In the wake of the midterm elections, attorneys expect patent legislation to remain a fairly low priority in the next Congress, with bills aimed at strengthening patents facing uncertain prospects of passage and legislators long focused on intellectual property leaving office.
A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.
Inventors who reassign their rights in a patent may still subsequently challenge the validity of the intellectual property’s claims in reviews before the Patent Trial and Appeal Board, the Federal Circuit held Friday in a case involving a Cisco patent covering Ethernet switch products.
The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that invalidated claims in three United Technologies Corp. patents covering aircraft engines, handing another win to General Electric Co. in the rivals’ patent fight.
The Federal Circuit on Friday tossed a Patent Trial and Appeal Board decision invalidating a NuVasive patent covering a procedure for spinal surgery as obvious, finding that the board had interpreted a term too broadly and sending the case back for reconsideration.
After six years and thousands of patent reviews, the Patent Trial and Appeal Board is ditching its claim construction standard in favor of the more narrow standard used in district court. Here, Law360 takes a look at how we got here and what to expect moving forward.
A New Jersey janitor turned successful artist has sued two partners of a north New Jersey law firm, claiming they manipulated him into signing over the rights to his life story to them for $10 after a Hollywood movie producer indicated he was interested in adapting it.
The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Adidas picks a fight with Ohio State University over a stripe on football helmets, Disney's Marvel aims to block a "Wakanda Wine Fest," and the New York Yankees say a "WS NY" brand could be mistaken for something related to the World Series.
Sens. Amy Klobuchar, D-Minn., and Chuck Grassley, R-Iowa, pointed to President Donald Trump’s criticism of high drug prices to ask for White House support for their latest version of a bill aimed at outlawing most so-called pay-for-delay deals between brand drugmakers and their would-be generic competitors.
A Texas federal judge has agreed with Ericsson Inc. that HTC America Inc. bears the burden of proof for its claims that the Swedish telecom breached its obligation to license standard-essential patents for cellular and wireless technology on fair, reasonable and nondiscriminatory terms.
The former drummer for glam metal rockers Ratt can’t stop the music on the ex-lead guitarist’s relationship with his current lawyer, a California appeals court said Thursday.
A Delaware jury awarded Power Integrations Inc. more than $24 million in damages Friday after finding that competitor Fairchild Semiconductor International willfully infringed its patents for frequency jitter technology and induced third parties to infringe the patents as well.
A Texas federal judge has ordered a real estate company to pay $28.8 million to an architectural design firm after a jury found that the property business violated the Digital Millennium Copyright Act 11,516 times by ripping off floor plan designs.
In this week’s round of intellectual property attorney moves, the U.S. Patent and Trademark Office appointed a seasoned Silicon Valley IP expert as deputy director, Perkins Coie nabbed a former USPTO deputy general counsel for its Washington, D.C., office, and Venable landed a tech-savvy patent litigator for its growing IP practice in San Francisco. Here are the details on these notable IP hires.
Tim McGraw, Faith Hill and Ed Sheeran have reached a settlement to end a copyright lawsuit in New York federal court that claimed their 2017 single “The Rest of Our Life” was a “blatant note-for-note copy” of an earlier song.
A law degree-holding Instagram influencer urged a California federal judge Tuesday not to toss her putative copyright infringement class action alleging lifestyle website PopSugar ripped off her Instagram posts, arguing she doesn't have to prove she registered copyrights in the posts to pursue her claims.
Electric vehicle startup Faraday & Future must face claims from rival EVelozcity that it imposed an illegally restrictive contract term that prevented departing employees from recruiting colleagues to another company, a Los Angeles judge ruled Thursday, rejecting Faraday's bid to end the suit on anti-SLAPP grounds.
Helsinn on Thursday filed its final brief ahead of oral arguments next month in a U.S. Supreme Court case over the on-sale bar in patent cases, arguing that Teva’s interpretation “badly misconstrues” the America Invents Act.
A Texas appeals court on Thursday sided with Kongsberg Inc. and Bombardier Recreational Products Inc. in their bid to keep private their trade-secret software programs in a suit over a fatal three-wheel motorcycle crash, deciding the programs were not essential to the case.
Netflix and Warner Bros. Entertainment Inc. were hit with a copyright lawsuit in Manhattan federal court Thursday from a religious group called the Satanic Temple, over the appearance of "an androgynous goat-headed deity" in the show "The Chilling Adventures of Sabrina."
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.
On Tuesday, the Patent Trial and Appeal Board's claim construction standard for America Invents Act post-grant proceedings changes from "broadest reasonable interpretation" to “ordinary and customary meaning.” Attorneys with Faegre Baker Daniels LLP examine this quickly adopted rule and the U.S. Patent and Trademark Office's response to comments.
In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
The modernized trade agreement between the U.S., Mexico and Canada includes provisions that should improve intellectual property transparency between the member countries and bring a certain degree of procedural uniformity, say attorneys with Snell & Wilmer LLP.
Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.
How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.
If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.
The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.