The District of Delaware's chief judge recently held in two rulings that companies must have permanent ties to the state to face patent suits there following the U.S. Supreme Court's TC Heartland ruling, and his analysis could keep many generic-drug cases in his court. Here's what attorneys can learn from the decisions.
Japanese drugmaker Kowa Co. Ltd. won a patent infringement trial against Amneal and Apotex on Wednesday when a New York federal judge delivered the verdict that Kowa’s patent for the statin Livalo was valid and that the defendants were not able to show it was anticipated or obvious.
Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.
Massachusetts' highest court has agreed to review a lower court's ruling that a pair of insurers can't recoup sums they paid to defend Vibram USA Inc. against a suit alleging the company unlawfully obtained a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila in a case that raises multiple issues of first impression under state law.
Trade associations from the entertainment, art, medical and technology industries announced a new partnership Tuesday with a mission to advance creativity and innovation while facing the challenge of enforcing their intellectual property internationally.
The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board ruling that NFC Technology failed to show the inventor of a near-field communication device had created a prototype that rendered a patent obvious, saying the decision lacked substantial evidence.
A Delaware federal judge on Wednesday denied W.L. Gore & Associates Inc.’s bid to toss a jury’s finding that Gore’s patent relating to a stent device, which Gore had unsuccessfully alleged was infringed by C.R. Bard Inc., is invalid over prior art.
After telling Congress in July that the patent system is in “crisis mode,” former Federal Circuit Chief Judge Paul Michel has offered lawmakers numerous ideas on how to respond. From overhauling America Invents Act reviews to better defining eligibility rules, here’s a look at the judge’s legislative proposals.
In-house lawyers at Netflix won the company praise this week with a charming cease-and-desist letter they sent to an unauthorized “Stranger Things”-themed pop-up bar, reminding trademark attorneys everywhere that doom-and-gloom boilerplate isn’t always the right approach.
Amid revelations on Wednesday that a Waymo-commissioned expert report estimated damages caused by Uber’s alleged trade secret theft at $2.6 billion, U.S. District Judge William Alsup accused the Alphabet spinoff of crying “crocodile tears” in seeking to delay trial over the purported theft of self-driving car technology.
Intellectual property boutique Cislo & Thomas LLP has expanded its attorney ranks and its California footprint, adding five partners previously with Leech Tishman LLP as it opens two new offices in the state.
The Patent Trial and Appeal Board on Wednesday nixed a Mobile Telecommunications Technologies LLC wireless communications patent that the company had accused numerous tech giants of infringing, finding that it was obvious as anticipated over prior art.
The U.S. Tax Court's decided preference for the comparable uncontrolled transaction method, as shown most recently in transfer-pricing victories for Amazon and Medtronic, may not necessarily increase the method's popularity among taxpayers, experts say.
The screenwriter and director of "The Professor and the Madman," starring Mel Gibson and Sean Penn, sued a Hollywood production company in California federal court Tuesday, claiming the Academy Award-winning company willfully infringed his copyrights to the film's screenplay and defamed him.
The District of Massachusetts is already among the busier venues for patent litigation, but Boston-based attorneys believe the district offers advantages that could attract even more cases. From science-savvy jurors to hardworking judges, Law360 looks at the factors that make Boston an appealing patent venue.
A California federal judge on Tuesday delivered a verdict in favor of winemaker Fetzer Vineyards after it was sued for trademark infringement by bourbon maker Sazerac Co. Inc. over the use of a buffalo-themed product, saying that Sazerac had provided almost no backing for the claim that buyers would be confused.
Amgen Inc. accused the U.S. Food and Drug Administration Wednesday of limiting evidence in the company’s exclusivity bid for blockbuster calcium-control drug Sensipar, prompting a D.C. federal judge to ask that the parties privately solve the stalemate before the case goes forward.
A Connecticut federal judge on Tuesday preliminarily approved a $146 million settlement between direct purchasers and pharmaceutical companies over the drugmakers’ alleged role in a scheme to block generic alternatives to the stroke-prevention drug Aggrenox from coming on the market.
Blue Coat Systems Inc. and Palo Alto Networks Inc. asked the Federal Circuit to rethink a Patent Trial and Appeal Board ruling upholding a Finjan Inc. malware detection patent asserted against them, arguing that it had misinterpreted prior art.
One of the world’s largest breeders of mice for medical research asked a Maine federal judge on Monday to force arbitration against one of China’s most prestigious universities, accusing it of ripping off its costly research by breeding its mice and selling them for just a fraction of the cost.
Allergan subsidiary Warner Chilcott has told a Massachusetts federal court that pulling its Asacol ulcerative colitis drug off the market pursuant to a federal safety order can’t be considered anti-competitive conduct, urging the court to grant it a quick win in an antitrust lawsuit.
The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. Here, check out all of our best coverage of the case.
Following the U.S. Supreme Court's recent patent venue decision in TC Heartland, companies should take a fresh look at the Eastern District of Texas to put an end to forum shopping there, say Jeremy Elman and Robert Mallard of Dorsey & Whitney LLP.
Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.
Federal Circuit cases interpreting Halo will likely increase awards of attorney fees and thus portend an increase in allegations of willful infringement in Hatch-Waxman actions. The present standard for finding willful infringement in Hatch-Waxman actions is somewhat uncertain, say Brian Coggio and Ron Vogel of Fish & Richardson PC.
The Federal Circuit's recent decision in Snyder v. Secretary of Veterans Affairs raises the question of whether the U.S. Patent and Trademark Office has met the requirements for using adjudicative decisions as precedent, says Richard Torczon, of counsel at Wilson Sonsini Goodrich & Rosati PC and a former Patent Trial and Appeal Board judge.
Although software and business method patents have recently come under fire, there are valid approaches to successfully preparing and prosecuting these applications in the current environment, say Matthew Grady and Ed Russavage of Wolf Greenfield & Sacks PC.
Over the five years since inter partes review came into effect, it has made the Patent Trial and Appeal Board the most popular venue for litigating patent disputes. It is worthwhile to ask whether IPRs are achieving their intended policy goals and at what cost their popularity comes, say Gene Lee and Danielle Grant-Keane of Perkins Coie LLP.
Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.
Whether the 5-year-old Patent Trial and Appeal Board can achieve its lofty goals — providing a quick, inexpensive and reliable alternative to challenging patent validity — rests largely in the ability of counsel to effectively navigate the intersection of PTAB and district court jurisdiction, say Michael Specht and Jonathan Tuminaro of Sterne Kessler Goldstein & Fox PLLC.
Last month, the U.S. Patent and Trademark Office changed its policies and procedures for marks composed of a surname and an additional term. It seems that there are better odds in obtaining a registration for a surname mark with a broad descriptive term rather than a surname with a “merely descriptive” term, says Davide Schiavetti of Rothwell Figg Ernst & Manbeck PC.