In what many are calling the most important patent case of the year, the U.S. Supreme Court will hear arguments Monday on whether to limit where patent lawsuits can be filed.
A Rhode Island federal judge on Wednesday granted a discovery bid by Warner Chilcott PLC and others in multidistrict litigation over alleged pay-for-delay settlements for the contraceptive Loestrin, as they look to gather information from a group of pharmacy buyers to determine whether they were able to sell alternatives to Loestrin to patients.
A New Jersey federal judge on Wednesday declined to toss claims in a patent infringement lawsuit over the blood thinner Angiomax, ruling that it wasn’t clear if the plaintiff’s exclusive rights over the drug’s license survived the termination of the parties’ contracts.
AstraZeneca AB and Zydus Pharmaceuticals USA Inc., an American subsidiary of Indian drugmaker Zydus Cadila, have settled a New Jersey federal lawsuit alleging that Zydus' plans to manufacture generic versions of Nexium infringe AstraZeneca’s patents on the heartburn drug.
Months after a California federal jury found that Office Star ripped off the overall look of furniture company Herman Miller Inc.’s famous Eames office chairs and awarded Herman Miller $8.4 million, Herman Miller said it wants an additional infringement ruling and Office Star argued that the Eames trade dresses are invalid.
Dow Pharmaceutical Sciences Inc. and Valeant Pharmaceuticals slapped Actavis Laboratories UT Inc. with a patent infringement suit in New Jersey federal court Wednesday over Actavis’ abbreviated new drug application to market a generic form of Valeant anti-acne gel Onexton.
The Patent Trial and Appeal Board declined Wednesday to institute an America Invents Act covered business method review of a Versata Development Group Inc. software patent that was challenged by Ford Motor Co., finding the patent was not eligible for the review program.
The Ninth Circuit on Wednesday asked California’s highest court to weigh in on whether radio services like Pandora Media Inc. must pay millions in new royalties to stream songs recorded before 1972.
The Federal Circuit on Wednesday affirmed a lower court's ruling that a FormFree Holdings Corp. patent on technology for providing credit reports is invalid for claiming only abstract ideas, going so far as to call the patent "the height of abstraction."
The two-month-old litigation law firm Pierce Sergenian LLP has hired a Kirkland & Ellis partner and Quinn Emanuel counsel to join its fast-growing team of high-stakes trial lawyers practicing out of its Los Angeles office, the firm said.
A New York federal judge has signed off on MasterCard International Inc.’s voluntary dismissal of a $5 million talent-poaching suit against Nike Inc. that accused the sportswear company of luring top cybersecurity talent away from MasterCard in violation of noncompetition agreements.
The owner of an LCD technology patent invalidated by Sony and Epson at the Patent Trial and Appeal Board doubled down Wednesday on its efforts to get the full Federal Circuit to review whether America Invents Act reviews are constitutional, saying confusion surrounding prior rulings must be remedied.
Most of the Trump administration's trade policy has focused on overhauling the North American Free Trade Agreement and imposing punitive tariffs, but Tuesday's hearing to consider a new U.S. trade representative brought to light the litany of other trade issues facing the White House.
Audio equipment manufacturer D&M Holdings Inc. has lost a challenge to four Sonos Inc. patents that it has been accused of infringing, after a Delaware federal judge ruled that the patents are not invalid under the U.S. Supreme Court’s Alice decision.
A federal judge in Texas has barred the phrase “presumption of validity” from an upcoming patent infringement trial over Eli Lilly and Co.’s erectile dysfunction drug Cialis, saying the wording could trip up the jury.
The maker of actor Dan Aykroyd's Crystal Head Vodka told a California federal jury during Wednesday's opening statements in the trade dress infringement case that a rival spirits company is selling tequila in a “cheap knockoff” of its distinctive skull-shaped bottle.
La-Z-Boy Inc. urged a Florida federal judge on Tuesday to grant it a new trial after being hit with a $6 million verdict for failing to pay an automated footrest inventor royalties for using its patented technology, saying the court's "11th-hour decision" to invalidate five of its defense arguments deprived it of its Seventh Amendment rights.
The Federal Circuit on Wednesday affirmed a California federal court’s ruling that a patent covering a method for deriving a pixel color in a graphic image that was asserted against Pixar and others is invalid as abstract under the U.S. Supreme Court’s Alice ruling.
Anheuser-Busch was nipped by a trademark lawsuit Wednesday over its Super Bowl ad reviving long-dormant canine mascot Spuds MacKenzie — a case filed by an "entrepreneur" who claims he took ownership of the rights to the character after the beer giant abandoned them.
Ford Motor Co. has settled a suit brought by Jakuta Diodes LLC, a manufacturer of light-emitting diode products, alleging Ford infringed one of Jakuta’s patents related to LED directional control technology in the headlights of certain vehicles, according to a Tuesday filing in Texas federal court.
A group of experts commissioned by the U.S. Chamber of Commerce released a report Tuesday calling for more coordination of competition and international trade policies to prevent other countries from using antitrust enforcement actions inappropriately.
A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.
Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.
Under current U.S. International Trade Commission precedent, a complainant is generally required to show the presence of commercially significant levels of domestic inventory to obtain a cease-and-desist order. However, recent ITC decisions have revealed differing commissioner viewpoints regarding whether, and the circumstances under which, a CDO should issue, says Benjamin Levi of McKool Smith PC.
The nonreviewability of Patent Trial and Appeal Board institution decisions creates problems for the PTAB, the parties and the public. An en banc review procedure would go a long way toward solving those problems, say attorneys with Latham & Watkins LLP.
I’m not confident that trying to hold the Trump Organization liable for President Donald Trump’s own constitutional violations will work. But there might be other legal theories under which a state attorney general could argue that Trump-owned companies act unlawfully when they receive emoluments. Consider a core white collar criminal statute — conspiracy to defraud the U.S., says Randall Eliason, a former federal prosecutor.
The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.
We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.
Rule 36 plays an important role in allowing the Federal Circuit to manage its docket, but it has costly downstream effects, giving nonpracticing entities and other serial plaintiffs multiple bites at the apple. Two alternatives to Rule 36 would better serve the interests of judicial economy, say Stefan Szpajda and Charlene Morrow of Fenwick & West LLP.
The Patent Trial and Appeal Board's recent inter partes review decision in World Bottling v. Crown demonstrates that secondary considerations have the potential to alter the evidentiary landscape and recast factors favoring invalidity into proof of patentability, say Reid Dodge and Richard Marsh of Faegre Baker Daniels LLP.
Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.