Since the Patent Trial and Appeal Board rarely allows patent amendments during America Invents Act reviews, some patent owners have proposed creating an “off-ramp” where amendments would be considered by patent examiners instead. Attorneys say many tricky questions must be answered before such a system could begin.
A Michigan federal judge on Thursday shut down six suits accusing Nestle’s Purina unit, Wal-Mart Stores Inc., Hill’s Pet Nutrition Inc. and others of false advertising over premium food photos on pet food packaging, saying the claims didn't address how the photos were misleading.
Abbott Laboratories and a Florida pharmacy have agreed to settle a suit accusing the pharmacy of selling “gray market” versions of the drugmaker's diabetes test strips, with the companies on Thursday asking a New York federal court to enter a permanent injunction blocking the pharmacy from selling unauthorized products.
A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.
The U.S. Food and Drug Administration has tentatively approved Merck & Co. Inc.’s biosimilar to Sanofi’s diabetes treatment Lantus, though the decision will remain paused while Sanofi’s patent infringement lawsuit is pending, Merck said Thursday.
A South Carolina federal judge sent a patent suit against The Code Corp. over bar code reader technology to Utah this week, while a judge in Delaware noted a “growing consensus” among courts that the U.S. Supreme Court’s recent TC Heartland decision on venue was not a change in the law.
A Federal Circuit panel on Thursday rejected Otsuka Pharmaceutical Co. Ltd.’s suit against pharmaceutical companies seeking to market generic versions of the antipsychotic drug Abilify, upholding a New Jersey federal judge’s decision to toss the suit.
An Italian sportswear maker being sued by the owner of an online gambling company over its use of domain names told an Arizona federal judge Wednesday that the company owner is a cybersquatter who had been ordered to hand the domains over and who’s instead trying to extort a payoff.
Reps. Darrell Issa, R-Calif., and Jerrold Nadler, D-N.Y., on Wednesday introduced bipartisan legislation that would grant copyright protection to recordings created prior to 1972, with Issa calling the bill “an important and overdue fix to the law.”
WilmerHale’s Lauren Fletcher has had a leading role in a number of high-profile patent cases, including the long-running battle between Apple and Samsung, and secured a number of precedent-setting wins at the Federal Circuit, earning her a spot as one of five IP lawyers under age 40 honored by Law360 as Rising Stars.
Uber Technologies Inc. on Wednesday asked a California federal court to deny a request by Alphabet Inc.’s self-driving car unit Waymo LLC for a letter in which Uber’s board reportedly urged then-CEO Travis Kalanick to resign, saying that it is irrelevant to the suit’s questions of whether Uber stole trade secrets or violated a patent.
The owner of a patent covering a cardiac catheter urged a Wisconsin federal court Wednesday not to toss an infringement case against St. Jude Medical Inc. based on the U.S. Supreme Court’s recent TC Heartland decision, arguing that the venue is proper because the company has a presence in the district.
A manufacturer of artificial Christmas trees has asked a California federal judge to reject a rival's argument for keeping a newly appointed attorney in their patent dispute, saying the late arrival of the lawyer — whose association with the previous judge prompted his recusal — is suspicious enough to warrant removal.
The U.S. International Trade Commission has determined that financial services company Diebold Nixdorf Inc. imported ATMs that infringe various claims of a patent belonging to Nautilus Hyosung America, prohibiting future entry of the ATMs into the U.S.
The U.S. Postal Service is headed to trial on copyright claims for accidentally depicting a Las Vegas replica of the Statue of Liberty on billions of stamps, after the U.S. Court of Federal Claims refused to end the case Tuesday.
IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.
The author of a two-part book series titled “Burning Sands,” a fictional tale of six fraternity pledges at a historically black college, accused Netflix and director Gerard McMurray on Tuesday of infringing his copyright by making a movie released earlier this year with the same title and a similar premise.
Many major intellectual property groups urged the full Federal Circuit on Wednesday to review a decision that sales in which an invention isn’t publicly disclosed invalidate patents under the America Invents Act's on-sale bar rule, with one saying the ruling threatens to “destabilize the entire U.S. patent system.”
Genband US LLC asked Judge Rodney Gilstrap of the Eastern District of Texas on Tuesday to consider additional evidence that rival Metaswitch Networks Corp.’s infringement of its telecommunications patents caused it irreparable harm meriting a permanent ban on sales in a remand of its case from the Federal Circuit.
Greensfelder Hemker & Gale PC has hired a Husch Blackwell LLP partner and three Nixon Peabody LLP attorneys to expand its intellectual property practice in its St. Louis and Chicago offices, the firm said Tuesday.
A Florida federal judge on Wednesday tacked another $12 million in damages and attorneys' fees onto a $3 million jury award for Omega Patents LLC after finding that wireless communications manufacturer CalAmp Corp. infringed several patents covering vehicle tracking technology.
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.
Cash-strapped, time-poor startups have many reasons to ignore intellectual property. Respond by suggesting that the client budget time and money for a coffee break with you next week. It might decide to pursue quality patents and a global strategic IP and licensing portfolio, or it might just end up buying coffee. Most startups leave somewhere in between, says Robert Kramer of Finnegan Henderson Farabow Garrett & Dunner LLP.
With a properly capable internet browser, legally significant documents that are found on the internet can be trusted to be intact, and therefore likely have greater evidentiary value — provided they had earlier been registered in the right kind of blockchain, says Kelce Wilson, counsel for Tenet3.
Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.
For many ransomware victims, paying the ransom can become the proverbial best worst option. But is it legal? There is little specific legal authority on the subject, so the legalities of payment and negotiation with ransomware attackers are worthy of some analysis, says John Reed Stark, president of John Reed Stark Consulting LLC.
Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.
Recent amendments to the Texas Uniform Trade Secrets Act contain an important — if seemingly unremarkable — new definition of “willful and malicious misappropriation,” says Nick Brown of Fulkerson Lotz LLP.
With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.
Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.
Whereas the Eastern District of Texas once garnered more than one-third of patent cases, now — during the six weeks following the U.S. Supreme Court’s TC Heartland decision — the district received just under 14 percent of new patent cases filed in the United States. And, as predicted, the District of Delaware has jumped to roughly 28 percent of patent case filings, say Benjamin Anger and Boris Zelkind of Knobbe Martens Olson & Bear LLP.
Although trademark verbing appears to be on the rise, and the Ninth Circuit's recent Google genericide opinion may give brand owners comfort, that doesn’t mean that brand owners should abandon the tried and true trademark use and protection rules, says Danica Mathes of Bell Nunnally & Martin LLP.