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.
Several intellectual property attorneys and associations have urged the U.S. Supreme Court to review a case where a patent was rendered unenforceable over inequitable conduct during infringement litigation, warning the ruling against Regeneron Pharmaceuticals Inc. would undermine the patent system.
Attorneys for Apple on Wednesday urged a Federal Circuit panel to overturn a $506 million judgment in an infringement suit over a computer processor patent held by the Wisconsin Alumni Research Foundation, saying the jury received improper instructions from the lower court.
Polsinelli LLP has added two intellectual property attorneys from Kilpatrick Townsend & Stockton LLP and one from McGuireWoods LLP across several offices in California, the firm announced Wednesday.
A New York federal judge revealed Tuesday that she had granted Kirkland & Ellis LLP-backed Merus NV's bid to collect $10.5 million in costs and attorney and expert fees from Regeneron Pharmaceuticals Inc. in an infringement dispute over a genetically modified mouse patent, holding that the request was reasonable.
Uber Technologies Inc.’s ex-global intelligence manager urged a California federal judge on Tuesday to reject a request by his former colleagues to relate their defamation case against him to Waymo's high-profile trade secrets case that Uber settled for $245 million, arguing that the disputes have nothing in common.
President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.
NFL Enterprises LLC has settled a multivenue infringement fight brought by software and systems developers over their patents for online video services only a few months after a judge invalidated one of the claims, according to filings in California federal court and the Patent Trial and Appeal Board.
Garmin left the U.S. Patent Trial and Appeal Board on Tuesday with almost all of a GPS navigation patent intact, after the PTAB upheld most of the challenged claims and allowed the company to amend two of the claims it did find invalid.
The government has asked the Court of Federal Claims to scrap a $100 million class action challenging the cancellation of an Oklahoma company’s patent in an America Invents Act review, arguing the company cannot skirt jurisdictional rules by masking an appeal of a Patent Trial and Appeal Board ruling as a constitutional claim.
Avaya Inc. on Tuesday asked a New York bankruptcy court to deny a $23.5 million claim stemming from a long-standing contract dispute with Charter Communications, saying a New Jersey court has ruled in its favor at the same time the latter asked for spoliation sanctions in the case.
Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.
McDermott Will & Emery LLP has hired an “all-star” intellectual property partner for its Chicago office from DLA Piper, where she practiced for nearly 25 years and served as national hiring partner, the firm announced Wednesday.
The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.
The Federal Circuit on Wednesday upheld a series of Patent Trial and Appeal Board decisions invalidating two CAP Co. Ltd. patents covering antivirus technology that had been challenged by rival McAfee LLC.
U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.
The Federal Circuit revived part of a digital rights management patent challenged by Apple Inc. and Google Inc. on Wednesday, ordering the Patent Trial and Appeal Board to reconsider whether the patent qualifies for the America Invents Act’s covered business method review program.
A Massachusetts federal judge awarded $1.5 million in attorneys' fees to Shire PLC on Wednesday, more than $1 million less than corporate counsel originally sought for prevailing in a patent bench trial that included a five-month intermission after the company's opponent unveiled corrected drug tests central to the case.
A Massachusetts federal jury heard two rivals' differing accounts of who was the first to come up with a method for creating three-dimensional metal printing as a patent case that raced to trial in just four months opened Wednesday in a downtown Boston courtroom.
A World Trade Organization review of China’s trade regime gave way to a contentious scrap in Geneva on Wednesday as the Asian giant swapped blows with the United States over the Trump administration’s decision a day earlier to target $200 billion worth of Chinese exports with additional duties.
There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.
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.
Comments from a juror after the Apple v. Samsung trial revealed a specific problematic conclusion reached by the jury in its decision-making process, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.
Until this month, recipients of subpoenas in U.S. International Trade Commission investigations had only 10 days to move to quash, or risk waiving all objections. Now the ITC has aligned its subpoena practice with federal court procedures, a step that will likely be well-received by practitioners, say Elizabeth Banzhoff and Amanda Tessar of Perkins Coie LLP.
Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.
Blockchain technology can be used to develop a system that would allow trading partners to track and trace drugs across the supply chain, ensuring that counterfeit drugs do not enter the market. However, the pharmaceutical industry will need to evaluate the legal implications of incorporating blockchain into the supply chain, says Nancy Urizar of Womble Bond Dickinson LLP.
Since the Defend Trade Secrets Act became law two years ago, there have been more than 800 related cases filed in federal district courts. Consultants at Charles River Associates provide a brief update on DTSA lawsuits and discuss two recent appellate decisions relating to damages that trade secrets litigators need to be aware of.
Due to the nature of trade secret cases, it is often critical for plaintiffs to obtain and preserve evidence early in discovery. Fortunately, there are a number of early discovery weapons available to trade secret litigants, including expedited discovery and ex parte seizures, say Michael Allan and Li Guo of Steptoe & Johnson LLP.
I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.
On Friday, the U.S. Supreme Court's ruling in WesternGeco provided much-needed clarity on the availability of foreign lost profits to patent owners. It is important to understand the history of the presumption against extraterritoriality in patent disputes and the case law leading up to this decision, says Alex Chan of Tensegrity Law Group LLP.
There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale.
Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.