U.S. Supreme Court justices on Tuesday wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leaving open the door for a possible exception to the bar for activities that aren’t commercial sales.
Courtroom star Robert Shapiro will have to answer deposition questions about ads in which he claimed to have “created” LegalZoom.com, a San Francisco arbiter said Tuesday.
The U.S. Trustee’s Office has asked a New York bankruptcy court to reject Sears Holding Corp.'s request to retain boutique law firm McAndrews Held & Malloy Ltd. to handle intellectual property matters unless it gets more information on what the firm will be paid.
A photographer is pushing the U.S. Supreme Court to revive a copyright lawsuit that claimed Nike infringed his image of Michael Jordan to create the iconic “Jumpman” logo, arguing a ruling that ended his case treated photography as “a second-class art.”
An inventor-attorney “unequivocally” started the clock on filing a malpractice suit against Cowan Liebowitz & Latman PC when she accused the firm of misusing her ideas for a "premium" concert event ticket and threatened legal action 16 years ago, a Second Circuit panel said Tuesday.
The Federal Trade Commission and Qualcomm have filed dueling motions urging a California federal judge not to allow the other to keep evidence out of an upcoming trial in the agency’s suit accusing the chipmaker of anti-competitive licensing practices.
A recently created panel that will set precedent for the U.S. Patent Trial and Appeal Board has taken its first case, agreeing to tackle questions about the practice of issue joinders in a review of a patent challenge involving fracking technology.
The former global head of intellectual property at Allen & Overy LLP has been tapped to head the new intellectual property litigation team at Kirkland & Ellis LLP’s London office, Kirkland said.
The Patent Trial and Appeal Board has handed a partial win to Samsung in a dispute over three Huawei cellular network patents, chucking all of the challenged claims in one of the Chinese phone maker’s patents and knocking off several claims in the other two.
The Chinese government on Wednesday broke its relative silence regarding the handshake agreement between President Donald Trump and President Xi Jinping last week, vowing to quickly make policy changes in areas in which it reaches consensus with U.S. negotiators.
Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.
Body Glove and its private equity owner, Marquee Brands LLC, didn’t harm the Asia licensee of the watersports company despite engaging in hardball business tactics during a dispute over licensing rights in the world’s most populous region, a California federal jury has determined.
A U.S. Tax Court judge on Tuesday questioned the Internal Revenue Service's reasoning for denying Mylan Inc. a $50 million legal fee deduction, challenging the agency’s argument that the deduction could not be taken for litigation related to the generic drug approval process.
The Federal Trade Commission said Tuesday that it supports the Food and Drug Administration’s plan to prevent drug companies from strategically objecting to generic approvals with the aim of delaying competition, saying the commission was ready to help curb abuse.
A district court judge was wrong to invalidate a patent for a Johnson & Johnson unit’s blockbuster cancer drug Zytiga, the company told the Federal Circuit, arguing that the lower court had ignored an America Invents Act provision in finding the patent was obvious.
A doctor accused of running a pill mill told an Illinois federal court Monday that a same-named pain doctor isn’t “famous” enough to maintain claims for unfair competition alleging his business suffered due to confusion after the indictment.
A Federal Circuit panel on Tuesday repeatedly pushed back on claims by Aventis Pharma S.A. that its prostate cancer drug should be patentable because the drug is inventive, questioning how a drug that increased someone’s life was not obvious.
A studio cycling company has urged a Texas federal court to toss Peloton Interactive Inc.'s patent infringement suit, saying Peloton is trying to transform the online competitive cycling market into its own patent-eligible invention.
The Patent Trial and Appeal Board has agreed to review defensive patent group RPX Corp.'s challenge to a patent covering mobile website technology, rejecting arguments that the petition should be denied because Google — an RPX member that was previously sued for infringement — wasn't named an interested party in the case.
The U.S. Patent and Trademark Office asked the full Federal Circuit on Monday to reject prolific inventor Gilbert Hyatt’s request for review of the agency’s ability to reopen patent prosecution rather than hearing an appeal, saying the practice is consistent with the Patent Act.
The Federal Circuit on Tuesday refused to revive the University of Illinois' breach of contract claim stemming from a lengthy dispute with Micron Technology Inc. over semiconductor patents, and also nixed Micron's bid to recover its attorneys' fees.
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
U.S. Patent and Trademark Office Director Andrei Iancu told Law360 in an interview Thursday that the many changes he has spearheaded during his busy first year in office should provide a clearer landscape where patentees and the public know better how patent disputes might play out.
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.
The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.
The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.
How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.
If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.
The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.
Continuation practice can be abused by patentees to manipulate the infringement damages analysis in their favor. Courts can start to unstack the deck by adopting a bright-line rule for the hypothetical negotiation date, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.
On their own, blockchain technology, open-source software and patents each present complex legal issues, but when combined, the complexity and misunderstandings of these three topics are magnified, says James Gatto of Sheppard Mullin Richter & Hampton LLP.
More than 100 years ago, the U.S. Supreme Court set forth, as a fundamental rule of U.S. patent law, that a patentee is entitled to only one patent per invention. However, now the practice of “continuation” applications permits an inventor to receive numerous issued patents ostensibly for the same invention, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.
As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC.