Almost two-thirds of Europe's patent infringement cases are lodged in Germany, where the losing side has to pay and injunctions are granted as of right, the first stop on Law360's look at prominent patent jurisdictions around the globe.
The Saint Regis Mohawk Tribe and Allergan PLC on Friday asked the Federal Circuit court to reconsider en banc its ruling last month that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, which rejected the drugmaker’s attempt to shield patents for its dry-eye medication Restasis by transferring them to the Native American tribe.
The Second Circuit on Monday reversed a New York federal judge’s decision to order a digital payments company to pay legal expenses to a licensee as a condition of dropping its late-stage lawsuit, saying in a published decision that the payments firm should have been given a chance to consider pressing forward with its suit.
A California federal judge has slammed a Milwaukee-based parking meter company for not providing enough detail in its request for $1.4 million in attorneys' and expert fees, awarding the meter company just $100,000 for legal expenses it incurred defending itself against patent infringement claims levied by a San Diego-based telecommunications company.
A United Parcel Service employee sued the company in Georgia federal court on Monday after being threatened with a trademark lawsuit for using the company’s name, logo and colors in the course of criticizing the treatment of workers.
The Ninth Circuit on Friday denied VidAngel Inc.'s bid to revive antitrust counterclaims targeting Disney Enterprises Inc., Lucasfilm Ltd. LLC and other movie studios in a copyright suit against it, finding that the family-friendly streaming service hadn’t shown a conspiracy against it.
The current owner of famous New Orleans restaurant Camellia Grill has urged the Fifth Circuit to affirm a lower court decision that the eatery’s former owner does not own a protectable trade dress and thus can't support its infringement claim in the restaurateurs’ long-running dispute over a license agreement.
A Connecticut federal judge has slashed a $2.65 million attorneys’ fees award by 10 percent, finding that Romag Fasteners Inc. cannot recoup any of its costs related to its patent infringement claims against Fossil Inc. and Macy’s Inc. over counterfeit snaps on handbags.
CVS Pharmacy Inc. and Rite Aid Corp. have joined the slew of antitrust lawsuits against AndroGel maker AbbVie Inc. and its affiliates and are seeking triple damages against the company for allegedly delaying the availability of cheaper generic drugs through patent lawsuits.
The U.S. Patent and Trademark Office is offering to refund or waive paper filing fees for patent applicants after its systems went down last week, adding on Monday that "our best estimate at this time is that service will be restored sometime tomorrow.”
The Seventh Circuit revived a law firm's suit against Lupin Ltd. and its subsidiary Lupin Pharmaceuticals Inc. over unpaid fees Monday, saying the company was subject to the lengthy statute of limitations on written contracts in Illinois even though it never signed the firm’s engagement letter.
Stephen King urged a Florida federal judge on Monday to reject a bid for an early win by the nephew of a comic book writer who claims King ripped off his uncle's “The Rook” time-traveling comic books to create the Roland Deschain character in King’s “Dark Tower” series.
Grande Communications warned a Texas federal judge Friday that Universal Music Group and a host of other recording companies are trying to make internet service providers their “de facto copyright enforcement agents.”
PopSugar Inc. urged a California federal court on Friday to toss a law degree-holding Instagram influencer’s proposed class action over allegedly copied posts, arguing that she can’t accuse them of copyright infringement without proving that she registered the copyrights before filing suit.
The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision rejecting an application for a patent on the design of a shoe bottom, finding the board misapplied the law on indefiniteness in the context of design patents.
A California federal judge has ruled that retired players cannot collectively sue Electronic Arts Inc. for featuring them in Madden NFL video games without authorization, a major victory for the game maker after years of litigation.
The Federal Circuit on Monday upheld an award of $737,000 in attorneys’ fees to pop stars Justin Timberlake and Britney Spears, agreeing with a lower court that a failed patent suit against them over display technology was unreasonable and weak.
The Ninth Circuit on Monday revived a lawsuit against CBS over radio broadcasts of so-called pre-1972 recordings, overturning a novel ruling that “remastered” versions of old tracks are entirely new copyrighted songs.
The final European stop on Law360's look at prominent patent jurisdictions is the Netherlands, a small country that punches above its weight in the patent litigation landscape, with fast-moving and inexpensive proceedings that allow patent owners to score powerful injunctions.
Keker Van Nest & Peters LLP’s Ajay Krishnan has secured numerous victories on behalf of his technology clients over his career, including a win for Arista Networks Inc. in a $335 million copyright and patent infringement suit over networking technology, landing him a spot as one of six intellectual property lawyers honored by Law360 as Rising Stars.
A former WilmerHale patent litigator who has represented clients in disputes in industries ranging from pharmaceuticals to social networking is the fourth senior trial lawyer to join Latham & Watkins LLP’s Washington, D.C., practice within a year, Latham announced recently.
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.
The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.
The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.
As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.
In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.
The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.
The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.
Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.
In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.
Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.
Practitioners should know how to use foreign search and seizure law to secure evidence of wrongdoing that can be introduced in U.S. intellectual property lawsuits. A recent copyright case, CoStar Group v. Xceligent, illustrates the benefits of invoking these ex parte provisions, say Nicholas J. Boyle and C. Bryan Wilson of Williams & Connolly LLP.