The differences between the Federal Circuit’s most-reversed and least-reversed district courts run far deeper than their success rates on appeal — a metric that can vary widely throughout the judiciary, according to Law360’s look at three years of Federal Circuit cases.
A California federal judge on Tuesday said he’ll give a pair of songwriters one last shot to bring copyright claims against Taylor Swift for allegedly ripping off lyrics to the 3LW song “Playas Gon’ Play" in her 2014 hit “Shake It Off,” saying at the same time that the lines at issue are too short and insufficiently creative to merit Copyright Act protection.
Indiezone Inc. asked the Ninth Circuit on Tuesday to rethink its decision that a lower court correctly sanctioned the startup and its lawyer for bringing a “sham” company into its case alleging that former employees conspired to steal its $1 billion e-commerce processing software.
LeClairRyan is stuck defending against a malpractice suit brought by a disgruntled client, after a newly assigned Illinois federal judge refused to toss the case despite harsh words from a previous judge who called the client’s claims “bizarre” and “extraordinarily troubling.”
Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”
The Patent Trial and Appeal Board denied challenges to two patents for AbbVie Inc.’s blockbuster autoimmune drug Humira, finding that generics maker Sandoz Inc. hadn’t shown they were likely invalid.
VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.
A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.
The days of patents regularly being invalidated under Alice early in a case could be over following a Federal Circuit decision that a judge wrongly granted summary judgment that a patent claimed only abstract ideas, attorneys say, and the contentious issue may now go to juries.
IBM accused an outgoing top executive Monday of violating a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer, prompting a New York federal judge to temporarily block her from starting her new job at least until a hearing is held.
Disney urged a California federal judge Monday not to toss its lawsuit alleging Redbox resells digital download codes for Disney flicks, arguing that terms clearly printed on the box prevent the movie rental giant from hawking the downloads on the secondary market.
The U.S. Patent Trial and Appeal Board found Monday that Google had shown certain claims of a Makor Issues & Rights Ltd. traffic system patent were invalid as obvious but said the internet giant failed to prove that several claims of a second Makor patent were void.
Uber paid hundreds of millions of dollars last week to settle civil accusations that it stole self-driving car technology from Google’s Waymo, but don’t forget: Federal prosecutors might still bring criminal charges over the same alleged theft.
An Arizona federal judge on Monday trimmed fraud and interference claims from an online gambling company's lawsuit that accused an Italian sportswear company of hijacking registered internet domains, but said the gambling company had plausibly suggested the website names had been improperly suspended.
A California federal judge on Monday ordered network device maker Nomadix Inc. to disclose patent information related to the counterclaims filed against it by a hotel entertainment company, explaining that the patent licenses could help establish damages in an $11 million suit over unpaid royalties.
British heavy metal band Iron Maiden is accusing several unidentified websites of selling counterfeit products that infringe its trademarks, according to a suit filed Monday in Illinois federal court.
A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.
The successor to the bankrupt operator of iconic New York restaurant Tavern on the Green asked a federal court Monday to nix the city’s trademark suit against it, arguing it paid $1.3 million to franchise the restaurant’s name and motifs.
A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.
Barcade, a New York-based company that operates bars featuring arcade games, defended its trademark in Texas federal court on Monday, filing suit against two West Texas bars it alleges have used the “barcade” mark in their advertisements.
Crowell & Moring LLP has added to its intellectual property group's New York office a former Kirkland & Ellis LLP attorney who brings more than a decade of experience in IP litigation and patent portfolio management.
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.
On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.
The U.S. Supreme Court recently granted certiorari in WesternGeco v. Ion, a case that could have significant ramifications for U.S. patent holders who compete in foreign markets, say attorneys with MoloLamken LLP.
Advisory board agreements are often overlooked and ignored, and clients frequently sign them without your review. Yet, these agreements sometimes contain provisions that make breaching almost inevitable, says David Leffler of Culhane Meadows PLLC.
While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.
Since 2008, Federal Circuit rulings have shown a tendency to impose on single-reference obviousness validity challenges the same set of requirements that apply when multiple references are asserted in combination, tailoring those requirements as necessary. Three recent inter partes review appeals offer important guidance to those asserting as well as those opposing single-reference obviousness, say Andrew Bramhall and Bill Margeson... (continued)
The "Blurred Lines" verdict on copyright infringement and the district court’s decision sustaining that verdict were not at all surprising, decided in conformity with well-established Ninth Circuit precedent. However, there was an evidentiary decision that, if it stands on appeal, could have far-reaching implications for future cases, says Richard Busch of King & Ballow, who represents the Gaye family in this case.
The technology at issue in University of Maryland v. Presens offers patent practitioners a relatively straightforward illustration of the useful but sometimes tricky technique of starting with a primary reference’s base physical structure and/or principle of operation, and modifying it with a more narrowly tailored teaching from a second reference, says Samuel Drezdzon of Haynes and Boone LLP.
The adjudication process at the U.S. International Trade Commission, which involves discovery and trial before an administrative law judge, is followed by a “final initial determination” that goes to the full commission for review. This stage warrants proper attention for both complainants and respondents seeking to change the course of a Section 337 proceeding, says Daniel Valencia of Covington & Burling LLP.
Under the right conditions, conjoint analysis is appealing as a mechanism to help disaggregate royalty rates consistent with relative contributions of technology components to a product’s overall value. There are several factors to consider in determining whether it is the appropriate damages methodology, says Daniel Korczyk of GlassRatner Advisory & Capital Group LLC.
One reason why there were few 2017 inter partes review remand decisions that reached the same result as the pre-remand decisions may be that the Federal Circuit has left less room for the Patent Trial and Appeal Board to do so, say Kerry Taylor and Clayton Henson of Knobbe Martens.