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.
President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.
Uber Technologies Inc. has hired a U.S. Department of Justice lawyer and former close adviser to Deputy Attorney General Rod Rosenstein as its chief compliance officer, bringing in a new executive as the ride-hailing service grapples with employment, privacy and trade secrets matters.
President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.
President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.
Levi Strauss & Co. is pushing to end a New York federal lawsuit that accuses the denim giant of being “one of the world’s biggest trademark ‘bullies’” in favor of its own California case, calling the New York case an example of “gamesmanship” and forum-shopping.
A California federal court awarded internet analytics firm WebSpectator Corp. more than $30.6 million in damages on Monday in its suit accusing two former board members of causing the company’s value to plummet from $170 million to less than $300,000 when they stole domain information and locked the company out of its own business.
The Ninth Circuit on Monday rejected a photographer's request for a full-bench rehearing of his lawsuit claiming Nike Inc. infringed his copyright by ripping off his iconic 1984 Life Magazine photo of Michael Jordan to create its "Jumpman" logo.
The Patent Trial and Appeal Board on Friday agreed to review Hulu’s challenge to a data management patent that is subject to prior challenges by the streaming service and others, despite arguments by the patent owner that this was a classic example of a serial petition.
A Texas surgeon scored a victory at the Patent Trial and Appeal Board on Monday, when the board upheld a patent on a surgical device that the doctor has accused Acclarent Inc. of infringing.
The Federal Circuit on Monday amended several sentences in its May decision that vacated a $77 million verdict against Intersil Corp. in a trade secrets and patent case brought by Texas Advanced Optoelectronic Solutions Inc., but otherwise opted not to rehear the case.
The Patent Trial and Appeal Board agreed Friday to review the entirety of two Shire PLC patents covering its long-acting attention deficit hyperactivity disorder medication Mydayis, following a challenge from KVK-Tech Inc.
A construction company embroiled in an infringement suit alleging it stole highway construction patents that were used in two Miami-Dade projects should be sanctioned for allegedly fabricating nine responses to support its defense that it used the technology first, according to a filing in Florida federal court on Friday.
A startup that was sued by Hard Rock Cafe Inc. for trademark infringement is arguing that the hospitality giant should not be allowed to drop the case without repaying the smaller company’s legal bills.
PolarityTE Inc. closed on a $104 million deal to buy a pending patent covering skin regeneration technology without telling investors that the U.S. Patent and Trademark Office had rejected the patent application, a potential class of shareholders have told a Utah federal court.
Two law professors have urged the Ninth Circuit to uphold a U.S. Tax Court decision in favor of Amazon.com Inc. in a transfer pricing dispute with the Internal Revenue Service, saying the agency was relying on an incorrect reading of cost-sharing regulations.
A Manhattan federal judge ruled Monday that the 2011 hit novel “The Art of Fielding” didn’t infringe the copyright to an unpublished baseball-focused book with similar plot points.
A California museum is facing an intellectual property suit that accuses it of using Salvador Dali’s name and likeness to promote the museum and sell merchandise.
Famed comic book creator Stan Lee announced Monday that he has dropped his $1 billion California state court fraud suit against Pow Entertainment Inc., which had claimed the company he helped to create profited by stealing his identity, likeness, name and image.
Maier & Maier LLP has added a former U.S. Patent and Trademark Office deputy commissioner with nearly 50 years of experience in patent law, the firm announced.
The Chinese government has expanded its World Trade Organization challenge of President Donald Trump’s sweeping tariffs meant to counter Beijing’s intellectual property policies, alleging that the United States has violated global trade rules, according to a WTO document circulated Monday.
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.
Tuesday marks four years since the U.S. Supreme Court shook the patent world with its Alice v. CLS Bank decision. Looking at post-Alice findings of subject matter eligibility, we have learned that specifications should be drafted to clearly describe the problem, solution and benefit of the claimed invention, says Drew Schulte of Haley Guiliano LLP.
The three Jones Day partners who represented software developer SAS Institute give us a peek inside the five-year journey that took a seemingly ordinary Patent Trial and Appeal Board case to the U.S. Supreme Court this term, and changed the U.S. patent system.
For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.
In scenarios where a patent has just issued, patent prosecution analytics can indicate the likelihood that the patent is valid, and generally inform the relative value of the patent compared to others in its technology space, say David Grosby and Adnan Obissi of McDonnell Boehnen Hulbert & Berghoff LLP.
The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.
Overall, the new amendments to the U.S. International Trade Commission rules governing Section 337 unfair trade practice investigations are seen as improvements. But some observers believe the increased options may slow proceedings, say attorneys with Eversheds Sutherland LLP.
The U.S. Supreme Court has been asked to clarify in the case of Tempnology the extent to which trademark license rights survive rejection in bankruptcy proceedings. In the meantime, licensees face continued uncertainty on their ability to use licensed trademarks following rejection, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.
For patent venue disputes, the Federal Circuit's 2017 Cray opinion marks a return to fact-intensive inquiries over whether a “regular and established place of business” exists in a district. Over the last six months, courts have been placing greater weight on certain facts over others, say Andrew Holmes and Zachary Flood of Quinn Emanuel Urquhart & Sullivan LLP.
During movie awards season this year, "Three Billboards Outside Ebbing, Missouri" highlighted the power of a communication medium that some believe has been unduly muzzled over time through regulation and legal challenges, says Karina Saranovic of Delman Vukmanovic LLP.
Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.