The District of Delaware's chief judge recently held in two rulings that companies must have permanent ties to the state to face patent suits there following the U.S. Supreme Court's TC Heartland ruling, and his analysis could keep many generic-drug cases in his court. Here's what attorneys can learn from the decisions.
Norton Rose Fulbright bolstered its intellectual property practice with the addition of a former Fried Frank Harris Shriver & Jacobson LLP attorney focusing on patent litigation as a partner based in New York.
In a decision denying review of certain patents for toner-printer cartridges, an expanded panel for the Patent Trial and Appeal Board has laid out specific parameters for how multiple challenges to the same patent will be evaluated, likely limiting the number of challenges that ultimately go through, a decision attorneys say is encouraging for patent owners.
The Third Circuit’s recent decision affirming a win for GlaxoSmithKline in litigation accusing the company of stifling generic competition for antidepressant Wellbutrin XL could make it much harder for drug buyers to bring antitrust suits over reverse-payment patent dispute settlements.
A Texas federal judge rebuked Samsung on Wednesday for continuing to infringe two patents after a 2016 trial, and also awarded a higher-than-verdict ongoing royalty, but refrained from granting winner Imperium’s $6.95 million fee request until more documentation is submitted to the court.
Sports equipment maker Reebok-CCM Hockey on Wednesday hit back at a startup hockey-helmet design company’s $54,000 fee request related to a sanctions order over destroyed evidence in their contract suit, telling a Massachusetts federal judge that the helmet company shouldn’t even get half of that.
An Iowa federal judge on Wednesday said that there was enough evidence to keep intact an Iowa consulting firm’s Computer Fraud and Abuse Act claim in its lawsuit alleging that a former employee forwarded hundreds of work emails to a personal account and then set up a competing business.
A split five-judge Patent Trial and Appeal Board panel agreed Wednesday to formally review multiple claims within three patents held by Virginia Innovation Sciences Inc. related to mobile device signal conversion, after finding persuasive HTC America Inc.'s argument the claims were obvious in light of prior art.
Regeneron Pharmaceuticals Inc. asked the Federal Circuit on Tuesday for a full-court rehearing of its panel decision finding that its patent on a genetically modified mouse is unenforceable in part due to the inequitable conduct of litigators in its infringement case against Merus NV.
A California judge granted “Gone with the Wind” actress Olivia de Havilland, 101, an early trial in her right of publicity suit against FX Networks LLC over the use of her name and identity in the series “Feud: Bette and Joan,” saying her advanced age necessitated the “fast track.”
The Federal Circuit on Wednesday upheld a district court ruling that an Ohio company cannot seek preemptive invalidation of a cement patent since the patent owner has made no moves to protect it, despite litigation in Mexico involving the allegedly infringing product.
A case in which Alphabet Inc.’s self-driving car unit Waymo LLC accuses Uber Technologies Inc. of stealing its trade secrets will proceed to trial in California federal court next month after the Federal Circuit on Wednesday shut down Uber’s request to send the case to private arbitration.
The Federal Circuit on Wednesday partially upheld an Intellectual Ventures’ multi-trial victory against Motorola, affirming the validity of two of the nonpracticing entity’s patents, but finding there was insufficient evidence that the smartphone company directly infringed one of the patents.
Google Inc. and a group of banks have asked the U.S. Supreme Court to overturn Federal Circuit decisions limiting the scope of America Invents Act covered business method patent reviews, saying the rulings undermine the program and leave it “toothless.”
The Federal Circuit on Wednesday ruled Alphabet Inc.’s self-driving car unit Waymo LLC can see Stroz Friedberg LLC’s confidential Uber report in Waymo’s trade secret suit against the ride-hailing giant, rejecting an Uber executive’s arguments that disclosures in the report are protected and could incriminate him.
Tom Petty, Dan Auerbach and Gillian Welch were among more than 500 musicians and song copyright owners who objected to a $43 million proposed class settlement in a copyright suit against Spotify in New York federal court Tuesday, calling the proposed deal “grossly insufficient.”
Perry Ellis' parent company hit competitor Thom Browne Inc. with a trademark infringement lawsuit Tuesday in Illinois federal court, saying penguins featured on recent Thom Browne products too closely resemble the logo of its own Penguin clothing line.
As Apple and Samsung head toward yet another trial in the smartphone patent wars, intellectual property experts are split over the $400 million question at the center of the case — how to calculate damages when only part of a product infringes — as was evident at a panel discussion Wednesday.
An importer and distributor of so-called gray market Duracell batteries revealed itself Wednesday in an amended challenge to a U.S. Customs and Border Protection decision to restrict the products’ U.S. entry one day after a U.S. Court of International Trade judge pulled the plug on the company’s bid to proceed anonymously.
Architectural firm Soos & Associates Inc. hit Five Guys with a lawsuit Tuesday in Illinois federal court, alleging the fast food chain has violated its copyright by switching to different architects for new store designs while using Soos’ original plans without its approval.
White Knuckle IP LLC asked a Utah judge on Monday to shoot down a sanctions motion by Electronic Arts Inc., arguing it brought its patent suit against the video game giant with a good-faith belief it had a valid claim.
The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. Here, check out all of our best coverage of the case.
There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)
The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.
The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is unusual that the past few months have brought so many decisions relevant to this area of law, say attorneys with Arnold & Porter Kaye Scholer LLP.
It is hard to see how anyone reviewing the legislative history could conclude that Congress intended the covered business method program to be anything other than a cost-savings tool to be used in connection with virtually any nontechnological business method patent with a commercial nexus. As such, it is unclear why the Federal Circuit in Secure Axcess v. PNC Bank felt constrained to limit the program’s reach in the manner that it... (continued)
Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.
Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.
As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.
In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.
For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.
In Secure Axcess v. PNC Bank, the Federal Circuit greatly limited the type of patents eligible for review under the covered business method program, but a study of the legislative history quite clearly shows that the court’s interpretation does not comport with the breadth that Congress intended the CBM program to have, says Robin McGrath of Duane Morris LLP.