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.
Chipmakers and other tech companies holding standard-essential patents may no longer be able to unilaterally dictate how they license those patents, and to whom, after a California federal judge granted the Federal Trade Commission an important procedural win Tuesday for its upcoming antitrust trial against Qualcomm.
The liquidating trustee for F-Squared Investment Management LLC is asking the Delaware bankruptcy court to approve a settlement with the financial technology company he says licensed F-Squared the untested trading algorithm that sent it into bankruptcy.
A Chicago pizza puff maker told an Illinois federal court Wednesday that a $220,000 verdict from a rival's trademark infringement suit should be cut down, arguing the competing bakery waited too long to sue after first sending a cease and desist letter.
The Federal Circuit on Wednesday refused to revive technology company PurePredictive Inc.'s claims that an open-source software company ripped off its predictive analytics patent, leaving in place a lower court's ruling saying the patent is too abstract to be valid.
The Federal Circuit shot down an effort by Fresenius Kabi USA to salvage a patent on Diprivan, siding on Wednesday with financier Kyle Bass in his push to invalidate claims over silicone-covered stoppers on vials of the anesthetic.
Defunct Indian pharmaceutical company Ranbaxy has been accused in a federal lawsuit of stuffing generic drug approval queues with falsified applications and scheming to try to block other generic forms of various drugs from coming to market.
A Pittsburgh mural artist agreed Wednesday to drop the Pennsylvania Department of Transportation from the long list of developers, landowners and agencies he blames in a federal lawsuit for destroying at least eight of his installations in and around the city.
The U.S. Patent and Trademark Office has appointed the former deputy general counsel of Silicon Valley-based A10 Networks Inc. as deputy director, the agency announced Tuesday.
A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.
Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.
With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.
Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.
A Texas appellate court has pared down a trade secrets lawsuit brought by an energy services company against three of its former employees, holding one defendant should be let out of the suit and that the lower court too strictly limited work the trio can perform in the meantime.
The company behind Welch's Fruit Snacks has agreed to drop a trademark lawsuit over a rival candymaker's planned line of Sunkist gummies after the competitor agreed to scrap allegedly look-alike packaging.
Months after the Ninth Circuit criticized a federal judge for refusing to award attorneys’ fees to a movie producer because its actions resembled those of a "copyright troll," the same judge has reversed course and granted the company its legal bills.
A California federal judge found Tuesday that Qualcomm is obligated to provide licenses for its standard-essential patents to rival chipmakers, siding with the Federal Trade Commission on an important issue in the agency's challenge of the company’s broader licensing practices.
Drugmaker Fresenius Kabi USA urged the Federal Circuit at oral arguments Tuesday to toss a patent challenge brought by activist hedge fund manager Kyle Bass over the use of silicone to cover rubber stoppers on vials of the anesthetic Diprivan.
The Federal Circuit on Tuesday upheld a series of Patent Trial and Appeal Board decisions that largely favored Activision Blizzard Inc. and other video game companies in challenges to three broadcast technology patents, finding a number of claims across the patents invalid.
The Girl Scouts of the United States of America sued the Boy Scouts of America in New York federal court Tuesday, claiming that the Boy Scouts' recent decision to admit girls to its programs infringes on the former's use of the word "Scout" and removes the core gender distinction between the two organizations.
American Tower Corp. and a small company that claims the cell tower giant poached its proprietary technology filed a joint motion in Massachusetts federal court Tuesday requesting that some documents obtained in discovery be kept under seal, including source code that would be viewable only on a single computer inside a locked room in an attorney's office.
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.
Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.
In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.
Patent Trial and Appeal Board proceedings remain powerful tools for companies accused of patent infringement. However, recent case law developments, rule changes and shifting legal frameworks have increased the hurdles faced by petitioners, say Harper Batts and Jeffrey Liang of Sheppard Mullin Richter & Hampton LLP.
Which is more important — data privacy or cybersecurity? Most in-house counsel know the answer depends on which receives the limited available compliance budget. But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.
With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.
The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.
For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.
In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.
It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.