The Federal Circuit ruled Monday that the Patent Trial and Appeal Board incorrectly invalidated a Synopsys Inc. circuit patent, reversing a decision favoring ATopTech Inc., which recently filed for bankruptcy after being ordered to pay $30 million for infringing Synopsys’ copyrights.
Major patent-licensing company WiLAN Inc. has announced that it will shift its focus away from monetizing patents and toward acquiring internet of things businesses, saying "significant changes" in the patent environment mean that it cannot meet its financial goals through licensing alone.
An attorney for Paul McCartney on Wednesday told a Manhattan federal judge that a Sony Corp. unit is holding the prospect of a breach of contract suit in the U.K. as leverage over the Beatles musician, who is seeking court protection if he claws back copyrights Sony’s predecessors acquired 50 years ago.
The U.S. Patent and Trademark Office will reopen a probe into the validity of two patents held by the parent company of the popular braces alternative Invisalign following a Patent Trial and Appeal Board ruling nixing another Invisalign patent, according to recent filings.
A Second Circuit judge hearing the appeal of a $3.5 million summary judgment in favor of New York University in a breach of contract dispute between the school and drugmaker Galderma Laboratories Inc. told the parties Wednesday that U.S. District Judge Alvin K. Hellerstein made a “crystal clear mistake” of New York law in deciding the case.
The Federal Circuit on Wednesday upheld a victory for Volkswagen, Nissan and other major automakers, ruling that dozens of claims of seven computer display patents that patent licensing company West View Research LLC accused them of infringing are invalid as abstract.
CVS Health Corp. on Tuesday urged a federal judge to toss part of a suit alleging its heart-shaped logo dilutes the trademark held by a health app maker, arguing against a Ninth Circuit ruling that would support keeping the claim alive.
The Sixth Circuit on Wednesday affirmed a ruling in favor of horse racing venue Kentucky Downs and gambling technology company Exacta Systems LLC in a lawsuit by a group of racetrack owners, saying the use of their track names in a video-based gambling system does not constitute trademark infringement.
Sonos Inc. has trimmed some claims from its patent fight with rival audio equipment maker D&M Holdings Inc., as a Delaware federal judge ruled Tuesday that two D&M patents were invalid under the U.S. Supreme Court’s Alice standard.
A Colorado federal judge has nixed antitrust claims in footwear maker U.S.A. Dawgs Inc.’s suit alleging that rival Crocs Inc. fraudulently obtained patents and filed sham lawsuits to dominate the market for molded clogs, but he has kept alive allegations that Crocs’ ads are misleading.
The Patent Trial and Appeal Board said Tuesday it would not institute inter partes review of a computer network patent that Uniloc USA Inc. has accused numerous companies of infringing, rejecting a challenge from defensive patent group Unified Patents Inc.
Rutgers University’s lawsuit accusing BioArray Solutions Ltd. of fraud and breaching a chemical patent license agreement is now back in state court following a federal court judge’s finding that the case doesn’t lodge any federal claims.
A Texas appellate court on Tuesday affirmed a trial judge’s decision to wipe out a jury’s $900,000 damages award to a life settlement firm in a trade secrets dispute with one of its former sales representatives, holding the firm didn’t show evidence establishing its damages.
The Third Circuit established Tuesday that a multifactor test laid out in a popular legal treatise should be used to resolve trademark disputes between manufacturers and distributors, but it said that test yielded the same outcome in a fight over reflective insulation as the incorrectly applied “first use” test.
Shire ViroPharma Inc. has sued CSL Behring LLC in Delaware federal court, alleging on the same day Shire received patent protection for a genetic disorder treatment that CSL’s upcoming drug to treat the same condition will infringe its new patent.
A patent infringement battle over a seamless, stretchy bra design began in North Carolina federal court Tuesday when Hanes said a licensee of Jockey knowingly and willingly copied its patented design and asked the court to prevent further infringement.
Attorneys for the artist Richard Prince asked a New York federal judge Tuesday to dismiss a copyright infringement suit based on photos he pulled from Instagram, saying his “appropriation art” was transformative and therefore permissible fair use, thanks to a previous, similar copyright suit where he prevailed.
A company accused of infringing a patent for a snowplow mount may only appeal defenses included in an inter partes review petition that the Patent Trial and Appeal Board previously chose to sidestep, a Wisconsin federal court held on Tuesday.
Broadband iTV has asked the U.S. Supreme Court to find that its patent covering video-on-demand technology is not invalid under Alice, arguing that the Federal Circuit is failing to address lower court splits on how to apply the landmark ruling.
The Citizens for Responsibility and Ethics in Washington doubled down on its emoluments clause case against President Donald Trump on Tuesday, filing a new complaint citing Trump’s recently received trademarks from the Chinese government and adding new plaintiffs with concerns over foreign visitors to Trump’s Washington, D.C., hotel.
The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision invalidating part of an Intellectual Ventures Management LLC wireless patent challenged by Ericsson Inc., rejecting the patent licensing company’s argument that the board’s approach to finding the claims obvious was improper.
The Copyright Clause demonstrates that the Constitution is a living document. Both Congress and the U.S. Supreme Court have understood that its application extends well beyond anything the framers could have conceived in 1787. Imagine if you had asked a framer whether the fanciful design on a cheerleader uniform was a “writing,” says Andrew Stroud of Hanson Bridgett LLP.
Due to two recent Patent Trial and Appeal Board decisions involving Trading Technologies, the Federal Circuit may soon need to weigh in on whether the PTAB or a district court can find a patent invalid for ineligible subject matter when a different court has already found the same patent contains patent-eligible subject matter, says Jason Keener, chairman of Fox Swibel Levin & Carroll LLP's intellectual property group.
It is refreshing to encounter a copyright decision that does not contain the terms “fair use” or “Digital Millennium Copyright Act,” and to think about the actual intellectual property that copyright is supposed to protect. Does copyright extend to an artistically crafted pipe, or only a picture of the pipe? Last week, the U.S. Supreme Court gave us just such an opportunity, says Jacqueline Charlesworth, of counsel at Covington & B... (continued)
On Monday, the U.S. Supreme Court will hear oral arguments in TC Heartland, a case that could affect where innovator pharmaceutical companies file patent infringement actions brought pursuant to the Hatch-Waxman Act. We recommend some best practices for branded pharmaceutical companies to employ both before and after the decision is issued, say Colleen Tracy James and Manuel Velez of Mayer Brown LLP.
Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.
Following the U.S. Supreme Court's decision Tuesday in SCA Hygiene v. First Quality, laches is no longer a defense to a claim for past damages in patent cases. However, at least some penumbra of laches remains available, says Jerry Selinger of Patterson & Sheridan LLP.
The U.S. Supreme Court is likely to hold that the patent exhaustion doctrine bars patent owners from using patent law to enforce post-sale restrictions. While this ruling would have consequences, the concerns raised by Lexmark and amici may be somewhat overblown. The briefing and Tuesday's oral arguments were long on policy but short on concrete examples, say Charlie Steenburg and Ethan Marks of Wolf Greenfield & Sacks PC.
Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.
Petitioners are struggling to challenge design patents at the Patent Trial and Appeal Board, particularly at the institution stage. Overall, if noninstitution is taken into account, only 22 percent of design patent challenges have proven successful. The statistics reflect positively on the quality of original examination, say Tracy-Gene Durkin and Pauline Pelletier of Sterne Kessler Goldstein & Fox PLLC.
Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.