BigLaw is strengthening conflict checks when issuing subpoenas in sprawling intellectual property disputes, lawyers said, as what was once a routine discovery matter increasingly draws client ire and conflict headaches.
The Patent Trial and Appeal Board has agreed to hear challenges by Mylan Pharmaceuticals Inc. to four patents owned by UCB Pharma GmbH relating to Pfizer Inc.’s Toviaz overactive bladder treatment, saying it is likely that they all are unpatentable.
Par Pharmaceuticals Inc. reached a settlement Monday in a patent infringement suit brought by Valeant Pharmaceuticals International and Cosmo Pharmaceuticals Ltd. in Delaware federal court over Par’s attempt to make a generic of the colitis treatment Uceris.
The International Trade Commission on Thursday found that MasterImage had infringed on rival RealD's patents for 3D movie theater projection systems and banned imports of MasterImage's infringing products into the U.S.
A rifle company will get back trade secrets allegedly taken by its would-be weapons buyers under an agreement filed Thursday in Florida federal court that leaves untouched the rest of the company’s lawsuit alleging it was shut out of contracts with Peru’s military worth more than $100 million.
Hasbro Inc. urged a federal judge Monday to throw off a toy designer’s allegations that the company stole her idea for glittered snow-globe style toys for its My Little Pony line after passing over her prototypes, saying her so-called trade secrets had no economic value.
Wendy's International Inc. is off the hook in a patent infringement suit over its use of Quick Response Codes in marketing materials because the patent holder's lawyer skipped hearings and was unresponsive for about six weeks, according to an order filed in Illinois federal court Monday.
The Federal Circuit ruled Monday that a district judge erred by not finding that several claims of two loan coordination patents LendingTree asserted against Zillow are invalid under Alice but remanded to let LendingTree move to vacate the invalidation of other claims.
Amazon Web Services Inc. asked a Virginia federal court on Friday to find an Australian corporation's two computer patents invalid, saying the company is wrongfully wielding them against Amazon cloud customers in 20 Texas lawsuits.
A photographer filed on Monday a $1 billion copyright infringement suit in New York against Getty Images' American arm, alleging that the company is sending out letters demanding licensing fees for her photos that were donated to the Library of Congress.
A California federal judge has denied Hewlett Packard Enterprise’s request to throw out a lawsuit alleging it distributed copyrighted Oracle software code through its tech support companies, saying in an order unsealed Friday that he would allow the direct copyright and contract interference claims.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple tries to take down a pear-shaped logo, Bristol-Myers and Novartis spar over brushstroke drug logos, and Subway faces trouble from a rival sandwich chain over the slogan "Believe in Better."
Geophysical Service Inc. got another shot at leveling trade secrets and infringement claims against ConocoPhillips, when a Texas federal judge on Monday found that GSI may have sued in a timely manner upon learning that the Canadian government released allegedly confidential documents to the oil and gas company.
The Federal Circuit on Monday reversed the Patent Trial and Appeal Board’s inter partes review decision invalidating a fracking patent, finding that the board wrongly put the burden of proof on the patent owner, rather than the challenger, in a rare total reversal of a PTAB ruling.
Rembrandt Wireless Technologies LP has urged the Federal Circuit to uphold a Texas federal court's judgment affirming a $15.7 million jury verdict finding that Samsung infringed two of Rembrandt's Bluetooth technology patents, saying Samsung lost fairly because it put on an "unconvincing and legally inadequate" invalidity case.
A California judge on Monday granted patent holding company Acacia Research Group's bid to stop Prophet Productions from deposing Acacia's general counsel in its suit alleging Acacia secretly licensed Prophet's patents to Microsoft and others, ruling the information at issue would be shielded by attorney-client privilege.
Paul Hastings LLP has bolstered its intellectual property practice with a patent and antitrust litigation specialist who formerly served as a partner at Patterson Belknap Webb & Tyler LLP and focuses on life sciences and technology.
A Minnesota federal judge on Monday trimmed breach of contract claims between Hormel Food Corp. and Oklahoma-based Unitherm Food Services, but left unresolved a dispute over who owns a pre-cooked bacon process they both say they developed and for which Hormel filed a patent application after terminating a joint agreement.
A California federal judge blocked a suit claiming HBO, Dwayne “The Rock” Johnson and Mark Wahlberg stole the idea for a show on the rakish lives of football players from two screenwriters’ 2007 pitch, ruling Monday that despite similarities the “themes and concerns are widely different.”
Bankrupt insecticide maker Vertellus Specialties Inc. asked a Delaware bankruptcy judge Friday for approval of a $370,000 severance package to enforce a noncompete agreement with an executive whose job will be eliminated in a planned merging of the company’s business units.
The estate that unsuccessfully accused Led Zeppelin of stealing the famed opening riff of their 1971 megahit “Stairway to Heaven” has announced its intention to appeal to the Ninth Circuit the California federal jury’s decision in the high-profile trial that concluded late last month.
While the claims in all Section 101 Federal Circuit decisions last year were found to be patent-ineligible, an analysis of the 2014 DDR Holdings ruling and three recent decisions reveals three ways to overcome or forestall a Section 101 challenge, say A.J. Tibbetts and Justin Colannino of Wolf Greenfield & Sacks PC and Gary Cohen of Xerox Corp.
Although the federal Defend Trade Secrets Act and the Texas Uniform Trade Secrets Act are both modeled after the Uniform Trade Secrets Act, there are several key differences between the two that should be taken into consideration when deciding whether to bring a state or federal claim, or both, says Michael Barbee of Griffith Bates Champion & Harper LLP.
In light of all the attention given to the U.S. Supreme Court's Cuozzo decision, let's take a closer look at how the broadest reasonable interpretation standard and the ordinary meaning standard have been applied historically, and decide what impact operating under the two standards may have in practice, say Miyoung Shin and Peter Lee of Brinks Gilson & Lione.
Stock market evidence should not shortcut the "rule of reason" analysis required for reverse-payment settlements in a post-Actavis world, and is far from the “smoking gun” of anti-competitive effects proclaimed by some advocates, say consultants at Analysis Group Inc.
In its recent holding in Intendis v. Glenmark, the Federal Circuit provided much-needed clarity for pharmaceutical patentees and strengthened the protection drug innovators can expect from patents covering their product formulations. The decision significantly alters the generic formulations playing field, say Andrea Reid, Nicholas Prairie and Joseph Arico of Dechert LLP.
The English Court of Appeal's recent decision in Cartier International v. British Sky Broadcasting validates the court's wide equitable powers and has practical applications in all fields of intellectual property, including in life sciences patent cases, say attorneys at Allen & Overy LLP.
Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.
While the U.S. Patent and Trademark Office's new Post-Prosecution Pilot is said to combine the best features of two existing programs, it may simply suffer from the same drawbacks. One difference that could lead to a higher success rate is that P3 applicants are required to participate in a 20-minute conference with the review panel, says Lisa Adams of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
There may be reasons to cover the terms for the software license and related services under separate agreements. But to avoid a finding that the two agreements should be treated as mutually dependent, the parties’ intentions must be clear in the four corners of the documents, say Joseph Guagliardo and Whitney Redding of Pepper Hamilton LLP.
The U.S. Supreme Court's ruling in Halo v. Pulse has changed the landscape of patent infringement risks, and should be taken into account when allocating risks in M&A transactions, including in connection with representations and warranties and associated indemnities, say Daniel Ilan and Shira Borzak of Cleary Gottlieb Steen & Hamilton LLP.