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 U.S. International Trade Commission has launched an investigation into whether face masks to treat sleep apnea shipped to the U.S. by New Zealand-based Fisher & Paykel Healthcare Ltd. rip off rival ResMed Inc.’s patented sleep masks, the agency said on Monday.
A California federal judge found Monday that Corephotonics Ltd.’s complaints “more than simply” alleged that Apple Inc. knew about the Israeli startup’s lens technology patents and infringed them in several iPhone models, rejecting the tech giant’s bid for dismissal.
The Patent Trial and Appeal Board on Monday shot down LG Electronics Inc.'s request to review a patent for 4G wireless technology that lies at the heart of a federal infringement suit, saying the electronics maker failed to show the claims at issue were likely invalid.
The Patent Trial and Appeal Board on Monday agreed to review Acronis Inc.'s challenge to Realtime Data LLC's patent covering data compression technology, saying the patent owner's complaints about serial attacks were undercut by its own litigation activity.
The Patent Trial and Appeal Board abruptly ended its review of a patent related to septic tank systems on Monday, deciding that Infiltrator Water Technologies LLC filed its petition challenging the validity of the patent too long after it was sued for infringement.
Qatari sports and entertainment network beIN Media Group said it has initiated a $1 billion international arbitration claim against Saudi Arabia, saying the country did nothing to stop "the most widespread piracy of sports broadcasting the world has ever seen.”
A startup called RockStar Hotels Inc. on Tuesday asked a Florida federal court for legal fees incurred defending itself from Hard Rock Cafe International USA Inc.'s failed trademark lawsuit, which the startup said was "an arrogant misuse of financial superiority."
A company that develops 3D printing processes did not violate a non-disclosure agreement when it included information about a specific polymer in a patent application, because the agreement carved out exactly that scenario, the Seventh Circuit said Monday.
In a move described as atypical, the Federal Circuit on Tuesday partially tossed a Patent Trial and Appeal Board decision upholding a Paragon BioTeck eye solution patent challenged by Altaire Pharmaceuticals Inc., in light of a settlement reached between the drugmakers.
A Tennessee federal court has denied Spotify USA Inc.'s bid to toss a $321.3 million case in which the streaming service faces claims that it infringes hundreds of copyrights, saying a copyright administration company has standing to proceed with the matter.
A former associate at now-defunct intellectual property firm Novak Druce Connolly Bove & Quigg has sued Polsinelli PC and several former Novak Druce partners who now work there on claims he was cheated out of over $125,000 in commissions he earned before the firm dissolved.
Abbott Laboratories and a New York medical distributor have agreed to settle claims levied by the drugmaker in New York federal court in a trademark dispute over the sale of "gray market" versions of Abbott's diabetes test strips.
O'Melveny & Myers LLP said Monday it hired former Paul Hastings LLP partner Hassen A. Sayeed, an attorney with a medical degree who specializes in biotechnology and medical device patent cases, to join its growing life sciences intellectual property litigation practice in New York.
The City of New York has won a long-running trademark dispute over the iconic Central Park restaurant Tavern on the Green, preventing the landmark’s former operator from continuing to use the name.
A former stock trader who quit his day job to create a golf club swing analyzer has sued TaylorMade Golf Co. and Blast Motion Inc. in California federal court, claiming the two companies infringed his patents by selling their own, nearly identical products.
The U.S. Supreme Court on Monday denied appeals in a slew of patent cases, while asking the federal government to weigh in on RPX Corp.’s challenge to a ruling that the defensive patent group lacks standing to appeal a Patent Trial and Appeal Board decision.
An opioid painkiller designed to deter sniffing and injection does not infringe two of Purdue Pharma LP’s OxyContin-related patents, a Massachusetts federal judge has ruled in a victory for Collegium Pharmaceutical Inc. and its two-year-old Xtampza XR.
The Federal Circuit on Monday upheld re-examination decisions that two Natural Alternatives patents on compounds to boost athletes’ endurance are invalid based on earlier patents in a chain of applications, finding the company had omitted a key phrase from one application.
After a four-day auction, bankrupt gadget retailer Brookstone secured a roughly $73 million bid to purchase its intellectual property, e-commerce domain and all but one of its airport stores in its Chapter 11 going-concern sale.
Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.
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.
A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.
In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.
Amgen's third lawsuit against Apotext illustrates how biologic drug owners can use later-issued patents to extend biosimilar litigation after an initial Biologics Price Competition and Innovation Act action has concluded, say attorneys at Paul Hastings LLP.
A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says Ronald Katz of GCA Law Partners LLP.
Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.
Understanding how U.S. Patent and Trademark Office incentive policies influence examination decisions is critical to effective patent portfolio development. Examiners do not have unlimited resources, and that reality presents specific challenges and opportunities to applicants, says Eric Blatt of Rothwell Figg Ernst & Manbeck PC.
The Federal Circuit's decision in Core Wireless v. Apple shows that failing to read the fine print on membership obligations to standards-setting bodies can lead to consequences for patents held by companies or acquired from other standards participants, say Jim Burger and Michael Parks of Thompson Coburn LLP.
Last month, the Federal Circuit issued a potentially far-reaching opinion on the application of enablement. The decision in Boston University v. Everlight provides guidance for patentees and patent litigants when initially filing their patent application and later during litigation, say Scott Bornstein and Jonathan Wise of Greenberg Traurig LLP.
To afford U.S. companies a chance to seek relief from Section 301 tariffs against China, the Trump administration created a hearing process. Testifying at a Section 301 hearing may prove helpful for companies whose products become the target of new tariffs in the coming months, says S. George Alfonso of Braumiller Law Group PLLC.
The new version of the U.S. Patent and Trademark Office's trial practice guide — the first major update since its publication in 2012 — is sure to have a significant, wide-reaching impact on strategies for parties and practitioners appearing before the Patent Trial and Appeal Board, say Michael Fleming and Kamran Vakili of Irell & Manella LLP.