Advances in artificial intelligence raise intriguing patent law questions, including whether AI breakthroughs are patent-eligible and whether AI that creates something can be an "inventor" entitled to a patent. Here's a look at issues attorneys say patent law will soon need to confront in this burgeoning field.
A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.
The U.S. Supreme Court said Monday it would not review a case against Comcast and Verizon over media streaming patents, leaving in place a ruling that found the patents were invalid for claiming nothing more than an abstract idea.
The Patent Trial and Appeal Board has upheld two X One Inc. patents on location tracking technology, with the board finding that the claims challenged by Uber Technologies Inc. were not obvious in light of prior art.
Westinghouse Air Brake Technologies Corp. sought an injunction in Pennsylvania state court Monday to stop competitor Siemens Mobility Inc. from having access to its technology through a shared client, CSX Transportation, for whom both companies are developing an automated system for signaling and controlling trains.
The U.S. International Trade Commission has banned Toshiba Corp. from importing certain memory devices that rip off Taiwan-based Macronix International Co. Ltd.’s patented semiconductor technology, reversing an earlier finding by an administrative law judge that the Japanese electronics giant’s imports did not violate tariff laws, according to a Monday notice in the Federal Register.
French ministers agreed to cut taxes on corporate patent income to 10 percent Monday as part of a wider overhaul to align the country’s research incentives with global norms.
In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)
While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)
A New York-based flag football league called foul on a rival league in a Florida federal court Thursday, seeking unspecified damages on allegations that the rival has been claiming the New York league’s events and demographics as its own to win sponsors for an Orlando tournament.
The Patent Trial and Appeal Board on Thursday gave a partial win to Stingray Digital Group Inc. in its bitter patent fight with rival music channel provider Music Choice, finding that part of a Music Choice patent for on-demand entertainment systems is invalid as obvious.
Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. have asked a Virginia federal court to throw out three complaints in multidistrict litigation accusing them of entering into an illegal reverse-payment deal to keep a generic version of the cholesterol drug Zetia off the market.
A Hewlett Packard Malaysia manager was merely "cheerleading" when she described possible future work to a startup that now claims it was duped into providing tens of millions of dollars in free services and software, HP's attorney argued Friday at the close of a California federal trial.
A member of China's intelligence agency pled not guilty Friday to charges he attempted to gather trade secrets from jet engine manufacturer GE Aviation, but an Ohio federal judge said he should remain in prison until trial, citing inconsistent accounts about his employment.
Fiat Chrysler is selling cars it says are Bluetooth-compatible and is using the Bluetooth name in its marketing efforts without the tech company’s permission, according to a suit filed Thursday in Washington federal court.
Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, HBO jousts with a botanical garden over a thorny issue, four different Major League Baseball clubs get into the October action, and Volkswagen takes on a "beer and wine safari" over a logo featuring a "hippie bus."
Tire maker OTR Wheel Engineering Inc. urged a Washington federal judge on Thursday to stop West Worldwide from selling nearly 5,000 tires, saying they were the same products at issue in its Lanham Act trial win, which was recently upheld by the Ninth Circuit.
Novartis AG unit Sandoz will get to launch its biosimilar of AbbVie Inc.’s immunosuppressant Humira in the U.S. on Sept. 30, 2023, and in Europe on Tuesday as part of a settlement to end all related patent litigation, the drugmakers have announced.
The Patent Trial and Appeal Board on Friday mostly handed a victory to Edwards Lifesciences by invalidating several claims of a Boston Scientific patent relating to a stent with a balloon catheter as obvious.
Qualcomm Inc. must license its patented cellphone components under its obligations with standard-setting groups, contrary to arguments Nokia made backing Qualcomm in an ongoing antitrust suit, the Federal Trade Commission told a California federal judge Thursday.
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
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.
As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.
As the recent Olivia de Havilland v. FX decision confirmed, expressive artistic works like the "Feud" miniseries are entitled to broad First Amendment protection. But what if "Feud" were a video game in which players controlled the battles between Bette Davis and Joan Crawford? In right of publicity case law, video games are treated as second-class citizens, says Michael Garfinkel of DLA Piper.
Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.
Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.
In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.
The House recently passed the SUCCESS Act to extend the U.S. Patent and Trademark Office's expired fee-setting authority, but the lack of retroactive effect in the bill may force the USPTO to redo its pending 2018 fee proposal, says Andrew Baluch, a partner at Smith Baluch LLP and former White House intellectual property adviser.
Last month, the Federal Circuit issued a modified opinion in Power Integrations v. Fairchild, retreating from an earlier ruling that set an unattainable standard for invoking the entire market value rule. However, the new burden will prove to be just as difficult to meet in practice, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
The Federal Circuit in Aatrix and Berkheimer may have limited the role of district courts in determining patent eligibility cases. Though these two cases provide some additional guidance, there appears to still be a wide range of viewpoints within the Federal Circuit as to the correct approach to Section 101, say Robert Maier and Jonathan Cocks of Baker Botts LLP.
During a recent interview with Eli Mazour of Harrity & Harrity LLP, David Kappos discussed his time as director of the U.S. Patent and Trademark Office and as head of intellectual property at IBM, reacted to patent-related developments, and provided wide-ranging advice to those in and outside of the IP field.
A pair of recent decisions out of the U.S. International Trade Commission illustrate the potential importance of consistency in early expert disclosures in an investigation, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.