The Federal Circuit’s decision Monday rejecting the University of California’s efforts to secure control over patents on the breakthrough gene-editing system CRISPR in a fight with the Broad Institute leaves an unsettled patent landscape for the technology that could spur the parties to strike a deal, attorneys say.
Intellectual property groups and inventors pressed the U.S. Patent and Trademark Office at a hearing Thursday for more information about why it is planning to raise many of its patent fees and what the money will be used for, arguing that several proposals seem excessive.
The Federal Circuit on Thursday upheld a New Jersey federal judge’s decision finding that Supernus Pharmaceuticals Inc. patents related to its anti-epilepsy drug are valid and infringed by generics maker TWi Pharmaceuticals Inc., saying that the court did not improperly give a related case preclusive effect.
The Federal Circuit on Thursday affirmed a Delaware federal court’s determination that Lululemon did not infringe the asserted claims of a patent covering a sports bra, based in part on how the lower court construed a term for how to adhere materials.
The Second Circuit ruled Thursday that a Long Island pool products company couldn’t claim exclusive trade dress rights to a large inflatable swan, calling the effort “impermissibly overbroad.”
The founder of a Chicago intellectual property firm asked an Illinois state court judge on Tuesday to throw out a defamation suit filed by a former partner, saying the comments the firm made to its clients about the partner after terminating him are true.
Los Angeles recording studio the Village Recorder lodged a trademark suit against a Louisiana-based studio called Village Studios on Wednesday, claiming Village Studios is piggybacking on the goodwill of the more famous studio.
Patent owners in two cases have recently urged courts to rule that the way Patent Trial and Appeal Board judges are appointed violates the U.S. Constitution. Here's a breakdown of the theory behind this effort to curtail the board's authority, and how it could shake up patent law.
A California judge on Wednesday dismissed the bulk of a screenwriter’s suit alleging Disney’s “Zootopia” ripped off ideas he pitched to the studio, following the dismissal of a similar federal suit, saying that only the movie’s title itself bears similarities to the writer’s unproduced treatment.
Facebook Inc. accused BlackBerry Ltd.’s devices of infringing patents related to instant messaging, GPS systems, computer security and other functions in a lawsuit filed Tuesday in California federal court, turning the tables on BlackBerry after it accused Facebook of infringement earlier this year.
An inventor urged a Federal Circuit panel in oral arguments Wednesday to again upend a Patent Trial and Appeal Board decision invalidating payment system patents asserted against, and challenged by, MasterCard, arguing the PTAB wrongly read the technology for multiple transactions as anticipated by prior art on “single use.”
The Patent Trial and Appeal Board declined Wednesday to review an iRobot Corp. patent covering an obstacle detection system for a robot, citing an earlier challenge to the patent, while one judge advocated for adding another factor to the board’s analysis of serial petitions.
Frontier Communications Corp. on Wednesday urged an Eastern District of Texas judge to rule in its favor in a $210 million patent suit filed by “serial litigant” Blue Spike, saying that the data-patent holder failed to do its due diligence by suing the wrong entity and making more than 140 pages of boilerplate accusations.
InvestPic LLC urged the full Federal Circuit on Tuesday to review a panel's decision that the company’s patented software product, which was asserted against SAP America Inc., is too abstract, arguing that the panel had misapplied a test to determine patent eligibility and imposed incorrect requirements on the invention.
A California federal judge on Wednesday refused to overturn a ruling that barred retired NFL players from collectively suing Electronic Arts Inc. over "Madden" video games, at one point citing the fact that a giant defensive lineman would be much easier to identify than players of average height.
The publisher of Wine Spectator magazine has sued a "copycat" rating site called "Weed Spectator" for trademark infringement in New York federal court, saying it doesn’t want to be associated with “a drug that cannot legally be consumed recreationally in 42 states.”
The Patent Trial and Appeal Board said Wednesday it would move ahead with review of all claims in a Dartmouth College patent related to vitamin supplements, despite the college’s objection that the board created a “completely different review” following the Supreme Court’s ruling in SAS Institute.
A New Jersey federal judge on Wednesday tossed a technology company's complaint against an Illinois law firm over nearly $270,000 in legal fees incurred in underlying patent litigation, ruling that the law firm has no ties with the Garden State.
Goodwin Procter LLP has added an intellectual property trial attorney in California from Vinson & Elkins LLP who specializes in patent litigation in the technology, software and life sciences industries and has represented Suprema Inc., Napster Inc. and the NFL.
Fairchild Semiconductor urged the full Federal Circuit on Tuesday to reject Power Integrations' petition for a rehearing of a panel decision that vacated a $140 million damages award over the infringement of two Power Integrations chip patents, saying the court "correctly applied well-established law."
Morgan Lewis & Bockius LLP's Kathleen Sanzo, leader of the firm's U.S. Food and Drug Administration practice, tells Law360 she's tracking food safety challenges, surging litigation against dietary supplement companies, new FDA policies on personalized-medicine devices and the agency's efforts to boost generic drugs. This is the latest in a series of interviews with FDA practice leaders.
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.
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.
Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.
I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.
Lawyers have been speculating about the implications of the U.S. Supreme Court's decision in WesternGeco, particularly with respect to foreign lost profit damages for infringement. Less discussed, though, is the potential for a rise in induced-infringement cases against foreign suppliers, says Jenny Colgate of Rothwell Figg Ernst & Manbeck PC.
When a government incorporates a copyrighted work into law, what happens to the copyright? Last month, in American Society for Testing & Materials v. Public.Resource.Org, the D.C. Circuit sidestepped the copyrightability arguments and did not mention another issue lurking beneath the surface of this type of case — the takings clause, say Matthew Zorn and Shane Pennington of Yetter Coleman LLP.
Although the Federal Circuit's decision last month in Power Integrations v. Fairchild appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure, say Eric Phillips of VLF Consulting Inc. and Amol Parikh of McDermott Will & Emery LLP.
A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.
While the U.S. Supreme Court held that any inter partes review final written decision must decide the patentability of all claims challenged in the petition, it left open the question of whether the decision must address all grounds raised in the petition. The Federal Circuit recently provided an answer in Adidas v. Nike, say Michael Fleming and James Milkey of Irell & Manella LLP.
Recent reforms in America's patent system have nurtured a remarkable burst of American innovation. Despite this, legislation has been filed in Congress that would effectively repeal the America Invents Act and overturn a number of U.S. Supreme Court decisions, says John Thorne of the High Tech Inventors Alliance.
In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.
Frederick Millett and Robert Schwartz of Fitzpatrick Cella Harper & Scinto reviewed 107 biologic drug inter partes review petitions to see how the U.S. Supreme Court's SAS decision and the Patent Trial and Appeal Board's precedential General Plastic decision are likely to affect biologics IPRs.