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.
From the impact of the America Invents Act on the scope of the on-sale bar to sovereign immunity at the Patent Trial and Appeal Board, courts have a number of important issues to consider as we move into the second half of 2018. Here’s a look at some of the issues — and cases that implicate them — that will be worth watching over the next six months.
The Trump administration on Friday imposed tariffs on $34 billion worth of Chinese imports covering technology, medical devices and industrial goods, marking the most aggressive move yet in the White House’s trade imbroglio with Beijing and stoking fear within the U.S. business community.
Genentech has sued Eli Lilly for infringing the asserted claims of a just-issued patent through sales of Taltz, a psoriasis drug that has been on the market since 2016, according to a complaint filed in the Southern District of California.
LeClairRyan has brought on board in Los Angeles a former intellectual property attorney who previously worked for Greenberg Traurig LLP, the firm recently announced.
Allegheny County, Pennsylvania, and the city of Pittsburgh fought to keep their bid for Amazon’s second headquarters secret Thursday, claiming that the 300-page proposal to woo the internet giant contains trade secrets and proprietary information that would harm the region’s chances of landing a major investment if it were made public.
Macy's Inc., OfficeMax Inc. and other online retailers urged a California magistrate judge on Tuesday to put an end to SpeedTrack Inc.’s suit alleging they’re infringing its patented method of accessing stored data online, arguing that the allegations are a “fable" unsupported by facts and should be stricken for good.
Mortgage lender Quicken Loans Inc. and its affiliates asked a Texas federal court Thursday to dismiss a suit that alleges they stole technology from a property appraisal startup, arguing their accuser has filed different incarnations of the case against others elsewhere and is shamelessly venue-shopping.
Susman Godfrey attorneys who spearheaded a $25 million royalties win over Beats Electronics LLC celebrity co-founders Dr. Dre and Jimmy Iovine last week say the case’s key challenge was convincing jurors that their client was an intended third-party beneficiary of a royalty agreement without his name on it.
Scientific Games Inc. told an Illinois federal judge on Thursday that its rival Shuffle Tech International LLC is proposing an unnecessary and “unduly prejudicial” instruction ahead of their trial this month over Shuffle Tech’s claim the gaming technology company unlawfully cornered the electronic card-shuffler market.
Several major intellectual property groups this week lent their support to the U.S. Patent and Trademark Office’s proposal to change the claim construction standard for America Invents Act reviews, saying it will make outcomes more predictable and boost confidence in the system.
The European Union on Thursday voted against a copyright bill that would have made tech companies such as Google and Facebook pay a “link tax” on copyrightable material on their websites, sending the bill back to lawmakers for retooling.
A California nursery objected Thursday in Delaware to the potential Chapter 11 sale of assets by bankrupt plant grower Color Spot Holdings Inc., saying the debtor is seeking to transfer a licensing agreement that allows it to use the nursery’s trademarks for wholesale operations.
A planned expansion of Delaware’s current five-member Court of Chancery gathered steam Thursday, one week after enactment of a state budget that added two new vice chancellor seats to the nationally prominent, 226-year-old equity court that routinely handles multibillion-dollar disputes.
The Patent Trial and Appeal Board ruled Thursday that SK Hynix Inc. had shown that claims of three Netlist Inc. memory module patents are invalid in inter partes reviews, and also terminated review of some claims that were previously found invalid in a separate case.
Oracle America Inc. urged a California federal judge on Tuesday to reject HP's bid to sanction the company over allegations that Oracle co-CEO Mark Hurd intentionally deleted hundreds of documents relevant to a copyright suit against the tech giant.
A New Jersey federal judge Thursday dismissed Sunovion Pharmaceuticals Inc.’s patent infringement suit against MSN Laboratories and Sandoz Inc. over its bipolar medication Latuda after the parties reached a deal and MSN agreed to delay its generic version of the drug until Sunovion's patent expires.
The Chinese government said Thursday it has no plans to abandon its controversial intellectual property and technology acquisition rules, even as the Trump administration prepared to move forward with tariffs covering $34 billion of Beijing’s exports on Friday.
The Federal Circuit imposed new hurdles to invalidating patents for claiming ineligible subject matter, cleared the way for more appeals of Patent Trial and Appeal Board decisions and set out several new guidelines for determining the proper venue for patent cases. Here's a look at the most significant patent decisions so far this year.
Sony has urged a New York federal court to squelch claims brought by filmmaker Ace Arts LLC that its documentary on The Beatles does not infringe any copyrights under fair use law, arguing that Ace Arts does not have standing to make those arguments.
What makes a law firm truly global? What does it take to handle the biggest and most complex cross-border matters? These firms know. Here, Law360 reveals its eighth annual ranking of the firms with the most international clout.
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.
In dealing with the fallout from the U.S. Supreme Court's SAS Institute decision, some may have overlooked a recent order in Western Digital providing the Patent Trial and Appeal Board’s most up-to-date guidance on motions to amend, say James Stein and David Reese of Finnegan Henderson Farabow Garrett & Dunner LLP.
Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.
Burberry's lawsuit against Target alleging misappropriation of its check pattern trademarks will raise significant issues, including secondary meaning and the aesthetic functionality doctrine, say Eric Chadwick and Kyle Peterson of Patterson Thuente Pedersen PA.
After six months of wrangling over the fate of a proposal to modernize the Committee on Foreign Investment in the United States, the U.S. Congress appears primed to streamline the CFIUS review process. As it currently stands, the proposed legislation would alter the process in many critical respects, say attorneys with Gibson Dunn & Crutcher LLP.
To assess the prevalence and value of new testimonial evidence in support of a preliminary response to an inter partes review petition, attorneys at Akin Gump Strauss Hauer & Feld LLP analyzed more than 300 IPR proceedings involving patents in the biotechnology and chemical arts.
In UCB v. Accord, the Federal Circuit affirmed that claims covering a pharmaceutical compound were not invalid for obviousness-type double patenting. This case provides guidance on the obviousness and obviousness-type double patenting analyses in chemical compound cases, say attorneys at Paul Hastings LLP.
Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
"Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.
Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.
Although the U.S. Department of Justice kept pace with the Obama administration’s annual Economic Espionage Act prosecution rates during the first 12 months of the Trump administration, there is reason to suspect that the foreseeable future may reflect a less vigorous approach, say attorneys with Perkins Coie LLP.