Google Inc. filed a brief Monday seeking to persuade the Fifth Circuit to affirm an injunction blocking Mississippi Attorney General Jim Hood’s investigation into whether the company allows pirates to sell drugs and stolen movies through advertising and YouTube, saying the probe defies federal law and the Constitution.
A Delaware federal judge ruled Monday that Glenmark Pharmaceuticals Ltd. infringed a Bayer Healthcare Pharmaceuticals Inc. patent for its Finacea rosacea treatment, saying the Mumbai-based pharmaceutical company also failed to show the patent should be invalidated as obvious.
A Pennsylvania federal judge awarded a Taiwanese drone marker $1.7 million in attorneys’ fees Tuesday in its suit accusing Parrot Inc. of infringing its patents for drones piloted via mobile apps, saying that the fees were appropriate considering the company spent much of last year resisting discovery efforts.
The Patent Trial and Appeal Board has decided not to rehear a decision instituting America Invents Act review of an Intellectual Ventures I LLC patent, even though the board denied review of the same patent last year, saying it has the discretion to make such rulings.
Cascades Computer Innovation LLC, whose CEO was once described as "the original patent troll,” and HTC Corp. asked a judge Monday to put their patent dispute on hold until Cascade’s related case with Samsung Electronics Co Ltd. can be resolved.
A Nevada federal judge on Tuesday said the court lacks jurisdiction in a suit brought by an inventor accusing the U.S. Patent and Trademark Office of sitting on his two patent applications for more than four decades and transferred the case to the Eastern District of Virginia.
The Federal Circuit found Tuesday that a Wisconsin federal judge wrongly overturned a $1.86 million patent jury verdict won by Circuit Check Inc. against rival QXQ Inc., ruling that the prior art he said rendered the patents obvious involved simple concepts unrelated to the invention.
A Warner Music Group Corp. unit told a California federal judge Tuesday that newly-uncovered evidence in a class action challenging its copyright on “Happy Birthday to You” does not warrant an award of summary judgment for the challengers, saying the documents don't necessarily prove the song had fallen into the public domain.
A New Jersey federal judge on Monday handed TD Bank NA a partial win in its copyright infringement suit against Commerce Bancorp LLC founder Vernon Hill, saying Hill’s 2012 book lifted verbatim entire paragraphs from an earlier manuscript written by Hill, but owned by TD Bank.
Patent group Unwired Planet LLC told a California federal judge on Monday that there was nothing “exceptional” in its litigation against Apple Inc. that would justify the $15 million in attorneys' fees sought in a patent dispute over cellular and voice recognition patents.
Apple Inc., Facebook Inc., Yelp Inc. and a host of other big-name tech companies urged a California federal judge Tuesday to throw out Evolutionary Intelligence LLC’s lawsuits accusing them of infringing two patents on data management, arguing that the patents are invalid under Alice.
The Federal Circuit ruled Tuesday that a lower court correctly dismissed Petzilla Inc.'s lawsuit that sought a ruling it didn't flout a patent belonging to Anser Innovation LLC, a fellow startup in the field of technology that lets people video-chat with their pets and electronically give them an edible treat.
College athletes told the Ninth Circuit on Monday not to delay a decision that allows them to be paid for the use of their names, images and likenesses, blasting the NCAA’s bid to stay the injunction as groundless and hyperbolic.
Durie Tangri LLP has bolstered its intellectual property practice with a former Weil Gotshal & Manges LLP attorney who litigates high-stakes patent and technology disputes and made Law360’s Rising Star list of top IP lawyers under 40 earlier this year.
The Patent Trial and Appeal Board on Monday upheld an America Invents Act challenge brought by Juniper Networks Inc. to two Brixham Solutions Ltd. patents covering network routing technology, finding they were proven obvious over prior art.
Ruling against PepsiCo.'s Frito-Lay Inc., the Federal Circuit said Tuesday that it wouldn't reconsider a May ruling that overturned a trademark office decision that declared Snyder's-Lance Inc.'s “Pretzel Crisps” trademark generic.
Michael Jordan and his attorneys should be sanctioned in his right-of-publicity suit accusing a grocery chain of using his likeness in a magazine advertisement without permission, Jewel Food Stores Inc. told an Illinois federal judge Monday, arguing he has violated the court’s order to stop repeatedly asking for judgment.
Microsoft Corp. was hit with a patent infringement suit accusing the tech giant of copying features from Corel Software LLC’s WordPerfect program and including them in its popular Microsoft Word product, according to a complaint filed in Utah federal court on Monday.
Generic drug-giant Teva Pharmaceuticals Inc. filed an amicus brief Thursday urging the Federal Circuit to keep a suit filed by AstraZeneca AB against generic drugmaker Mylan Pharmaceuticals Inc. over two versions of AstraZeneca diabetes drugs in Delaware, saying Mylan is subject to specific jurisdiction in that state for patent-infringement claims.
A California federal judge on Monday tentatively dismissed a screenwriter’s claims that actress Elizabeth Banks, her husband and six production companies stole the script for the film “Walk of Shame,” saying the similarities between the plaintiff’s script and the film were too general for a copyright claim.
By clarifying the standard against which patent definiteness is evaluated, the U.S. Supreme Court in Nautilus has articulated the role of reasonable certainty in patent claim construction. While there is no bright-line test to define reasonable certainty, the concept of reasonableness itself is well accepted as the basis of the common law system, say Neil Steinkamp and Robert Levine of Stout Risius Ross Inc.
Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.
The lack of unanimity, combined with the exceptional importance of this decision to the biopharmaceutical industry suggests that one or both litigants may seek en banc rehearing, say Dr. Paul Calvo and Timothy Shea Jr. of Sterne Kessler Goldstein & Fox PLLC.
The success of inter partes review is leading companies to leverage the proceedings beyond merely a defense to a patent infringement lawsuit. IPR is being used to open up new markets well before litigation ever starts, says Matt Cutler of Harness Dickey & Pierce PLC.
In the United States, many patent claims related to personalized medicine are being challenged based on patentable subject matter, whereas in Europe, most claims are questioned based on novelty and inventive step, says Gabriela Coman of Dickstein Shapiro LLP.
Attorneys representing clients with musical compositions originally registered with the Copyright Office under the 1909 Copyright Act may want to consider taking steps to help their clients avoid the same disadvantages that Marvin Gaye's heirs faced in the "Blurred Lines" case, say attorneys with Robins Kaplan LLP.
The failed prosecutions of former Goldman Sachs Group Inc. computer programmer Sergey Aleynikov in both federal and state court should be a wake-up call to Congress and state legislatures that statutes passed years ago when trade secrets were kept in a locked file drawer are no longer well suited for the cyberworld of the 21st century, says Mark Halligan of FisherBroyles LLP.
Understanding how the U.S. Federal Drug Administration regulates antibody drug conjugates and how regulatory data exclusivity will likely be awarded for different types of ADCs is of critical importance to life science companies that are developing these new types of innovative and targeted biopharmaceuticals, say Charles Lyon and Robert Sahr at Choate Hall & Stewart LLP.
The high success rate for petitioners in inter partes reviews has lessened would-be petitioners’ concerns about the risks of estoppel. There also has been some clarity from the Patent Trial and Appeal Board and the district courts about the scope of the America Invents Act estoppel provisions, which provides some good news for petitioners, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow Garrett & Dunner LLP.
The Second Circuit is now left to decide whether to affirm a New York district court’s broad interpretation of the Computer Fraud and Abuse Act, or to join the Fourth and Ninth Circuits — the two most recent circuits to address the issue — in the narrow reading of the CFAA that requires actual hacking, say Daniel Winston and Anita Spieth of Choate Hall & Stewart LLP.