A split Federal Circuit panel on Friday endorsed the U.S. Patent and Trademark Office’s new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of whether it wins or loses.
In this week’s intellectual property partners on the move, Latham & Watkins hires two ex-Kirkland & Ellis pros with experience representing Deutsche Bank, Winston & Strawn bolsters its Silicon Valley office with three attorneys from Fish & Richardson, and Bracewell adds a patent expert who spent 13 years at Andrews Kurth. Here, we offer details on these partners who have landed new jobs.
Boehringer Ingelheim Pharma GmbH & Co. KG and Boehringer Ingelheim International GmbH & Co. on Friday reached an agreement with Humana Inc. in Connecticut federal court to dismiss Humana’s antitrust claims related to the pharmaceutical company’s alleged role in a scheme to block generic alternatives for its stroke-prevention drug Aggrenox.
A former patent examiner who stabbed a DJ leaving an after-hours event at the U.S. Patent and Trademark Office location in Alexandria, Virginia, will serve seven years in prison after previously pleading no contest to a malicious wounding charge.
A conspirator who pled guilty in California federal court to being part of a scheme to peddle fake 5-Hour Energy drinks was sentenced Thursday to six months in prison and ordered to pay $555,801 in restitution to Living Essentials LLC, the drink’s maker.
The Federal Circuit on Friday denied Apple's bid for the court to rehear an April ruling in which it affirmed as invalid most of the claims of a touch-screen patent the technology giant asserted against rival Samsung.
Forest Laboratories LLC on Thursday asked a New York federal court to disqualify Namenda buyers’ expert witness, as he consulted with the drug company for nearly 15 years, including on the patent litigation at the heart of this pay-for-delay proposed class action.
Facebook-owned Oculus is set for a post-trial showdown in Texas federal court Tuesday against video game developer ZeniMax that's been months in the making, as the parties wrestle to come out ahead in the wake of a $500 million trial involving some of Silicon Valley's hottest technology. Here, Law360 highlights five of the contentious issues in the court's hands.
Synopsys has furthered its bid for U.S. Supreme Court review of a decision invalidating the technology company's microchip design patents on the grounds they claimed abstract ideas, saying the Federal Circuit took too narrow of a view in its analysis of the patents' claims.
St. Paul Fire and Marine Insurance Co. and Usenet service provider Giganews Inc. told the Fifth Circuit on Thursday they had settled a battle over coverage of defense costs from copyright litigation.
High-end candy retailer Sugarfina Inc. slapped a competitor with an infringement suit Thursday in California federal court, alleging that Sweet Pete’s LLC has tried to capitalize on its success by copying its innovative packaging and products, confusing consumers in the process.
Chicago-area plaintiffs firm Anderson + Wanca sued one of its former associates in Illinois court, claiming the attorney took confidential client and firm documents with him when he left last year.
Second Circuit Judge Guido Calabresi asked Friday if a Manhattan trial judge should have focused more on the world of online shopping before dismissing millennial women's retailer Joules Ltd.'s trademark suit claiming infringement against Macy's over its “Maison Jules” clothing line.
Gizmo Beverages Inc., which owns the patent rights to a device that stores fresh ingredients inside a nitrogen-pressurized chamber for later use in drinks and other products, has sued its former chairman in California federal court for trademark infringement, cyberpiracy and illegally taking possession of the company’s property.
It has been four years since the U.S. Supreme Court ruled that brand-name drugmakers' payments to generics companies in patent settlements can raise antitrust concerns, but despite calls for clarity on such pay-for-delay deals, it is unclear if the justices will ever revisit the decision. Here is a circuit-by-circuit look at the past year’s key developments in pay-for-delay cases.
Lawmakers are eyeing new legislation to define where patent suits can be filed following the U.S. Supreme Court’s TC Heartland ruling, and the approaches Congress could take range from limiting venue rules even further to giving plaintiffs more options on where to sue, attorneys say.
Leading female intellectual property litigators speaking at a Silicon Valley conference on Wednesday shared hard-won tips on combating gender bias in the courtroom, including how to respond when a frustrated male opponent lashes out with a sexist comment.
A New York City restaurant chain known for its “roadhouse” style atmosphere asked a federal judge Thursday to clear it of trademark infringment accusations by a condiment maker that sells a brand of barbecue sauce under the same name, saying there was no likelihood of confusion between the two.
A Michigan federal judge erred in bringing a quick end to a case in which Viacom faced allegations that promotional merchandise for its “Bubble Guppies” cartoon on Nickelodeon infringed trademarks owned by a children’s clothing company, the clothing company’s owners told the Sixth Circuit on Wednesday.
Belligerent litigants may hurt themselves with profane attacks on opposing counsel, but this rarely translates into ethics liability for their lawyers, say experts, who see long-shot chances for sanctions sought by Fox Rothschild attorneys representing Hallmark against counsel for an allegedly foul-mouthed company president.
A year later, experts say the impact of the U.S. Supreme Court’s Kirtsaeng v. John Wiley ruling on attorneys' fees in copyright cases has been clarity and consistency, not a huge change in the ways courts are ruling.
The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. Here, check out all of our best coverage of the case.
Interestingly, the Federal Circuit’s recent ruling in Helsinn v. Teva squarely contradicts the U.S. Patent and Trademark Office’s position on America Invents Act on-sale bars to sales that are public, say Pranay Pattani and Thomas Kelton of Haynes and Boone LLP.
Three U.S. Supreme Court rulings — Alice, Cuozzo and last week's TC Heartland decision — disfavor patent owners and could combine to slow innovation in the United States, says David Newman, leader of Gould & Ratner LLP's intellectual property practice.
After the U.S. Supreme Court's TC Heartland decision, venue considerations in intellectual property cases are undergoing seismic shifts, but some of them are below the radar. The Northern District of Illinois' new “mandatory initial discovery” program should make the district an even more attractive venue for well-prepared IP owners, says Marc Cooperman of Banner & Witcoff Ltd.
In many obviousness challenges to pharmaceutical patents, patentees have presented evidence of unexpected advantages or properties of claimed inventions in support of nonobviousness. The Federal Circuit initially used such unexpected results to support the nonobviousness but in recent years has refused to give them significant weight, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.
In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.
While Delaware will certainly see its patent docket swell post-TC Heartland, another state that is likely to see an uptick is Georgia. Because the Northern District of Georgia will be new to a number of lawyers, Coby Nixon and Seth Trimble of Taylor English Duma LLP share some tips based on their experience as local and lead counsel on patent infringement matters within the district.
At a time when the U.S. is pulling back on the patentability of software inventions, China is moving in the opposite direction. Recent changes to Chinese guidelines expanded patentability of business method patents and enhanced claiming options for patents covering software inventions, says Elizabeth Chien-Hale of Brinks Gilson & Lione.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
The U.S. Supreme Court's TC Heartland decision this week will likely lead to more patent litigation filings in Delaware, which will lead to more patent litigators following the bedrock principles required of every attorney who practices in the District of Delaware — a level of professionalism we call "The Delaware Way," says Denise Kraft of DLA Piper LLP.
The U.S. Patent and Trademark Office recently released America Invents Act trial statistics through the first half of fiscal year 2017, and one trend is clear: The overall trial institution rates for inter partes reviews, covered business method reviews and post-grant reviews are down, say Kerry Taylor and Nathanael Luman of Knobbe Martens Olson & Bear LLP.