U.S. Supreme Court justices on Tuesday wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leaving open the door for a possible exception to the bar for activities that aren’t commercial sales.
A Delaware Chancery Court on Monday tossed a biotech firm’s suit seeking $100 million in losses and triple damages from the German-based parent of Fraunhofer USA Inc. for fraudulent use and theft of its intellectual property, finding that the firm correctly sued the German parent in chancery court but moved too late to protect its claims.
The Federal Trade Commission can't justify its call for nationwide subpoena power in the agency's suit alleging the makers of testosterone drug AndroGel cut deals with generic companies to delay competition, two drugmakers argued in Georgia federal court.
A Chinese court has ordered Apple to stop selling several different iPhone models in the country, saying the phones infringed two patents held by Qualcomm, the chip supplier announced Monday.
The U.S. Supreme Court on Monday declined to hear a Corning Inc. subsidiary’s challenge to a $61 million judgment against it in a cable patent case, in spite of the fiber optics maker’s arguments that the judgment was based on a misreading of the high court's Halo ruling.
Renesas Electronics America Inc. has told the U.S. Supreme Court not to hear Texas Advanced Optoelectronic Solutions Inc.’s challenge of a Federal Circuit ruling that vacated a $77 million verdict against Renesas for stealing trade secrets and violating patent rights.
The head of the U.S. Department of Justice’s Antitrust Division on Friday delivered one of the sharpest examples yet of the division’s new emphasis on protecting patent holders by promising to rewrite an Obama-era policy on standard-essential patents and to crack down on standard-setting bodies that disrupt competition.
A North Carolina-based door part supplier will have to align its prices with fluctuating input costs and share that data with its buyer to comply with findings in a $185 million antitrust verdict, a Virginia federal judge ruled Friday.
The Federal Circuit on Friday overturned a U.S. International Trade Commission decision refusing Laerdal Medical Corp.’s request for an import ban against companies accused of infringing its trade dress rights to medical devices, saying the ITC waited too long to take issue with Laerdal’s allegations.
The Federal Circuit on Friday reversed a lower court decision invalidating a Novartis AG patent on the cancer drugs Zortress and Afinitor, saying that a 1995 law changing the length of patent terms meant the doctrine of double-patenting did not apply in the case.
Johnson & Johnson must face an antitrust suit accusing the drugmaker of foisting the brand drug Remicade on pharmacies and preventing them from carrying competing biosimilars, according to a Pennsylvania federal judge's ruling released Friday.
A Texas federal judge on Friday granted a request by Swedish antenna maker CellMax Technologies AB to intervene in an infringement suit brought by Spanish antenna maker Fractus against AT&T, Sprint and Nextel, alleging they bought antennas that use stolen technology.
Motorola Solutions Inc. has won its bid to transfer from New Jersey to Illinois a federal antitrust lawsuit by Hytera Communications Corp. accusing the telecommunications giant of unlawfully monopolizing the land mobile radios market, with a judge finding that the claims arose in the Prairie State.
The U.S. Treasury Department’s decision to limit interest expense deductions for certain foreign affiliates of multinational corporations could force businesses to undertake complex calculations and puts them at a risk of paying more tax on global income.
Auto parts maker JTEKT Corp. asked the U.S. Supreme Court on Friday to review a Federal Circuit ruling that it cannot appeal an inter partes review decision upholding a patent it challenged, saying the ruling takes an “unnecessarily narrow view” of appellate standing.
Actress Tara Reid wants the producers of the "Sharknado" science-fiction films to shell out $100 million for allegedly using her face on "Sharknado"-branded slot machines and beer cans without her permission, according to a lawsuit filed in California federal court.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. faces a challenge to its efforts to register "Wizarding World," Maserati and Arizona State University both aim to block a trident logo, and Nestle seeks to "Crunch" a small food business.
A Texas federal court has jurisdiction to hear whether several banks infringe a licensing company’s patents covering electronic banking procedures because the company sent demand letters to the institutions, which are located in the district, the Federal Circuit held Friday.
A Texas federal judge has determined that SAP America Inc. is entitled to $679,000 in attorneys' fees racked up in a lawsuit challenging the validity of InvestPic LLC's financial data analysis patent, an award short of the $939,306 SAP had requested.
Biotech company Genentech Inc. told a Delaware vice chancellor on Friday that a lawsuit filed by Takeda Pharmaceuticals USA Inc. over disputed patent rights associated with a drug that treats ulcerative colitis and Crohn's disease should not be fought in Delaware Chancery Court.
The Federal Circuit on Friday affirmed a lower court’s decision that upheld a patent on Novartis AG’s multiple sclerosis drug Gilenya, a ruling that will prevent regulatory approval of Ezra Ventures LLC’s generic version until at least early next year.
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.
As China's intellectual property enforcement system is strengthened, and its consumer market grows in size and sophistication, there are increasingly more and better opportunities for foreign businesses to bring their IP into the country, says Holly White, a technology consultant at Rouse & Co.
Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.
There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court.
Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.
Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.
When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.
The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.
The sixth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed the intersection of big data, privacy and antitrust issues. Attorneys with Perkins Coie LLP offer some key takeaways.
Biotechnology and pharmaceutical patents have fared better than other industry patents in inter partes review at the Patent Trial and Appeal Board. Four factors appear to contribute to the success rate, says Tom Engellenner of Pepper Hamilton LLP.