The Federal Circuit’s refusal to limit where foreign companies can be sued for patent infringement clarifies a lingering question left open by the Supreme Court’s TC Heartland decision, but attorneys don’t expect it to open a venue free-for-all.
Katten Muchin Rosenman LLP, Garfunkel Wild PC, Seyfarth Shaw LLP, Holland & Knight LLP, Dechert LLP, K&L Gates LLP and Polsinelli PC are among the latest firms to have grown their health and life sciences abilities.
Volkswagen won a $4 million default judgment Wednesday against a group of counterfeiters who ran an eBay store selling low-priced imitation VW and Audi-branded products, with Virginia federal court agreeing with a magistrate judge’s recommendation to award full statutory damages.
LOT Network, a patent-licensing initiative aimed at curbing lawsuits by so-called patent trolls, says it is expanding free membership eligibility to more companies, raising its limit from $5 million in annual revenue to $25 million, and is launching a program by which qualifying member startups may receive three free patents.
Audience measurement companies Nielsen Holdings PLC and comScore Inc. have resolved their lawsuit over comScore's plans to launch a new television viewer measurement service allegedly using data shared by Nielsen with tight usage restrictions, according to a filing in New York federal court Thursday.
In this week’s round of intellectual property attorney moves, Barnes & Thornburg boosted the IP department in its Chicago office by nabbing a seasoned patent prosecutor, while Latham & Watkins landed a former WilmerHale partner who has represented the world’s largest technology, retail and manufacturing companies in IP proceedings, and McCarter & English expanded its IP practice group in Boston with an 18-year patent law veteran. Here are the details on these notable hires.
A Massachusetts federal judge on Friday said she was "troubled" by Boston intellectual property law firm Sunstein Kann Murphy & Timbers LLP dropping a longtime software client so it could represent its rival in a patent suit.
The owner of a data encryption patent on Wednesday urged the Patent Trial and Appeal Board to reconsider its decision last month to institute a review of all the patent’s asserted claims following the U.S. Supreme Court’s recent SAS Institute ruling, arguing the board should not review any of them.
A Florida federal judge on Thursday handed a partial win to a swingers club and its owners who were accused by Playboy Playmates and other models of using their likenesses in advertisements for the club without permission, finding that the models couldn't show that consumers were confused.
The federal judge overseeing Ericsson Inc.’s cell phone patent infringement case against TCL Communication Technology Holdings Inc. has reversed course, reinstating Ericsson’s previously stricken $75 million award and topping it off with $35 million in enhanced damages and interest.
The Federal Circuit has ruled that all 17 claims in a smartphone irrigation control patent were invalid, backing the Patent Trial and Appeal Board’s ruling that had found 16 of the claims obvious and going a step further to knock out the remaining challenged claim.
President Donald Trump on Friday will target drug prices with a four-point plan intended to boost the negotiating power of private Medicare plans, reduce list prices, ease out-of-pocket costs and tackle “freeloading” by countries that more aggressively limit prices, according to senior administration officials.
A research university has sued Amazon in New York federal court for allegedly infringing its patented language processing technology with its Alexa and Echo products, which use "search and learn" technology to process conversational speech patterns and improve the devices' understanding of future voice commands.
Patent owners have been unrelenting in their message: The Patent Trial and Appeal Board should use the same standard as district courts when interpreting patent claims. While it appears they will get their wish, some attorneys believe they may soon discover the grass isn’t necessarily greener.
An inventors group has told the U.S. Supreme Court that it should review a petition by the owner of a web linking patent found invalid after it was challenged by Google, urging the high court to bar the Federal Circuit from flouting a "baseline legal norm" by affirming U.S. Patent Trial and Appeal Board decisions on different grounds than the board ruled on.
Commerce Secretary Wilbur Ross said Thursday that he was optimistic about the Trump administration’s ongoing trade discussions with China on everything from industrial policy to intellectual property rules, saying that last week’s trip to Beijing laid a solid foundation for future talks.
Fitbit Inc. seemed poised to win at least some attorneys’ fees spent in fighting a dismissed patent infringement lawsuit brought by rival Smart Wearable Technologies Inc., after a California federal judge said at a hearing Thursday that the case had been “one big, long, drawn-out, silly word game” that likely merited sanctions.
Redbox has asked a California federal court to dismiss a lawsuit from Disney that seeks to ban it from selling digital movies at its kiosks, saying Disney can’t restrict Redbox’s resale of codes through after-the-fact changes to its terms.
A patent infringement lawsuit between SZ DJI Technology Co. Ltd. and fellow Chinese drone-maker Autel Robotics Co. Ltd. is growing into a fight over international trade and alleged predatory pricing, with Autel going on the offensive with counterclaims accusing the market leader of antitrust violations.
Having won nearly $1 billion from Apple Inc. in a series of patent trials, VirnetX Inc. appealed several inter partes review decisions invalidating network security patents that Apple was found to infringe, arguing that the reviews may still be unconstitutional despite the recent U.S. Supreme Court's Oil States ruling.
Walt Disney Co.’s Lucasfilm Ltd. urged a California federal judge on Wednesday to give it a partial win in its suit accusing a mobile game app developer of ripping off the fictional card game "sabacc" from the "Star Wars" franchise empire, arguing that the developer willfully and “slavishly” used its copyrighted material without consent.
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.
A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.
To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.
Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.
In light of the Federal Circuit’s decision in Berkheimer v. HP, the U.S. Patent and Trademark Office has issued a new memorandum regarding subject matter eligibility. Patent practitioners now have a new tool to combat patent-ineligibility challenges, say Michelle Holoubek and Lestin Kenton of Sterne Kessler Goldstein & Fox PLLC.
With Federal Trade Commissioner Terrell McSweeny resigning soon, acting Chairman Maureen Ohlhausen could become the sole commissioner. The FTC seems to think it can act by a 1-0 vote, but this may be unlawful and is certainly unwise, say Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.
Affirmance of the California federal court's decision in Dodocase v. MerchSource would have an important impact on the rights of patent licensees to challenge patentability in the Patent Trial and Appeal Board, and may provide a pathway for patent owners to dispose of PTAB patent challenges, say attorneys with Goodwin Procter LLP.
While the Federal Circuit's 2016 ruling in Immersion v. HTC highlights enhanced willingness in the U.S. to not disturb the validity of many patents merely due to technicalities associated with priority claim assertions, the situation is quite to the contrary in China, as evidenced by the recent Ruike decision, say Junqi Hang and Can Huang of Dragon Intellectual Property Law Firm.
How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.
The U.K. Court of Appeal's decision last month in Regeneron v. Kymab is significant because it aligns the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office. It also highlights, for U.S. companies, the stricter standard to which patent specifications are subject in Europe, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.
One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.
The Tax Cuts and Jobs Act has imposed new limitations on a corporation’s ability to take advantage of net operating losses. Certain changes will disproportionately affect media companies, impacting their debt restructuring, acquisition and disposition strategies, say Michele Alexander and Ryan Davis of Bracewell LLP in New York.