Two closely watched copyright cases over the songs “Blurred Lines” and “Stairway to Heaven,” both set for rulings next year by the Ninth Circuit, are quietly linked by a common question: What music can jurors actually hear?
B&B Hardware Inc., a metal fastener manufacturer locked into a longstanding trademark dispute with rival Hargis Industries Inc., has asked the Eighth Circuit to drill down on a jury's finding that Hargis is liable for trademark infringement but doesn't owe any of its profits to B&B.
Denim giant Levi Strauss & Co. on Thursday filed suit in Illinois federal court in an attempt to stop online counterfeits of the brand's iconic jeans and other marks, especially by sellers in China.
A California federal judge on Thursday tossed Phigenix Inc.’s patent infringement suit against Genentech Inc. over a breast cancer drug, finding no evidence that Genentech encouraged health care professionals to administer Kadcycla to a narrow subclass of patients or even knew they existed.
The owner of a pair of patents involving web page loading asked the Federal Circuit on Thursday to reverse a ruling granting a win to IBM on claims it infringed the patents, saying the district court ran afoul of Federal Circuit precedent and that the ruling should be reversed.
Apotex Inc. waited until litigation over the U.S. Food and Drug Administration's denial of orphan drug exclusivity for Eagle Pharmaceuticals Inc.'s chemotherapy injection Bendeka was nearly over before saying it needed to be involved to protect its in-process generic, Eagle said Thursday, urging the D.C. federal court to keep its competitor out of the suit.
Dish Network Corp. on Thursday argued it’s not subject to Texas jurisdiction in a patent infringement suit related to its data compression technology, and argued there’s no basis for cloud backup company Realtime Data LLC’s assertion of willful infringement.
A former Statoil unit chief technology officer urged a Texas federal judge Thursday not to place a preliminary injunction on him in a suit accusing him of masterminding a scheme to steal proprietary technology and to set up a competing business, saying he was never subject to a noncompete agreement.
After receiving a flurry of letters from all sides, U.S. District Judge William Alsup on Friday upheld a finding that attorney-client privilege blocked testimony alleging former Uber self-driving car head Anthony Levandowski admitted to an Uber attorney he’d stolen documents from his previous employer, Waymo.
Although the Trump administration has had harsh words for the World Trade Organization’s dispute system in the past, it should strongly consider using that mechanism to build a case against China’s tech sector intellectual property regime, former WTO Appellate Body Chairman James Bacchus told Law360.
Intel Corp. settled claims from Future Link Systems LLC that it was owed $10 billion in damages for the infringement of 15 patents used in a variety of products including network architecture, cellphones and gaming platforms, according to a recent joint dismissal request in Delaware federal court.
U.S. Trade Representative Robert Lighthizer launched a full-fledged investigation of China’s intellectual property practices Friday, focusing on a slew of Beijing’s policies that purportedly force tech companies to hand over sensitive data and secrets in order to do business there.
Abbott Laboratories scored a win in its long-running patent fight with Enzo Life Sciences Inc. over DNA testing when a Delaware federal judge recently ruled that claims in a patent Abbott was accused of infringing were invalid because they didn’t adequately explain how to make the invention.
A California federal court handed Cupcake Sushi LLC a win Friday in its patent suit against Sushi Sweets, which claims that the “unique confectionary dessert cake” maker’s rival failed to meet a deadline for pleading its side of the case accusing a pastry chef of running off with Cupcake Sushi's trade secrets.
A Georgia federal judge on Thursday told a golf memorabilia auctioneer to take items related to Augusta National Golf Club and the Masters Golf Tournament out of an ongoing auction in the midst of a lawsuit by the club alleging the pieces are either stolen or counterfeit.
There is no support for the government's position that a decades-old antitrust consent decree prohibits Broadcast Music Inc. from issuing fractional licenses for music performance rights and a lower court's rejection of that interpretation should be upheld, BMI told the Second Circuit on Thursday.
In this week's intellectual property partners on the move, an experienced PTAB litigator joins Ropes & Gray, Orrick nabs a complex technology patent litigator from K&L Gates, and a former FTC litigator joins Constantine Cannon. Here, we offer details on the attorneys who have landed new jobs.
A California federal judge said Thursday he was likely to send AbbVie Inc.’s suit seeking to nix Novartis’ hepatitis C patents to arbitration, saying a licensing agreement between the companies was grammatically vague about where invalidity arguments should be decided, and so he would follow a “general rule” of favoring arbitration.
The owner of two wireless headphone patents on Wednesday asked the Federal Circuit to deny a request by Sony Corp. and other alleged infringers for an en banc hearing of the patents' revival, arguing the companies failed to prove indefiniteness under a 2014 Supreme Court standard.
Just sit right back and you'll hear a tale, a tale of a trademarked ship, that started with a dry-docked boat, and ended in a snit.
A Milwaukee-based electronic parts supplier on Wednesday ducked allegations in California federal court that it infringed the asserted claims of a patent covering a parking meter held by telecommunications equipment company IPS Group Inc.
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.
While the U.S. Supreme Court's recent decision in TC Heartland could reduce the number of patent infringement suits filed by patent trolls, patent pools of all types will remain viable vehicles for reducing patent litigation risk, says William Van Curen of Snell & Wilmer LLP.
David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.
In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.
U.S. Supreme Court decisions over the past 15 years are limiting patent holders’ rights, and the recent TC Heartland and Lexmark decisions seem to hew to that direction. The legal community is learning that the U.S. International Trade Commission offers patent holders significant advantages compared to federal court, say Ajay Mago and Scott Anderson of Culhane Meadows PLLC.
There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)
The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.
The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is unusual that the past few months have brought so many decisions relevant to this area of law, say attorneys with Arnold & Porter Kaye Scholer LLP.
It is hard to see how anyone reviewing the legislative history could conclude that Congress intended the covered business method program to be anything other than a cost-savings tool to be used in connection with virtually any nontechnological business method patent with a commercial nexus. As such, it is unclear why the Federal Circuit in Secure Axcess v. PNC Bank felt constrained to limit the program’s reach in the manner that it... (continued)
Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.
Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.