Pharmaceutical firms like Pfizer Inc. are accustomed to having their patents for brand-name drugs challenged by generics makers at the Patent Trial and Appeal Board. But companies that make innovative new drugs may increasingly find challenges coming from another front: other brand companies.
A Tennessee federal court has taken notice of the patent venue test U.S. District Judge Rodney Gilstrap laid out following the U.S. Supreme Court’s TC Heartland decision, citing the judge’s ruling and ordering additional briefing about whether a case over a patent for a bed bug trap should be dismissed.
U.S. Rep. Lamar Smith, R-Texas, urged the full Federal Circuit on Tuesday to review a panel decision that the America Invents Act’s on-sale bar rule renders patents invalid if the invention was sold prior to patenting even if the sale did not publicly disclose the invention, saying it’s not what Congress intended.
Once again, the law firms that filed the most copyright suits in the second quarter of 2017 were small, specialized outfits that lodge many infringement cases over a single type of work, such as photography.
The firms filing the most trademark lawsuits over the second quarter of 2017 were once again led by specialized anti-counterfeiting boutiques representing top fashion and apparel brands.
The list of law firms that filed the most patent cases in the second quarter of 2017 includes several firms from Texas and Delaware, often representing patent owners in cases against big-name companies over computer technologies or branded drug companies taking on generics makers.
The widow of Lynyrd Skynyrd frontman Ronnie Van Zant testified Tuesday in a New York federal court that she would never in a million years have agreed to allow the band's former drummer to make a film about the plane crash in which Van Sant and others in the band died, in violation of a 1988 consent order limiting the use of the band's name and history.
Two former Novak Druce Connolly Bove & Quigg LLP partners have inked a $500,000 settlement in their wage dispute with the troubled firm, and their attorney told Law360 on Tuesday he may pursue their former partners or Polsinelli PC, where many moved, in order to collect.
Amazon has asked the Federal Circuit to reissue a nonprecedential decision from May affirming the e-tailer didn’t infringe design patents on stuffed animal pillowcases as precedential, arguing Monday the ruling “adds significantly to the body of law.”
An infringement suit over a website hosting patent that was filed just weeks before the U.S. Supreme Court’s TC Heartland decision should remain in the Eastern District of Texas, a judge said, finding BigCommerce Inc. lost its chance to fight venue by not raising the issue in earlier filings.
The Federal Trade Commission on Tuesday approved a monitor to oversee future agreements related to Endo Pharmaceuticals’ resolution of agency claims that it used pay-for-delay settlements to block consumers’ access to generic versions of drugs including Lidoderm.
Giganews and Livewire Services hit Perfect 10 with a suit in California federal court Monday, alleging the adult entertainment company has failed to hand over the more than $5.6 million it was ordered to pay the two companies in 2015 following its failed copyright infringement suit against them.
Drugmaker Momenta Pharmaceuticals Inc. and its partner in developing the first generic of the blood thinner enoxaparin told a federal jury in Boston on Tuesday that rival Amphastar stole its breakthrough testing technology, costing the Massachusetts company nearly $1 billion.
Bankrupt barbecued meat distributor Rupari Food Services Inc. said in a reply brief late Monday in Delaware that Tony Roma’s Steakhouse is wrong in its argument that a lucrative licensing agreement for Roma-branded meats cannot be assumed and assigned in Rupari's bankruptcy sale.
An artificial Christmas tree-maker said Monday there was nothing Grinch-like in its move to hire a lawyer who used to work with the California federal judge overseeing the company's patent infringement battle, arguing that the judge's subsequent recusal was unnecessary and its opponents' bid to disqualify the attorney unwarranted.
A now-defunct San Francisco-based startup told a California federal jury during the first day of trial Monday that Orange SA hacked its proprietary phone application to steal its technology allowing users to call friends through social media sites without their phone numbers, weeks before the French telecom giant launched a similar service with Facebook.
Google, Amazon, Intel and five other top technology companies joined forces Monday to form the High Tech Inventors Alliance, a group that says it aims to advocate a balanced patent policy.
The Federal Circuit on Monday faulted Eastern District of Texas Judge Rodney Gilstrap’s decision not to impose a permanent injunction on Metaswitch after it was found to infringe Genband’s telecommunications patents, saying he possibly used too strict a test to make his decision.
Fitbit Inc. was slapped with a patent infringement suit in California federal court Monday from Immersion Corporation that accuses the wearable technology company of illegally using Immersion’s so-called “haptic” feedback technology in its health and fitness devices.
Morgan Lewis & Bockius LLP announced Monday that it has landed a former leader of the product liability and life sciences groups at Eckert Seamans Cherin & Mellott LLC — who handles competition, intellectual property and other contractual disputes — to serve as a partner in its Pittsburgh office.
Otsuka Pharmaceutical Co. Ltd. urged a Federal Circuit panel Monday to revive its suit against pharmaceutical companies seeking to market generic versions of the antidepressant Abilify, arguing a New Jersey federal judge ignored what an expert would know about drug dosages.
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.
In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.
The American patent system has been weakened by recent court decisions and unintended consequences of the post-issuance proceedings at the U.S. Patent and Trademark Office. That is why I introduced the STRONGER Patents Act on Wednesday, says Sen. Chris Coons, D-Del.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
One of the more interesting changes under the 21st Century Cures Act for combination products is that certain device applications for drug-device combination products will be subject to some of the Hatch-Waxman Act provisions that typically apply only to drugs, say Shana Cyr and Tom Irving of Finnegan Henderson Farabow Garrett & Dunner LLP.
Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.
A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.
Since the U.S. Supreme Court's recent Lexmark decision held contractual limitations to be outside the scope of a patentee’s rights under the patent law, restrictions on sales of patented objects will be subject to unfair competition, antitrust and patent misuse law, says James Kobak, general counsel of Hughes Hubbard & Reed LLP.
Most social media influencers are young and successful, a combination that can create great opportunity for your company, as well as major pitfalls. Some contract provisions can help keep things on track, says Neal Tabachnick of Wolf Rifkin Shapiro Schulman & Rabkin LLP.