The U.S. Supreme Court's decision to strike down the federal government's ban on offensive trademark registrations in a case involving rock band The Slants highlights just how little the provision fit into the overall confusion-preventing goals of the Lanham Act — and probably doomed similar rules, experts say.
A California federal judge tentatively ruled Tuesday that Dan Aykroyd's Crystal Head Vodka company is entitled to a U.S. sales ban and $870,000 in disgorged profits from a spirits rival that knocked off its iconic bottle — short of the worldwide ban and $13 million the company requested.
Consulting company Applications in Internet Time has urged the Federal Circuit to reverse three Patent Trial and Appeal Board rulings invalidating two of its regulatory monitoring patents, saying the board erred in allowing a patent aggregator to petition for review as a proxy for a different company accused of infringing the patents.
A California-based information technology company asked a federal court Monday to compel a Pakistani company to arbitrate a trade secrets dispute stemming from the parties’ customer service contract, arguing the company is trying to dodge the contract’s terms by launching a related $64 million suit in its home country.
The Patent Trial and Appeal Board rightly rejected claims as unpatentable in two drug patent applications covering painkillers, the Federal Circuit affirmed Tuesday, finding Purdue Pharma’s patents lacked written descriptions.
Louis Vuitton Malletier SA is pushing back on demands that it pay $800,000 in attorneys' fees after unsuccessfully suing a small company over parody bags, saying it’s “simply incorrect” to compare the fashion house to a patent troll.
A witness who later admitted he’d lied under oath as part of a $25 million trade secrets trial against a medical device manufacturer in the Eastern District of Texas was sentenced Tuesday to 15 months in federal prison for perjury.
Two plaintiffs' attorneys on Tuesday escaped a Pennsylvania federal court trade secrets suit in which insurer Geico alleged they obtained confidential information during a putative class action and tried to use it to get an advantage in a similar suit against Geico rival United Services Automobile Association.
A personal injury attorney in Amarillo, Texas, sued a Denver law firm in Texas federal court on Tuesday, claiming the Colorado practice is attempting to prevent him from using the term “The Strong Arm” in advertisements, a term both have long used to promote their brands and for which the Denver office recently registered a trademark.
The Federal Circuit found Tuesday that parts of two Navico Inc. patents related to downscan sonar technology were invalid, upending a U.S. International Trade Commission order that barred the import and sale of certain Garmin International Inc. sonar products.
The Federal Circuit on Tuesday affirmed a Delaware federal judge’s awarding of $2 million in attorneys’ fees and costs to Jaguar following the “exceptional” conduct of a technology company in a case where it asserted that the automaker had infringed its patent covering vehicle computing systems.
The U.S. Food and Drug Administration has rejected Coherus BioSciences Inc.’s Neulasta biosimilar, the company said, leading to a stock plunge of more than 20 percent.
After a rare panel rehearing, the Eighth Circuit on Tuesday again ruled that administrators at Iowa State University violated the First Amendment when they refused to let pro-marijuana students use the school’s trademarks.
South Africa’s Competition Commission has launched an investigation into Roche, Pfizer and Aspen over suspicions that the pharmaceutical companies have set prices for cancer drugs at excessive levels and in some cases have engaged in patent abuse, the watchdog said Tuesday.
The nation’s most influential business and trade associations implored the White House on Monday to take a measured approach in renegotiating the North American Free Trade Agreement and not toss some of the agreement’s most valuable provisions overboard, including its chapters on government procurement and intellectual property.
Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.
The U.S. Supreme Court delivered a smashing win for the youthful biosimilars industry by swatting away efforts to delay the lower-cost medicines, and its ruling teed up new battles for lower courts and maybe even Congress, attorneys say. Here are six key takeaways from Monday's ruling.
A Federal Circuit panel affirmed a Delaware judge’s determination that he could not convene a retrial past court deadlines after a jury reached a mistaken verdict that a company founded by two former EMC Corp. employees infringed its data protection patents, according to a one-line order issued Monday without an opinion.
The case of whether monkeys can hold copyrights got more bananas Friday, as PETA and the photographer who allegedly infringed a monkey's IP rights argued over whether a former PETA primatologist's arrest for allegedly harassing the organization's general counsel shows the group is unfit to represent the monkey.
Fox Rothschild LLP attorneys told a New York federal court Monday that the president of greeting card company Dickens hurled vulgar and sexual remarks at them as they were representing Hallmark in a deposition during trademark litigation, saying the executive called them dogs and peppered his answers with language "too coarse for a professional sporting event."
The Federal Circuit on Monday upheld the U.S. Patent and Trademark Office’s reciprocal discipline of a St. Louis-area attorney suspended for improperly contacting a man involved in a legal dispute with a residential care facility he owned.
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.
Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.
Following the abrogation of Form 18 in December 2015, what does it mean to state a claim of direct patent infringement? Eric Kaviar of Burns & Levinson LLP recently reviewed all of the substantive district court opinions grappling with this question. Here's what he found.
In denying a motion to dismiss in Artifex Software v. Hancom last month, the California federal court held that the copyright infringement and breach of contract claims may proceed on the theories enunciated by Artifex, not necessarily that they will succeed. Still, the case represents a significant step forward for open-source plaintiffs, say attorneys with O’Melveny & Myers LLP.
The current standard embraced by virtually all Uniform Domain Name Dispute Resolution Policy cases — that the claimant must show commercial use of her personal name to succeed — is simply too stringent. It should be expanded to protect prominent persons who do not market products or services in their own names, say Roberta Horton and Michael Kientzle of Arnold & Porter Kaye Scholer LLP.
Biologic manufacturers should be made aware that the scope of patent rights for large-molecule drugs under an extended term is at best unclear, given that the statutory language developed under Hatch-Waxman must now be overlaid onto the Biologics Price Competition and Innovation Act, say Terry Mahn and Gina Nellesen of Fish & Richardson PC.
The U.S. Supreme Court's recent decision in Life Technologies v. Promega states that "a single component does not constitute a substantial portion of the components" under Section 271(f)(1). However, it does not state what constitutes such a component, which offers an opportunity to survive a 271(f)(1) challenge, says patent attorney Junqi Hang.
The Uniform Domain Name Dispute Resolution Policy frequently provides a welcome remedy for trademark owners who fall victim to cybersquatters. But when a well-known individual's name is targeted, the UDRP generally affords protection only to those who can show that they have reaped commercial success through use of their names, say Roberta Horton and Michael Kientzle of Arnold & Porter Kaye Scholer LLP.
Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.
Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.
Patent applicants seeking review of examiners’ claim rejections can leverage the correlation between art unit allowance rates and appeal cycle allowance prospects to inform appeal entry decisions, say Sameer Vadera and Kate Gaudry of Kilpatrick Townsend & Stockton LLP.