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.
Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”
A California federal judge has ordered a nutritional supplement developer, its CEO and its attorney to pay a combined $7,500 in sanctions after the court determined that the CEO had lied by claiming that he was the assignee of a patent he had in fact assigned to another company decades ago.
The Federal Circuit on Monday affirmed a Texas federal judge's dismissal of a portion of a suit alleging Wilson Sporting Goods Co. infringed a pair of patents on football helmet straps held by SportStar Athletics Inc.
BuzzFeed Inc. has become the latest high-profile website to face an infringement suit over cloud storage patents from PersonalWeb Technologies LLC, a software developer that has filed dozens of similar suits against customers using Amazon's web services offerings.
The Cousteau Society filed a suit in a New York federal court Friday accusing Jacques Cousteau’s granddaughter of using his name and signature red cap to promote her television program, in the latest battle over the pioneering undersea explorer’s legacy.
A startup suing Hewlett Packard for tens of millions of dollars told jurors Friday the tech giant used false promises to coerce it into providing extra software and services for a massive Malaysian banking-system project, while HP countered that the contractor improperly upped its work to get more money.
As the Patent Trial and Appeal Board adjusts to life after SAS Institute, plenty of eyes will be watching to see how the board handles patent claims it believes are indefinite in inter partes review, which could create some headaches for challengers.
A former GlaxoSmithKline PLC scientist pled guilty in Pennsylvania federal court to charges that he conspired to steal information about a cancer drug the company was developing as he worked with two colleagues to launch his own pharmaceutical business in China, the U.S. Department of Justice announced Friday.
A California federal judge on Friday handed Fandango a win in its efforts to invalidate three Maxell patents related to allowing users to access movies and television shows for a set rental period, finding time-based restrictions to be an abstract idea under the U.S. Supreme Court’s Alice test.
The First Circuit ruled that a federal long-arm statute can provide American plaintiffs with specific personal jurisdiction against foreign corporations without offending the companys' due process rights, allowing trademark infringement claims against a German corporation to continue in United States federal courts.
An Illinois federal judge ruled Thursday that “ugg” is not a generic word for a kind of sheepskin boot, meaning the U.S. owner of the popular Uggs brand can sue a rival for using the name.
Federal Trade Commission attorneys looking to revive a pay-for-delay case over the opioid pain medication Opana ER told the commission that the central issue in the appeal is that generics maker Impax can't tie the payment it received from Endo Pharmaceuticals Inc. to its broader settlement agreement.
The Federal Circuit has refused a request for rehearing en banc over its decision to revive a suit brought by Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, over a patent related to energy-efficient lighting.
The U.S. Patent Trial and Appeal Board on Thursday granted HTC Corp.’s request to review the validity of a patent covering virtual reality technology at the center of a $45 million infringement lawsuit in California, finding that HTC is likely to prevail on at least one of its challenges.
Chad Landmon, head of the U.S. Food and Drug Administration practice at Axinn Veltrop & Harkrider LLP, tells Law360 he's been urging regulators to make drug exclusivity decisions more quickly, looking for clarity on biosimilar approval standards and preparing for the U.S. Supreme Court to curb judicial deference to the FDA. This is the latest in a series of interviews with FDA practice leaders.
In this week’s round of intellectual property attorney moves, Nutter McClennen nabbed a team of seven IP experts, while FisherBroyles reeled in three patent pros and Honigman added a pair of seasoned complex patent litigation lawyers. Here are the details on these and other notable IP hires.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks asks the board to block a mark it says has been used to "express extreme anti-Semitic views," college football powerhouse Ole Miss defends its "Hotty Toddy" chant, and Disney's Lucasfilm gets specific in a case over "Lightsabers."
An ex-Anheuser-Busch InBev NV employee-turned-lawyer urged the Ninth Circuit on Thursday to reverse an order denying his bid to toss the brewer’s trade secrets suit against him under California’s Anti-SLAPP statute, arguing that the beer maker publicly posted a document with its beer recipes so they can’t be protectable trade secrets.
An Illinois federal judge Wednesday shot down an attempt by Riddell Inc. to have a design patent held by the maker of Schutt Sports football helmets declared invalid, saying Riddell had not backed its claim Schutt got the patent by deliberately withholding information.
The Patent Trial and Appeal Board properly issued mixed decisions invalidating some claims from a ParkerVision Inc. wireless communications patent challenged by Qualcomm Inc., while preserving other claims, a Federal Circuit panel said in a precedential ruling Thursday.
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.
In the realm of patents, the advent of quantum computers will complicate the way we determine priority dates, evaluate infringement, establish enablement and decide when a solution is too abstract to be patentable, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.
A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.
In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.
Amgen's third lawsuit against Apotext illustrates how biologic drug owners can use later-issued patents to extend biosimilar litigation after an initial Biologics Price Competition and Innovation Act action has concluded, say attorneys at Paul Hastings LLP.
A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says Ronald Katz of GCA Law Partners LLP.
Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.
Understanding how U.S. Patent and Trademark Office incentive policies influence examination decisions is critical to effective patent portfolio development. Examiners do not have unlimited resources, and that reality presents specific challenges and opportunities to applicants, says Eric Blatt of Rothwell Figg Ernst & Manbeck PC.
The Federal Circuit's decision in Core Wireless v. Apple shows that failing to read the fine print on membership obligations to standards-setting bodies can lead to consequences for patents held by companies or acquired from other standards participants, say Jim Burger and Michael Parks of Thompson Coburn LLP.
Last month, the Federal Circuit issued a potentially far-reaching opinion on the application of enablement. The decision in Boston University v. Everlight provides guidance for patentees and patent litigants when initially filing their patent application and later during litigation, say Scott Bornstein and Jonathan Wise of Greenberg Traurig LLP.
To afford U.S. companies a chance to seek relief from Section 301 tariffs against China, the Trump administration created a hearing process. Testifying at a Section 301 hearing may prove helpful for companies whose products become the target of new tariffs in the coming months, says S. George Alfonso of Braumiller Law Group PLLC.