Eighteen months after the U.S. Supreme Court limited where patent suits can be filed, courts continue to wrestle with questions about venue rules. Here is a look at recent decisions that have provided some guidance.
In this week’s round of intellectual property attorney moves, Robins Kaplan added a partner with more than 20 years of experience in patent litigation, McCarter & English landed two IP partners seasoned in life sciences, and Womble Bond found the new head of its Patent Trial and Appeal Board trials practice in California. Here are the details on these and other notable IP hires.
The Federal Circuit’s ruling that inventors can challenge their own patents in inter partes review puts to rest the issue of assignor estoppel at the Patent Trial and Appeal Board, while illustrating the reach of the court’s ruling in Wi-Fi One.
The Federal Circuit has revived a patent infringement suit lodged by ArcelorMittal over certain steel sheets used in auto parts, ruling that the case wasn’t barred after finding it involved products that were substantially different from those at issue in earlier litigation.
The U.S. Patent and Trademark Office is testing new software that gives patent examiners additional tools to identify whether a patent application incorporates existing technology, USPTO Director Andrei Iancu said Thursday.
The Electronic Frontier Foundation and T-Mobile, among others, have urged the U.S. Supreme Court to overturn a Federal Circuit decision that made it harder for courts to quickly invalidate patents for claiming patent-ineligible material, saying that the ruling has far-reaching consequences for patent litigation and innovation.
DraftKings and FanDuel told the Seventh Circuit on Wednesday that claims they violated college athletes' publicity rights by using student names, images and statistics in their daily fantasy sports contests should be tossed since the Indiana high court found such use to be newsworthy, although the athletes say there is still an open question as to whether the pay-to-play contests were legal in the state.
Fish & Richardson PC will make its first foray into China with an outpost in the technology hub of Shenzen, its second international office after Munich, after securing approval from China's Ministry of Justice to open a representative office, the intellectual property powerhouse announced Thursday.
A federal judge has denied three pharmaceutical companies' move to quash subpoenas for information on their plans to make generic substitutes of Allergan’s drug Restasis in multidistrict litigation over its alleged efforts to delay the generic versions’ launch, saying in-house counsel can view the data without compromising confidentiality.
Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.
Siding with Omaha Steaks, the Federal Circuit on Thursday revived a case aimed at blocking a crosstown meat wholesaler called Greater Omaha Packing Co. from registering its own “Omaha” trademark.
Intercontinental Exchange Inc. cannot depose the Chicago Mercantile Exchange's general counsel in a trademark suit over CME's risk assessment software because ICE has not proven that the lawyer is the only source of certain information it seeks, an Illinois federal judge ruled Thursday.
Holland & Knight LLP has lured a new partner to its New York office — a tech-focused intellectual property associate from Reed Smith LLP, who defended Google against Oracle’s copyright claims in district court.
The Patent Trial and Appeal Board has declined to review an Idea Nuova Inc. patent covering the design of a foldable chair, finding that a rival chair maker failed to show how the patent was likely invalid as obvious or anticipated over images on another website.
Emerson Electric Co. asked an Illinois federal judge Tuesday to let it out of a $100 million lawsuit claiming its former subsidiary misappropriated trade secrets that caused a rival’s declined lithium-ion battery sales, saying its status as a former parent company makes liability a “factual impossibility.”
The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.
Pfizer Inc. on Wednesday announced the launch of a sharply discounted biosimilar version of Amgen Inc.’s Epogen and Janssen Pharmaceuticals Inc.’s Procrit, capping hard-fought development efforts marked by approval setbacks and ongoing patent litigation at the Federal Circuit.
Just two weeks in and November is already the year’s busiest month for patent challenges at the Patent Trial and Appeal Board, with petitioners seemingly racing to beat a change to the claim construction standard that went into effect Tuesday.
The Federal Circuit has said it wouldn't stay its ruling that sovereign immunity doesn't apply in inter partes reviews while Allergan PLC and the St. Regis Mohawk Tribe appeal to the U.S. Supreme Court.
Verizon subsidiary Oath Holdings Inc. does not have to defend a patent lawsuit over advertisement technology in the Eastern District of New York, the Federal Circuit ruled Wednesday, finding a lower court failed to follow its decision that TC Heartland was a change in the law.
A Delaware federal judge on Wednesday ordered 10X Genomics Inc. to pay nearly $24 million to Bio-Rad Laboratories Inc. and the University of Chicago after a jury found that it infringed a droplet-based method of manipulating DNA.
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.
Jury verdicts following the U.S. Supreme Court’s 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, say attorneys with Baker Botts LLP.
On Tuesday, the Patent Trial and Appeal Board's claim construction standard for America Invents Act post-grant proceedings changes from "broadest reasonable interpretation" to “ordinary and customary meaning.” Attorneys with Faegre Baker Daniels LLP examine this quickly adopted rule and the U.S. Patent and Trademark Office's response to comments.
In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.
Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.
The modernized trade agreement between the U.S., Mexico and Canada includes provisions that should improve intellectual property transparency between the member countries and bring a certain degree of procedural uniformity, say attorneys with Snell & Wilmer LLP.
Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.
How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.
If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.