Almost two-thirds of Europe's patent infringement cases are lodged in Germany, where the losing side has to pay and injunctions are granted as of right, the first stop on Law360's look at prominent patent jurisdictions around the globe.
Biomet Orthopaedics Switzerland GmbH on Monday earned a second chance at accessing confidential discovery materials the company claims are needed to fight trade secrets allegations in Germany, after the Third Circuit found that a lower court’s analysis before denying the request was incomplete.
The inventor of the Invisalign clear teeth-straightening system Monday sought to revive parts of a patent underlying the technology, telling a Federal Circuit appellate panel that the U.S. Patent Trial and Appeal Board erred when it invalidated key parts of the patent as obvious.
An intellectual property attorney has brought a defamation suit against the founder of his former firm, SpencePC, in Illinois state court, claiming the founder emailed all of the attorney's clients falsely alleging he had acted unethically and potentially illegally while employed there.
It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.
A California craft brewery that sells a "Brother Thelonious" ale is pushing to end a lawsuit filed by the estate of jazz legend Thelonious Monk, saying discovery had proven "the utter falsity" of the case.
A California federal judge refused to tinker with a jury's $30 million award to data-center manufacturer BladeRoom regarding competitor Emerson's theft of business info that allowed it to win Facebook's business for a data center in Sweden.
The Trademark Trial and Appeal Board has ruled that consumers will not confuse a juice called “Antioxidant Superpower” with a beer called “Superpower,” rejecting the argument that the two types of beverage were closely related for trademark purposes.
A Texas federal judge has issued an order barring a convenience store from using its cartoon alligator logo, after a jury in May sided with popular convenience store chain Buc-ee's Ltd. in a trademark infringement row, finding the convenience store's logo infringed Buc-ee's cartoon beaver logo.
The owner of several telecommunications patents urged the Federal Circuit on Friday to leave in place its recent finding that foreign companies can be sued for patent infringement anywhere in the U.S., saying its lawsuit against Taiwan-based HTC Corp. should be allowed to proceed in Delaware.
On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.
CVS Pharmacy Inc. launched an antitrust suit in New Jersey federal court Friday accusing Pfizer Inc. of fraudulently obtaining a patent and conspiring with Ranbaxy Laboratories Ltd. to delay generic competition to the cholesterol drug Lipitor, saying the alleged scheme cost the pharmacy giant hundreds of millions of dollars.
The Federal Trade Commission is exceeding its authority by trying to preemptively block Shire ViroPharma Inc. from petitioning the U.S. Food and Drug Administration to delay generic competition based on theoretical concerns it may do so, the drugmaker told the Third Circuit in a newly filed brief.
The Federal Circuit on Friday ruled JTEKT Corp. doesn't have standing to appeal a Patent Trial and Appeal Board decision upholding part of a patent that the auto parts maker has said poses a risk to its development of a drivetrain product.
Fiat Chrysler has slapped an Indian competitor with a complaint claiming it ripped off the classic design of the Jeep, manufactured the automobile overseas and then sold it to consumers in the United States, telling the U.S. International Trade Commission that the trademark violation has undercut sales.
The Patent Trial and Appeal Board has turned down Pfizer Inc.'s challenge to a patent covering Genentech Inc.'s blockbuster cancer treatment Avastin, finding the challenger couldn't prove the patent shouldn't have been issued.
The Second Circuit has revived a nearly two-decade-old trademark fight between jean maker Lucky Brand and a smaller rival, a ruling that included a first-of-its-kind application of the doctrine of res judicata.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Honda takes exception to a new Ford "Pilot" brand, the Children's Hospital of Philadelphia goes after a rival logo, and a battle six decades in the making erupts between Jiffy Pop and Jif.
The California Institute of Technology on Thursday notched a couple of wins in its patent fight with Apple Inc. over Wi-Fi technology when the Patent Trial and Appeal Board ruled that the iPhone maker failed to show that numerous claims in one of CalTech's patents were invalid.
In this week’s round of intellectual property moves, Morgan Lewis & Bockius LLP landed a seven-member team of IP partners, while Kilpatrick Townsend & Stockton LLP brought on board a leading cross-border transaction specialist in San Francisco, and Cozen O'Connor snagged a trial lawyer seasoned with brand protection and trademark enforcement dispute experience. Here are the details on these and other notable hires.
The Chinese government teed up a new round of tariffs targeting $60 billion worth of U.S. goods Friday, ramping up its retaliation against President Donald Trump’s own sweeping tariff regime aimed at countering Beijing’s intellectual property and technology acquisition rules.
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.
What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.
The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.
Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.
The analysis underlying the U.S. Supreme Court's holding in WesternGeco v. Ion opens the door to arguments for reasonable royalty damages based on foreign activities arising from domestic infringement, say attorneys with Robins Kaplan LLP.
Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.
We studied more than 50 inter partes review institution decisions issued since the U.S. Supreme Court's SAS Institute ruling ended partial reviews at the Patent Trial and Appeal Board. The results to date are encouraging, say Stephen Schreiner of Goodwin Procter LLP and Maxine Graham of American Express Co.
The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.
A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.
The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP.
Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.