Proposed legislation by one of the architects of the Hatch-Waxman Act to require generics makers to choose between challenging drug patents under that law or through inter partes reviews would effectively bar generics from using America Invents Act proceedings, attorneys say.
Venable LLP has added a former K&L Gates LLP partner with over 20 years of experience litigating and counseling on copyright, trademark and patent matters to its intellectual property transactions practice, the firm announced.
Record producer DJ Khaled has accused an online retailer of illegally using his infant son’s name for apparel, claiming in a trademark suit that the merchant even tried to prevent him from sealing a deal with Nike.
The Federal Circuit on Wednesday left intact a ruling from U.S. District Judge Rodney Gilstrap that air mattress manufacturers including Coleman Co. that intervened in a patent infringement case had waived their right to challenge venue in the Eastern District of Texas.
A New York City real estate developer who demolished the famed graffiti space 5Pointz won't get a new trial, after a federal judge Wednesday issued a scathing opinion that blasted the owner for lying in court and other “egregious behavior.”
The Patent Trial and Appeal Board on Wednesday shot down the last of eight related requests filed by a nonprofit group focused on drug competition to review Gilead Pharmasset LLC's patents covering its series of blockbuster hepatitis C medications.
The Patent Trial and Appeal Board on Tuesday invalidated parts of three Bedgear LLC patents covering so-called performance pillows that are at the center of an infringement suit against a rival bedding company.
The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board’s decision to invalidate several claims from a patent covering an Allure Energy Inc. smart thermometer that adjusts its settings based on the preferences of individuals in the room.
The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision that rejected challenges to three Transocean patents covering offshore drilling technology, an invention the PTAB said “moved the industry.”
Apple Inc. can’t make an early escape from a suit alleging that several models of its iPhone infringe three patents related to silence and ignore features, a Delaware federal judge ruled Tuesday, rejecting the technology giant’s contention that the patents — once held by Sony, Nokia and others — were invalid under Alice.
Greenberg Traurig LLP has snapped up a veteran patent litigator from Fried Frank Harris Shriver & Jacobson LLP to chair the firm's International Trade Commission practice.
A photo syndication company asserting copyright protections over racy pictures of first lady Melania Trump from her early modeling career urged a Florida federal court on Tuesday to keep the lawsuit alive, saying that it is the owner of the copyrighted works at issue.
Ford Motor Co. asked the Sixth Circuit on Tuesday to reject a bid by a former patent lawyer for the company to revive her claims that the automaker was conspiring to stop her from finding another job, saying that her “unfitness as an employee” — not a conspiracy — is at the root of her troubles.
The California federal judge overseeing a patent trial between Kenu Inc. and Belkin International eased up Wednesday on Belkin’s litigation services company, which he’d previously threatened with criminal fraud charges, saying new information showed the General Services Administration was mostly to blame for a breach of courthouse security protocols.
A California federal magistrate judge has denied Google LLC’s attempts to force Space Data Corp. to hand over documents allegedly detailing its discussion of litigation funding as part of a suit accusing the tech giant of stealing balloon-based internet technology.
AWC Frac Valves Inc., a company based in Conroe, Texas, that makes equipment used in hydraulic fracturing operations, has filed a lawsuit in state district court in Houston against a former manager, alleging that he went to work for a competitor and violated an employment agreement by soliciting an AWC employee.
Seattle-based Cairncross & Hempelmann PS has added three associates to its construction litigation, intellectual property and technology, and real estate practices, the firm said Tuesday.
The UK’s top appeals court ruled Wednesday that luxury brands like Cartier, and not internet service providers, must foot the bill for blocking access to counterfeit websites.
A trio of college athletes have argued that daily fantasy sports operators DraftKings and FanDuel are wrongly relying on a precedent that allows fantasy sports to use the statistical information from games to try to escape a proposed publicity rights class action that has landed before the Indiana Supreme Court.
The heirs of comedy duo Abbott and Costello will have to pay attorneys’ fees to the makers of a Broadway play that used the famous “Who’s on First?” routine, a New York federal judge ruled Tuesday, adopting a report that found the heirs had been unreasonable to bring the case.
U.S. Patent and Trademark Office Director Andrei Iancu said in a speech Monday at a conference in San Francisco that recent case law on patent eligibility has made it “extremely difficult” for anyone to tell what can and cannot be patented, and that “it is incumbent upon all of us to find a clearer path.”
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.
A year ago, the U.S. Supreme Court upended long-standing practice when it held that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute. The TC Heartland decision created many questions that courts have been grappling with ever since, says Manuel Velez of Mayer Brown LLP.
The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.
At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.
The Federal Circuit's May 16 decision in Praxair v. Mallinckrodt calls attention to the printed matter doctrine as an additional means for attacking diagnostic method and personalized medicine claims, already under siege from Section 101 subject matter eligibility challenges, says Paul Zagar of Leason Ellis LLP.
Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.
The recent District of Kansas decision in Energy Intelligence Group v. CHS McPherson Refinery highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple copyrighted expressions are at issue, say Amy Fitts and Benton Keatley of Polsinelli PC.
President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.
Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.