Following the U.S. Supreme Court’s decision limiting where patent suits can be filed, attorneys foresee heated battles in court over what constitutes a company’s “place of business” for venue purposes, as patent owners aim to blunt the ruling’s impact and keep cases in their favored districts.
Apple must turn over documents requested by Nokia that disclose details of unreleased iPhones and iPads, a U.S. International Trade Commission judge has ruled in a patent infringement probe, saying Apple is "not unique" in its desire to keep future products under wraps.
A patent holding company hit Sony Corp. with an infringement suit in Delaware federal court Monday, alleging the tech giant’s PlayStation virtual reality headsets infringe two patents.
The parent company of the Tony Roma’s Steakhouse chain objected Tuesday to the inclusion of a product licensing agreement between the chain and bankrupt meat distributor Rupari Food Services Inc. in the debtor’s list of contracts to be assumed and assigned in a Chapter 11 asset sale.
Attorneys navigating the intellectual property landscape in the wake of the America Invents Act agreed Tuesday that the Patent Trial and Appeal Board remains fair to patent holders but that improvements are needed to make proceedings more consistent across the body of nearly 300 judges.
A New York federal court said Monday that it will not disturb its decision allowing Rovi Corp. to pursue patent litigation against Comcast before the International Trade Commission in a dispute over patents for on-screen TV programming guides.
An Illinois federal jury awarded a small Chicago-area business almost $6 million after finding Sears Holdings Corp. and Apex Tool Group LLC infringed two patents for a hybrid pliers-wrench tool, in what the business owner called a “David vs. Goliath case.”
A coalition of technology behemoths began making overtures to newly minted U.S. Trade Representative Robert Lighthizer on Tuesday, laying out their priorities for the country’s digital trade policy, including loose data flow rules, balanced intellectual property provisions and a trimming of customs red tape.
Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have agreed to pay $60.2 million to resolve long-running multidistrict litigation accusing them of a pay-for-delay scheme for the potassium supplement K-Dur, according to a motion Monday asking a New Jersey federal judge to bless the settlement.
A Wisconsin federal judge clarified his April decision that a company accused of infringing a snowplow mount patent may only appeal defenses included in an inter partes review rejected by the Patent Trial and Appeal Board, asserting on Tuesday that the company was entitled to meaningful judicial review of every ground of invalidity presented to the board.
Netflix Inc. on Tuesday urged a California judge to toss a bankrupt film studio’s breach of contract suit alleging that Netflix attempted to stream the studio's films for free by circumventing theatrical releases necessary to determine licensing fees, arguing that a bankruptcy court had already litigated the dispute.
The Ninth Circuit ruled Tuesday that “Google” has not become a generic trademark like "aspirin" or "thermos," rejecting a case claiming the tech giant had lost control of the name because of widespread use of “google” as a verb.
An Oregon federal judge on Monday levied $6.4 million in sanctions against a Chinese manufacturing company accused of making and selling utility trailers that infringe the trademarks and copyrights of the trailers' designer who brought the suit for violating a permanent injunction, saying the amount is reasonable.
U.S. Patent and Trademark Office Director Michelle K. Lee on Tuesday stood by the fairness of intellectual property challenges under the more than 5-year-old America Invents Act and the Patent Trial and Appeal Board processes it created, arguing that despite appearances, the PTAB is not predisposed against patents.
An investment vehicle run by Bermuda-based private equity firm Oakley Capital Investments Ltd. has agreed to buy a majority stake in Ottawa-headquartered TechInsights, which provides intellectual property consulting, patent brokerage and technical reverse engineering services, the companies said on Tuesday.
A former Gibson Dunn & Crutcher LLP partner has jumped to Dilworth Paxson LLP in New York, bolstering the firm’s intellectual property and emerging company practice with a background that includes cutting-edge work on artificial intelligence, blockchain, risk-related technologies and cybersecurity.
Scientific Games Corp. on Monday asked an Illinois federal judge to exclude the opinion of an expert witness in an automatic card-shuffling company's antitrust suit claiming the gaming technology company tried to defraud the U.S. Patent and Trademark Office, arguing that the expert’s opinions are not relevant.
Facebook, Google and other tech giants are urging the full Ninth Circuit to rethink a ruling last month that websites can lose copyright safe harbor immunity if they use “community moderators,” warning that the decision has already led to “tremendous uncertainty” online.
Snapchat urged a California federal judge Monday to toss Vaporstream’s patent infringement suit, saying the confidential communication company’s patents for “reducing traceability” of an electronic message are invalid under Alice because they cover an abstract idea on a generic computer without adding anything inventive.
A Maryland federal jury on Friday found that a garden center in the state had stolen nearly two dozen copyrighted photographs from landscaping plant company Under A Foot’s website and marketing materials, and awarded the landscaping company $900,000 in damages.
InterDigital Communications Inc. agreed to drop infringement claims over a wireless technology patent against Nokia Inc. in Delaware federal court Monday after the patent was found invalid, while Nokia parent Microsoft agreed to drop antitrust claims against InterDigital over an alleged failure to offer fair licensing terms.
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.
Generally, Patent Trial and Appeal Board decisions concerning antedating references turn on the sufficiency of the evidence submitted by patent owners, say attorneys with Buchanan Ingersoll & Rooney PC.
Despite the potential for the Defend Trade Secrets Act to grant severe remedies to plaintiffs in federal trade secret claims, in the year since its implementation, the limitation of ex parte seizure to “extraordinary circumstances” may not provide plaintiffs with the leverage they initially anticipated, say Jay Hermele and Abigail Brown of Moye White LLP.
If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.
A recent Law360 guest article suggests that the analytical approach “may be a helpful tool in the complex analysis often required to determine a reasonable royalty.” In fact, the actual implementation of the analytical approach has little basis in business practice or in economics, and is generally inappropriate for the valuation of intellectual property, says Alan Cox, chairman of NERA Economic Consulting's IP practice.
Nonmillennials usually approach things like virtual reality from the perspective of what we know as the “real” world. We compare objects and interactions with how they would be if generated by Mother Nature. This is the greatest challenge for intellectual property professionals working in a virtual environment, say Elizabeth Ferrill of Finnegan Henderson Farabow Garrett & Dunner LLP and Joacim Lydén of Awapatent.
The Cleaning Product Right to Know Act of 2017 was recently introduced in California and is intended to require manufacturers to disclose the ingredients in their cleaning products. The bill contributes to the increasing legislative trend in California — and elsewhere — of consumer product right-to-know initiatives, say Thomas Manakides and Krista deBoer of Gibson Dunn & Crutcher LLP.
Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.
I read with great interest the two-part Law360 guest article on the state of the intellectual property boutique and the rebuttal from the perspective of general practice firms. But both articles, while well-written and ably supported, overlook the importance of trademark and copyright practices and the many lessons that can be learned from the new crop of IP boutiques, says Peter Sloane, chairman of Leason Ellis LLP's trademark and... (continued)
The U.S. Supreme Court's recent decision in SCA Hygiene rejected the equitable defense of laches in some patent cases, but equitable estoppel may still be a defense within the six-year patent statute of limitations. Defendants have invoked successfully the equitable estoppel defense in situations where laches is now barred, say attorneys with Eversheds Sutherland (US) LLP.
Newly sworn-in U.S. Supreme Court Justice Neil Gorsuch penned a now-famous Tenth Circuit concurrence last year questioning whether deference doctrines are consistent with constitutional separation of powers. More recently, the U.S. House passed legislation to eliminate many applications of Chevron and Auer deference. This would have profound effects on patent-related administrative proceedings, say Matthew Berkowitz and Patrick Col... (continued)