W. L. Gore & Associates Inc. may be liable for more than $1 billion in damages after a judge ruled Thursday that it had willfully infringed a blood vessel graft patent owned by C.R. Bard Inc. in a long-running case in which the Federal Circuit last year set a new standard for proving willfulness.
A New York bankruptcy judge approved an auction and the bidding procedures for the sale of intellectual property assets held by Paulson & Co. Inc.’s MSR Hotels & Resorts Inc., despite the objections of creditor Five Mile Capital Partners LLC, according to an order on Monday.
Amazon.com Inc., Samsung Electronics Co. Ltd. and others urged the U.S. International Trade Commission on Monday to let stand a judge's ruling that they did not import consumer electronics that violate a Technology Properties Ltd. LLC microprocessor patent.
A software company waited too long to sue the government for allegedly violating its patents by using an inventory-tracking system at the U.S. Department of Defense developed by Northrop Grumman Systems Corp., a federal judge ruled Friday, granting Northrop Grumman's dismissal bid.
A Georgia federal judge on Thursday refused to dismiss a trade secrets and trade-dress infringement suit filed by a company that runs a Titanic exhibition against an ex-employee, rejecting the worker’s argument that the court lacked jurisdiction over the case because the alleged violations occurred in Asia.
A Florida appeals court on Friday partially reversed a trial court's summary judgment dismissing an information technology and engineering services company's $7 million suit over a broken business relationship and the procurement of a $90 million federal contract.
A Texas federal judge dismissed a case Friday brought by the University of Texas against a foreign online retailer for infringing its “Hook ‘em Horns” trademark by selling merchandise that resembles the famed hand signal, this after the parties reached a settlement.
The Federal Circuit on Friday vacated a decision by the Patent Trial and Appeal Board affirming the rejection of claims in a patent application relating to a bone screw, saying the board improperly introduced new grounds for rejection.
Indiana's tax court on Wednesday granted travel company Orbitz Worldwide Inc.'s motion to not show its Indiana hotel contracts to state regulators accusing the company of underpaying its taxes in 2007, ruling the documents represent trade secrets.
A California federal judge declared claims in four Vasudevan Software Inc. patents covering a database system invalid on Thursday after ruling they failed to explain how to make an operational version of the software, tossing separate infringement suits Vasudevan filed against MicroStrategy Inc. and Tibco Software Inc.
The Fifth Circuit on Wednesday reversed a Texas federal court’s decision to deny a preliminary injunction request by Heil Trailer International Co. forbidding a competitor from using alleged trade secrets taken from Heil, holding that the district court applied the balancing test for trade secret status incorrectly.
A California federal judge on Thursday refused to order Millennium Laboratories Inc. to cover the roughly $551,000 in attorneys' fees of Ameritox Ltd. after finding that Millennium’s trade dress suit against the rival medical testing company wasn't baseless and its aims weren’t anti-competitive.
The Federal Circuit on Wednesday affirmed a Florida federal judge's victory for Valeant Pharmaceuticals International Inc. in its patent dispute with Watson Pharmaceuticals Inc. over the antidepressant Aplenzin, a decision preserving Valeant's exclusivity over the drug.
A Texas federal judge on Thursday dismissed Alexsam Inc.'s long-running $250 million patent litigation against JC Penney Co. Inc., The Home Depot Inc. and Toys R Us Inc. over gift card activation technology, after Alexsam was unable to resolve “impossible” issues with its attorneys.
Major BitTorrent search engine isoHunt Web Technologies Inc. will pay $110 million and shutter its operations after reaching a settlement Thursday in a huge copyright infringement lawsuit brought by the major film studios.
A Texas appeals court said Thursday that a Valero Energy Corp. unit does not have to disclose proprietary documents relating to its refinery at the center of a property tax dispute, saying the information is unnecessary for tax authorities to determine the asset's value.
A New York federal judge on Wednesday admonished current and former attorneys for a photojournalist who recently settled claims accusing the Washington Post Co. of stealing his work off of Twitter, threatening them with sanctions if they fail to meet and try to hash out a dispute over the deal.
The estate of the late actress Bette Davis has agreed to dismiss its lawsuit against luxury retailer Barneys Inc., which had been accused of unlawfully using the legendary movie star's name to market a line of high-end jewelry, according to a stipulation filed Wednesday.
Ricoh USA Inc. has reached a settlement with a patent holding company to resolve allegations that the printer maker infringed a patent for technology used to remotely monitor office machines, a Texas federal judge said Tuesday.
The England and Wales Court of Appeal has nixed Mattel Inc.'s attempt to ban Zynga Inc. and others from imitating its classic Scrabble tile design, saying earlier this month that the word-game maker's tiles aren't a viable trademark.
As courts have changed the standard they apply to the calculation of reasonable royalty damages, litigants have responded by turning to conjoint surveys. Eight important aspects have been scrutinized in recent high-profile cases that used conjoint analysis, say economists with The Brattle Group Inc.
After a year of experience, inter partes reviews are even more attractive for a challenger with good section 102 or 103 documentary prior art than they initially appeared. It can be a great way for a defendant to short-circuit a long and expensive litigation, which is why 81 percent of the petitions are against patents already in suit, say Bryan Wheelock and Matthew Cutler of Harness Dickey & Pierce PLC.
Southwestern Energy Production Co. v. Berry-Helfand illustrates how a plaintiff can prevail handsomely under a trade secret misappropriation claim but lose under a Texas Theft Liability Act claim — and has to pay for defendant’s TTLA-related attorneys' fees, says Pierre Grosdidier of Haynes and Boone LLP.
Unfortunately, the credentials normally supplied by Big Law firms in beauty contests simply do not tell in-house counsel what they really want to know. Without discounting the difficulty of obtaining helpful information from candidates for outside counsel, there is one question that may be useful for in-house counsel to pose, says Andrew Jarzyna of Ulmer & Berne LLP.
The recently filed New York Pizzeria case serves as a reminder that those in the restaurant industry must closely guard their cooking secrets and employ effective nondisclosure and confidentiality agreements, assuming that employees may work for a competitor following their departure, says Jessica Mendelson of Seyfarth Shaw LLP.
Capitol Records v. Vimeo in the Southern District of New York highlights some of the challenges that streaming media services face as the body of case law develops regarding Digital Millennium Copyright Act safe harbor protection. Although courts are refining the law, many of the standards employed remain vague, and therefore, dangerous and potentially costly, say Justin Pierce and Matthew Farley of Venable LLP.
It can be a good thing to think of your trademarks as celebrities and of yourself as their agent, publicist, bodyguard and fan. The metaphor might sound silly, but it has a serious point as illustrated in two recent cases — Kaufman & Associates v. Bausch & Lomb Inc. and CPC Properties Inc. v. Dominic Inc. — and their contrasting outcomes, says Paul Thomas of Fredrikson & Byron PA.
Two things are clear from six months of Patent Trial and Appeal Board decisions on institution — the board institutes a proceeding on a vast majority of the inter partes reviews filed on most or all of the challenged claims, and the PTAB is using the decision on institution to limit the number of issues in the proceeding by denying some grounds on the basis that they are “redundant” or “cumulative” to issued grounds, says David Cavanaugh of WilmerHale.
Thanks to a provision buried deep in the America Invents Act, a patentee’s statements to a district court advocating a broad claim scope to ensnare accused infringers can now be used to justify equally broad claim interpretations for the purpose of assessing patentability in U.S. Patent and Trademark Office post-grant proceedings, says Robert Abrahamsen of Wolf Greenfield & Sacks PC.
Perhaps the most exciting development in the European Patent Office is the upcoming launch of the Unitary European Patent system. Europe has historically been a very expensive patent destination due to the need to validate in each desired country, prepare multiple sets of translations and pay annuity fees in multiple countries. For several decades, there has been discussion about a single patent that would confer protection throughout Europe, but no agreement on it has been reached until now, says Jeffrey Shieh of Inovia.