The Delaware chancellor on Wednesday denied patent licensing firm DataTreasury's request to appeal his July decision to allow Chase Bank's bid to recover a $69 million court-ordered royalty refund to proceed, ruling there is no need at this time for the Delaware Supreme Court to weigh in on Chase's suit.
A California federal judge said Thursday he’ll appoint a special master to review BladeRoom's billing records and decide whether Emerson Electric Co. owes the data center manufacturer $21 million in attorney fees after a jury found the company used stolen trade secrets to land a $200 million Facebook contract.
A California federal judge appeared skeptical Thursday that an attorney is entitled to bring a whistleblower False Claims Act suit alleging Valeant Pharmaceuticals fraudulently obtained a patent to block generic Apriso, saying the complaint appeared to come from public information and that “my grandmother could have filed this case."
Energy company Gravitas Resources Corp. can proceed with its claim for over $100 million against a private equity firm it says used confidential information to buy a 40,000-acre oil and gas property in Utah, a Texas appellate court has ruled.
CVS Pharmacy Inc. and its 340B Drug Pricing Program administrator Wellpartner LLC are again asking a Florida federal judge to shut down a rival administrator's allegation that the pair is engaging in unlawful tying, arguing that the competitor's latest claim is still too vague.
The Second Circuit on Thursday ordered a lower court to take another look at whether a trademark suit that New York & Co. lost was exceptional enough for the retailer to pay attorney fees under the looser standards set by the U.S. Supreme Court's Octane Fitness ruling.
Booking.com is asking the U.S. Supreme Court not to hear a case over whether the company's name is too generic for trademark protection, urging the justices to reject concerns about anti-competitive impact.
Apple has asked the Federal Circuit for another shot at requesting en banc rehearing in a $439 million case, after the VirnetX patent claims it was found to infringe were invalidated last week in what the tech giant called an "extraordinary collision" of proceedings in the court and the patent office.
A Texas federal judge has tossed out a copyright lawsuit against ESPN Inc. and Chick-fil-A because the accuser cited the wrong version of the song in its complaint, but is also giving the plaintiff a third shot to refile the case.
The Eleventh Circuit agreed Wednesday with a Georgia jury's favorable ruling for luxury eyewear manufacturer Luxottica in a trademark dispute over a discount mall selling knockoffs of its brands, ruling evidence the landlords had "constructive" knowledge of their tenants' infringement is enough to support the $1.9 million verdict.
Payment processor Citcon USA told a California federal judge on Wednesday that it has video evidence proving rival platform RiverPay Inc. lied about its capabilities, defeating its counterclaims in a spat over trade secrets.
Apple has urged the U.S Supreme Court to reject a petition from the University of Wisconsin-Madison's licensing arm in a $506 million patent case, arguing the claim construction question raised is based on a misinterpretation of the Federal Circuit's ruling in favor of the tech giant.
A mashup of Dr. Seuss and "Star Trek" was not protected by copyright law's fair use doctrine because it did not transform the famed author's work, and instead merely "aped" it, Seuss' estate told the Ninth Circuit in a bid to revive an infringement suit.
U.S. Patent and Trademark Office head Andrei Iancu needs to "get his act together" by learning the difference between "joinder" and "consolidation" when sorting out sticky patent disputes, a Federal Circuit judge said from the bench on Wednesday.
The Federal Circuit on Tuesday was urged to find that the Federal Reserve banks are barred from challenging patents under the America Invents Act in light of a recent U.S. Supreme Court ruling that the government is not a “person” allowed to file such challenges.
Pitching it as an unanswered legal question, a company that won a $706 million jury verdict in a trade secrets dispute over home appraisal technology has asked the Texas Supreme Court to keep records that had been admitted as trial exhibits sealed.
HBO must face some accusations that it poached an artist's painting for the fictional character Slenderman in its 2016 documentary about the attempted murder of a child, a New York federal judge ruled Tuesday.
Energy drink maker Vital Pharmaceuticals Inc. accused rival Monster Energy Inc. of orchestrating a smear campaign against Vital's energy drink Bang while peddling its own Bang knockoff Reign, according to a suit filed Wednesday in Florida.
A Federal Circuit panel appeared perplexed Wednesday by how to approach assigning value to a large portfolio of Ericsson patents in its ongoing tussle with TCL Communication Technology over licensing rates for standard-essential wireless technology.
A dozen free market organizations pressed the U.S. Department of Justice on Wednesday to re-up sunsetting consent decrees governing music licensing groups BMI and ASCAP, arguing the "inherently anti-competitive" music industry still needs these regulations to keep the playing field even.
The Trump administration’s tussle with China continued in earnest Wednesday as it published a rule barring government agencies from doing business with telecommunications giant Huawei, which the White House has designated a threat to U.S. security interests.
Enzo Life Sciences Inc. has urged the Federal Circuit to reconsider its earlier decision invalidating a pair of DNA testing patents, arguing that a panel improperly relied on testimony to find that the patents didn't adequately explain how to make the inventions.
Three Republican senators are demanding answers from Google about its relationship with Huawei and a new smart speaker the two companies are collaborating on, according to a letter sent to Google CEO Sundar Pichai on Wednesday.
The Federal Circuit won't stay its finding that two patents covering Horizon Pharma Inc.'s Vimovo are invalid while the drugmaker appeals to the U.S. Supreme Court, even if it means Dr. Reddy's Laboratories Inc. may launch its generic version of the painkiller mid-litigation.
The top four broadcast networks recently placed streaming startup Locast in their crosshairs, teeing up what’s likely to be a lengthy legal battle over whether the service can carry local stations without paying them retransmission consent fees.
While the IRS' effort — as signaled by regulations released last month — to expand the high-taxed exclusion of global intangible low-taxed income is laudable, GILTI will still apply at rates higher than many believe Congress intended, says Robert Kiggins of Culhane Meadows.
A recent decision by the General Court of the EU, Adidas AG v. European Union Intellectual Property Office, clarifies that trademark owners may rely on broadly equivalent variants when seeking to prove acquired distinctiveness and illustrates that surveys have a role to play in EU trademark proceedings, say attorneys at Powell Gilbert.
Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.
A U.S. Senate subcommittee recently held hearings concerning the 6-month-old Asia Reassurance Initiative Act, which seeks to renew U.S. engagement in the Indo-Pacific region. But the success of the law will depend on whether the private, governmental and nongovernmental sectors make full use of the funding it provides, says Chuong Le of Snell & Wilmer.
A seismic shift is occurring in the demographics of the U.S. patent bar — the average patent practitioner is aging — which, in combination with other market forces, is already precipitating a number of fundamental changes in how patent practices must operate to remain profitable, says Ian Schick of Specifio.
A rush to capitalize on the new and booming market for legalized cannabis has led to a noticeable increase in the amount of intellectual property protection sought out by the key players in this newfound industry, and this trend may be a consequence of the 2018 Farm Bill, say attorneys at Eversheds Sutherland.
The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.
Recently, in Food Marketing Institute v. Argus, the U.S. Supreme Court interpreted the meaning of the term "confidential" in Exemption 4 of the Freedom of Information Act in a manner that will impose many costs on the federal government, including more criminal responsibility under the Trade Secrets Act, says Sharon Sandeen of Mitchell Hamline School of Law.
When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.
The use of online consumer reviews in the courtroom is moving beyond simplistic links between reviews and sales and into more complex issues, such as a consumer's propensity to purchase and reviewer sentiment analysis, says Ashish Pradhan at Cornerstone Research.
Congress is considering abrogating the exceptions to patent eligibility, which is likely permissible to the extent that the eligibility exceptions derive purely from statutory construction, but not permissible to the extent that the eligibility exceptions are required by the Constitution, says Andrew Michaels of the University of Huston Law Center.
Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.
The U.S. Supreme Court's decision in Kisor v. Wilkie upheld agency deference but in a way that could lead to more direct challenges to U.S. Patent and Trademark Office rules and regulations, say attorneys at Baker Botts.
The broadening implementation of blockchain technology across many industries means that even practitioners who do not handle fintech-sector patent filings should familiarize themselves with blockchain in order to help clients identify and capture related innovations, says Allison Gaul of Kilpatrick Townsend.
The U.S. Supreme Court’s decision Monday in Iancu v. Brunetti striking down the Lanham Act’s ban on immoral and scandalous trademarks raises the question of whether it is now open season on registering marks regardless of how outrageous or offensive consumers might find them to be, say attorneys at Kelly IP.