Proposed legislation by one of the architects of the Hatch-Waxman Act to require generics makers to choose between challenging drug patents under that law or through inter partes reviews would effectively bar generics from using America Invents Act proceedings, attorneys say.
Jones Day has hired an intellectual property attorney from McDermott Will and Emery LLP for its Chicago office who brings significant experience handling high-stakes, technology-driven litigation, particularly patent cases, the firm announced Wednesday.
The Patent Trial and Appeal Board has not been the graveyard for drug patents that some might expect as it's been invalidating these patents at virtually the same rate as district courts, according to a new study that challenges some of the conventional wisdom about the PTAB.
The estate of the late pop superstar Prince asked a Minnesota federal court Thursday to force the producer of the Prince EP “Deliverance” to hand over documents and communications related to the posthumous release of the recordings, which the estate says violated Prince’s intellectual property rights.
Apple Inc. filed multiple inter partes review petitions at the U.S. Patent Trial and Appeal Board this week challenging the validity of three Qualcomm Inc. patents, which the chipmaker has accused the tech giant of infringing, ramping up their sprawling intellectual property battle.
A damages expert for Beats Electronics LLC told a California jury Thursday that, if it agrees with an entrepreneur’s interpretation of a 2007 agreement he made with Beats' co-founders, then he is owed about $15 million in additional royalties for his work on the company's headphones — not the $107 million he claims.
The Patent Trial and Appeal Board on Wednesday invalidated parts of two Intellectual Ventures patents related to virtual data storage that Lenovo and other companies have been accused of infringing.
The First Circuit has affirmed a Massachusetts federal judge’s decision to deny a patent agency’s bid for discovery into an MIT lab’s European patents for genome-editing technology, saying that the court correctly found that the agent failed to prove the European patent office’s need for its assistance.
The U.S. Food and Drug Administration on Thursday scrapped draft guidance that explained how biosimilar makers can show that their products have the same structure and function as innovator biologics, concluding that it could have proved too burdensome.
Startup hair care product developer Olaplex LLC accused L'Oreal Inc. of brazenly infringing its patented "bond multiplier" product for treating and repairing bleached or dyed hair Thursday, during a second-chance preliminary injunction argument in the U.S. District Court for Delaware, with hundreds of millions of dollars at stake.
A patent licensing agreement between Sharper Image and a virtual reality company doesn’t bar Patent Trial and Appeal Board challenges, as it only limits litigation tied to interpreting the contract, the retailer told the Federal Circuit in a brief made public Thursday.
The maker of the commercially successful video game "Fallout Shelter" sued Warner Bros. Entertainment and a Canadian game developer in Maryland federal court Thursday, claiming the pair stole its intellectual property and trade secrets to create a “blatant rip-off” game app for the HBO show “Westworld.”
Sen. Marco Rubio, R-Fla., applauded recently announced tariffs on Chinese imports Thursday while slamming the Trump administration’s reversal on a decision to lock telecommunications company ZTE out of the U.S., saying firm measures are needed to address intellectual property theft and national security threats posed by China.
U.S. Patent and Trademark Office Director Andrei Iancu reassured patent practitioners Thursday that more guidance is likely in the coming months on how to predictably determine patent eligibility in the wake of court decisions that he said have muddied those waters.
The Ninth Circuit ruled Thursday that actress Elizabeth Banks was entitled to an award of attorneys' fees after successfully defeating an "objectively unreasonable" copyright lawsuit filed over her 2014 comedy "Walk of Shame."
A Michigan-based engine parts manufacturer has accused several companies, including Amazon, Target and Home Depot, of selling products containing imported carburetors that infringe five of its patents, the U.S. International Trade Commission said Thursday.
A Pennsylvania indie rock group named Church Girls has hit an identically named band with a trademark infringement suit in Florida federal court, saying the Florida group took its name, copied its album art and then called its members “egomaniacs” on Facebook for asserting their trademark.
The U.S. Supreme Court handed major wins to tribes this year in cases centering on treaty rights and tribal sovereign immunity to lawsuits, but tribes have also found themselves on the wrong end of rulings that undercut tribal immunity in patent reviews and affirmed National Labor Relations Board jurisdiction over tribal casinos. Here, Law360 looks back at some of the headline-grabbing decisions in Native American law from the first half of 2018.
Beats Electronics LLC co-founder Dr. Dre told a California jury Wednesday that he came up with the concept and title for the Beats By Dre headphone brand, disputing claims that another entrepreneur deserves as much as $107 million in additional royalties for helping launch the business.
A Massachusetts federal judge appeared skeptical Wednesday about arguments from insulin injector buyers that she was wrong to dismiss claims that Sanofi-Aventis filed faulty patents and sham litigation to protect its exclusivity as the drugmaker looks to escape the suit again.
A California appeals court has ruled that a former Masimo Corp. vice president cannot force the medical device maker to arbitrate claims that he stole trade secrets, saying he may have acted in bad faith by litigating for years and then seeking arbitration just weeks before trial.
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.
After a three-year surge, patent suits at the Federal Circuit leveled off last year as the court showed signs of adjusting to its bustling workload. The judges found time to write more opinions, and they reached greater consensus, penning fewer separate concurrences and dissents than in 2016.
As a general rule, the U.S. International Trade Commission has given little to no deference to Patent Trial and Appeal Board decisions. However, recent decisions seem to throw a wrinkle into this lack of deference, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.
Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.
The introduction of EU-wide minimum standards for the protection of trade secrets should be welcomed by U.S. businesses for two reasons, say Robert Williams and Will Smith of Bird & Bird LLP.
The Trump administration and Congress are tightening investment restrictions and export controls to address technology transfer concerns. These measures initially focus on China, but will have broader effects on investments in the United States and transfers of emerging technologies, say attorneys with Baker McKenzie.
While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.
Recent developments following the U.S. Supreme Court's decision in SAS Institute make clear that inter partes review petitioners have lost the opportunity to preserve some “back pocket” invalidity arguments following an unsuccessful IPR trial, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow Garrett & Dunner LLP.
Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.
In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.
In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.
A Law360 article last week quoted former Patent Trial and Appeal Board judges who believe that board policies do not stymie dissenting and concurring opinions. But the policies do force three-member panels to act in unison, says Teddy Gron, of counsel at Oblon McClelland Maier & Neustadt LLP and a former administrative patent judge.