Bud Light used an actor dressed as a medieval town crier last week to ask a Minnesota brewery to stop using the company’s trademarks, becoming the latest brand to transform a cease-and-desist into a marketing stunt.
A Federal Circuit judge suggested Wednesday that an Illinois trial court was too quick to use the Supreme Court’s Alice standard to invalidate a digital-archiving patent that has been asserted against Hewlett-Packard Co., saying there was still a genuine factual dispute as to whether the invention was abstract.
China dominated worldwide intellectual property growth in 2016 as filings for patents, trademarks and industrial designs throughout the globe set records, according to an annual report by the World Intellectual Property Organization.
Dinsmore & Shohl LLP has announced that it has brought on board five intellectual property attorneys and 10 administrative staff members from McDonald Hopkins LLC to open a Cleveland office in an effort to continue expanding the firm’s footprint in Ohio.
Four out of five businesses feel uneasy about China’s new national cybersecurity law, which could force them to divulge data security measures to Chinese authorities, according to a poll released on Wednesday.
The Patent Trial and Appeal Board on Tuesday invalidated claims on two patents asserted by ATV maker Arctic Cat Inc., finding the claims to be anticipated and obvious over prior art in an America Invents Act inter partes review.
A medical device maker urged a Federal Circuit panel in oral arguments Wednesday to restore a Texas federal jury’s original conclusion that claims of two spinal correction device patents were invalid, a finding erased by U.S. District Judge Rodney Gilstrap in what the company called an “unprecedented” Seventh Amendment violation.
American Innotek Inc. fought to overturn a ruling that its patent covering waste disposal bags used by U.S. Air Force pilots was obvious during an appeal before a Federal Circuit panel Wednesday.
Fabric-maker Unicolors Inc. told a California federal jury on the opening day of a copyright trial Tuesday that H&M ripped off one of its patterns for a jacket and skirt, while the clothing retailer countered that it never even saw the design.
Synopsys Inc. has urged the U.S. Supreme Court to review a pair of Federal Circuit patent principles it says ignore the Patent Act and high court precedent, yet were applied by the appellate court to keep in place a $36 million infringement judgment in favor of Mentor Graphics.
Celltrion Inc. on Tuesday asked a Massachusetts federal court to order Janssen Biotech Inc. to turn over documents from Janssen’s recently dismissed lawsuit against Samsung Bioepis Co. Ltd., arguing that the information is relevant for its defense against Janssen’s instant suit over Pfizer Inc.’s biosimilar anti-inflammatory biologic Remicade.
Roxane Laboratories told a Federal Circuit panel Tuesday that Vanda Pharmaceuticals' dosage method patent for its antipsychotic Fanapt is “quintessential conventional activity,” in its effort to overturn a Delaware court's finding its proposed generic version of the drug infringed the patent.
Google defended its Patent Trial and Appeal Board victory over Summit 6 in Federal Circuit oral arguments Tuesday, but the smaller tech company will rely on briefs to argue the PTAB erred in voiding the patent of a commercially successful photo uploading system companies such as eBay paid millions to use.
Pharmaceuticals company Bristol-Myers Squibb Co. asked the Federal Circuit Tuesday to reject for lack of standing a competitor’s appeal of a U.S. Patent Trial and Appeal Board decision upholding its patent for a biologics product, saying the company cannot show injury because it has not yet developed a product that infringes the patent.
Illinois-based EZ Stak LLC, a company that sells “modular work truck interior” equipment, sued a competitor in Illinois federal court Tuesday, claiming the competitor had falsely accused it of patent infringement for its equipment designs, and therefore cost the company tens of thousands of dollars in potential business.
The Federal Circuit on Tuesday ruled that the Patent Trial and Appeal Board should have invalidated even more claims of a patent for switching a software session from one network-enabled device to another, in a win for challengers, including Netflix and Hulu.
Moldex-Metric urged the Ninth Circuit on Tuesday to again revive allegations rival McKeon infringed its trademark shade of green for industrial-use earplugs, saying a lower court wrongly found the color was unprotectable because it served an essential function — allowing workers to see whether colleagues are wearing them.
Micron Technology Inc. accused two companies in Taiwan and China of recruiting its employees and stealing valuable information about Micron’s dynamic random access memory integrated circuits in an attempt to become viable rivals to the California company, according to a suit filed Tuesday.
A company specializing in sex selection technology for semen used in artificial insemination of animals on Tuesday sought to resurrect portions of patents for sorting and freezing bovine semen for transport, telling a Federal Circuit panel that the Patent Trial and Appeal Board improperly struck down challenged aspects of the patents as obvious.
Texas Roadhouse Inc. and Texas Corral Restaurants Inc. have agreed to end Roadhouse's trademark infringement suit over a logo featuring a map of the state of Texas wearing a cowboy hat, according to documents filed in Indiana federal court Tuesday, with both parties agreeing to bear their own costs.
An increase in the number of motions to amend challenged patents is likely following the recent issuance of new guidance lowering the burden on such claims Buchanan Ingersoll & Rooney PC's Patrick C. Keane predicted Monday.
The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. Here, check out all of our best coverage of the case.
Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.
Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.
Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.
Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.
The Federal Circuit's recent decision in Merck Sharp & Dohme v. Hospira could be read to conflict with the court’s own precedent regarding the relevance of copying in abbreviated new drug application cases, say Jonathan Bachand and Ashley Morales of Knobbe Martens.
It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.
Following the U.S. Supreme Court's decision this year in Impression Products v. Lexmark, companies — particularly pharmaceutical companies — should look to obtain multiple distinct patents with method-of-use claims in order to insulate at least part of their patent portfolios from the defense of patent exhaustion, say Jorge Goldstein and Neil Shull of Sterne Kessler Goldstein & Fox PLLC.
The U.S. Patent and Trademark Office’s persuasive brief in SAS Institute v. Matal — set for oral argument on Nov. 27 — suggests this inter partes review case may improve the government’s winning percentage at the U.S. Supreme Court, says Jason Nolan of Duane Morris LLP.
While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.
Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.