The differences between the Federal Circuit’s most-reversed and least-reversed district courts run far deeper than their success rates on appeal — a metric that can vary widely throughout the judiciary, according to Law360’s look at three years of Federal Circuit cases.
A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.
The days of patents regularly being invalidated under Alice early in a case could be over following a Federal Circuit decision that a judge wrongly granted summary judgment that a patent claimed only abstract ideas, attorneys say, and the contentious issue may now go to juries.
IBM accused an outgoing top executive Monday of violating a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer, prompting a New York federal judge to temporarily block her from starting her new job at least until a hearing is held.
Disney urged a California federal judge Monday not to toss its lawsuit alleging Redbox resells digital download codes for Disney flicks, arguing that terms clearly printed on the box prevent the movie rental giant from hawking the downloads on the secondary market.
The U.S. Patent Trial and Appeal Board found Monday that Google had shown certain claims of a Makor Issues & Rights Ltd. traffic system patent were invalid as obvious but said the internet giant failed to prove that several claims of a second Makor patent were void.
Uber paid hundreds of millions of dollars last week to settle civil accusations that it stole self-driving car technology from Google’s Waymo, but don’t forget: Federal prosecutors might still bring criminal charges over the same alleged theft.
An Arizona federal judge on Monday trimmed fraud and interference claims from an online gambling company's lawsuit that accused an Italian sportswear company of hijacking registered internet domains, but said the gambling company had plausibly suggested the website names had been improperly suspended.
A California federal judge on Monday ordered network device maker Nomadix Inc. to disclose patent information related to the counterclaims filed against it by a hotel entertainment company, explaining that the patent licenses could help establish damages in an $11 million suit over unpaid royalties.
British heavy metal band Iron Maiden is accusing several unidentified websites of selling counterfeit products that infringe its trademarks, according to a suit filed Monday in Illinois federal court.
A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.
The successor to the bankrupt operator of iconic New York restaurant Tavern on the Green asked a federal court Monday to nix the city’s trademark suit against it, arguing it paid $1.3 million to franchise the restaurant’s name and motifs.
A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.
Barcade, a New York-based company that operates bars featuring arcade games, defended its trademark in Texas federal court on Monday, filing suit against two West Texas bars it alleges have used the “barcade” mark in their advertisements.
Crowell & Moring LLP has added to its intellectual property group's New York office a former Kirkland & Ellis LLP attorney who brings more than a decade of experience in IP litigation and patent portfolio management.
A Los Angeles retail property investor facing trademark infringement claims from Fred Segal LLC urged a California federal judge on Monday to “at a minimum” send the case to a jury after she tentatively ruled to dismiss their counterclaims alleging they have a right to keep the fashion brand’s sign up on an iconic ivy-covered property on Melrose Avenue.
The Federal Circuit affirmed Monday an International Trade Commission decision barring imports of certain Robert Bosch GmbH table saws that the agency had determined infringed safety patents held by SawStop LLC.
The U.S. Patent and Trademark Office would get $3.41 billion in funding under the 2019 budget President Donald Trump unveiled Monday, which would hold the office’s budget steady while many other government agencies face the prospect of major cuts.
The Federal Circuit upended a decision from the Patent Trial and Appeal Board rejecting an application for a patent on a drain valve, finding, in part, that the board didn’t adequately explain its conclusion that the invention was obvious.
Gibson Dunn & Crutcher LLP announced Monday that it had hired a White & Case LLP partner with a high-profile intellectual and technology transactions practice for its Silicon Valley office.
MillerCoors was sued for trademark infringement Monday by a California craft beer maker called Stone Brewing Co. over the giant’s recent decision to market its Keystone brand simply as “Stone.”
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.
A patent dispute before the U.S. Supreme Court this term, Oil States v. Greene’s, concerns the limits of Congress’ ability to create courts under Article I and therefore raises separation-of-power issues similar to those in Stern v. Marshall, where the Supreme Court limited the authority of the bankruptcy courts, says Benjamin Feder of Kelley Drye & Warren LLP.
To help litigants forecast the amount of time an inter partes review appeal will take, attorneys with Knobbe Martens analyzed each IPR appeal decided by the Federal Circuit over the last year and compiled statistics.
The Federal Circuit's recent decisions in Forest v. Teva and The Medicines Co. v. Mylan show that our definiteness requirements can impact patent prosecution, as well as claim interpretation and validity during an infringement action, say Brian Trinque and Giulio DeConti of Lathrop Gage LLP.
A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.
In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.
Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.
Monday is Martin Luther King Jr. Day, marking what would have been the 89th birthday of the great civil rights leader and Baptist minister. Although copyright is not — and should not be — the first thing that comes to mind when we think of King, his legacy's impact on copyright law ought to be somewhere on the list, says David Kluft of Foley Hoag LLP.
Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.
The Federal Circuit's recent denial of further review in Regeneron v. Merus means that it is now established law that an adverse inference of wrongful intent can, in some circumstance, be drawn as a sanction for litigation misconduct without satisfying two Therasense requirements for making inferences of wrongful intent, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.
This week's decision in Wi-Fi One v. Broadcomm continues a string of Federal Circuit efforts to limit the Patent Trial and Appeal Board's ability to review and invalidate patent claims. Wi-Fi One may expand the PTAB determinations subject to appeal, and it also has other implications for the inter partes review process, say Garrard Beeney and Stephen Elliott of Sullivan & Cromwell LLP.