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.
Tessera Technologies asked the Ninth Circuit Monday to revive a claim alleging Toshiba Corp. owes it more than $100 million for using its integrated circuit technology, arguing a lower court judge ended the case too soon based on her interpretation of a licensing agreement that was not “crystal clear.”
A Delaware federal judge has taken an expansive view of this year's WesternGeco decision by the U.S. Supreme Court allowing patent owners to recover some foreign lost profits, and if it is upheld, his order could lead to a significant increase in available patent damages, attorneys say.
A New Jersey federal judge has scrapped a lawsuit over royalties a DeLorean automobile dealer received from the car logo’s use in merchandising materials for the “Back to the Future” film franchise, ruling Friday that the suit was barred by a settlement resolving related litigation launched by the widow of the car’s visionary.
For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)
RxStrategies, a leading program administrator for the federal 340B Drug Pricing Program, renewed its efforts Friday to stop CVS and its in-house administrator Wellpartner from allegedly misappropriating its trade secrets to steal customers, presenting evidence it says refutes several of their defenses.
Abbott Laboratories on Monday accused a former manager of developing the health care giant’s “playbook” for chronic pain therapy marketing while knowing he would leave for a competitor, and is now suing to block him from working for Nevro Corp.
A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.
Weeks after the Ninth Circuit revived a copyright lawsuit over Led Zeppelin’s "Stairway to Heaven," Ed Sheeran is battling with the heirs of a late songwriter over what the ruling means for their separate case over Marvin Gaye’s iconic "Let's Get It On."
The Patent Trial and Appeal Board has found a patent covering a TV programming guide to be invalid, delivering a win to Comcast Cable Communications LLC in its wide-ranging intellectual property dispute with a TiVo Corp. subsidiary.
Thirteen litigators have left McKool Smith to form Reichman Jorgensen LLP, a new trial boutique with offices in New York, Silicon Valley and Atlanta, leaving behind not only their previous law firm but also the billable hour as the new firm operates solely on an alternative fee basis, the firm announced Monday.
The owner of Wikipedia is urging the U.S. Supreme Court to overturn a copyright ruling against a television search engine called TVEyes, warning that the decision would let rights owners such as Fox News "stifle criticism."
The Federal Circuit will soon discontinue its practice of “tendering” briefs and make all briefs publicly available the moment they are submitted on the docket, the court has announced.
Qualcomm has asked the Ninth Circuit to review the certification of a class estimated to cover 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, saying the ruling creates "quite likely the biggest class action in history."
A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.
The U.S. Supreme Court said Monday it would not review a case against Comcast and Verizon over media streaming patents, leaving in place a ruling that found the patents were invalid for claiming nothing more than an abstract idea.
The Patent Trial and Appeal Board has upheld two X One Inc. patents on location tracking technology, with the board finding that the claims challenged by Uber Technologies Inc. were not obvious in light of prior art.
Westinghouse Air Brake Technologies Corp. sought an injunction in Pennsylvania state court Monday to stop competitor Siemens Mobility Inc. from having access to its technology through a shared client, CSX Transportation, for whom both companies are developing an automated system for signaling and controlling trains.
The U.S. International Trade Commission has banned Toshiba Corp. from importing certain memory devices that rip off Taiwan-based Macronix International Co. Ltd.’s patented semiconductor technology, reversing an earlier finding by an administrative law judge that the Japanese electronics giant’s imports did not violate tariff laws, according to a Monday notice in the Federal Register.
French ministers agreed to cut taxes on corporate patent income to 10 percent Monday as part of a wider overhaul to align the country’s research incentives with global norms.
While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)
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.
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.
The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.
In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.
In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.
As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.
Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.