The two-year legal war between Apple Inc. and Qualcomm Inc. over patents, licensing practices and trade secrets is barreling ahead, with a series of notable legal developments in recent months. Here is everything you need to know to get up to speed.
The Federal Circuit on Thursday denied the federal government’s bid to delay oral arguments in an appeal of a Patent Trial and Appeal Board decision upholding the validity of an electronic trading patent, despite arguments that Justice Department attorneys could not attend because of the ongoing government shutdown.
The World Trade Organization has assembled a panel that will weigh the Trump administration’s allegation that China has violated international trade laws with patent rules that purportedly discriminate against foreign technology companies, according to a document published Thursday.
The Ninth Circuit said Tuesday that a financial services firm couldn’t file a trademark lawsuit against a news website that published a critical webcast featuring the company’s name in the title, ruling it a so-called nominative fair use.
Seafood company Nippon Suisan Kaisha Ltd. won its challenge in post-grant review to a patent on a process for purifying fish oil on Wednesday, with the Patent Trial and Appeal Board finding many claims in the patent were too vague.
A former Ballard Spahr LLP intellectual property partner has joined the ranks of Stevens & Lee PC outside Philadelphia to take on a new role as co-chair of the firm's technology, telecommunications and life sciences practice.
U.S. District Judge Rodney Gilstrap on Wednesday shot down HTC's request to delay an upcoming trial in its case alleging Ericsson overcharges for royalties on cellular and wireless standard-essential patents, saying the bid appears to be a "litigation tactic."
The intellectual property team at Jones Day achieved a slew of victories in 2018 but perhaps none more significant than a U.S. Supreme Court ruling that the Patent Trial and Appeal Board must decide the validity of every challenged patent claim when it agrees to institute America Invents Act review, cementing the firm's spot among Law360's IP Groups of the Year.
Duane Morris LLP has added an intellectual property partner to its Washington, D.C., office who previously chaired Wiley Rein LLP’s patent litigation practice, the firm recently announced.
Steptoe & Johnson LLP has hired a Boies Schiller Flexner LLP trial lawyer with experience representing clients in employment, intellectual property and complex commercial disputes to serve as its co-managing partner in its Los Angeles office, the firm announced Wednesday.
A photographer best known for his work in the 1960s with the music magazine Rolling Stone sued a Boston music publication Thursday in federal court, claiming the site ripped off his photo of Janis Joplin and her first band, Big Brother and the Holding Company.
Law360’s latest roundup of notable patent developments outside the U.S. includes a stop in Australia, where a court has given new hope to software patent applicants, and China, which is considering a legislative proposal that could lead to larger damages awards.
Rocawear clothing owner Iconix Brand Group Inc. told a New York state court that Jay-Z's complaints about the American Arbitration Association's lack of diversity in an intellectual property dispute are an attempt to dodge arbitration "masquerading as a crusade to create further diversity."
Tinder co-founder Sean Rad violated trade secret protection agreements by making copies of his work emails and other documents, Tinder owner Match Group Inc. and its parent company said in a suit filed in New York state court.
A Texas federal judge ruled Wednesday that Texas’ anti-SLAPP law does not apply in federal court, denying Neology Inc.'s motion to dismiss a $1 million lawsuit alleging the RFID technology company published false claims that a rival company stole trade secrets.
Auto parts maker JTEKT Corp. does not have constitutional standing to bring its case challenging rival GKN Automotive Ltd.'s favorable decision from the Patent Trial and Appeal Board up to the federal courts as the Japanese company would not be injured by the patent, GKN said in its U.S. Supreme Court brief.
The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.
Johnson & Johnson told a Pennsylvania federal judge Tuesday that Walgreens and Kroger can't bring antitrust claims against it for allegedly inflating prices and suppressing competition for its drug Remicade, reiterating its argument that the retailers didn't directly purchase the drug from J&J.
The Patent Trial and Appeal Board on Wednesday invalidated a shoe company’s patents for light-up sneakers after a rival shoemaker, Stride Rite Children’s Group LLC, challenged the patents in inter partes review, finding the claims to be obvious in light of previous inventions.
A New York federal court on Wednesday tossed, at Beyoncé’s request, a case in which the singer sought to shut down a line of “Feyoncé” merchandise aimed at newly engaged women, more than three months after she failed to secure a quick win.
Two boat companies that had fought for years over claims they infringed each other's trademarks found out from a Delaware federal jury Wednesday that their entire fight was for nothing — no one's trademarks were infringed at all.
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
U.S. Patent and Trademark Office Director Andrei Iancu told Law360 in an interview Thursday that the many changes he has spearheaded during his busy first year in office should provide a clearer landscape where patentees and the public know better how patent disputes might play 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.
Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.
While the U.S. Patent and Trademark Office's 2019 revised patent subject matter eligibility guidance is a well-written document that relies on considerable case law to support its position, it has certain limitations, says Lawrence Ashery of Caesar Rivise PC.
In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.
Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.
The U.S. Patent and Trademark Office's 2019 revised patent eligibility guidance can be summarized and restated as a process of four sequential questions to apply the Alice-Mayo test for a Section 101 analysis, says Stephen Glazier of Akerman LLP.
The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.
The Federal Circuit recently agreed to consider whether its decision in Power Integrations v. Fairchild was "implicitly overruled" by the U.S. Supreme Court's WesternGeco ruling. Andrew Michaels of the University of Houston Law Center examines how one may know when a circuit court precedent has been overruled by the Supreme Court.
Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.
With the U.S. Supreme Court set to hear the case on Brunetti's "immoral and scandalous" trademark, our money is on Brunetti getting a registration. And the ruling could have an even greater impact than the Tam decision on "disparaging" trademarks, say Jennifer Ko Craft and Hilary Williams of Dickinson Wright PLLC.
Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.