Corp., while jurors deadlocked over whether the filters infringed a second Finisar patent.
A Missouri federal judge ruled Tuesday that Mid-Century Insurance Co. doesn't have to defend an advertising agency in a suit alleging it stole a newspaper's trade secrets to build up its business, finding the underlying complaint doesn't allege the newspaper's owner suffered any injury that falls under the Mid-Century policy's coverage.
The company behind the fruity alcohol drink Joose is pushing to toss out a lawsuit that claimed it was closely mimicking the trade dress of rival Four Loko, saying the suit was aimed at “bullying” the company “into submission.”
Chinese mobile developer Huawei Technologies Co. Ltd. took aim at Samsung Electronics Co. Ltd. in California federal court Tuesday, accusing the Korean technology giant of infringing 11 patents to offer faster connection speeds via 4G wireless networks on smartphones and tablets.
A natural pet food company has accused Wal-Mart Stores Inc., Nestle Purina Petcare Co., Mars Petcare US Inc. and several others of “unconscionable” false advertising, claiming that they use images of premium cuts of meat and fresh vegetables on products made from cheap animal trimmings.
The Ninth Circuit upheld an injunction Tuesday that largely bars a Chinese solar energy company from using the name Sun Earth in the U.S., striking down a California solar thermal company's bid to tighten the screws on the foreign firm and win fees under the U.S. Supreme Court's Octane Fitness standard.
Hoping to salvage a $16 million award it won against Cisco Systems Inc. in a Wi-Fi patent case, an Australian national research agency turned to the U.S. Supreme Court Wednesday, arguing the Federal Circuit’s damages rules are undermining the finality of patent litigation.
The European Commission on Tuesday published its proposal for an annex to the Transatlantic Trade and Investment Partnership that would be devoted solely to working with the U.S. on drug regulations, stressing the need for faster and cheaper approval of medicines in both markets.
Led Zeppelin on Tuesday slammed a bid to compel the band members' attendance at an upcoming trial in California federal court over alleged copyright infringement concerning their famous song "Stairway to Heaven," labeling it a "PR stunt in the hope of tainting the jury pool," as they've said they'll be there.
Sanofi urged a Delaware federal judge Monday to toss a jury's verdict finding rival Amgen's cholesterol drug patents valid and order a new trial or enter judgment against Amgen in its infringement row, saying the court erred in excluding evidence and throwing out Sanofi's obviousness defense.
The Federal Circuit on Tuesday declined to rehear its decision that German chemicals company Sud-Chemie AG did not infringe rival CSP Technologies Inc.'s patent covering moisture-free containers for consumer goods.
The Patent Trial and Appeal Board on Monday upheld claims in a Straight Path IP Group online communication patent, following a rare reversal by the Federal Circuit that found the PTAB used an incorrect claim construction when it previously invalidated the claims.
Deliberations in Oracle's $8.8 billion trial over Google’s use of copyrighted Java software code in the Android operating system were delayed when jurors couldn’t access digital evidence files on Tuesday in California federal court.
AstraZeneca AB on Monday urged a New Jersey federal court to dismiss Dr. Reddy's Laboratories suit alleging it wrongfully blocked the generics maker from using a purple capsule for its version of Nexium, saying a Delaware federal court already decided the issue by enjoining Dr. Reddy’s use of the purple marks.
Apotex has reached a settlement to resolve its claims against Senju Pharmaceutical in an antitrust suit accusing multiple drugmakers of trying to extend the patent for Allergan Inc.’s Zymar pinkeye treatment, according to a stipulation approved Tuesday in a Delaware federal court.
California and Texas, the two most populous states in the U.S., top the charts for producing the most patents, according to the U.S. Patent and Trademark Office’s open data portal, which was formally introduced by USPTO director Michelle Lee on Tuesday.
A California federal judge on Tuesday dismissed infringement suits against Hyundai, Kia and Nissan by automotive patent holder Signal IP Inc., after the companies said they had resolved their differences and reached settlements putting an end to their respective litigation.
The Patent Trial and Appeal Board on Monday accepted generic drugmaker Argentum Pharmaceuticals' petition to review a patent for UCB Inc.'s epilepsy drug Vimpat.
Teva Pharmaceuticals was too late to challenge two Suboxone patents, the Patent Trial and Appeal Board ruled Monday, despite the drugmaker’s claim that technical issues with the board’s online filing system delayed its petitions.
Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.
While there is some truth to the notion that patents are not a prerequisite for business success in the technology sector, they remain a vital strategic tool for companies to protect their value proposition, mitigate risk and to actually accelerate the pace of innovation as opposed to hindering it as argued by many in the industry, says Ayaz Hameed, global head of IP for Pegasystems Inc.
With a landmark class action settlement scheduled to be approved next month, the iconic song that has ushered in birthdays of everyone from royalty and presidents to citizens and children alike will — for the first time in over 100 years — undisputedly fall in the public domain. The return of “Happy Birthday to You” to the public domain is unquestionably a resounding victory against ever-increasing false copyright claims, says Tama... (continued)
The standard responses for why mediations fail are “wrong people, wrong time, no joint session,” but in interviews with colleagues and fellow mediators, Cecilia Morgan at JAMS ADR takes a look at other common reasons why mediation are unsuccessful, and the best ways to guide a mediation to a satisfactory conclusion.
On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)
Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.
The America Invents Act permits patent owners to move to amend claims of a patent subject to inter partes review. However, attempts to amend claims have been largely unsuccessful to date, and some of the hurdles patent owners face are not set forth in the rules. The patent office has left patent owners to sift through Patent Trial and Appeal Board and Federal Circuit decisions to understand the state of motion to amend practice, sa... (continued)
Last week, the Federal Circuit imposed important limitations on the post-Alice doctrine of software patent invalidity, and patent owners everywhere could be heard sighing in relief. While most post-Alice software patent cases have turned on the second step of the two-step process for determining validity, Enfish makes the first step more meaningful, say Evan Rothstein and Patrick Hall of Brownstein Hyatt Farber Schreck LLP.
The current framework for determining patentability — the two-step process described in Alice — should be discarded based on the Constitution and the U.S. Supreme Court’s own adoption of the canons of statutory construction. Ariosa v. Sequenom has a cert petition pending and is the court's opportunity to get back on the right path, says David VanVliet of Armstrong Teasdale LLP.
Several new laws protecting whistleblowers could jeopardize employers’ trade secrets by allowing them to be disclosed to the government, which presents the risk that Freedom of Information Act officers will exercise their discretion to produce trade secrets to requesters and potentially impair their value, say attorneys at Proskauer Rose LLP.