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.
A California judge granted “Gone with the Wind” actress Olivia de Havilland, 101, an early trial in her right of publicity suit against FX Networks LLC over the use of her name and identity in the series “Feud: Bette and Joan,” saying her advanced age necessitated the “fast track.”
The Federal Circuit on Wednesday upheld a district court ruling that an Ohio company cannot seek preemptive invalidation of a cement patent since the patent owner has made no moves to protect it, despite litigation in Mexico involving the allegedly infringing product.
A case in which Alphabet Inc.’s self-driving car unit Waymo LLC accuses Uber Technologies Inc. of stealing its trade secrets will proceed to trial in California federal court next month after the Federal Circuit on Wednesday shut down Uber’s request to send the case to private arbitration.
The Federal Circuit on Wednesday partially upheld an Intellectual Ventures’ multi-trial victory against Motorola, affirming the validity of two of the nonpracticing entity’s patents, but finding there was insufficient evidence that the smartphone company directly infringed one of the patents.
Google Inc. and a group of banks have asked the U.S. Supreme Court to overturn Federal Circuit decisions limiting the scope of America Invents Act covered business method patent reviews, saying the rulings undermine the program and leave it “toothless.”
The Federal Circuit on Wednesday ruled Alphabet Inc.’s self-driving car unit Waymo LLC can see Stroz Friedberg LLC’s confidential Uber report in Waymo’s trade secret suit against the ride-hailing giant, rejecting an Uber executive’s arguments that disclosures in the report are protected and could incriminate him.
Tom Petty, Dan Auerbach and Gillian Welch were among more than 500 musicians and song copyright owners who objected to a $43 million proposed class settlement in a copyright suit against Spotify in New York federal court Tuesday, calling the proposed deal “grossly insufficient.”
Perry Ellis' parent company hit competitor Thom Browne Inc. with a trademark infringement lawsuit Tuesday in Illinois federal court, saying penguins featured on recent Thom Browne products too closely resemble the logo of its own Penguin clothing line.
As Apple and Samsung head toward yet another trial in the smartphone patent wars, intellectual property experts are split over the $400 million question at the center of the case — how to calculate damages when only part of a product infringes — as was evident at a panel discussion Wednesday.
An importer and distributor of so-called gray market Duracell batteries revealed itself Wednesday in an amended challenge to a U.S. Customs and Border Protection decision to restrict the products’ U.S. entry one day after a U.S. Court of International Trade judge pulled the plug on the company’s bid to proceed anonymously.
Architectural firm Soos & Associates Inc. hit Five Guys with a lawsuit Tuesday in Illinois federal court, alleging the fast food chain has violated its copyright by switching to different architects for new store designs while using Soos’ original plans without its approval.
White Knuckle IP LLC asked a Utah judge on Monday to shoot down a sanctions motion by Electronic Arts Inc., arguing it brought its patent suit against the video game giant with a good-faith belief it had a valid claim.
A family-owned music publishing house on Tuesday sued music producer Mark Ronson and a group of songwriters and music distributors, including Sony Entertainment, Spotify and Apple, claiming in New York federal court that the songwriters ripped off the 1980 funk hit "More Bounce to the Ounce” to create Bruno Mars’ hit single "Uptown Funk.”
Securus Technologies and Global Tel*Link jointly asked a Texas federal judge Tuesday to dismiss all claims regarding two patents in an ongoing dispute over their use in prison phone systems, leaving the claims of five other patents to be resolved.
It’s been five years since America Invents Act reviews at the Patent Trial and Appeal Board became available, creating new ways to challenge the validity of patents. In Part 1 of this series, Law360 looked at five things we’ve learned about the board since then. Here, experts weigh in on some issues to watch moving forward.
Drugmaker Boehringer Ingelheim International GmbH on Monday shot back at competitor AbbVie Inc.’s suit in Delaware federal court alleging that its proposed biosimilar of the blockbuster immunosuppressant Humira runs afoul of 74 patents, arguing that the company has created a “patent thicket” of noninventive patents to prevent competition.
A Texas federal judge on Tuesday picked Google’s suggested ongoing royalty for using patented malware-protection technology after a jury awarded the inventor $20 million, rejecting the inventor’s bid for a royalty several times higher than the rate implied by the jury verdict.
Cisco Systems has urged the Federal Circuit to deny Arista Networks’ bid to pause a U.S. International Trade Commission decision to retain an import ban against products found to have infringed two Cisco patents that were later invalidated, calling it an unprecedented request for relief.
A jazz musician accused Chance the Rapper of ripping off a large portion of one of his songs for a sample that was used on one of Chance's tracks in a suit filed Tuesday in Illinois federal court.
The Federal Circuit ruled Tuesday that the Patent Trial and Appeal Board correctly invalidated a patent covering a device for keeping eyeglasses around a person’s neck, ruling that it was obvious in view other patents and a 1991 newspaper article.
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.
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.
In Helsinn v. Teva, the Federal Circuit declined to interpret the meaning of "otherwise available to the public" in the America Invents Act. Helsinn's recent petition for en banc review presents another chance for the court to provide much-needed guidance on the phrase, say attorneys with Sterne Kessler Goldstein & Fox PLLC.
Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.
At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.
In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.
The solicitor general is likely to recommend acceptance of Samsung’s position that the Federal Circuit ignored relevant U.S. Supreme Court precedent governing combination patents when it upheld the validity of two Apple smartphone patents. If the court follows such a recommendation, significant changes in obviousness law would occur, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.