The nearly $1 billion won by VirnetX in patent trials against Apple Inc. exists under a cloud since the Patent Trial and Appeal Board has found the patents invalid. With appeals pending from the board's decisions and one of the trials, here's a look at VirnetX's arguments that the patents shouldn't have been reviewed, and Apple's efforts to flip the verdict.
Hulu LLC can't slip out of an infringement suit over a handful of data organization patents, a California federal judge has found, citing the Federal Circuit's recent Berkheimer ruling to explain that it was too early to tell whether the asserted claims were patent-eligible.
Inventors are less likely to get their patents approved when they have “common” female names, according to a recent study by the Yale School of Management.
In this monthly series, legal recruiting experts at Major Lindsey & Africa interview law firm management about navigating an increasingly competitive business environment. Here we feature Gillian Ward, chief marketing officer at Baker Botts LLP.
A pair of senators on Friday called on U.S. Trade Representative Robert Lighthizer to ensure that U.S. trade agreements, and particularly the North American Free Trade Agreement currently being renegotiated, include strong copyright provisions that protect American innovation.
A production company urged the Ninth Circuit Friday to overturn an award of $319,000 in attorneys' fees and costs after actress Elizabeth Banks fought off the company’s copyright infringement suit over the 2014 comedy “Walk of Shame,” arguing that the order will effectively “bar the courthouse door” to all but a few well-heeled copyright plaintiffs.
An Illinois federal judge Thursday handed Wrigley's a quick win in its trademark suit against a no-show e-cigarette company that it claimed marketed flavors exploiting the Starburst and Skittles names, saying the Lanham Act violations of Get Wrecked Juices LLC were “willful, intentional and deliberate.”
Celgene Corp. on Thursday tried to block Dr. Reddy's Laboratories Ltd. from making and selling a generic version of its blockbuster chemotherapy drug Revlimid, accusing the Indian drugmaker in New Jersey federal court of infringing five patents.
Nearly a year after the U.S. Supreme Court struck down the Lanham Act's ban on “disparaging" trademarks, the Federal Circuit on Thursday left in place a ruling that the statute’s bar on “scandalous” material is also unconstitutional.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Rutgers University says Pat Robertson's Regent University will confuse people with a new "R" logo, Mastercard defends its iconic interlocking circles, and Red Bull calls bull on a rival drinkmaker's logo.
Former Olympic figure skater Oksana Baiul’s counsel asked the Ninth Circuit during a Thursday hearing to revive her suit seeking $10 million in royalty payments from NBC for the 1994 television special “Nutcracker on Ice,” arguing the case should have been sent back to state court, not dismissed.
The full Federal Circuit on Thursday declined to take up Ariosa Diagnostics Inc.’s request for a rehearing of a decision that upheld a Patent Trial and Appeal Board decision that terminated three patent re-examinations after finding the requests duplicated other failed attempts.
U.S. Patent and Trademark Office Director Andrei Iancu put the agency on a new course toward stronger patents with a speech Wednesday pledging to make the patent system more predictable, a move praised by experts who said he appears set to reshape patent examinations and review proceedings.
A new trademark case filed by Levi Strauss & Co. against a French designer over "tabs" sewn onto jeans is hardly the company’s first: Levi’s has spent the past 30 years using the Lanham Act to sue rival companies over tabs, stitching and other design features.
Massachusetts-based Blackbird Technologies announced Wednesday it has reached a settlement with Capital One Financial Corp. to end claims that the bank’s methods of alerting customers to potential fraud through email and text messages infringe on three patents.
The Federal Circuit on Thursday affirmed a set of Patent Trial and Appeal Board decisions trimming two of Luitpold Pharmaceuticals Inc.’s iron patents, shooting down the Daiichi Sankyo Co. company’s push for relief.
The Federal Circuit on Wednesday upheld lower court rulings that cleared Canon Inc. of infringing flash memory card reader patents and required the companies that filed the lawsuit to pay nearly $1.8 million in Canon's attorneys' fees.
A California federal judge on Thursday granted a partial win to Toyo Tire on its breach of contract and trade dress infringement claims against two Chinese tire companies, saying the conclusion of a 2014 suit between the parties left no question that a contract enjoined the companies from using Toyo’s trade dress.
One day after finding Apple Inc. infringed VirnetX network security patents, a jury in the Eastern District of Texas on Wednesday found the infringement was willful, a decision that has the potential to put the iPhone maker on the hook for more than $1.5 billion in damages after an initial award of over $502 million.
A Silicon Valley technology transactions and intellectual property specialist has taken his practice back to New York after more than 20 years at Wilson Sonsini Goodrich & Rosati PC, joining Wachtell Lipton Rosen & Katz in a rare lateral move for the firm.
Booking.com is pushing for an unusual fast-track appeal to the en banc Fourth Circuit after it was ordered to pay the U.S. Patent and Trademark Office a whopping $76,000 in attorneys’ fees even after winning a case.
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.
To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.
As illustrated by the Federal Circuit's recent decision in Exergen v. Kaz, not every diagnosis patent is invalid for being directed to a law of nature. An analysis of the majority and dissenting opinions, as well as the way the claims at issue were worded, will hopefully shed light on the types of claims that will survive eligibility challenges, says Matthew Siegal of Dilworth & Barrese LLP.
In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise. What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.
The new director of the U.S. Patent and Trademark Office has voiced openness to Patent Trial and Appeal Board reform, while the PTAB faces increased scrutiny from the Federal Circuit, intellectual property law associations, technology companies and Congress, as well as prospective admonishments from the U.S. Supreme Court in its forthcoming Oil States and SAS decisions, say Kevin Greenleaf and Scott Cummings of Dentons.
One piece of “bad” evidence can sink a client at trial. This article addresses some of the bad evidence that we — Uber’s counsel — encountered in the Waymo v. Uber trade secrets battle and explains how that evidence was neutralized in front of the court and at trial, say Arturo González and Esther Kim Chang of Morrison & Foerster LLP.
Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.
For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.
With three decisions last month, the ethereal world of patent subject matter eligibility is getting even murkier. As jurists and practitioners try to work through the confusion created by the U.S. Supreme Court's untenable Alice test, the U.S. patent community is suffering, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner for patents.
The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.
This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.