The U.S. Supreme Court has so far agreed to hear one patent case during its new term, while pending petitions raise some intriguing patent issues, including the reach of inequitable conduct and constitutional challenges to the Patent Trial and Appeal Board. Here are some patent cases to keep an eye on during the upcoming term.
Medical device company Ulthera Inc. asked the Federal Circuit on Tuesday to rehear its challenge to a DermaFocus LLC patent related to an anti-aging skin care procedure, one day after the Patent Trial and Appeal Board upheld the remaining claims in the patent on remand from that appeals court.
A California federal judge said Tuesday he can't determine whether a mural painted on a parking garage is a standalone work of art or part of the building under copyright law and so refused to let General Motors Co. escape from a copyright infringement suit accusing it of featuring the design in a Cadillac marketing campaign without permission.
Will the U.S. Supreme Court revive a federal ban on the registration of profane trademarks like "Fuct," less than two years after it categorically struck down a similar rule used against the Washington Redskins? Not f***king likely, experts say.
The D.C. Circuit on Tuesday refused to alter a ruling by the Copyright Royalty Board that set how much streaming services like Pandora Radio must pay for music until 2020, rejecting the argument that the board had used improper benchmarks from the private market.
A California federal judge on Tuesday denied a request from the government to disqualify Orrick Herrington & Sutcliffe LLP from representing an ex-Fitbit Inc. employee accused of stealing trade secrets from a prior employer, since her co-defendants — whom the firm previously represented — said they didn't mind her keeping the firm as counsel.
The Federal Circuit’s recent ruling invalidating patents on Acorda Therapeutics Inc.’s multiple sclerosis drug Ampyra could expand the impact of so-called blocking patents and may make it easier to show an invention is obvious, attorneys say.
The mounting trade imbroglio between the U.S. and China continued to intensify Tuesday as Beijing plowed ahead with new duties on $60 billion in U.S. goods, a day after President Donald Trump whacked $200 billion worth of Chinese goods with tariffs of his own.
As the global trading system sags amid rising tensions between the U.S. and its partners, the European Union on Tuesday unveiled an informal proposal to reform the World Trade Organization by modernizing its rules, improving its oversight function and repairing its hobbled dispute settlement system.
Smith & Nephew Inc. will shell out $10.5 million to Conformis Inc. to resolve all pending patent disputes between the two medical equipment manufacturers, Conformis said Monday.
Hershey Creamery Co. asked a Pennsylvania federal judge on Friday to find that a pair of Liberty Mutual companies are contractually obligated to cover the ice cream maker in a trademark dispute with a competitor over slogan infringement claims.
The U.S. Patent and Trademark Office has asked the public for help developing tools using artificial intelligence and machine learning to improve the agency’s search capabilities and streamline the patent prosecution process.
Rimon PC added an eight-person intellectual property group, including four partners and an associate and three staff members, from Duane Morris LLP to its Silicon Valley office, the firm announced Monday.
An Illinois appellate court on Friday upheld a $6.6 million verdict that saw trebled damages for Playboy Enterprises International Inc. after a trial over a licensing dispute between the brand and an energy drink maker, saying the lower court didn’t need to flesh out jurors’ fear of certain men in the courtroom to ensure an untainted decision would be reached.
The Federal Circuit on Monday affirmed a Texas district court’s decision to grant AT&T a quick win in Advanced Media Networks' suit alleging the telecommunications giant infringed on a patent covering technology used to wirelessly connect to the internet, saying that a key term was construed correctly.
The Federal Circuit on Monday upheld a finding that parts of four robotics patents were invalid under the U.S. Supreme Court's Alice test, preserving a victory for Invensys Systems Inc. and other companies accused of infringement in the Eastern District of Texas.
Proposed U.S. regulations for the global minimum tax on intangible income contain an anti-abuse provision that could allow the Internal Revenue Service to disregard the effects of certain offshore transactions even if there aren’t signs of tax avoidance, specialists say.
President Donald Trump announced Monday that he will hike tariffs on $200 billion worth of Chinese goods to as high as 25 percent in an escalating dispute over Beijing’s intellectual property rules.
The U.S. International Trade Commission agreed to re-examine parts of a judge's decision that several rivals of Roomba maker iRobot Corp. are importing robotic vacuum products that infringe the company’s intellectual property, according to a Federal Register notice set to publish Tuesday.
The Federal Circuit on Monday reversed a Patent Trial and Appeal Board ruling that DuPont didn’t prove a rival’s chemical patent was invalid, saying that since the claimed method overlapped with earlier techniques, the PTAB should have put the burden on the patent owner to show it was not obvious.
The U.S. International Trade Commission should bar certain Nikon lithography machines from entering the United States because they infringe the asserted claims of three patents held by semiconductor equipment maker ASML, according to a complaint filed with the commission that the ITC is expected to publicize on Tuesday.
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.
A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.
Many practitioners may be surprised to learn that a transition application filed as a continuation application can trigger the first-inventor-to-file provisions of the America Invents Act and can be challenged under post-grant review. This was the situation in the Patent Trial and Appeal Board case of Schul v. EMSEAL, say Joe Hetz and Chris Gerardot of Brinks Gilson & Lione.
In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.
The Federal Circuit's Vanda v. West-Ward analysis was endorsed in a U.S. Patent and Trademark Office memorandum and should allow for more consistent application of the U.S. Supreme Court’s framework for evaluating method of treatment claims, say Kurt Lockwood and Erin Martell of Kacvinsky Daisak Bluni PLLC.
A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.
Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.
In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe — "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.
The Ninth Circuit’s recent decision in the Pangang trade secrets case provides the U.S. government substantially more methods by which it can properly serve foreign organizations, say attorneys with Paul Hastings LLP.
E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.
As a result of the U.S. Supreme Court's recent SAS ruling, arbitration may be the best way to obtain a patentability ruling in a short and inexpensive manner. Parties can fashion the process to mirror an inter partes review, says David Newman, chairman of Gould & Ratner LLP's intellectual property group.
Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.