Proposed legislation by one of the architects of the Hatch-Waxman Act to require generics makers to choose between challenging drug patents under that law or through inter partes reviews would effectively bar generics from using America Invents Act proceedings, attorneys say.
Medical technology company AngioDynamics Inc. hit Biolitec AG and its fugitive owner with a lawsuit in Massachusetts federal court seeking to gain control of the company’s patents to satisfy a nearly $75 million judgment that Biolitec has dodged for over four years.
Disney is facing a new lawsuit alleging that it stole the idea for its hit film "Inside Out," this time from a filmmaker who accused the company of ripping off its concept from a short film he made in college, according to a copyright infringement suit filed in California federal court on Monday.
Nevro Corp. has asked for a rehearing after the Patent Trial and Appeal Board declined to institute review in its challenge to a Boston Scientific patent on spinal cord stimulation technology, urging the board to provide guidance on how to deal with expert testimony submitted early in review proceedings.
Disney, Paramount and 20th Century Fox lost a bid Monday to escape accusations the Hollywood studios violated copyright law when they created digital effects for “Guardians of the Galaxy” and a slew of other blockbusters.
The artist behind Chicago's famous "Cloud Gate" sculpture, nicknamed "The Bean," slapped the National Rifle Association of America with copyright infringement claims in Illinois federal court Tuesday, saying the gun-rights advocacy organization featured his work in a video promoting fear and political warfare without his permission and has refused to remove it.
The D.C. Circuit refused to overturn a ruling that communications subpoenaed from Boehringer Ingelheim Pharmaceuticals Inc. during a Federal Trade Commission pay-for-delay investigation are covered by attorney-client privilege, saying Tuesday one of their main purposes was to get legal advice.
LeClairRyan has hired a Schnader Harrison Segal & Lewis LLP trial lawyer who’s represented clients in the energy, aerospace and defense industries to join its intellectual property, commercial litigation, products liability and aviation teams, the firm announced Monday.
The Federal Circuit on Tuesday told the Patent Trial and Appeal Board to reconsider whether Sirona Dental Systems GmbH should get to amend since-invalidated claims in a tooth implant patent, as the court's later Aqua Products decision made it easier for patent owners to amend claims.
The so-called “Van Gogh of Woodworking” asked a Massachusetts federal judge Tuesday to force a Boston PBS affiliate to show a disclaimer stating he is not involved in the current season of the station’s woodworking show as he accuses the affiliate of using his likeness and signature catchphrase.
A Seattle federal court has tossed infringement claims against smartphone maker HTC, ruling that a Uniloc patent on wireless remote control technology was too abstract to be valid.
A weeklong intellectual property trial ended in deadlock on Monday when a California federal jury couldn't agree on whether Belkin International Inc. ripped off Kenu Inc.'s design patent for a cellphone holder that clips onto a car's air vent.
The Patent Trial and Appeal Board correctly struck down claims in an airbag patent owned by a subsidiary of licensing firm Acacia Research Corp., the Federal Circuit ruled Tuesday.
The Ninth Circuit on Monday affirmed a California federal judge's decision siding with Jack in the Box Inc. in a trademark dispute against two franchisees who continued operating under the fast-food chain's name after failing to pay royalties and other fees.
In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.
Popular Texas-based convenience store chain Buc-ee's Ltd. has told a federal judge that despite losing a logo trademark infringement trial last month, competitor Choke Canyon has proposed an injunction that would let it keep using a black-and-white version of its offending logo.
The Trump administration has no imminent plans to hold new negotiations with China to resolve the two countries’ escalating intellectual property and tariff fight, White House trade adviser Peter Navarro said Tuesday, adding that fruitless recent meetings with the Chinese side have shown that “talk is cheap.”
Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.
We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.
The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.
The U.S. Supreme Court on Monday refused an inventor’s case that claimed the Patent Trial and Appeal Board instituted an America Invents Act review of his decorative garden light patent, ultimately invalidating it, despite the patent’s challengers having filed a lawsuit against him more than a year prior.
One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.
After a three-year surge, patent suits at the Federal Circuit leveled off last year as the court showed signs of adjusting to its bustling workload. The judges found time to write more opinions, and they reached greater consensus, penning fewer separate concurrences and dissents than in 2016.
The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.
The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.
As the data shows, the U.S. Supreme Court's TC Heartland decision last year marked a major milestone in addressing extreme forum selection in patent law, and to some extent the threat of nonpracticing entity litigation abuse faced by startups. But other NPE problems need fixing, say Rachel Wolbers of Engine and Jonathan Stroud of Unified Patents Inc.
Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.
I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.
The Patent Trial and Appeal Board has long been hesitant in granting motions to amend, but recent statistics show that the board is granting them with greater frequency. Patent owners should increasingly consider adding motions to amend to their overall inter partes review and post-grant review strategy, say Justin Krieger and Christopher Thomas of Kilpatrick Townsend & Stockton LLP.
With the World Cup about to hit our screens, the temptation for some businesses that lack the badge of "official sponsor" to promote their global brand will be great. But, however tempting, the stakes for those so-called ambush marketers are high, say attorneys with Bryan Cave Leighton Paisner LLP.
A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.
Some people are intent on convincing newly appointed U.S. Patent and Trademark Office Director Andrei Iancu to roll back post-grant review procedures. The innovation community needs to remind Iancu why the patent reform gains of the last few years are so critical, says Dana Rao, associate general counsel of intellectual property and litigation at Adobe Systems Inc.
Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.