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.
The Trump administration on Tuesday ratcheted up the trade war between the U.S. and China, releasing a wide-ranging $200 billion list of Chinese goods the government said it wants to hit with tariffs, from frozen fish to plastic pipes.
The pharmaceutical company Cosmo Technologies Ltd. has again slapped Actavis Laboratories FL with a suit alleging that Actavis’ colitis drug Uceris infringed a Cosmo patent.
The Federal Circuit on Tuesday upheld a California jury’s finding that crosswalk signal maker Campbell Co. willfully infringed rival Polara Engineering’s patent, but the appellate court erased a $1 million enhanced damages award after concluding it wasn’t fully explained by the lower judge.
A former Apple employee was charged with theft of trade secrets in California federal court Monday for allegedly downloading proprietary information related to the tech giant’s self-driving car plans just days before accepting a job with a Chinese self-driving car company.
U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.
D.C. Circuit Judge Brett Kavanaugh, President Donald Trump's nominee to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court, has publicly shared his view that being a judge means following the law — not making it — being impartial and not acting like a jerk. Here, experts share with Law360 five tips for how he can adhere to that philosophy while navigating confirmation hearings.
In a nonprecedential ruling issued Tuesday, the Federal Circuit refused to review en banc its prior decision to give Google LLC a new shot at invalidating claims in four media search patents in an inter partes review.
Numerous legal challenges to U.S. Food and Drug Administration policies are likely if D.C. Circuit Judge Brett Kavanaugh ascends to the U.S. Supreme Court and helps persuade other justices to give less deference to regulators.
The Patent Trial and Appeal Board on Tuesday designated as informative its rulings in three patent reviews and two appeals of rejections of patent applications, covering issues such as guidelines for how information in cases can be sealed as confidential.
President Donald Trump on Tuesday issued an executive order eliminating the competitive examination and selection procedures for appointing administrative law judges, citing “sound policy reasons” for making the exception in the wake of the U.S. Supreme Court’s Lucia v. SEC ruling last month.
Biomet Orthopaedics Switzerland GmbH asked the Third Circuit on Tuesday for access to confidential discovery materials it says it needs to fight a trade secrets suit brought in Germany by bone cement maker Heraeus Medical GmbH, arguing that Heraeus was allowed to use the materials in the same foreign proceeding against another adversary.
Confirmation of President Donald Trump’s nominee to the U.S. Supreme Court, D.C. Circuit jurist and conservative all-star Brett Kavanaugh, would spell further trouble for federal agencies and so-called Chevron deference, but experts predict that the pro-regulation judicial doctrine is unlikely to be overturned completely in the near future.
Tesla Inc. is looking to dismiss a $2 billion patent suit, telling a federal court in Arizona on Monday that its designs are different than those of Nikola Corp., which claims Tesla copied its midentry door, fuselage, front fender and windshield designs on a semitruck.
The Patent Trial and Appeal Board agreed Monday to review a Biogen Inc. patent related to the cancer treatment Rituxan, even as the board acknowledged Pfizer Inc. may have used its decision in an earlier case as a roadmap when crafting the challenge.
HTC Corp. on Monday urged the full Federal Circuit to reconsider a recent ruling that refused to limit where foreign companies can be sued for patent infringement, saying there was “no excuse” for ignoring the law as written by Congress.
World Wrestling Entertainment Inc. and Take-Two Interactive Software Inc. on Monday asked an Illinois federal court to shut down a suit alleging they infringed a tattoo artist's copyrights by depicting the heavily inked wrestler Randy Orton in their WWE 2K video games, calling the complaint sloppy and vague.
Holland & Knight LLP announced Tuesday it has hired a dozen former Reed Smith LLP attorneys, including a longtime managing partner in Philadelphia, to help launch a new office in the City of Brotherly Love.
The U.S. International Trade Commission on Monday said it will launch a Section 337 investigation into whether imports of certain convertible sleeper sofas and their parts from Canada infringe an Ohio furniture maker's intellectual property.
Biotech company AntiCancer Inc. on Monday hit former contractors with a $28.1 million trademark suit in California federal court, accusing the group of "well-financed, rapacious individuals" of stealing its valuable tumor samples and poaching its marks for cancer-treating methods.
In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.
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.
As a general rule, the U.S. International Trade Commission has given little to no deference to Patent Trial and Appeal Board decisions. However, recent decisions seem to throw a wrinkle into this lack of deference, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.
Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.
The introduction of EU-wide minimum standards for the protection of trade secrets should be welcomed by U.S. businesses for two reasons, say Robert Williams and Will Smith of Bird & Bird LLP.
The Trump administration and Congress are tightening investment restrictions and export controls to address technology transfer concerns. These measures initially focus on China, but will have broader effects on investments in the United States and transfers of emerging technologies, say attorneys with Baker McKenzie.
While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.
Recent developments following the U.S. Supreme Court's decision in SAS Institute make clear that inter partes review petitioners have lost the opportunity to preserve some “back pocket” invalidity arguments following an unsuccessful IPR trial, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow Garrett & Dunner LLP.
Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.
In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.
In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.
A Law360 article last week quoted former Patent Trial and Appeal Board judges who believe that board policies do not stymie dissenting and concurring opinions. But the policies do force three-member panels to act in unison, says Teddy Gron, of counsel at Oblon McClelland Maier & Neustadt LLP and a former administrative patent judge.