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.
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.
Imperium IP Holdings secured a whopping $7 million in attorneys' fees last week in a patent case against Samsung, among the largest of its kind since a U.S. Supreme Court ruling made it easier for winning patent litigants to recover fees. Here, Law360 looks at this and other notable recent fee awards.
The Federal Trade Commission on Wednesday appealed its stinging loss to Shire ViroPharma Inc. in a landmark case that alleges abuse of the U.S. Food and Drug Administration’s citizen petition process to delay competition from generic drugs.
An internet programming host suing Twitter over trademark and breach of contract issues related to streaming of audio and visual content told a California federal judge Tuesday that the social media giant's law firm, Durie Tangri LLP, should be disqualified, arguing that a partner at the firm previously met with the hosting company's principals and obtained significant confidential information.
U.S. Department of Justice antitrust chief Makan Delrahim on Wednesday continued to press his worry that patent holders could be victims of antitrust violations — not just perpetrators as they are often accused of being — but he also tried to quell concerns that his earlier statements on patent issues signaled a big change in federal efforts to combat patent abuses.
The Federal Circuit affirmed Wednesday several Patent Trial and Appeal Board decisions invalidating Smartflash data storage patents challenged by Apple, Samsung and Google, choosing not to take up the licensing company's argument that its patents were not within the scope of the America Invents Act's covered business method review program.
The Federal Circuit on Wednesday upheld a lower court’s decision invalidating eight video and data-related patents asserted against HTC and Amazon after finding that none of the patents in the suit could withstand the U.S. Supreme Court’s standard under Alice.
A payment processing company has told a New Jersey federal judge that its suit seeking a declaration that it didn’t infringe a New Jersey sports memorabilia dealer’s patents wasn’t frivolous and didn’t warrant sanctions given the dealer’s repeated accusations that the payment processor didn’t own the patents.
Britain's Liverpool Football Club launched a trademark infringement suit in Texas federal court Tuesday alleging a Utah-based youth soccer group struck a deal to use the professional team’s crest and other insignia but has since willfully refused to make the required payments.
Apple Inc. urged a California federal judge Wednesday to toss Uniloc USA Inc.’s patent infringement suit and sanction the nonpracticing entity, saying Uniloc pursued the claims knowing Apple's devices don’t use Uniloc’s motion device technology and such "bad cases" should be cut off in their infancy.
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.
In 2011, I used Dr. Seuss’ classic story “The Sneetches” to explain to a group of Stanford students the creation of the inter partes review regime. With the U.S. Supreme Court expected to issue its Oil States ruling any day, it is an ideal time to revisit the Sneetches analogy, says Travis Jensen of Orrick Herrington & Sutcliffe LLP.
Three Federal Circuit decisions on subject matter eligibility conflict with U.S. Patent and Trademark Office guidance. A recently filed petition for rehearing en banc, if granted, may afford the full court an opportunity to clarify the role of factual evidence in eligibility determinations, say Daniel Venglarik and Neil Ferrari of Munck Wilson Mandala LLP.
Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.
Many of the most discussed provisions in the Tax Cuts and Jobs Act have particular significance for the technology industry, affecting companies’ choices about entity classification, where they do business and hold assets, and the manner in which they receive or make investments. Michele Alexander and Ryan Davis of Bracewell LLP discuss the options.
Following the U.S. Supreme Court's decision in TC Heartland, district courts are increasingly turning to the Federal Circuit’s 2005 opinion in NTP v. Research in Motion for insight on the “commitment” prong of the venue statute. This yields some guidelines for practitioners, but falls short of providing absolute clarity, say Ben Quarmby and Sara Margolis of MoloLamken LLP.
Practitioners who are well versed in the phases of the U.S. Patent and Trademark Office's First Action Interview pilot program — including enrollment, pre-interview considerations, and various outcomes following the interview — can fully leverage its advantages on behalf of clients, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.
What is perhaps more interesting than the number of blockchain-related patent filings, or their subject matter, is the number of assignees for these patents, says Nelson Rosario of Marshall Gerstein & Borun LLP.
It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at LegalZoom.com Inc.
Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.
The recent ruling in Bridgestone Licensing Services v. Republic of Panama by an ICSID tribunal has implications for owners and licensees of IP rights, particularly with respect to the protections they can expect for their trademarks under investment treaties, according to attorneys with Cleary Gottlieb Steen & Hamilton LLP.