The Federal Circuit’s decision Monday rejecting the University of California’s efforts to secure control over patents on the breakthrough gene-editing system CRISPR in a fight with the Broad Institute leaves an unsettled patent landscape for the technology that could spur the parties to strike a deal, attorneys say.
A Massachusetts federal judge on Tuesday released Swedish medical device company Getinge AB from a battle over the legal rights to a blood pump method, saying Abiomed Inc. had failed to claim Getinge had any stake in the contested patent.
Despite a federal jury's finding earlier this year that Apple Inc.'s infringement of four VirnetX Inc. patents was willful, a Texas federal judge declined to double a $502.6 million award, according to an order unsealed Tuesday.
The U.S. Patent and Trademark Office’s has sworn in a new director of its Detroit-based Midwest regional office, an intellectual property attorney who spent nearly three decades overseeing Ford Motor Co.’s patent portfolio, the USPTO announced in a tweet Tuesday.
A group of generic-drug makers urged a Federal Circuit panel Tuesday to nix patents upheld, and found infringed, for Depomed Inc.’s opioid painkiller Nucynta, arguing that the patents cover follow-on developments that offered no improvement on an older invention or would have been obvious for others to try.
Apple has asked a California federal judge to trim a slew of counterclaims launched by Qualcomm in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, arguing that the court can't step in to decide whether Qualcomm satisfied its commitments to offer patent licenses to rivals but has enough evidence to find it double-dipped on sales and royalties.
Apple Inc. has urged a Florida federal court to foist any damages in a smartphone patent suit onto Qualcomm Inc., saying patent holder ParkerVision Inc.'s infringement claims against both tech giants only apply to Qualcomm chips inside phones and that Apple merely buys the devices.
Uniloc on Friday urged the Patent Trial and Appeal Board to reconsider its decision not to allow the company to amend a patent in inter partes review, arguing the board should never have analyzed whether the substitute claims were patentable under the Supreme Court’s Alice decision.
The Patent Trial and Appeal Board on Tuesday upheld the validity of a computer network patent owned by Cisco Systems Inc., finding after the case was sent back from the Federal Circuit that the patent claims challenged by Arista Networks Inc. are not obvious in light of prior art.
Respiratory medical device maker ResMed Inc. has ramped up its patent fight with a rival, asking the International Trade Commission to block imports from New Zealand and simultaneously filing a patent suit in California federal court.
The Federal Circuit ruled Tuesday that a Delaware federal judge incorrectly granted summary judgment that T-Mobile USA Inc., U.S. Cellular Corp. and Ericsson Inc. did not infringe an Intellectual Ventures LLC telecommunications patent, saying the decision was based on an incorrect claim construction.
The Trademark Trial and Appeal Board has ruled against the web company once known as Ask Jeeves, refusing to cancel a smaller company’s trademark registration on the term "AskBot."
SAP SE urged a California federal court on Friday to dismiss a suit brought by data analytics company Teradata Corp. that accuses the software maker of stealing trade secrets through their collaboration and using them to launch an anti-competitive product, calling the product “revolutionary” and saying it was developed independently.
Par Pharmaceutical is being premature by asking a D.C. federal court to enjoin a nonfinal policy regarding whether drugs like Par's blood pressure medication vasopressin can be compounded by outside companies, the U.S. Food and Drug Administration told the court.
The Patent Trial and Appeal Board has said it can analyze just a single claim when deciding whether to examine a patent in America Invents Act review, standing by an approach that has become more common in the wake of the U.S. Supreme Court's ruling in SAS Institute.
A group of retired NFL players is urging a federal judge to undo a decision that barred them from collectively suing Electronic Arts Inc. for featuring them in Madden video games, saying it would run afoul of a famous ruling won by singer Bette Midler.
PepsiCo's Frito-Lay Inc. is urging a North Carolina federal judge to uphold a ruling by the Trademark Trial and Appeal Board that “pretzel crisps” is a generic phrase, saying that rival snack maker Snyder’s-Lance has twice been shut down by the board and is now “desperate for a different outcome” in court.
The American Bar Association on Tuesday jumped into a U.S. Supreme Court case over whether copyright owners must fully register their works before suing, urging the justices to allow for "speedier" filing of infringement lawsuits.
The Ninth Circuit on Friday ruled that it would not grant a full panel reconsideration of its decision in the “monkey selfie” case, that animals cannot sue for copyright infringement, a decision that ended a dispute over who had rights to a photograph taken by a macaque.
MLB Advanced Media on Friday sought arbitration for claims that it poached a key employee from its graphics partner and asked a New York federal court to invalidate as abstract a patent that covers video graphics that show the strike zone and a ball’s path.
Bob Ross Inc. might not be painting any more happy little trees to brighten up rearview mirrors after an air freshener company famous for its own pungent pines accused the company of copying its tree designs, according to a trademark suit entered Friday in New York federal court.
One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.
After a three-year surge, patent suits at the Federal Circuit leveled off last year as the court showed signs of adjusting to its bustling workload. The judges found time to write more opinions, and they reached greater consensus, penning fewer separate concurrences and dissents than in 2016.
Following the U.S. Supreme Court's SAS decision, those faced with an inter partes review petition are unsure whether it is worthwhile for the patent owner to consider filing a preliminary response. But based on 21 recent IPR decisions to institute a trial, it appears that the preliminary response still has potential value, says Christopher McKee of Banner & Witcoff Ltd.
The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.
The Patent Trial and Appeal Board's 2017 Jung decision — recently designated as "informative" — establishes that the U.S. Patent and Trademark Office presumes a narrower interpretation of the phrase “at least one of A and B” than many courts and board panels have previously found, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.
While the Federal Circuit's conclusion in SAP v. InvestPic meshes nicely with years of Section 101 jurisprudence, the decision awkwardly invoked an antiquated rationale, say Jeffrey Mann and J. Colby Van Horn of Stroock & Stroock & Lavan LLP.
The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.
Under the Hatch-Waxman Act, what happens to a first applicant’s 180-day exclusivity when the Federal Circuit issues a final decision rendering less than all of a patent's claims invalid or not infringed? We have not found a court or U.S. Food and Drug Administration decision that has considered this question, say Jaimin Shah and Steve Auten of Taft Stettinius & Hollister LLP.
As people begin to consider the possibility of changes in the commercial relationship between North Korea and the United States, businesses and even intellectual property attorneys may realize how little they know about trademarks in North Korea, says Jorge Espinosa of Espinosa Martinez PL.
Stepping through Alice’s two-part test for determining whether a patent impermissibly claims an abstract idea often feels like falling down a rabbit hole. In his dissent last week in Interval Licensing v. AOL, Federal Circuit Judge S. Jay Plager proposed two solutions. I support one but am skeptical of the other, says Andrew Michaels, a professor at the University of Houston Law Center.
The Federal Circuit's decision in St. Regis v. Mylan rejected tribal sovereign immunity as a defense against the U.S. Patent and Trademark Office's inter partes review process. Had the court ruled in favor of St. Regis, every holder of questionable U.S. patents would be rushing to Native American tribes, seeking deals to shelter possibly bogus rights, says John Thorne of the High Tech Inventors Alliance.
While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.