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 Nebraska federal judge on Monday reaffirmed a jury’s finding that Briggs & Stratton willfully infringed Exmark’s lawn mower patent after the Federal Circuit told the judge to take a second look at the case, finding that the jury properly considered Briggs’ state of mind at the time of the alleged infringement.
The Patent Trial and Appeal Board on Monday invalidated the asserted claims of three patents covering certain computer network systems that were challenged by Dell, Intel and other technology companies, determining in the inter partes reviews that the claims are obvious.
Software maker Ecimos LLC has won a $7.5 million judgment in its copyright suit filed in Tennessee federal court against an air conditioning manufacturer that allegedly stole its trade secrets to create copycat software, in violation of their licensing agreement.
Nearly 150 industry organizations and free trade advocates on Tuesday called on President Donald Trump to end his escalating tariff battle with China at this week’s G-20 summit, saying that the duties have done nothing to budge Beijing and are hampering U.S. businesses.
The Federal Circuit on Tuesday gave GPS technology company DeLorme a new chance to escape a $6.2 million U.S. International Trade Commission fine after the patent involved was invalidated, reversing the agency’s holding that the issue had already been resolved.
Morgan Chu of Irell & Manella LLP convinced the full Federal Circuit this year to reject the U.S. Patent Trademark Office's controversial stance that applicants who appeal to a district court must pay the agency's legal bills regardless of whether it wins or loses, earning a place among Law360's 2018 Intellectual Property MVPs.
A California federal judge ruled Monday that Emerson Electric was not entitled to view former co-defendant Facebook’s confidential deal to exit data-center manufacturer BladeRoom’s trade secrets suit, rejecting its claims that the $30 million jury verdict against it should be offset by the social media giant’s payments.
Dietary supplement maker ThermoLife International LLC has accused rival American Fitness Wholesalers LLC of unfair competition and false advertising, according to a suit entered in Arizona federal court Monday, alleging the company has been improperly labeling its products as containing "patented creatine nitrate."
A Dutch telecom can’t continue its $1.5 billion suit accusing the Hong Kong subsidiary of a Chinese state-owned asset management company of plotting to steal its satellite designs while similar claims are being arbitrated in Hong Kong, the company has told a California federal judge.
A New Jersey federal judge said Monday that Fish & Richardson's attempt to work around a conflict in its defense of a group of entities being sued by Nasdaq Inc. by limiting the scope of its engagement didn't work.
A New York federal judge on Monday denied cloud-computing company Veeva Systems’ bid to escape a suit alleging it stole proprietary software used in drug-testing trials from competitor Medidata Solutions Inc.
The Patent Trial and Appeal Board has rejected a merchandising company’s challenges to patents covering product display systems, finding a private equity firm should have been named as an interested party in the proceedings.
David Ruschke, a former Patent Trial and Appeal Board chief judge, has hit back against his previous employer Medtronic’s counterclaim that he failed to repay a $250,000 loan it gave him in 2007, which the medical device maker lodged after Ruschke filed suit in California federal court alleging he was fired for being gay.
Ruling against the estate of conservative activist Phyllis Schlafly, the Federal Circuit on Monday said a craft brewery run by her nephew could register the Schlafly surname as a trademark for beer.
Desmarais LLP's founding partner, John Desmarais, successfully shepherded IBM through its first jury trial as a plaintiff in a patent infringement case this summer, securing an $82.5 million verdict for the technology giant over Groupon and earning a spot as one of Law360’s 2018 Intellectual Property MVPs.
The Federal Circuit has refused to reconsider its September ruling that parts of four robotics patents asserted against Invensys Systems Inc. and other automation companies are invalid under the U.S. Supreme Court’s Alice test.
Forward Pharma AS has urged the full Federal Circuit to review a panel decision that prevented it from securing royalties from Biogen MA on the multibillion-dollar multiple sclerosis drug Tecfidera, saying the panel failed to resolve a key claim construction issue in the case.
DLA Piper has brought on a former Goodwin Procter LLP attorney with years of experience in the life sciences field working on licensing and commercial transactions, saying she has joined in northern Virginia as a partner.
Neal Gerber & Eisenberg LLP has hired a former Kirkland & Ellis LLP partner with 10 years of experience in intellectual property litigation as a partner in its Chicago office, the firm has announced.
JUUL Labs Inc. has urged the U.S. International Trade Commission to investigate whether the importation into the United States and the sales of certain electronic cigarette cartridges by two dozen different companies violate federal tariff regulations and should be barred from entry.
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.
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.
The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.