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.
An Ohio federal judge on Monday awarded medical device maker KCI USA $645 million in trebled damages against Healthcare Essentials Inc. and its founders for stealing and rebranding the other company's products, saying their "flagrant discovery abuses" during the case obscured the actual amount of money KCI is owed.
A split Federal Circuit panel on Monday upheld a judge’s decision that four patents on Acorda Therapeutics Inc.’s multiple sclerosis drug Ampyra are invalid as obvious, clearing the way for competing generic versions and putting the drug’s over $500 million in annual sales in jeopardy.
The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?
A company that helps computer centers stay online with uninterrupted power has filed suit in Illinois federal court against a former collaborator and now rival, accusing it of causing around $100 million in damages by improperly using and sharing its trade secrets."
Samsung and Apple prevailed Monday at the Federal Circuit with their arguments that the U.S. Patent Trial and Appeal Board correctly determined that the asserted claims of a patent covering wireless hot spot technology were obvious.
A Missouri federal court on Monday refused to cancel auto parts company O’Reilly Automotive Stores Inc.’s trademark over an inadvertent filing by the company’s attorney at the U.S. Patent and Trademark Office, finding that the error was not enough to constitute fraud.
Severson & Werson has expanded its trial practice, bringing three new partners versed in a variety of court cases to its San Francisco office from Archer Norris PLC.
The Federal Circuit on Monday ruled an EveryMd.com LLC patent covering online communications was invalid under the U.S. Supreme Court’s Alice test, upholding a lower court ruling in favor of Amazon.com Inc.
The Federal Circuit on Monday rejected the University of California’s bid for broad control over patents on the breakthrough gene-editing system CRISPR, holding that a research institute associated with Harvard and MIT is entitled to some patents on the technology.
The U.S. International Trade Commission plans to investigate whether certain Emerson Electric wireless mesh networking products infringe the asserted claims of four patents related to the technology that are held by a patent licensing company, the agency announced on Monday.
A New Jersey federal judge on Friday awarded $2.5 million in attorneys' fees as part of a $9.45 million settlement between Straight Path Communications and shareholders who accused the telecommunications asset holder of improperly acquiring and overstating the value of spectrum licenses.
The Federal Circuit ruled Monday that a sports gear store called Detroit Athletic Co. could not register its name as a trademark, owing to an earlier mark owned by a century-old Detroit social club.
The Federal Circuit ruled Monday that generic-drug maker Actavis Elizabeth LLC had not shown part of an Orexo AB patent covering the opioid addiction treatment Zubsolv was invalid, overturning a ruling from a bench trial in Delaware federal court.
A California federal judge has sanctioned Imprimis Pharmaceuticals Inc. for the second time after it violated a discovery order in a closely watched false advertising suit brought by Allergan USA Inc., ordering the drug compounder to provide the withheld documents and pay attorneys' fees.
FisherBroyles LLP has bolstered its growing intellectual property team with the addition of three partners with extensive experience in patent law, the firm announced.
For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.
It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.
A New York federal judge Friday dismissed Haier's antitrust suit claiming that Samsung Electronics Co., LG Electronics Inc., Panasonic Corp. and Columbia University use patents that are federally required for the production of televisions to control the market.
A New Jersey federal judge on Friday overrode a jury's verdict and instead found that EMD Serono Inc. and Pfizer Inc. infringed Biogen MA Inc.'s valid patent for the multiple sclerosis treatment Avonex.
The Ninth Circuit on Friday reversed an order compelling an Emirati bank to arbitrate a contract dispute with a U.S. financial technology company in California instead of Dubai, saying a lower court judge wrongly concluded that the bank had waived its right to argue that the court lacked jurisdiction.
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.
In the early 2000s, general practice firms in Florida rushed to establish their own intellectual property practice groups. Many of those attempts faltered. Now, Florida firms are forming relationships with large IP boutiques — bringing benefits to the firm, the boutique and the client, says Alex Fernandez of Brinks Gilson & Lione.
Justice Ruth Bader Ginsburg is everything she is cracked up to be — feminist icon, brilliant jurist, fierce dissenter. She is also an incredible boss, mentor and friend. Her advice has shaped how I have tried to balance building a career and raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.
Next term, the U.S. Supreme Court will tackle the issue of whether the America Invents Act intended to overrule decades of precedent and change the standard for the on-sale bar in Helsinn. But some guidance on how to avoid the “commercial” nature requirement of the on-sale bar altogether may already be found in Federal Circuit precedent, say attorneys with Choate Hall & Stewart LLP.
One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.
Given the frequency with which inter partes reviews are utilized in tandem with district court litigation to resolve patent disputes, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation, say attorneys with WilmerHale.
As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.
An analysis of Patent Trial and Appeal Board decisions from before and after the Federal Circuit's February 2018 Berkheimer decision suggests that the PTAB is using Berkheimer as a basis for overturning Section 101 subject matter eligibility rejections, says Karam Saab of Kilpatrick Townsend Stockton LLP.
To be on a level playing field with the rest of the world, the United States should consider amending its patent laws to permit both the export and stockpiling of pharmaceuticals during the patent term extension period, say attorneys with Goodwin Procter LLP.
The recent Ninth Circuit opinion in Altera Corp. v. Commissioner of Internal Revenue reaffirms the increasing significance of general administrative law principles in tax cases and marks a substantial departure from the arm’s-length standard for U.S. transfer pricing analysis for the past 80 years, say attorneys at Shearman & Sterling LLP.
Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.