Some U.S. Supreme Court justices on Monday appeared to question the Federal Circuit’s broad rule governing where patent lawsuits can be filed, though the court struggled with the idea of upending almost 30 years of patent venue practice.
NBCUniversal has blasted an appeal in the Second Circuit in which famed figure skater Oksana Baiul is attempting to salvage a suit over royalty payments from the 1994 NBC television special “Nutcracker on Ice,” saying her claims have been dramatically inconsistent.
The U.S. Supreme Court on Monday declined to hear an appeal by syringe maker Retractable Technologies Inc. asking for the reinstatement of a $340 million award on antitrust and false advertising claims against rival Becton Dickinson and Co.
The U.S. Supreme Court on Monday declined to hear Google’s bid for it to review how the Federal Circuit purportedly imposes “rigid” rules that wrongly keep “common sense” from being used to find patents invalid as obvious in a dispute over the invalidation of a computer data patent.
Canada has prevailed in a CA$500 million ($383 million) arbitration claim filed by U.S. drugmaker Eli Lilly over the alleged wrongful termination of its drug patents.
A California federal jury awarded TEK Global SRL $2.8 million on Friday in a case alleging that rival Sealant Systems International Inc. copied its patented design for tire repair kits that pump sealant into flat tires in order to steal its customers, according to an attorney for the prevailing party.
Gibson has settled trademark claims against British instrument manufacturer John Hornby Skewes, ending a California federal jury trial over whether Skewes ripped off Gibson's iconic guitar designs, with Gibson saying Skewes will be blocked from selling certain guitars in the U.S. and Skewes saying the deal was “mutually satisfactory.”
The Federal Circuit on Friday upheld a lower court's decision that Bayer must pay Dow $5.9 million in attorneys' fees because its suit against Dow over soybean patents was based on a "contorted reading" of a license and "should never have been filed."
The Federal Circuit on Friday deemed a new trial necessary to determine damages in a design patent dispute over a loading dock patent in light of the Supreme Court’s recent Samsung v. Apple case.
A splash pad company continues to argue that the Hague Service Convention permits service of process abroad by mail in its most recent U.S. Supreme Court brief, blasting arguments opposing its efforts to revive a dormant Texas trade secrets case by calling those contentions a “red herring.”
In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Lucasfilm gets deep into "Star Wars" minutiae, Nautica says a rival has been "Nauti," and Apple appeals after it is refused a "Siri" registration.
A Virginia federal judge gave HTC Corp. and Valve Corp. an early win in a lawsuit brought by a NASA contractor who claimed the tech and gaming companies’ virtual reality VIVE headset and 3D software infringed its trademarks, finding the marks at issue are weak and the companies never tried to profit off of them in bad faith.
A Federal Circuit panel turned its back on more than a quarter-century of precedent when shooting down Liberty Ammunition Inc.’s contract breach claim against the U.S. Army over lead-free bullet technology, the company has told the U.S. Supreme Court.
Two men who’ve bought hundreds of domains containing the word “google” asked the Ninth Circuit at a hearing Friday to revive their case arguing “google” is so commonly used that it’s become a generic term meaning “to search the internet,” and not a valid trademark for the popular search engine.
Adidas AG hit Asics with a copyright infringement suit Friday in Delaware federal court, saying the Japanese sportswear company infringed a number of patents related to fitness tracking apps and devices.
The U.S. Supreme Court will hear arguments Tuesday in a case that will determine how much control patent owners can exert over how their products are used after they are sold in the U.S. and overseas. To get you up to speed, here's everything you need to know about the case.
Pharmaceutical patent holders that sue generic-drug manufacturers for infringement and then shorten product exclusivity periods via settlements shouldn’t have to actually win those cases to maintain exclusivity, an Allergan unit told a New York federal judge Friday in a lawsuit over Alzheimer’s treatment Namenda.
Samsung has asked the U.S. Supreme Court to review a Federal Circuit decision that it must pay $120 million for infringing Apple’s smartphone patents, saying the ruling created "new and incorrect” law that makes invalidating patents too hard and winning injunctions too easy.
The Federal Circuit on Friday invalidated two more patents covering streaming media technology held by Affinity Labs of Texas LLC, furthering the company’s losing streak of negative Patent Trial and Appeal Board decisions.
The Federal Circuit on Friday affirmed a lower court's dismissal of Allergan's patent suit against Sandoz over planned generic versions of the eyelash growth stimulant Latisse, finding the suit barred because the issues were already litigated in a prior case.
Photographers whose claims against The Associated Press, the NFL and Replay Photos over royalties from their pictures were dismissed by a New York federal judge told the court Thursday that it should not immediately address attorney fees, arguing that to do so would defeat the purpose of their request to halt the issue pending their appeal.
It is often necessary to identify new tools to assist in the determination of reasonable royalties — or perhaps use an older tool in a new way. The analytical approach, which has been used in one form or another for more than 40 years, may be helpful, says Mark Pedigo of RGL Forensics.
While there may be economic or regulatory barriers that continue to favor manufacturing abroad, there is at least one legal barrier the new administration can address that currently places U.S. generic pharmaceutical manufacturing at a disadvantage, according to Frederick Rein and Aviv Zalcenstein of Goodwin Procter LLP.
The District of Delaware recently rejected Sandoz’s attempt to have an infringement action against it dismissed for lack of subject matter jurisdiction based on its conversion from a Paragraph IV certification to a Paragraph III certification. A decade ago, the District of New Jersey rejected an attempt by Teva to do the same thing, say Bruce Wexler and Jason Christiansen of Paul Hastings LLP.
One of the hottest terms in tech right now is “internet of things.” And fair, reasonable and nondiscriminatory licensing provides access to that connectivity. The FRAND system is based on mutual trust and shared commercial interests among the world’s most innovative companies. Where it gets complicated is that there is no consensus on what FRAND should mean and whether it can be defined in more detail, says Charles Babcock of Jackson Walker LLP.
For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.
As the U.S. Patent and Trademark Office evaluates whether to renew the Post-Prosecution Pilot Program, we filed a request under the Freedom of Information Act to obtain data on the program. An initial analysis suggests that the P3 program has been beneficial for applicants but also that some improvements can be made, say Daniel Ovanezian and Sam Noel of Lowenstein Sandler LLP.
There is a natural tension between the Defend Trade Secrets Act's overall purpose of protecting confidential information and the desire to facilitate the reporting and correction of improper conduct, say James Donnelly and Eva Zelnick of Mirick O’Connell DeMallie & Lougee LLP.
When a licensee uses a celebrity’s image or likeness past the term of a license agreement, but in the same manner previously consented to, the claim falls squarely into a right-of-publicity tort and is like an intellectual property claim for economic damages. Emotional distress damages should not be available, says Arsen Kourinian of McGuireWoods LLP.
Generally, the Patent Trial and Appeal Board has been reluctant to grant motions for discovery on issues such as secondary considerations. This trend may be shifting, say Roger Lee and David Leibovitch of Buchanan Ingersoll & Rooney PC.
In the six years since Congress passed the Biologics Price Competition and Innovation Act, the U.S. Food and Drug Administration has issued a number of guidances addressing the standards for establishing biosimilarity. But now we have the first FDA guidance addressing the higher standard for interchangeability, say attorneys with Mayer Brown LLP.