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 last week has seen dozens of energy companies and insurers sue Danish shipper Torm, a British private equity firm and a Goldman Sachs unit lodge a dispute with a handful of Portuguese companies and nearly two dozen British rail operators take on Visa and MasterCard just hours after an appellate ruling dealt the credit card giants a setback in their battle with retailers. Here, Law360 looks at those and other new claims in the U.K.
President Donald Trump is expected Monday night to name his choice to replace Justice Anthony Kennedy. The nomination will give the president his second chance to name a justice to the high court in less than two years, setting up a high-stakes political battle likely to consume the legal world and the nation in the months to come.
A California federal judge said Friday he would probably trim several patents from Nevro’s suit claiming Boston Scientific infringed its spinal cord stimulation technology for pain treatment, saying the patents’ vagueness was either “sloppy drafting” or a deliberate effort to “grab anything that comes close to the invention.”
A Ninth Circuit panel ruled Friday that California’s Resale Royalties Act, effective since 1977, only applies to art sales conducted prior to the 1978 effective date of the federal Copyright Act, mostly affirming a lower court’s dismissal of long-running class action litigation against Christie's Inc., Sotheby's Inc. and eBay Inc.
IBM Corp. and Groupon Inc. are slated to kick off a 10-day federal trial in Delaware on July 16 over alleged infringement of Big Blue's patents that date to the early days of personal computing, with royalties on billions of dollars in the latter company's revenues potentially at stake.
Viacom Inc. accused a media business of trying to extract licensing fees out of the "Double Dare" game show trademark, telling a New York federal court on Thursday the business has registered or applied for a handful of trademarks for popular older children’s television shows and is holding them hostage for licensing fees.
A coalition of European data protection watchdogs has said that ICANN, the database of global internet web addresses, can operate its domain lookup service in a way that coexists with the EU's new privacy regime — if it overhauls the way it asks for information.
A California federal judge on Friday gave Nike, Canon, GoPro and others more than $563,000 in combined attorneys’ fees after they dodged an “exceptionally meritless” case by Cellspin Soft Inc. alleging their fitness-tracking and GPS devices infringed its patents.
The Federal Circuit on Friday backed a judge’s finding that Wright Medical Technology Inc. is not liable for infringing a Spineology patent on a surgical tool for cutting bone, although on somewhat different grounds than the lower court used.
A Wisconsin federal judge sentenced Chinese wind turbine manufacturer Sinovel Wind Group Co. Ltd. to pay a statutory maximum fine of $1.5 million on Friday over its theft of trade secrets from AMSC, leaving it up to the parties to settle over damages.
In its 2018 term, the Texas Supreme Court became the first state high court in the country to apply attorney-client privilege to non-lawyer patent agents, opened the doors for patients to access hospitals' closely guarded insurance reimbursement rates, and strengthened protections for lawyers facing suits brought by courtroom opponents. Here, Law360 takes a look at six of the most significant cases from the term.
The Federal Circuit on Friday summarily affirmed a California federal judge’s decision to make Merck pay Gilead Sciences Inc. $14 million in attorneys’ fees after it was uncovered that a Merck in-house attorney behaved so outrageously during patent prosecution that the court had to overturn a $200 million infringement verdict.
Every theater viewer in Whoville liked a raunchy Grinch parody a lot. But Dr. Seuss’ estate, still holding onto the copyright, did not. The district court said the play could go on! The Second Circuit too! And now this parody of Seuss is officially cleared under fair use.
A Central District of California jury has found that Certified Aviation Services LLC infringed two patents on a system for cleaning aircraft engines owned by EcoServices LLC and it awarded $1.95 million in damages.
Smartphone buyers urged a California federal judge Friday to certify an antitrust class action accusing Qualcomm of fixing the price of microchips used in cellphones.
Three Manhattan-based strip clubs asked a New York federal judge Thursday for an early win in litigation lodged by 11 models who allege their images were improperly used to advertise the establishments, saying the women erroneously claim that they have rights to the pictures.
Soon after the Trump administration finalized tariffs on $34 billion worth of Chinese goods in an intensifying tussle over intellectual property rules on Friday, the Office of the U.S. Trade Representative unveiled a new process for importers to earn waivers from the new 25 percent levy.
Cardi B slapped her former manager on Thursday with at least $15 million in counterclaims after he initially hit her with a $10 million defamation and breach of contract suit, as the rapper alleged in New York federal court that he deceitfully took a large chunk of her royalties and duped her into signing over all of her copyrights for audio or video recordings.
A Reed Smith LLP team representing a financial software company developer in a tit-for-tat fight over a busted joint venture has a “myriad” of unwaivable conflicts and should be booted from representing the company in the trade secret case, according to a Thursday filing in an Illinois federal court.
In this week’s round of intellectual property attorney moves, Barnes & Thornburg LLP picked up three partners who specialize in patent and trademark matters, while FisherBroyles LLP landed its own trio of new partners who bring a wealth of technical and engineering experience, and a pair of Wilson Keadjian partners branched off to form their own IP firm. Here are the details on these and other notable IP hires.
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.
The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.
The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.
As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.
Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.
I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.
The Patent Trial and Appeal Board has long been hesitant in granting motions to amend, but recent statistics show that the board is granting them with greater frequency. Patent owners should increasingly consider adding motions to amend to their overall inter partes review and post-grant review strategy, say Justin Krieger and Christopher Thomas of Kilpatrick Townsend & Stockton LLP.
With the World Cup about to hit our screens, the temptation for some businesses that lack the badge of "official sponsor" to promote their global brand will be great. But, however tempting, the stakes for those so-called ambush marketers are high, say attorneys with Bryan Cave Leighton Paisner LLP.
A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.
Some people are intent on convincing newly appointed U.S. Patent and Trademark Office Director Andrei Iancu to roll back post-grant review procedures. The innovation community needs to remind Iancu why the patent reform gains of the last few years are so critical, says Dana Rao, associate general counsel of intellectual property and litigation at Adobe Systems Inc.
Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.