Allergan suffered a major setback when a federal judge invalidated parts of four patents for the dry-eye drug Restasis, but the judge’s concerns about striking a deal with a Native American tribe to shield the patents from review at the Patent Trial and Appeal Board could reverberate beyond the East Texas courtroom.
The Federal Circuit on Tuesday affirmed a Patent Trial and Appeal Board ruling finding certain claims of B/E Aerospace Inc.'s compact aircraft patent invalid as obvious, agreeing with accused infringer C&D Zodiac Inc. in determining that prior art described similarly space-saving designs.
A collegiate sports marketing company on Monday urged an Ohio federal judge to dismiss a former Ohio State University football player’s antitrust suit against it and OSU over banners hung in the school’s football stadium with former football players’ images, saying the player's claims against the company aren't specific enough.
The Federal Circuit on Tuesday declined to revive a former University of Missouri professor’s dismissed lawsuit saying school employees violated his constitutional and federal law patent rights while he worked there, finding his claims were actually a matter of state contract law.
A federal judge in Massachusetts on Monday rejected Covidien’s attempt to halt competitor Ethicon Endo-Surgery’s sales of a surgical device amid a patent dispute.
A panel of Federal Circuit judges on Tuesday pushed back against arguments by Intellectual Ventures that a lower court wrongly invalidated the company’s patent on screening for “errant” computer files like pornography, saying it resembles other patents the court has faulted for covering only abstract ideas.
Live Nation and Ticketmaster asked a California federal judge on Tuesday not to sanction them for failing to produce nearly 4,000 documents during initial discovery in Songkick's suit alleging the companies have a monopoly on ticket sales, saying the human error was an unintentional oversight and reflects a minuscule fraction of the documents it produced without a hitch.
Even if Sea-Doo maker Bombardier manages to upend a nearly $50 million patent infringement ruling against it won by ATV maker Arctic Cat, a Federal Circuit panel indicated in oral arguments Tuesday that the burden of proof used at trial likely means Bombardier cannot get an outright reversal.
The Internal Revenue Service has informed the U.S. Tax Court it intends to seek Ninth Circuit review of a March decision that handed the agency a stinging loss in its challenge to Amazon's valuation of assets transferred to a European subsidiary.
A SolarCity Corp. competitor that sued Elon Musk’s solar power company has agreed to drop its claims in its unfair and unlawful competition suit, the parties told a California federal court on Monday.
The Patent Trial and Appeal Board declined Monday to institute covered business method review of two Securus Technologies Inc. patents covering technology related to prison phone systems, saying it wasn’t convinced the patents were invalid under the U.S. Supreme Court’s Alice decision.
The Pennsylvania Superior Court said Tuesday that Quest Diagnostics was entitled to a protective order in a malpractice suit over a cancer misdiagnosis, concluding that documents detailing its testing procedures that were sought in the litigation qualified as trade secrets.
Philadelphia-based law firm Duane Morris LLP has launched a new office in Austin, Texas, that will be staffed with an intellectual property partner hired away from Norton Rose Fulbright LLP and an energy partner from King & Spalding LLP.
Levi Strauss & Co. is suing preppy apparel brand Vineyard Vines LLC for trademark infringement for copying the small “tab” sewn onto the back pocket of every pair of Levi’s.
Patent holding company AIP Acquisition ran into a combative Federal Circuit panel Tuesday, as it tries to upend the invalidation of network-based voice communications patent claims asserted against Cisco, with the judges challenging the company for not including a key term’s definition in the patent application.
A California federal jury awarded Columbia Sportswear North America Inc. $3.4 million in its patent infringement suit against Seirus Innovative Accessories over the designs of cold-weather gear, invalidating Columbia’s utility patent, but finding Seirus’ products infringe a valid design patent.
A Texas federal judge invalidated claims of four Uniloc USA Inc. patents covering client-server application management as abstract ideas in the prolific patent plaintiff's infringement suit against human resources company ADP LLC.
A group of 11 media organizations asked a California federal judge not to boot them from the courtroom during the upcoming trial in Waymo and Uber’s trade secrets dispute, arguing Monday that much of what Waymo is seeking to protect is already public.
The Supreme Court on Monday declined to hear an appeal by Synopsys, which argued that the Federal Circuit flouted the high court's Alice precedent by holding that its circuit patents are invalid for claiming only abstract ideas, according to an order list issued by the high court.
The U.S. Food and Drug Administration on Monday made its latest moves to boost lower-cost generic drugs by unveiling four new guidances, two of which directly targeted expensive medicines that are tough to replicate.
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.
The goal of many small companies now is to grow to the point of acquisition, instead of or in addition to working to become long-term sustaining businesses. With this change comes a shift in intellectual property advising to drive a startup’s valuation at the fundraising and exit stages, says Justin Nifong, co-founder of NK Patent Law PLLC.
As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.
It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.
Those who are urging a ban on Federal Circuit use of Rule 36 affirmances, claiming the court should provide at least a brief explanation of why it is affirming, fail to appreciate a host of possible negative consequences if the court were barred from using Rule 36, says Matthew Dowd, founder of Dowd PLLC.
With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.
Last week, a divided panel at the Federal Circuit applied an analytical framework in Visual Memory v. Nvidia that appears to be inconsistent with the framework applied in a number of previous Federal Circuit decisions on Section 101 motions at the Rule 12(b)(6) stage, say attorneys with Paul Hastings LLP.
Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.
In Millennium Pharmaceuticals v. Sandoz, the Federal Circuit recently reversed a district court’s holdings of obviousness and inherency regarding a pharmaceutical compound, using hindsight arguments explicitly rejected by the U.S. Supreme Court in its 2007 KSR decision, say Don Mizerk and Rachael Casey of Husch Blackwell LLP.
As TC Heartland drives more patent cases to Delaware, the federal court has two vacant judgeships, out of only four, and the number of patent cases per judge is one of the largest in the country — a caseload expected to grow even larger. With no judicial nominees on the horizon, no relief is in sight, say Karen Keller and David Fry of Shaw Keller LLP.
A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.