Eighteen months after the U.S. Supreme Court limited where patent suits can be filed, courts continue to wrestle with questions about venue rules. Here is a look at recent decisions that have provided some guidance.
A trio of generic-drug makers have urged the Federal Circuit not to stay its ruling that sovereign immunity doesn’t apply in inter partes reviews, arguing that Allergan PLC and the St. Regis Mohawk tribe haven’t proven the U.S. Supreme Court would have a reason to take up their case or overturn the decision.
An infringement case over a Bristol-Myers Squibb Co. patent covering its Orencia biologics product is not moot simply because challenger Momenta Pharmaceuticals Inc. is considering stopping development of a proposed biosimilar, Momenta has told the Federal Circuit.
A California federal court has dismissed claims against the co-founder of plaintiffs firm Hagens Berman Sobol Shapiro LLP in a suit accusing the firm of not properly splitting more than $6 million in attorneys' fees awarded in an underlying action over the use of student athletes' likenesses in video games.
The Recording Industry Association of America asked the full Ninth Circuit to undo a high-profile ruling on Led Zeppelin's "Stairway to Heaven," saying it threatens to "badly overprotect" copyrights.
Venable LLP has snagged a tech-savvy patent litigator, formerly of Goodwin Procter LLP, to bolster the firm's growing intellectual property litigation practice in San Francisco and help the team’s developing focus on the technology sector, Venable said.
Gel Spice Company Inc. failed to prove that Badia Spices' trademark for its “Sazón Completa” spice mix has become generic and Gel willfully infringed the mark, a Florida federal jury found Monday in awarding $564,000 to Badia.
Semiconductor maker Power Integrations Inc. laid out its case Monday for more than $21 million in damages during the first day of a Delaware federal court trial over claims that competitor Fairchild Semiconductor International willfully infringed two patents and induced third parties to import products using the infringing microchips to the U.S.
The Screen Actors Guild‐American Federation of Television and Radio Artists asked a California federal judge Monday to throw out songwriter Kevin Risto's putative class action alleging it violated its fiduciary duty to session musicians and backup singers by taking a 3 percent service fee on all royalties they're owed.
A California federal judge on Sunday doubled a 2014 jury award and ordered medical device company Cochlear Ltd. to pay more than $268 million in a lawsuit over a hearing-aid implant patent owned by the Alfred E. Mann Foundation for Scientific Research, a medical research organization.
The creator of Invisalign and dental scanners accused an Israel-based rival of infringing its design and trademarks covering sterile sleeves for the scanners so it could sell its similar but allegedly inferior product, according to a suit in California federal court.
A Winston & Strawn LLP arbitration agreement with a former income partner now suing the firm for gender discrimination carries "the taint of illegality" and is unenforceable, a California appellate court said Friday.
Teva Pharmaceuticals’ high-profile challenge to a new U.S. Food and Drug Administration policy on generic-drug exclusivity is wildly speculative and has virtually no chance of succeeding, the FDA told a D.C. federal judge Friday.
The Federal Circuit heard arguments Monday regarding whether claims in two patents that relate to a method of preventing electrical fires in gas tubing are too similar to prior art and whether it is a violation of due process to retroactively declare a pre-America Invents Act patent unpatentable.
Federal Trade Commission Chairman Joseph Simons has recused himself from any participation in the agency’s California federal court antitrust case accusing Qualcomm of anti-competitive patent licensing practices, leaving an even divide between the FTC’s Republican and Democratic commissioners as the agency and the chipmaker pursue settlement talks.
The Federal Circuit said Friday it would not reconsider an August ruling that invalidated part of a Nautilus Hyosung America Inc. ATM patent challenged by Diebold Nixdorf Inc., a rival company that the U.S. International Trade Commission found infringed the patent.
Two weeks after winning a jury verdict that Walmart willfully infringed its "Backyard" trademark, a Southern discount chain is asking a North Carolina federal judge for a quick trial to figure out how much the retail giant must pay.
Nathan Kelley, former U.S. Patent and Trademark Office deputy general counsel of intellectual property law and solicitor, has joined Perkins Coie LLP as a partner in its Washington, D.C., office, the firm announced Monday.
Medtronic leveled a counterclaim Friday in a sexual orientation bias case brought by David Ruschke, a former Patent Trial and Appeal Board chief judge and onetime attorney for the medical device maker, telling a California federal court that Ruschke hasn't repaid a $250,000 loan the company gave him in 2007.
The Trademark Trial and Appeal Board on Friday decided a "Sonia" brand of Mexican sauces was confusingly similar to a "Sonia Soni" brand of Indian spices, ruling that "certain spices may be used in both Mexican and Indian cuisine."
The U.S. Supreme Court on Monday declined to review a ruling from the Federal Circuit that invalidated real estate search patents under the Alice test, choosing not to weigh in on whether the appellate court's ruling could be squared with a high-profile decision issued days later.
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.
The U.S. Patent and Trademark Office eligibility rules for design patent prosecutors are irrational, costly and biased against women’s access to a valuable part of the legal profession. A number of different approaches are available to solve the problem, say Christopher Buccafusco and Jeanne Curtis of the Cardozo School of Law at Yeshiva University.
To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.
As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.
As the recent Olivia de Havilland v. FX decision confirmed, expressive artistic works like the "Feud" miniseries are entitled to broad First Amendment protection. But what if "Feud" were a video game in which players controlled the battles between Bette Davis and Joan Crawford? In right of publicity case law, video games are treated as second-class citizens, says Michael Garfinkel of DLA Piper.
Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.
Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.
In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.
The House recently passed the SUCCESS Act to extend the U.S. Patent and Trademark Office's expired fee-setting authority, but the lack of retroactive effect in the bill may force the USPTO to redo its pending 2018 fee proposal, says Andrew Baluch, a partner at Smith Baluch LLP and former White House intellectual property adviser.
Last month, the Federal Circuit issued a modified opinion in Power Integrations v. Fairchild, retreating from an earlier ruling that set an unattainable standard for invoking the entire market value rule. However, the new burden will prove to be just as difficult to meet in practice, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
The Federal Circuit in Aatrix and Berkheimer may have limited the role of district courts in determining patent eligibility cases. Though these two cases provide some additional guidance, there appears to still be a wide range of viewpoints within the Federal Circuit as to the correct approach to Section 101, say Robert Maier and Jonathan Cocks of Baker Botts LLP.