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.
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.
The Patent Trial and Appeal Board said Wednesday it would not review an Intri-Plex Technologies Inc. patent related to a component in hard drive disks, taking note of a looming infringement trial against the challenger, NHK Spring Co. Ltd.
The House Judiciary Committee on Thursday advanced a bill that would extend by eight years the ability of the U.S. Patent and Trademark Office to set fees for the intellectual property-related services it provides to inventors, companies and their legal representatives.
AT&T dialed up its battle against cellphone distributors that the telecom giant says buy inexpensive AT&T-branded phones then unlock the devices for use with other mobile carriers with a new suit in Florida federal court Wednesday.
The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that a Nobel Biocare dental implant patent is invalid based on a catalog from the inventor’s company, rejecting its argument that it wasn’t clear the catalog was publicly accessible.
Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.
The U.S. Department of the Treasury on Thursday issued proposed guidance indicating how the federal tax overhaul's global minimum tax on intangible income held offshore by U.S. corporations will work, including clarifying that affiliated companies will be treated as a consolidated group, but put off addressing foreign tax credit computations.
An Eastern District of Texas judge on Wednesday tossed a $210 million patent suit against Frontier Communications Corp. brought by "serial litigant" Blue Spike, after Frontier accused the patent holder of suing the wrong entity and making more than 140 pages of boilerplate accusations.
President Donald Trump said Thursday that he is not rushing to hold new trade talks with Beijing as he signaled a willingness to forge ahead with his aggressive enforcement push that threatens to hit every product imported from China with hefty tariffs.
A California federal judge on Wednesday approved “excellent” settlements ending claims that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch, finalizing a $104.75 million deal with end payors and a $166 million deal with direct purchasers, including a combined $85.6 million in attorneys’ fees.
Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.
Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.
Bausch Health has agreed to settle all litigation with Teva-owned Actavis over the antibiotic drug Xifaxan, with the generics maker agreeing to hold off until 2028 to release a knockoff version of the gastrointestinal medication, the drug owner announced Wednesday.
Ruling on an issue of first impression under state law, Massachusetts’ high court held Wednesday that two insurers must cover Vibram USA Inc.’s defense of a suit accusing it of unlawfully obtaining a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila, saying the underlying action alleged a potentially covered advertising injury.
FisherBroyles LLP has added a former general counsel who has experience dealing with cybersecurity and privacy risks and working with a global supply chain company.
Nutter McClennen & Fish LLP has nabbed a team of seven intellectual property experts from Sunstein Kann Murphy & Timbers LLP, bolstering its depth in everything from patent prosecution to due diligence during corporate transactions.
Xavian Insurance Company hit Boeing and its subsidiary Boeing Capital Corp. with a trade secrets lawsuit in Illinois federal court on Tuesday, accusing them of copying plans for an insurance-backed guarantee on financing for the purchase of commercial aircraft and launching their own.
Ericsson Inc. told a Texas federal court Tuesday that claims by HTC America Inc. alleging overpayment for aging standard-essential patents are not legitimately antitrust and should be decided in arbitration rather than in court.
Peloton, which makes exercise bikes that run remote spin classes via built-in video, accused Flywheel Sports on Wednesday of infringing two patents behind its at-home workout “experience” by using information deceptively obtained from an investor to develop its own version.
An Arizona federal judge tossed a lawsuit Tuesday that claimed Warner Bros. Entertainment Inc. owes the “Batcycle” creators’ heir profits on merchandise featuring the bike, which was originally made for a 1960s “Batman” television show and movie.
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.
The new version of the U.S. Patent and Trademark Office's trial practice guide — the first major update since its publication in 2012 — is sure to have a significant, wide-reaching impact on strategies for parties and practitioners appearing before the Patent Trial and Appeal Board, say Michael Fleming and Kamran Vakili of Irell & Manella LLP.
While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.
The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.
The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.
As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.
In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.
The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.
The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.
Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.
In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.