Financial companies are leading the rush to file patents for tools and products based on blockchain, the ledger technology underlying bitcoin, and a wave of litigation could be on the horizon. Here is what intellectual property attorneys need to know about the patent landscape for the increasingly popular tech.
The Ninth Circuit on Tuesday revived part of a copyright infringement suit by a California-based software maker against DHL Supply Chain BV, finding that even though DHL is a foreign company, its use of the software in the Golden State was enough to land it in court there.
Mayer Brown LLP recently announced it has hired away from Norton Rose Fulbright a commercial litigation partner who specializes in insurance, intellectual property disputes and patent litigation to join its Houston office.
A California federal judge said Wednesday that he is inclined to grant Samsung's bid to block a Chinese injunction barring the company from selling smartphones that allegedly infringe two Huawei patents, but he criticized attorneys on both sides for adopting a litigation strategy that doesn't seem to be in the best interest of their clients.
The Patent Trial and Appeal Board on Tuesday invalidated several claims in a Realtime Data LLC hardware patent related to storage devices following a challenge from Apple, but said that Realtime could amend many of the claims.
The U.S. Tax Court’s analysis of Medtronic Inc.’s license with its Puerto Rican subsidiary doesn’t dig deep enough to explain a transfer pricing method that slashed the medical device maker’s tax bill by hundreds of millions of dollars, an Internal Revenue Service attorney told the Eighth Circuit on Wednesday.
A split Ninth Circuit panel ruled Wednesday that a site hosting user-uploaded pornography was protected by Digital Millennium Copyright Act’s so-called safe harbors, even though it lacked a written policy to terminate users who repeatedly infringed copyrights.
Convincing the Patent Trial and Appeal Board to exclude evidence from America Invents Act reviews is a tall order, according to a new analysis, which shows the PTAB has granted just a fraction of these requests. Despite the daunting numbers, experts said there are still reasons that litigants may be inclined to ask.
A Texas appellate court ruled Wednesday that trial courts can hear and decide injunction requests before they rule on motions to dismiss that are brought under a state free speech law with an expedited timeline, in an oil field tool company’s fight over foreign patents.
Like the NCAA itself, the universities that compete in the yearly March Madness basketball tournament are strict enforcers of their trademark rights. To celebrate Thursday's tip-off, here's a roundup of how the 2018 tourney's top-ranked teams protected their brands over the past year.
An architecture firm blasted Five Guys in Illinois federal court Wednesday over the fast food chain’s bid to toss attorneys’ fees and damages from a copyright infringement suit, saying it was "hard to square” Five Guys’ argument about the date when the firm registered its copyright with the facts of the case.
HTC and others urged the full Federal Circuit Tuesday not to undo precedent that allows one co-owner of a patent to bar another co-owner’s infringement suit by opting out of the case, saying that doing so would "open up a Pandora's box" of disputes among sparring patentees.
A synthetic-turf maker will be allowed to add defendants to its suit over a turf patent following a $30 million trial verdict, a Michigan federal judge ruled Monday, after the losing party's bankruptcy filing revealed financial relationships that could support new alter-ego allegations.
The Fifth Circuit on Tuesday affirmed a win for the former head of a General Electric distressed fuels team against claims she had taken intellectual property to her new job at a rival, but overturned a finding she was subjected to an unreasonable noncompete agreement.
The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board decision that found Philips patents covering light-emitting diodes were not invalid, rejecting a New York-based lighting company’s argument that the board used the wrong test for obviousness.
The Eleventh Circuit said Monday that Mid-Continent Casualty Co. cannot recoup legal fees in a construction-design policyholder’s coverage suit over underlying copyright litigation, because the types of claims in the suit made Mid-Continent ineligible for recovery regardless of a settlement offer the insurer had said earned it the fees.
Wilson Sporting Goods Co. urged a Texas federal court Tuesday to reject a magistrate's recommendation to deny the sports equipment maker $61,451 in fees it racked up in a rival's patent suit over football helmet chin straps, saying the magistrate relied on a pre-Octane Fitness standard.
Idexx Laboratories Inc. hasn’t been paying the University of Texas the full royalties it owes for licensing technology used to detect Lyme disease in animals, the university’s governing board said in a suit removed to Texas federal court Tuesday.
With nor'easters repeatedly bearing down on the East Coast, fast-food chain Dairy Queen and office supplier W.B. Mason are going to trademark war over "Blizzard."
A reggae performer known as Flourgon asked a New York federal judge to stop Miley Cyrus from performing her 2013 hit “We Can’t Stop,” a song he claimed uses lyrics from one of his own tunes, in a copyright infringement suit lodged against the former Disney star Tuesday.
The Trademark Trial and Appeal Board has refused to register “Beast Mode Soccer” as a trademark for sports equipment and apparel, citing NFL superstar Marshawn Lynch and his “Beast Mode” nickname.
After a three-year surge, patent suits at the Federal Circuit leveled off last year as the court showed signs of adjusting to its bustling workload. The judges found time to write more opinions, and they reached greater consensus, penning fewer separate concurrences and dissents than in 2016.
A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.
While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.
In this disruptive age, a successful patenting strategy should be a company core competency. Failure to shift corporate thinking has caused many well-established companies to be blindsided by technological developments that oust them from their market leadership positions, say Carey Jordan and Jeremy Harrison of Vorys Sater Seymour and Pease LLP.
As cannabis industry players aggressively build patent portfolios around their products, including marijuana strains, a cannabis patent war is likely on the horizon. Among other issues, the lack of prior art may lead to issuance of overbroad patents, which will pose risks to other market participants, say attorneys with Goodwin Procter LLP.
Among the more than 600 covered business method review and post-grant review challenges that have been brought to the Patent Trial and Appeal Board, indefiniteness is perhaps petitioners' least popular weapon. The statistics for indefiniteness challenges reveal some emerging trends, say Deborah Sterling and Yunjun Guo of Sterne Kessler Goldstein & Fox PLLC.
A New York federal court's recent decision in FlameFlynet v. Shoshanna adds to a growing body of precedent for refusing to award substantial statutory damages requested by a copyright owner where the amount far exceeds actual damages, says Daniel Mazanec of Greenspoon Marder LLP.
Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.
Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.
Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.
Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.
Many of the American presidents we traditionally honor on Presidents’ Day contributed to the development of U.S. copyright law. You may not think of Gerald Ford, but he signed into law the Copyright Act of 1976 and his memoirs played an important part in defining the fair use doctrine, says David Kluft of Foley Hoag LLP.