It was another busy term for patent law at the U.S. Supreme Court, as the justices upheld the constitutionality of the America Invents Act review system for challenging the validity of patents but mandated a key change in how it operates, while also expanding the availability of lost profits damages. Here’s a look at the key takeaways from each of the three patent cases the high court heard this term.
A recent Federal Circuit ruling that threw out $140 million in patent damages won by Power Integrations Inc. shows that the appeals court is keeping a close eye on sizable verdicts and making it difficult for patentees to base damages theories on a product’s entire value, attorneys say.
A California federal judge on Thursday paused a case in which ACON Laboratories faces allegations that its manufacturing of certain blood cholesterol testing strips infringes patents covering monitoring systems, as the U.S. International Trade Commission moves forward with a related investigation.
Bloomberg Finance LP hit UBS AG with a suit in New York federal court Thursday accusing the bank of violating an agreement that bars it from redistributing proprietary data through its portfolio analysis and risk management software.
In this week’s round of intellectual property attorney moves, McDermott Will & Emery LLP nabbed the former chair of DLA Piper’s IP practice for its Chicago office, while Polsinelli LLP added a trio of IP attorneys from two major firms, and Holland & Knight LLP hired a dozen former Reed Smith LLP attorneys, including a longtime managing partner in Philadelphia, to help launch a new office in the City of Brotherly Love. Here are the details on these and other notable hires.
An Illinois federal judge on Thursday granted Swarovski AG a preliminary injunction and preserved its access to more than 250 alleged counterfeiters' online operations to advance the jeweler's trademark suit over allegedly knockoff products.
The Patent Trial and Appeal Board has upheld a Novartis patent covering Gilenya, a multiple sclerosis treatment, that had been challenged by several generic-drug companies.
King & Spalding LLP has hired a pair of patent pros from Paul Hastings LLP; DLA Piper has scored a health care partner from Sheppard Mullin Richter & Hampton LLP; Polsinelli PC has added a public policy shareholder from Dentons; and Quarles & Brady LLP has brought on a health and life sciences attorney from Wisconsin's Von Briesen & Roper SC.
The Fourth Circuit has ruled in favor of North Carolina in a case involving a filmmaker who sued the state for using images he took of Blackbeard’s pirate ship while it was being salvaged from the sea.
Polaris Innovations Ltd., a subsidiary of major patent licensing firm WiLAN, urged the Federal Circuit on Wednesday to reverse a decision by the Patent Trial and Appeal Board that found all 17 challenged claims of a patent are unpatentable, arguing that the way PTAB judges are appointed is unconstitutional.
D.C. Circuit Judge Brett Kavanaugh has a fairly sparse record on intellectual property issues, but the U.S. Supreme Court nominee’s skepticism of the power of administrative agencies could lead him to closely scrutinize decisions by the U.S. Patent and Trademark Office, attorneys say.
It has become a familiar pattern: An innovative new technology emerges, then heated fights over intellectual property ensue. With the patent wars of the past in mind, companies are looking for ways to avoid similar fights over blockchain.
China put out a scorching statement blasting the Trump administration for moving ahead with tariffs on $200 billion worth of its exports, saying on Thursday that the U.S. is not only putting its relationship with China at risk but becoming “an enemy to all.”
Patent licensing giant Intellectual Ventures I LLC appeared to encounter a sympathetic Federal Circuit panel Thursday in its efforts to revive a digital communications transmission patent asserted against T-Mobile and U.S. Cellular Corp., with the judges questioning a lower court’s apparent culling of the ways the technology can work.
The Federal Circuit on Thursday upheld an Eastern District of Texas jury verdict that Indigo Systems did not misappropriate trade secrets relating to infrared imaging technology owned by Raytheon.
Litigation boutique firm Dovel & Luner LLP has decided to offer a starting base salary of $215,000 to its associates, thus outranking the compensation scale put forth in June by Cravath Swaine & Moore LLP.
The battle between Quicken Loans and a property appraisal startup continues as HouseCanary Inc. is seeking an injunction in Texas federal court to prevent Quicken Loans from using allegedly-stolen trade secrets, while a title appraisal business affiliated with Quicken Loans moved to overturn a $706 million decision in favor of HouseCanary in state court.
Kilpatrick Townsend & Stockton LLP has hired a former Merchant & Gould PC partner in Silicon Valley who's experienced in litigating patent, trademark, copyright and trade secret disputes and advising technology clients on how to protect their intellectual property, the firm announced Tuesday.
The California Supreme Court on Wednesday refused to revive a lawsuit filed by legendary actress Olivia de Havilland over her portrayal in the FX docudrama "Feud: Bette and Joan."
D.C. Circuit Judge Brett Kavanaugh racked up steep credit card debt in 2016 to pay for Washington Nationals tickets, according to Wednesday news reports and disclosures by the U.S. Supreme Court nominee that also show he coaches kids’ basketball and contributed to a law book without pay.
The Ninth Circuit said Wednesday it wouldn’t overturn an earlier ruling that the hit song “Blurred Lines” infringed Marvin Gaye’s iconic “Got to Give It Up,” leaving in place a controversial copyright decision after years of litigation.
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 Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.
As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.
The Federal Circuit's recent interpretation of “manufactured” in FastShip v. U.S. will likely prove consequential for companies seeking to enforce their patent rights against federal contractors and the U.S. government under Section 1498, say attorneys with Arnold & Porter.
Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.
With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.
Following the Federal Circuit's recent decision in Voter Verified v. Election Systems, district courts may begin to rethink their approach to issue preclusion as it applies to patent invalidity, say John O’Quinn and Hannah Bedard of Kirkland & Ellis LLP.
Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.