The District of Delaware's chief judge recently held in two rulings that companies must have permanent ties to the state to face patent suits there following the U.S. Supreme Court's TC Heartland ruling, and his analysis could keep many generic-drug cases in his court. Here's what attorneys can learn from the decisions.
The Patent Trial and Appeal Board on Thursday rejected MasterCard International Inc.’s bid to invalidate two patents for card activation technology, finding a lawsuit over a license agreement MasterCard allegedly breached didn’t give it standing to challenge the patents in covered business method review.
An Indiana licensing management company asked a Florida federal judge Wednesday to stay discovery in a “predatory action” by a Florida company alleging infringement of marketing rights for the likeness of baseball legend Honus Wagner until she rules on its upcoming motion to dismiss or transfer the case.
A U.K. litigation funder has reached an agreement with Chicago-based patent litigator Niro Law Ltd. to end a suit accusing the firm of refusing to hand over a cut of its attorneys’ fees to repay millions of dollars in loans.
An Illinois-based maker of software designed to let car enthusiasts and repair shops tune vehicle computers went after a rival in Washington federal court Wednesday for allegedly hacking into the company's systems and making off with trade secrets.
The Federal Circuit on Thursday ruled that Eastern District of Texas Judge Rodney Gilstrap abused his discretion by refusing to transfer a patent suit against Cray Inc. to another court, holding that venue rules the judge has established are not in line with patent law.
A California federal judge declined to rule on Thursday on a bid by attorneys to withdraw from representing Jawbone in Fitbit Inc.’s patent infringement suit against the rival wearable fitness device maker, expressing concerns that if he grants the unopposed request, Jawbone will be unrepresented, which could disrupt the litigation.
The Third Circuit on Wednesday turned down requests by buyers of Wellbutrin XL to redo its August decision upholding a win for GlaxoSmithKline PLC in litigation accusing the company of delaying generic competition for the antidepressant.
Japanese drugmaker Kowa Co. Ltd. won a patent infringement trial against Amneal and Apotex on Wednesday when a New York federal judge delivered the verdict that Kowa’s patent for the statin Livalo was valid and that the defendants were not able to show it was anticipated or obvious.
Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.
Massachusetts' highest court has agreed to review a lower court's ruling that a pair of insurers can't recoup sums they paid to defend Vibram USA Inc. against a suit alleging the company unlawfully obtained a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila in a case that raises multiple issues of first impression under state law.
Trade associations from the entertainment, art, medical and technology industries announced a new partnership Tuesday with a mission to advance creativity and innovation while facing the challenge of enforcing their intellectual property internationally.
The Federal Circuit on Wednesday reversed a Patent Trial and Appeal Board ruling that NFC Technology failed to show the inventor of a near-field communication device had created a prototype that rendered a patent obvious, saying the decision lacked substantial evidence.
A Delaware federal judge on Wednesday denied W.L. Gore & Associates Inc.’s bid to toss a jury’s finding that Gore’s patent relating to a stent device, which Gore had unsuccessfully alleged was infringed by C.R. Bard Inc., is invalid over prior art.
After telling Congress in July that the patent system is in “crisis mode,” former Federal Circuit Chief Judge Paul Michel has offered lawmakers numerous ideas on how to respond. From overhauling America Invents Act reviews to better defining eligibility rules, here’s a look at the judge’s legislative proposals.
In-house lawyers at Netflix won the company praise this week with a charming cease-and-desist letter they sent to an unauthorized “Stranger Things”-themed pop-up bar, reminding trademark attorneys everywhere that doom-and-gloom boilerplate isn’t always the right approach.
Amid revelations on Wednesday that a Waymo-commissioned expert report estimated damages caused by Uber’s alleged trade secret theft at $2.6 billion, U.S. District Judge William Alsup accused the Alphabet spinoff of crying “crocodile tears” in seeking to delay trial over the purported theft of self-driving car technology.
Intellectual property boutique Cislo & Thomas LLP has expanded its attorney ranks and its California footprint, adding five partners previously with Leech Tishman LLP as it opens two new offices in the state.
The Patent Trial and Appeal Board on Wednesday nixed a Mobile Telecommunications Technologies LLC wireless communications patent that the company had accused numerous tech giants of infringing, finding that it was obvious as anticipated over prior art.
The U.S. Tax Court's decided preference for the comparable uncontrolled transaction method, as shown most recently in transfer-pricing victories for Amazon and Medtronic, may not necessarily increase the method's popularity among taxpayers.
The screenwriter and director of "The Professor and the Madman," starring Mel Gibson and Sean Penn, sued a Hollywood production company in California federal court Tuesday, claiming the Academy Award-winning company willfully infringed his copyrights to the film's screenplay and defamed him.
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.
Over the five years since inter partes review came into effect, it has made the Patent Trial and Appeal Board the most popular venue for litigating patent disputes. It is worthwhile to ask whether IPRs are achieving their intended policy goals and at what cost their popularity comes, say Gene Lee and Danielle Grant-Keane of Perkins Coie LLP.
Based on three cases in which the Federal Circuit has found software-related claims to recite patent-eligible subject matter, a patent application drafter can improve the chances that claims pass muster under step one of the Alice two-step patent-eligibility test, thereby not requiring an analysis under step two, says Phillip Articola of Banner & Witcoff Ltd.
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.
Whether the 5-year-old Patent Trial and Appeal Board can achieve its lofty goals — providing a quick, inexpensive and reliable alternative to challenging patent validity — rests largely in the ability of counsel to effectively navigate the intersection of PTAB and district court jurisdiction, say Michael Specht and Jonathan Tuminaro of Sterne Kessler Goldstein & Fox PLLC.
Last month, the U.S. Patent and Trademark Office changed its policies and procedures for marks composed of a surname and an additional term. It seems that there are better odds in obtaining a registration for a surname mark with a broad descriptive term rather than a surname with a “merely descriptive” term, says Davide Schiavetti of Rothwell Figg Ernst & Manbeck PC.
In the five years since the Patent Trial and Appeal Board was established, the Federal Circuit has rendered over 250 judgments and issued over 120 opinions deciding appeals taken from post-grant proceedings. The data reveals how the court has addressed those appeals and how those appeals are affecting the court, say attorneys with Sterne Kessler Goldstein & Fox PLLC.
Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.
Five years after the establishment of the Patent Trial and Appeal Board, attorneys with Sterne Kessler Goldstein & Fox PLLC discuss several lessons from PTAB challenges that should be considered when developing an effective patent prosecution strategy, taking into account both a global outlook and advances in big data.
As the U.S. Supreme Court weighs whether inter partes review violates the Constitution in Oil States v. Greene's, Congress’ 2011 decision to make inter partes review retroactive — unlike its decision regarding inter partes re-examination — could ultimately doom inter partes review, says Jason Hoffman of BakerHostetler.
The Patent Trial and Appeal Board began operations in September 2012. Five years later, attorneys with Sterne Kessler Goldstein & Fox PLLC look back at the first phase of the Trial Division’s history and compare the results with predictions at its inception.