The U.S. Supreme Court's decision to strike down the federal government's ban on offensive trademark registrations in a case involving rock band The Slants highlights just how little the provision fit into the overall confusion-preventing goals of the Lanham Act — and probably doomed similar rules, experts say.
Elsevier Inc., a major publisher of scientific information, has won a $15 million default judgment in its New York federal copyright suit against Sci-Hub, an online database that allows users to bypass Elsevier’s paywalls and access works for free.
Ivanka Trump must sit for a deposition in a dispute with an Italian shoe company accusing her brand of copying its design for a high-heeled suede sandal, a New York federal judge said Friday.
Cal Ripken Jr.’s baseball camps were sued in Maryland federal court on Friday for allegedly infringing a pair of patents covering automatic dispensing systems through the way they use certain baseball practice machines.
The Federal Circuit sided with T-Mobile on Friday after the wireless carrier fended off a $100 million infringement lawsuit by Prism Technologies LLC at trial, and it went further than the lower court by invalidating Prism’s authentication server patents as noninventive, abstract ideas under Alice.
A U.S. International Trade Commission administrative law judge deemed invalid Thursday a pair of radio frequency identification, or RFID, patents used in electronic tolling of moving cars, finding the patents lacked a written description and were anticipated and obvious.
Urban Outfitters Inc. asked a California federal court Thursday to dismiss it from a trademark lawsuit brought by Coachella Music Festival, arguing the relevant allegations of stolen intellectual property are aimed solely at its co-defendant and subsidiary Free People.
The maker of Schutt Sports football helmets blasted a bid by Riddell Inc. to dodge a suit alleging it infringed three helmet design patents, arguing Thursday that the Texas federal case is right where it belongs, as the rival companies clash with dueling infringement suits.
The Federal Circuit on Friday affirmed Patent Trial and Appeal Board decisions that largely upheld the validity of three Straight Path IP patents related to real-time video teleconferencing technology, handing the licensing firm a decisive win after a series of attacks from telecom giants like Samsung and Cisco.
Sears Holdings Corp. and Apex Tool Group LLC asked an Illinois federal judge Thursday to overturn a jury’s $6 million patent verdict against them, claiming the jury made an emotion-fueled decision unmoored by the law.
Russell Slifer, a former U.S. Patent and Trademark Office deputy director, will return to Schwegman Lundberg & Woessner P.A. more than two decades after starting his career there, the firm announced this week.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sony Pictures Television takes aim at a craft brewer's "Breaking Bad"-inspired beer name, Men's Wearhouse goes after an "American Warehouse," and Monster Energy is accused of "trademark bullying."
The Patent Trial and Appeal Board on Thursday denied a second bid from Nautilus Hyosung to invalidate part of rival Diebold's patent for a check-reading device, dismissing arguments that not hearing the challenge could be "tantamount to an outright prohibition on subsequent petitions."
BCBG Max Azria Group LLC asked a New York bankruptcy court Friday to approve a $131 million sale of intellectual property, stores and other assets, with a hearing for the clothing retailer's Chapter 11 plan slated for next month.
The Federal Circuit on Friday reversed a lower court’s decision to grant a quick win and attorneys’ fees to a wastewater disinfection company accused of patent infringement, vacating the award and reviving the case because the ruling was based on the judge’s “mistaken view” of the technology.
Robert Schulman, the former Hunton & Williams LLP patent lawyer convicted of insider trading on a Pfizer deal, has tapped a Proskauer Rose LLP appellate partner for his post-verdict defense, a Thursday filing said.
The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.
The U.S. Supreme Court's blockbuster decision striking down a federal ban on registering offensive trademarks cemented the legal right of the Washington Redskins and other sports teams to trademark Native American-themed names and logos, but critics of those teams will now redouble their efforts to turn public opinion against the use of those marks.
Pfizer has disclosed that the U.S. Food and Drug Administration has rejected its proposed biosimilar of blockbuster anemia drugs sold by Amgen and Johnson & Johnson, the latest fallout from an inspection-related warning letter.
An engineer who pled guilty in December to economic espionage and attempted export of defense articles to China without a license for taking copies of military aircraft designs to China was sentenced on Thursday in Connecticut federal court to time served, after spending 30 months behind bars.
Video game developer Zynga followed in DraftKings and FanDuel's footsteps and urged a Nevada federal court Thursday to transfer a gambling technology patent suit against the developer, saying the new TC Heartland precedent supports a move to California.
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.
For the past two years, the Federal Circuit has relied on summary affirmances in nearly 60 percent of its cases. Thus, if the U.S. Supreme Court were to find, as recent cases argue, that the law requires the Federal Circuit to issue a written opinion in all cases, it could drastically slow down the appeals process, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.
The U.S. Supreme Court's TC Heartland decision may be felt strongly in the Districts of New Jersey and Delaware, which are home to more than 75 percent of Hatch-Waxman cases. Brands and generics alike will be faced with important, strategic decisions that may reshape the landscape of Hatch-Waxman litigation in the years to come, says Mark Deming of Polsinelli PC.
While inter partes review proceedings are essentially trials on paper, the Patent Trial and Appeal Board affords either party the right to an oral argument. It resembles argument in district court, but there are substantive and logistical differences, says Zachary Silbersher of Kroub Silbersher & Kolmykov PLLC.
In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.
The American patent system has been weakened by recent court decisions and unintended consequences of the post-issuance proceedings at the U.S. Patent and Trademark Office. That is why I introduced the STRONGER Patents Act on Wednesday, says Sen. Chris Coons, D-Del.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
One of the more interesting changes under the 21st Century Cures Act for combination products is that certain device applications for drug-device combination products will be subject to some of the Hatch-Waxman Act provisions that typically apply only to drugs, say Shana Cyr and Tom Irving of Finnegan Henderson Farabow Garrett & Dunner LLP.
Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.