Advances in artificial intelligence raise intriguing patent law questions, including whether AI breakthroughs are patent-eligible and whether AI that creates something can be an "inventor" entitled to a patent. Here's a look at issues attorneys say patent law will soon need to confront in this burgeoning field.
The estate of artist Robert Indiana won a bid on Tuesday to arbitrate American Image Art’s crossclaims against it, which stem from a lawsuit alleging that the man behind the iconic "LOVE" image allowed friends to manipulate him and forge his works.
Puma must face claims that the German sportswear company is knowingly ripping off Nike’s patented knitted shoe designs, a Massachusetts federal judge ruled Wednesday, queuing a legal battle over the trendy, sock-like features of Nike’s Flyknit series and Puma’s Netfit series.
Duane Morris LLP added a Knobbe Martens intellectual property veteran with a wide range of experience and expertise in trade secret matters as a partner to its San Diego office, the firm announced.
A patent owner asked the U.S. Supreme Court on Tuesday to examine the “multiple proceedings rule” for challenges to a patent’s validity, arguing the Patent Trial and Appeal Board has been inconsistent in how it applies the rule in America Invents Act reviews.
Teva Pharmaceuticals USA Inc. lodged its brief in a case at the U.S. Supreme Court concerning the on-sale bar in patent cases, telling the justices the America Invents Act didn’t give the phrase “on sale” a new meaning that would reverse decades of legal precedent.
The major record labels sharply criticized Cox Communications on Tuesday for pushing to change the venue of their impending showdown over illegal downloading, calling it “a ploy” to avoid bad precedent.
The Federal Circuit on Wednesday upheld a $20 million verdict against Eli Lilly & Co. for infringing a German company's patent when marketing its erectile dysfunction drug Cialis to also treat enlarged prostates.
The Second Circuit on Wednesday overturned a court order halting production of a film about the 1977 plane crash that killed members of Lynyrd Skynyrd, but refused calls from critics to declare the earlier ruling "a classic First Amendment violation."
Eli Lilly & Co. has accused French biotech firm Adocia SA, with which it had a short-lived research partnership to develop insulin drugs, of falsely claiming that it should be listed as an inventor on a set of Lilly’s other, unrelated insulin patents.
Federal authorities in Florida have arrested a former Manhattan accounting firm executive on charges he defrauded investors of $2 million through a sham intellectual property company he created.
Actress Olivia de Havilland is asking the U.S. Supreme Court to revive a lawsuit she filed over the way she was portrayed in the FX docudrama "Feud: Bette and Joan," pressing the justices to reject an “absolutist view of the First Amendment.”
The Federal Circuit on Tuesday affirmed U.S. District Judge Rodney Gilstrap’s decision to invalidate seven mobile messaging patents that were asserted against Regal Cinemas, Baskin-Robbins, Edible Arrangements and the Culver’s restaurant chain, leaving intact the lower ruling to ax the patents for being too abstract under the U.S. Supreme Court's Alice test.
StubHub hasn’t completely dodged allegations that it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who then allegedly misappropriated proprietary data despite a previous ruling in the ticket company’s favor, a California federal judge recently ruled.
A small Florida law firm that uses the slogan “Ever Argued With a Woman?” is suing a Texas firm for trademark infringement for using the similar “Ever Argue With a Woman?”
The Federal Circuit on Tuesday reversed a lower court’s invalidation of three patents asserted against Google LLC by a unit of patent licensing company Acacia Research Corp., finding that instead of claiming abstract ideas, they actually claim patent-eligible improvements in spreadsheet technology.
The U.S. Supreme Court declined Monday to hear a constitutional challenge to America Invents Act reviews brought by Advanced Audio Devices LLC, which argued the cancellation of older patents in the reviews amounts to an impermissible taking of property rights.
Apple asked a California federal court to deny Qualcomm’s bid to dismiss portions of a sweeping patent case, saying the chipmaker's promise not to sue over nine patents does not address other claims at issue in the dispute.
A Pittsburgh mural artist can’t show that his work was recognized and important enough to be protected by federal law from removal for redevelopment projects, the city’s housing authority said in a filing Monday in Pennsylvania federal court.
An antitrust lawsuit by a group of California pharmacies targeting a settlement between Pfizer Inc. and Ranbaxy Inc. over the anti-cholesterol drug Lipitor hit the end of the road Tuesday, with the U.S. Supreme Court declining to take up the pharmacies’ argument that their suit was improperly removed to federal court and then dismissed.
Gilead Sciences Inc. has asked a Delaware federal court to dismiss yet another patent infringement case against a drugmaker attempting to sell a generic version of its blockbuster HIV preventative medication Truvada, with hints that a settlement is being hammered out.
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
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.
Last week, the Senate passed the first substantive update to music copyright law in a generation. The Music Modernization Act will bring questions, sweeping changes and legal challenges for copyright owners, say Danielle Mattessich and Lindsay Jones of Merchant & Gould PC.
In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.
The Federal Trade Commission hearing on Friday featured two panels discussing the state of U.S. antitrust law and one panel on monopsony power. Jon B. Jacobs and Barry Reingold of Perkins Coie LLP offer key takeaways.
A litigation review of a patent is generally performed just before litigation is commenced, when it's too late to correct problems with the patent. Properly performing the review before the patent issues could improve the chance of success in court, says Keith Nowak of Carter Ledyard & Milburn LLP.
Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.
While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.
Historically, a trademark owner could challenge a junior user’s application in the Trademark Trial and Appeal Board and, regardless of outcome, subsequently sue in federal court for damages and equitable relief. A recent shift has upended this law and made it decidedly more risky to commence proceedings at the TTAB, say David Marroso and Megan Smith of O’Melveny & Myers LLP.
When approaching M&A, investments and other transactions associated with artificial intelligence, we must take into consideration the nature of the technology today, the anticipated technological developments and the evolving legal landscape, say Lee Tiedrich and Daniel Gurman of Covington & Burling LLP.
With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.
Last week, the IRS issued its first guidance as to proposed rule-making on global intangible low-taxed income. This is a welcome start at clarification and integration of GILTI with other code sections but more guidance is necessary, especially as to the Section 250 deduction and the workings of the foreign tax credit, says Robert Kiggins of Culhane Meadows LLP.