The U.S. Supreme Court ruled Wednesday that decorative elements of a cheerleading uniform could be protected by copyright law, a ruling it said was aimed at resolving “widespread disagreement” on when such designs are eligible for protection.
A California federal judge on Wednesday rejected Amazon's bid to force Broadcom and Avago to arbitrate their claims that Amazon is infringing a slew of its patents, ruling that Broadcom didn't agree to arbitrate its claims when it signed a customer agreement with Amazon Web Services.
Generic drug makers Sandoz, Mylan and Par Pharmaceuticals were slapped with an antitrust suit in Pennsylvania federal court on Wednesday, accusing them of colluding to increase the price for amitriptyline, an antidepressant.
Real estate website Zillow on Wednesday claimed a jury erred last month when it gave a real estate photography company more than $8.3 million for its copyright violation claims against Zillow, saying it could not be held liable for images that were handled entirely by automatic systems.
Energy companies locked in a battle over patent licensing for an energy catalyzer filed dueling motions for summary judgment this week, with the patent owner insisting it has a right to enforce its contract and the licensees saying the device didn’t perform as promised.
Amazon won a major victory in its $234 million tax dispute with the Internal Revenue Service on Thursday when the U.S. Tax Court ruled that the methods it used to determine payments from its Luxembourg subsidiary for the licensing of intellectual property associated with online European operations were reasonable.
A California federal jury on Wednesday awarded the company behind popular TRX exercise equipment roughly $6.8 million after finding that rival fitness equipment maker and seller WOSS Enterprises LLC willfully infringed its patent for a resistance-based exercise device, as well as a trademark.
Two patent licensing companies on Wednesday hit back at a magistrate's recommendation to dismiss their infringement suits against Cigna, Consumer Cellular and others over 10 patents covering targeted email marketing technology, arguing that the defendants haven't established that the asserted claims are abstract under Alice.
Celebrity chef Marc Murphy, the owner of upscale Manhattan restaurant Landmarc, has reached a settlement to drop a trademark lawsuit over plans for an eatery named “Landmark” at the nearby site of the old Four Seasons restaurant.
Photographers whose claims against The Associated Press, the NFL and Replay Photos over royalties from their pictures were dismissed by a New York federal judge asked the court not to grant the attorneys' fee requests put forth by the defendants, arguing Wednesday that their case wasn’t objectively unreasonable.
To get you up to speed on the U.S. Supreme Court’s complex decision on copyright law and cheerleading uniforms, here are the key things experts say you need to know, including what the ruling says, what it doesn’t and what comes next.
U.S. drugmaker Eli Lilly has decried a recent ruling dismissing its claims brought under the North American Free Trade Agreement over Canada's controversial "promise utility doctrine" requiring patent holders to show that an invention measures up to its promised result, comments that were echoed this week by two U.S. industry groups.
Publishing giant Rodale Inc. has struck a confidential settlement with a California man who filed copyright infringement claims after the company used video footage he inadvertently posted on Facebook of his son’s birth, according to a filing in New York federal court Wednesday.
In agreeing not to institute a covered business method review of a Versata software patent, a Patent Trial and Appeal Board judge said Monday he was “troubled” that patent owners can escape such a review even if the patent is intended to cover financial products and services.
A splash pad company was improperly denied the right to use the mail to serve the Quebec-based defendant in its Texas trade secrets suit, regardless of whether the Hague Service Convention authorizes or merely permits service of process abroad by mail, the company's attorney told the U.S. Supreme Court Wednesday.
In the aftermath of a $500 million verdict against the virtual reality company Oculus, two law professors and the Electronic Frontier Foundation on Tuesday requested that a Texas federal court unseal portions of the trial transcript related to the jury’s finding of copyright infringement.
A U.K. judge on Tuesday ruled that a Merck Sharp & Dohme Corp. document extending a patent on the HIV drug Atripla is invalid, in a win for generics makers Teva Pharmaceutical Industries Ltd., Mylan NV and Accord Healthcare, which challenged it.
Singer and actor Jared Leto’s production company asked the Ninth Circuit on Monday to toss out a lower court’s ruling dismissing his copyright infringement suit against TMZ, saying the videographer behind a clip of him criticizing Taylor Swift didn’t have the right to sell the clip.
An Allergan PLC unit asked a New York federal judge to deny drug wholesalers’ bid for a win on a federal antitrust claim in their lawsuit over the Alzheimer’s treatment Namenda, arguing Tuesday that findings from a previously litigated case have nothing to do with the matter at hand.
An inventor who sells his traps for carpenter bees on eBay.com may not hold the online auction site responsible for selling products that allegedly infringed his designs, an Alabama federal court ruled on Monday.
Trash bag maker Poly-America LP has asked the U.S. Supreme Court to rule on how patent claims should be construed, saying the court’s guidance is "urgently needed" to resolve a split among Federal Circuit judges about whether information beyond the claims can be consulted.
Following the U.S. Supreme Court's decision Tuesday in SCA Hygiene v. First Quality, laches is no longer a defense to a claim for past damages in patent cases. However, at least some penumbra of laches remains available, says Jerry Selinger of Patterson & Sheridan LLP.
The U.S. Supreme Court is likely to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.
Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.
Petitioners are struggling to challenge design patents at the Patent Trial and Appeal Board, particularly at the institution stage. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful. The statistics reflect positively on the quality of original examination, say Tracy-Gene Durkin and Pauline Pelletier of Sterne Kessler Goldstein & Fox PLLC.
Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.
The Federal Circuit's decision in Prism v. Sprint this month illustrates an example of the "footprint" approach to patent damages, interesting because of its focus on costs — and not revenues — as a reasonable royalty measure, say attorneys with Robins Kaplan LLP.
What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)
There appears to be a greater willingness among pharmaceutical companies to wade through the still relatively untested post-grant review process when compared with their initial hesitation regarding the initiation of inter partes review proceedings, say Kevin Chrustowski of TK Holdings Inc. and Donald Prather of Meunier Carlin & Curfman LLC.
A number of Federal Circuit decisions have focused on some of the disputed issues highlighted in Apple v. Samsung. The court seems to be grappling with five questions, the resolutions of which have the potential to significantly impact the application of the nonobviousness principle in patent law, say Thomas King and Pranay Pattani of Haynes and Boone LLP.
The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.