The Federal Circuit ruled Monday that the Patent Trial and Appeal Board incorrectly invalidated a Synopsys Inc. circuit patent, reversing a decision favoring ATopTech Inc., which recently filed for bankruptcy after being ordered to pay $30 million for infringing Synopsys’ copyrights.
Daily fantasy sports company DraftKings and a group of other gaming companies on Wednesday asked a Nevada federal court to deny a bid by two gambling technology companies to force them to produce their source code in Las Vegas as part of a patent suit, arguing they have already agreed to produce the code at their counsel’s offices pursuant to a prior agreement.
A wholesale distribution company owner who pled guilty to running a scheme to sell counterfeit 5-Hour Energy drinks should serve nine years in prison and pay more than half a million dollars in restitution to the drink’s maker, Innovation Ventures LLC, California federal prosecutors said Wednesday.
Prince’s estate is suing to block the release of a six-track EP, including unreleased recordings, on the anniversary of the artist’s death, saying the sound engineer behind the “Deliverance” EP has unlawfully held onto the recordings and doesn’t have authorization to release them, according to a suit removed to Minnesota federal court Tuesday.
Internet streaming service FilmOn urged a California appeals court Wednesday to revive its suit alleging online advertising data provider DoubleVerify scared away FilmOn advertisers by falsely labeling the site a copyright infringer, arguing DoubleVerify's confidential business reports for “an audience of one” aren't protected free speech.
Tesla Motors Inc. and Aurora Innovation, the new driverless car startup from a former Tesla Autopilot program director, on Wednesday announced a settlement ending a breach of contract lawsuit Tesla filed in California state court over alleged trade secret theft and poached employees.
Acuity Insurance Co. on Wednesday asked a Michigan federal court to rule it does not have to indemnify a manufacturer of casino game cabinets in a competitor's patent infringement lawsuit, arguing the underlying suit didn't include a potentially covered claim for trade dress infringement in the insured's advertising.
A California federal judge told Qualcomm Inc. attorneys Wednesday she’s “disappointed” that they asked her again to delay discovery in the Federal Trade Commission’s antitrust suit over patent licensing practices, three days after she denied their initial request, saying during a hearing she “hope[s] that’s not an indication of how [they] intend to litigate this case.”
Bankrupt telecom giant Avaya Inc. told a New York bankruptcy judge on Tuesday that BlackBerry Corp.'s bid to lift the debtor's Chapter 11 litigation shield for allegedly continuing to sell infringing products is without good cause and, if granted, could thwart the company's restructuring.
An executive for a company accused by Abbott Laboratories of selling “gray market” diabetes test strips listened in on other defendants' confidential depositions with the help of Kerr Russell counsel, attorneys alleged in New York federal court Wednesday, saying the depositions touched on trade secrets and other sensitive information.
The Patent Trial and Appeal Board on Tuesday rejected a petition from Synaptics Inc. that sought review of a patent related to fingerprint sensors, saying it was convinced that Synaptics had used earlier board decisions as a road map for the challenge.
Major patent-licensing company WiLAN Inc. has announced that it will shift its focus away from monetizing patents and toward acquiring internet of things businesses, saying "significant changes" in the patent environment mean that it cannot meet its financial goals through licensing alone.
An attorney for Paul McCartney on Wednesday told a Manhattan federal judge that a Sony Corp. unit is holding the prospect of a breach of contract suit in the U.K. as leverage over the Beatles musician, who is seeking court protection if he claws back copyrights Sony’s predecessors acquired 50 years ago.
The U.S. Patent and Trademark Office will reopen a probe into the validity of two patents held by the parent company of the popular braces alternative Invisalign following a Patent Trial and Appeal Board ruling nixing another Invisalign patent, according to recent filings.
A Second Circuit judge hearing the appeal of a $3.5 million summary judgment in favor of New York University in a breach of contract dispute between the school and drugmaker Galderma Laboratories Inc. told the parties Wednesday that U.S. District Judge Alvin K. Hellerstein made a “crystal clear mistake” of New York law in deciding the case.
The Federal Circuit on Wednesday upheld a victory for Volkswagen, Nissan and other major automakers, ruling that dozens of claims of seven computer display patents that patent licensing company West View Research LLC accused them of infringing are invalid as abstract.
CVS Health Corp. on Tuesday urged a federal judge to toss part of a suit alleging its heart-shaped logo dilutes the trademark held by a health app maker, arguing against a Ninth Circuit ruling that would support keeping the claim alive.
The Sixth Circuit on Wednesday affirmed a ruling in favor of horse racing venue Kentucky Downs and gambling technology company Exacta Systems LLC in a lawsuit by a group of racetrack owners, saying the use of their track names in a video-based gambling system does not constitute trademark infringement.
Sonos Inc. has trimmed some claims from its patent fight with rival audio equipment maker D&M Holdings Inc., as a Delaware federal judge ruled Tuesday that two D&M patents were invalid under the U.S. Supreme Court’s Alice standard.
A Colorado federal judge has nixed antitrust claims in footwear maker U.S.A. Dawgs Inc.’s suit alleging that rival Crocs Inc. fraudulently obtained patents and filed sham lawsuits to dominate the market for molded clogs, but he has kept alive allegations that Crocs’ ads are misleading.
The Patent Trial and Appeal Board said Tuesday it would not institute inter partes review of a computer network patent that Uniloc USA Inc. has accused numerous companies of infringing, rejecting a challenge from defensive patent group Unified Patents Inc.
Success for intellectual property boutiques is no longer based on expertise only in patent preparation and prosecution or only in litigation. Today, success lies in the careful balancing of four external factors and four internal factors, say Jorge Goldstein and Michael Ray of Sterne Kessler Goldstein and Fox PLLC.
Shortly after Donald Trump became president and decided not to challenge China’s policy in Taiwan, more than 30 of his trademark applications in China were all immediately approved. Is the timing simply a coincidence? Either way, the approvals are a clear indication that U.S. brands are enjoying greater protections in China, says Amy Hsiao of The Sladkus Law Group.
Many intellectual property boutiques continue disappearing, either by closing shop altogether or by merging with general firms. Those of us still standing, bewildered and saddened by the loss of our venerable competitors, must continuously ask: How can we avoid being next? And, more importantly, can we thrive in this highly competitive environment? say Jorge Goldstein and Michael Ray of Sterne Kessler Goldstein and Fox PLLC.
Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.
If the upcoming TC Heartland decision gives “reside” a new meaning, venue that had seemed proper when a patent case started may not be proper under the U.S. Supreme Court's new approach. It is not too early for litigants to start thinking about when, and whether, they can challenge venue in cases that are already underway, say Jenny Colgate and Nechama Potasnick of Rothwell Figg Ernst & Manbeck PC.
Three months into the 115th congressional term, no patent bill has been proposed yet. However, the Lawsuit Abuse Reduction Act, passed by the House in early March and not specifically targeted at patents, hints at what might come next, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.
Although the New Jersey federal court's recent decision in Boehringer Ingelheim v. HEC has not garnered much attention, it shows that courts may be willing to invalidate method of treatment claims — on Section 101 grounds — even where those claims involve administering non-naturally occurring medicines, say Stephen Stout and Trey Hebert of Vinson & Elkins LLP.
The America Invents Act changed the statutory language regarding when a prior disclosure may bar an inventor from receiving a patent. Section 102(a) is clear and appears to provide a bright-line test for determining when a disclosure precludes an applicant from receiving a patent. Section 102(b), however, sets forth exceptions that blow a cloud of smoke over that clarity, says patent attorney Sharon Adams.
Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.
In a surprise to those expecting a unanimous reversal in TC Heartland, the U.S. Supreme Court justices asked tough questions to both sides on Monday, some even seeming to lean at least slightly toward affirming the Federal Circuit’s broad interpretation of patent venue. Only Chief Justice John Roberts appeared to be leaning significantly in favor of a reversal, says Gregory Herrman of Blank Rome LLP.