It's one thing to face trademark accusations from a big scary company, but what about from the government? A new case filed last week over the "Virginia Is For Lovers" tourism slogan is just the latest in a string of recent public-private brand battles.
U.S. Patent and Trademark Office Director Andrei Iancu said in a speech Monday at a conference in San Francisco that recent case law on patent eligibility has made it “extremely difficult” for anyone to tell what can and cannot be patented, and that “it is incumbent upon all of us to find a clearer path.”
The industrial designer who drew the headphone designs at the heart of the $107 million royalty dispute between a businessman and Beats Electronics founders Jimmy Iovine and Dr. Dre told a California jury on Tuesday that the group's royalty agreement was only meant to cover Beats’ first headphone model.
Cellspin Soft Inc. urged a California federal judge Tuesday to reject bids for attorneys’ fees by GoPro, Nike, Fitbit and other companies that beat Cellspin’s lawsuits alleging their fitness trackers and GPS devices infringe its data-uploading patents, arguing it litigated the cases reasonably and saying “there’s no evidence this was a shakedown.”
The United Services Automobile Association has sued Wells Fargo over the banking giant's use of technology allowing customers to deposit checks into their accounts with a photograph, telling a Texas federal court that four patents covering the technology are being infringed.
Opening statements kicked off Tuesday in a California federal trial over Kenu Inc.’s claims Belkin infringed a patent for in-car phone holders, but before the proceedings even began, news that Belkin’s litigation support company forged a court officer’s signature prompted the presiding judge to call for criminal fraud charges against the vendor.
States and public universities have urged the Federal Circuit to overturn a decision finding the University of Minnesota exposed its patents to challenge at the U.S. Patent Trial and Appeal Board when it filed infringement lawsuits in district court, a decision the schools said could harm innovation.
A California federal judge has refused to send the question of whether Cisco should be shielded from Arista's antitrust suit over Ethernet switches to the Ninth Circuit, saying the ruling denying the technology company's bid for Noerr-Pennington immunity didn't merit an immediate appeal.
The Patent Trial and Appeal Board has declined to review two Philips patents covering content authentication technology, finding the prior art Microsoft relied on in its challenge had already been considered by a patent examiner during prosecution of the patents.
Electrolux Home Products Inc. has hit several companies from the U.S. and China with a complaint at the U.S. International Trade Commission, accusing the companies of making and importing "knockoff" water filters that infringe its supplier's filtration patents.
Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.
Patron Spirits International AG, the distiller behind “Pyrat” rum, has lost a bid to block a Pennsylvania craft brewer from registering its “Pirate Piss” beer brand as a trademark.
The European Union’s top appeals court ruled Tuesday that French designer Christian Louboutin SA’s famous red-soled high heels can be protected by trademark law.
Sirius XM Radio Inc. agreed to pay music royalty collector SoundExchange Inc. $150 million for both companies to walk away from litigation over whether the satellite radio purveyor shorted the licensor on royalties for recordings from 2007 to the end of last year, SoundExchange said Monday.
Following a challenge from Merck Sharp & Dohme Corp., the Patent Trial and Appeal Board said Friday that all but one claim in a patent related to Pfizer Inc.’s top-selling Prevnar 13 pneumonia vaccine were unpatentable as obvious under prior patents.
A New York federal judge rejected a bid by two former Kenyon & Kenyon LLP lawyers to defeat claims that they bungled patent paperwork but called for “discretion and decency” at a Monday hearing and urged the parties to strike a deal that would let the individuals off the hook.
The Federal Circuit on Monday rejected Cook Medical's bid for attorneys' fees from a company that dismissed a patent suit against it over a kidney stone extraction device, in part because Cook did not say until after the litigation ended that it thought the case was unreasonable.
The U.S. Supreme Court said Monday it would not hear a case the Cleveland Clinic Foundation filed over patents for cardiovascular disease tests, leaving in place a ruling that found the patents were invalid because they only claim laws of nature.
Teva Pharmaceutical and Boehringer Ingelheim on Monday announced a settlement with the last remaining party accusing them of entering into an illegal pay-for-delay agreement to keep a generic version of the stroke prevention medicine Aggrenox off the market, paving the way for the multidistrict litigation in Connecticut federal court to close out.
Two Oakland-based graffiti artists hit Oakley Inc. with a copyright infringement lawsuit in California federal court Friday, accusing the sunglasses retailer of ripping off their murals for an advertising campaign.
A partner and a shareholder at Farney PC have left to join Dickinson Wright PLLC, their new firm announced Thursday, bolstering Dickinson Wright’s intellectual property teams in Silicon Valley and Austin, Texas.
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.
As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.
For a patent applicant, a supplemental appeal brief can be a handy tool to support your appeal when the law is changing in your favor. We recently saw this firsthand with Yahoo, says John Rauch of Brinks Gilson & Lione.
The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.
While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.
Now that the first articles on the U.S. Patent and Trademark Office's post-Berkheimer eligibility guidance have been digested, it is time to take a deeper look and derive or strengthen arguments for patentable subject matter eligibility during patent prosecution, says Christopher Hall of Womble Bond Dickinson LLP.
A year ago, the U.S. Supreme Court upended long-standing practice when it held that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute. The TC Heartland decision created many questions that courts have been grappling with ever since, says Manuel Velez of Mayer Brown LLP.
The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.
At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.