U.S. Supreme Court justices on Tuesday wrestled with the idea that the America Invents Act may have narrowed the on-sale bar in patent cases, while leaving open the door for a possible exception to the bar for activities that aren’t commercial sales.
An Indiana jury has found Medtronic PLC owes an Indianapolis spine surgeon $112 million for failing to pay him royalties on his spinal implant patents that he had assigned to the medical device company more than a decade ago, according to Medtronic's public filings.
Six months after the U.S. Supreme Court put an end to the Patent Trial and Appeal Board’s ability to pick what claims it examines in America Invents Act reviews, the dust has begun to settle, providing a picture of what life looks like after SAS Institute.
The Federal Circuit on Thursday refused to protect a subsidiary of Thermo Fisher Scientific Inc. from a discovery order in ongoing patent infringement litigation brought by medical supplier Becton Dickinson & Co., forcing the biotech company to hand over emails between its in-house counsel and employees that were shared with a third-party company.
The Federal Trade Commission and Qualcomm each have asked a California federal judge to exclude several pieces of evidence from the trial scheduled for January in the agency’s challenge of the chipmaker’s licensing practices for its cellular technology.
A split Federal Circuit has upheld a Kansas jury's $140 million verdict that found Time Warner Cable's internet voice service infringed five of Sprint's patents, while a judge said in a dissent that the case involves a "remarkable mismatch between the narrow patent disclosures and the exceedingly broad claims."
Google has urged the full Federal Circuit to reconsider an earlier decision undoing an Alice win for the tech giant over three spreadsheet patents owned by a unit of patent licensing company Acacia Research, arguing that the “dangerous” ruling allows future litigants to claim that electronic versions of familiar ideas are patentable when they are not.
Charles K. Verhoeven, the co-chair of Quinn Emanuel Urquhart & Sullivan LLP’s national intellectual property litigation practice, headed the team representing Google’s Waymo in a high-profile case against Uber over self-driving car technology, landing him a spot as one of Law360’s 2018 Intellectual Property MVPs.
In this week’s round of intellectual property attorney moves, Glaser Weil takes on a veteran litigator fresh off of a Ninth Circuit win against CBS, Neal Gerber hires a partner with 10 years of experience for its Chicago office, and Saul Ewing nabs a pair of patent attorneys with more than 50 years of combined experience. Here are the details on these and other notable IP hires.
Dickinson Wright PLLC has beefed up its intellectual property practice with a group of five attorneys from Mayback & Hoffman PA, along with a former Scotts Miracle-Gro Co. trademark attorney, the firm announced.
The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's determination that the asserted claims of a patent covering methods for joining and sealing pipe ends together are invalid as either obvious or anticipated.
LL Cool J slapped a California concert promoter with a federal trademark infringement suit Tuesday, accusing the entertainment company of using the name of one of the hip hop mogul’s most famous songs without his permission.
The Judicial Panel on Multidistrict Litigation questioned the need to create an MDL for three patent cases over graphic arts technology on Thursday, with one judge saying the lawsuits appeared “manageable” on their own.
The Patent Trial and Appeal Board on Wednesday upheld a Hoffman-La Roche Ltd. unit’s patents for purifying antibodies used in medicine, rejecting contentions by Pfizer Inc. that the patents were invalid as anticipated or obvious over prior art.
The Seventh Circuit declined Thursday to determine whether daily fantasy sports violated Indiana criminal law, putting an end to a proposed class action of college athletes seeking to stop DraftKings and FanDuel from using their names, likenesses and statistics without permission.
President Donald Trump and Chinese President Xi Jinping are slated for a closely watched meeting at this week’s G-20 summit after a monthslong brawl that has imposed hefty tariffs on one another’s goods, but the prospects for an immediate halting of the conflict are looking slim.
Glaser Weil Fink Howard Avchen & Shapiro LLP in the Los Angeles area has taken on a new partner, a veteran litigator and principal from McKool Smith Hennigan PC whose recent Ninth Circuit win against CBS bolstered his transition to chairman of Glaser Weil's intellectual property department.
The Patent Trial and Appeal Board has upheld a patent covering Akorn Inc.’s glaucoma medication Zioptan, following an inter partes review in which the board pressed forward despite the challenger backing out.
The Federal Circuit on Thursday affirmed a Tennessee federal court's dismissal of an infringement suit over patents covering folding tables, agreeing that the China-based owner of the patents lacks sufficient contact with the state for the case to proceed.
The Wisconsin Alumni Research Foundation has urged the full Federal Circuit to reconsider an earlier ruling that flipped a $506 million award against Apple over a computer processor patent, arguing that the panel erred in adopting Apple's construction of a claim term when a lower court had found that the iPhone maker had waived its chance to make that argument.
A California federal judge on Wednesday held that a Walmart clothing supplier isn’t entitled to coverage from a Chubb Ltd. insurer for the sums it spent defending and settling a lawsuit accusing the retail giant of infringing a mixed martial arts apparel company’s trademarks, on the grounds that the underlying action didn’t allege a covered advertising injury.
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
U.S. Patent and Trademark Office Director Andrei Iancu told Law360 in an interview Thursday that the many changes he has spearheaded during his busy first year in office should provide a clearer landscape where patentees and the public know better how patent disputes might play out.
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
In a recent U.S. International Trade Commission investigation, complainant BiTMICRO was able to rely upon its research and development investments to satisfy the domestic industry requirement without meeting the higher legal threshold usually required for R&D, say Paul Goulet and Cyrus Frelinghuysen of Winston & Strawn LLP.
Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.
For abbreviated biologic license applicants that elect to engage in the patent dance process, recent federal litigation for the antibodies trastuzumab and adalimumab in California and Delaware points to different approaches that parties can take, say attorneys at Axinn Veltrop & Harkrider LLP.
If you read about the role of antitrust law in regulating the conduct of standard-essential patent owners, you may find yourself a bit confused over exactly what that role is. The current state of the law is more nuanced than recent discussions suggest, says Thomas Cotter, a professor at the University of Minnesota Law School.
The U.S. and China are leading the charge on artificial intelligence. But if both try to double-lock their doors when it comes to developing and owning the technology, they run the risk of locking into mediocrity, say Rodger Sadler of Cote Capital and Chuan Shen of China's Intellectual Property Publishing House.
Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.
In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.
While deciding to admit a Squirt survey in the trademark dispute Hypnotic Hats v. Wintermantel, a New York federal court also dismissed the potential use of an Eveready survey because the senior mark is not "top of mind." This assertion, presented as if it were a settled matter, is in reality somewhat contentious, say members of Analysis Group Inc.
Only a small minority of the U.S. Supreme Court has been concerned with the “administrative threat” in intellectual property law, but that may grow with the addition of Justices Neil Gorsuch and Brett Kavanaugh, say William Atkins and Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.
While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.