Advances in artificial intelligence raise intriguing patent law questions, including whether AI breakthroughs are patent-eligible and whether AI that creates something can be an "inventor" entitled to a patent. Here's a look at issues attorneys say patent law will soon need to confront in this burgeoning field.
Nokia Technologies Oy has thrown its support behind Core Wireless Licensing SARL's bid asking the Federal Circuit to reinstate a $7.3 million jury verdict for patent infringement against Apple Inc., arguing in a Tuesday brief that the panel was wrong to find that one of Core Wireless' cellular patents might be unenforceable.
The Federal Trade Commission's power to punish past conduct involving consumer fraud or anti-competitive shenanigans is looking wobbly after a one-two punch of court decisions forcing the agency to also identify imminent or ongoing violations when it challenges prior behavior.
After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting? (This article is part of a series examining gender gaps at the high court.)
The Federal Circuit on Tuesday allowed a lawsuit against Apple Inc. over patents covering a communication system to move forward in the Eastern District of Texas, rejecting arguments that California would be a more convenient forum.
Intellectual property litigation is becoming increasingly complex with ever-higher stakes for companies, and seven firms stand out for general counsel as being able to deliver the top-shelf results in IP matters, according to a report released Wednesday.
Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.
The U.S. International Trade Commission has opened an investigation into mobile phones and other devices sold and imported by Apple, HTC and ZTE after a patent licensing firm accused the companies of infringing on patents that cover technologies relating to the 3G and LTE wireless communications standards.
The Patent Trial and Appeal Board refused on Tuesday to review a fiberglass insulation patent owned by Knauf Insulation Inc., finding that rival Johns Manville Corp. had not shown that it would be likely to win on its claims that the patent is too obvious.
Qualcomm has told a California federal judge that Apple can't argue it doesn't owe royalties for a particular patent because its window to do so has shut, and the consumer tech giant's theory that the patent has been newly injected into the companies' massive licensing dispute belies the fact Apple has known about the patent for months.
Roku’s media players and streaming sticks are infringing the asserted claims of a patent covering a system for streaming media content from a mobile phone to larger displays such as televisions, the patent’s owner contended Tuesday in Texas federal court.
The Federal Circuit on Tuesday affirmed a ruling by a Delaware district judge that several claims of a company’s patent for technology that calls multiple phone lines at once are invalid under the Supreme Court’s Alice ruling because they do not solve a technological problem.
American Airlines hit Expedia with a trademark lawsuit in Texas federal court Tuesday over the booking site’s launch of an “Add On Advantage” program, saying the name is confusingly similar to the airline’s “AAdvantage” rewards brand.
The Patent Trial and Appeal Board ruled Monday that ski equipment maker Marker Volkl USA Inc. had shown in an inter partes review that much of a ski binding patent it is accused of infringing by rival Kneebinding Inc. is invalid as anticipated or obvious.
Netflix said Tuesday that a Florida federal court should dismiss a copyright infringement suit over its popular series “Narcos” because the Colombian ex-journalist claiming parts of the series resemble her memoir about her romantic relationship with drug kingpin Pablo Escobar didn’t allege that the show’s producers had access to her work.
Two public policy groups have backed Teva Pharmaceuticals USA Inc. in its patent fight with Helsinn Healthcare SA over the nausea drug Aloxi, telling the U.S. Supreme Court that the latter’s reading of the on-sale bar in patent cases would threaten the patent system and hinder public safety research.
Nestlé SA’s Nespresso launched a trademark lawsuit in Manhattan federal court Monday over the sale of “Nespresso compatible” coffee pods under the name “NYXpresso.”
Teva Pharmaceuticals International GmbH and Eagle Pharmaceuticals Inc. have challenged two drugmakers' applications to make generic versions of a chemotherapy drug, claiming in a lawsuit filed Monday in Delaware federal court that the generics would rip off two of Eagle's patents.
Comcast notched another win against TiVo in a broad-ranging intellectual property dispute, as the U.S. Patent Trial and Appeal Board on Monday invalidated a patent for an interactive television guide held by TiVo subsidiary Rovi.
Cozen O’Connor has scored an experienced patent litigator and former engineer from intellectual property boutique Oblon McClelland Maier & Neustadt LLP, bolstering the global law firm’s international IP practice, the firm said on Tuesday.
President Donald Trump's administration is set to launch another round of regulatory actions aimed at what it claims will cut costs for private industry across the country, previewing the fall unified agenda meant to cut an estimated $18 billion in costs from the marketplace that is set to be released Wednesday.
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.
Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.
In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.
Patent Trial and Appeal Board proceedings remain powerful tools for companies accused of patent infringement. However, recent case law developments, rule changes and shifting legal frameworks have increased the hurdles faced by petitioners, say Harper Batts and Jeffrey Liang of Sheppard Mullin Richter & Hampton LLP.
Which is more important — data privacy or cybersecurity? Most in-house counsel know the answer depends on which receives the limited available compliance budget. But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.
With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.
The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.
For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.
In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.
It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.