U.S. Supreme Court justices on Tuesday wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leaving open the door for a possible exception to the bar for activities that aren’t commercial sales.
The Third Circuit pressed the Federal Trade Commission on Tuesday to show why the court should revive the agency’s antitrust complaint alleging a Shire PLC unit delayed generic competition for a gastrointestinal infection drug through a series of sham regulatory petitions, expressing skepticism that a violation of federal law was “imminent.”
The Federal Trade Commission's bid to block Qualcomm from presenting several pieces of evidence at the agency's upcoming trial accusing the chipmaker of anti-competitive licensing practices was shot down by a California federal judge for being overly broad.
Greenberg Traurig LLP has bolstered its intellectual property and technology practice with the addition of a former Knobbe Martens attorney who has over 20 years of experience, the firm has announced.
Shire LLC will have to turn over documents in an antitrust suit accusing it and Actavis of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Monday.
A dispute between an architect and a property management company that allegedly tried to use its plans without paying for them is headed for arbitration after an Illinois federal court ruled Monday that an arbitration agreement in the contested contract is enforceable.
The Trump campaign and WikiLeaks asked a New York federal court to toss the Democratic National Committee’s suit over a pre-election email hack, saying Friday that the suit runs counter to the First Amendment and doesn’t sufficiently allege they violated privacy and intellectual property laws.
U.S. District Judge William Alsup questioned prospective jurors about their beliefs in aliens, telekinesis and UFOs on Monday at the start of a trial over Finjan Inc.'s allegations that Juniper Network Inc.'s malware detection products infringe its security patent, saying it's "interesting" to see which party "knocks off" jurors with scientific backgrounds.
The Federal Circuit on Monday upheld a decision finding an inventory restocking technology patent invalid because it covers only an abstract idea, rejecting arguments the patent wasn’t eligible for the America Invents Act’s covered business method review program.
Music mogul Jay-Z told a New York state court Monday that the American Arbitration Association has agreed to work with him to ensure more African-American arbitrators would be available in the pool of potential people to hear his intellectual property dispute with Iconix Brand Group Inc.
A Pennsylvania federal judge largely refused Friday to toss antitrust claims from buyers of Johnson & Johnson immunosuppressant Remicade, concluding that only sham litigation allegations and some state law consumer protection accusations must go while maintaining most of the suit alleging J&J compelled insurers not to cover competing biosimilars.
The Federal Circuit on Monday affirmed an America Invents Act review decision invalidating a VirnetX patent challenged by Apple, saying VirnetX did not preserve its argument that AIA reviews cannot be retroactively applied to patents filed before the law was enacted.
Ebony magazine ratcheted up a war of words with online competitor The Root, accusing the Univision-owned rival of spreading false rumors and stepping on Ebony’s trademarks in a story that said the magazine didn’t pay its freelancers, according to a suit in New York federal court.
An antenna maker accusing Apple of copying its products can’t be forced to turn over documents related to tests of Apple products that it undertook to check for patent infringement because test results are not being used to back up the infringement claim, a federal magistrate in Utah ruled Friday.
A receiver appointed to help liquidate the assets of BioChemics Inc. as the government tries to collect on a nearly $18 million securities fraud judgment has tapped two law firms, Sunstein Kann Murphy & Timbers LLP and Nields Lemack & Frame LLC, to maintain the Massachusetts company's intellectual property.
The Federal Circuit on Monday upheld findings from U.S. District Judge Rodney Gilstrap that invalidated parts of two patents related to email software, including one that was found invalid under the U.S. Supreme Court’s Alice test.
A Delaware Chancery Court on Monday tossed a biotech firm’s suit seeking $100 million in losses and triple damages from the German-based parent of Fraunhofer USA Inc. for fraudulent use and theft of its intellectual property, finding that the firm correctly sued the German parent in chancery court but moved too late to protect its claims.
The Federal Trade Commission can't justify its call for nationwide subpoena power in the agency's suit alleging the makers of testosterone drug AndroGel cut deals with generic companies to delay competition, two drugmakers argued in Georgia federal court.
A Chinese court has ordered Apple to stop selling several different iPhone models in the country, saying the phones infringed two patents held by Qualcomm, the chip supplier announced Monday.
The U.S. Supreme Court on Monday declined to hear a Corning Inc. subsidiary’s challenge to a $61 million judgment against it in a cable patent case, in spite of the fiber optics maker’s arguments that the judgment was based on a misreading of the high court's Halo ruling.
Renesas Electronics America Inc. has told the U.S. Supreme Court not to hear Texas Advanced Optoelectronic Solutions Inc.’s challenge of a Federal Circuit ruling that vacated a $77 million verdict against Renesas for stealing trade secrets and violating patent rights.
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
U.S. Patent and Trademark Office Director Andrei Iancu told Law360 in an interview Thursday that the many changes he has spearheaded during his busy first year in office should provide a clearer landscape where patentees and the public know better how patent disputes might play out.
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.
The Graham v. John Deere standard for evaluating the obviousness of a claimed invention has been in place for more than 50 years, but several recent Federal Circuit decisions have adopted a different approach. Now two lines of cases are developing, say Tony Pezzano and Michael Dougherty of DLA Piper.
The decision this month in Arista v. Cisco illustrates the Federal Circuit’s expanding jurisdiction over inter partes review issues that previously were considered unreviewable, says Christopher Loh of Venable LLP.
As China's intellectual property enforcement system is strengthened, and its consumer market grows in size and sophistication, there are increasingly more and better opportunities for foreign businesses to bring their IP into the country, says Holly White, a technology consultant at Rouse & Co.
Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.
There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court.
Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.
Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.
When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.
The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.