Counsel for an online retailer urged the Eleventh Circuit on Friday to reverse a judgment declaring that its unauthorized merchandise that uses the Savannah College of Art and Design logo is likely to cause confusion among consumers, arguing that the college presented no evidence of confusion in the market.
The Federal Circuit on Friday revived XY LLC's patent covering a way of selectively breeding cattle and other mammals, reversing a Colorado federal judge's finding that the patent doesn't hold up under the U.S. Supreme Court's Alice decision.
In this week's Taxation With Representation, analytics company Clarivate agrees to a $6.8 billion merger, NRG Energy acquires Centrica's North American unit, and sports betting business Rush Street Interactive goes public in a $1.8 billion merger deal.
The Federal Circuit's recent decision expanding the University of Texas' sovereign immunity while letting a licensee pursue infringement litigation alone is raising a host of questions about how private companies and public universities should approach patent licensing agreements.
A Manhattan federal judge is refusing to let spirits giant William Grant & Sons Inc. exit a long-running legal battle over the trademark rights to Stolichnaya vodka.
McDermott nabbed a regulatory counsel and litigator from Arent Fox to join its FDA practice, Goodwin hired a former Wilson Sonsini partner who focuses on patent prosecution, and Gordon & Rees added a former counsel at Reed Smith, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.
The European Union on Thursday imposed financial and travel restrictions on a Russian military intelligence unit and Chinese and North Korean companies accused of supporting a global set of cyberattacks, in its first ever sanctions over cybercrime.
Netflix Inc. will have to face claims that it infringed Personalized Media Communications LLC's adaptive video streaming patents based on technology from the 1980s, after a New York federal judge declined Wednesday to hold the patents invalid under Alice.
A Chinese national pled guilty Thursday in Ohio federal court to conspiring to steal trade secrets from Nationwide Children's Hospital, where she worked as a researcher.
A Colorado federal jury serving in a "pilot" in-person trial on Wednesday awarded a communications company only a tiny fraction of the roughly $2 million it was seeking from one of its former dealers it had accused of unauthorized sales, leaving the company's attorney feeling that bringing in the jury wasn't worth the health risk.
Horizon is urging the U.S. Supreme Court to take up its appeal of a divided Federal Circuit decision that struck down part of its patented arthritis drug Pennsaid, saying the ruling "casts a pall of uncertainty" over the validity of tens of thousands of patents with similar phrasing.
A virtual reality patent holder on Thursday hit General Dynamics Corp. with an infringement claim, saying the aerospace and defense company plans to use stolen technology in its $883 million contract with the U.S. Army to develop new training methods for soldiers.
The full Federal Circuit has declined to revisit a decision blocking Apple and Visa from appealing the Patent Trial and Appeal Board's "unfettered discretion" to throw out covered business method reviews of an e-wallet patent.
Humira buyers are appealing to the Seventh Circuit an Illinois federal judge's dismissal of their proposed class action claiming AbbVie Inc. built a "patent thicket" around the immunosuppressant drug to block cheaper biosimilars from entering the market.
The Patent Trial and Appeal Board has invalidated three Antecip Bioventures pain treatment patents, shooting down its argument that German rival Grunenthal GmbH didn't do enough at the institution stage to prove that five printed publications qualify as prior art.
The Federal Circuit on Thursday paved the way for Mylan to launch its forthcoming generic version of Biogen's top-selling multiple sclerosis drug Tecfidera while Biogen appeals the invalidation of a patent covering the drug.
Halpern May Ybarra Gelberg LLP has picked the former chief of the cyber and intellectual property crimes section at the U.S. attorney's office in Los Angeles to head its new cybersecurity and data privacy practice group.
A London judge on Thursday blocked a Chinese maker of lithium-ion battery components from selling certain products in the United Kingdom while U.S.-based Celgard pursues its claims that the rival's business is built on trade secrets stolen by one of its former scientists.
Apple has urged a Texas federal court to delay its upcoming $700 million retrial with VirnetX, saying infection rates in the areas surrounding the courthouse are so high that it's "a virtual certainty that someone with COVID-19 will be at the trial," according to a motion unsealed Wednesday.
A California federal judge dismissed attempts to revive allegations of an antitrust conspiracy involving Gilead, Bristol-Myers Squibb and Janssen Pharmaceuticals to block generic competition and keep HIV medication prices artificially high in a decision unsealed Wednesday that nevertheless left intact key parts of the complaint.
The Federal Circuit on Wednesday refused to tack supplemental attorney fees onto a $4.4 million fee award and a $200,000 judgment against the government in a patent case out of the U.S. Court of Federal Claims, ruling that only the claims court has the authority to grant such fee requests.
The Federal Circuit on Wednesday refused to invalidate the one claim of a remote gambling patent that survived a Patent Trial and Appeal Board challenge, with the court saying challenger FanDuel impermissibly tried to shift who holds the burden of proof at the board.
The Federal Circuit said Wednesday that it will defer ruling on whether LG took too long to bring an interlocutory appeal following a jury verdict that it infringed a Mondis video display patent licensed to Maxell, asking the companies to more fully brief the issue before it makes a decision.
The full Ninth Circuit refused on Wednesday to undo a copyright ruling on the Oscar-winning "The Shape of Water" that Disney has warned will promote "protracted, meritless lawsuits."
A Washington marijuana grower accused of selling trademarks his company didn't own has asked a federal court to toss fraud claims brought against him by a Canadian cannabis company, saying the firm is trying to scapegoat him for its own due diligence failures.
Following the U.S. Supreme Court's recent Booking.com ruling, practitioners should employ all forms of consumer perception evidence at their disposal when demonstrating that consumers understand an arguably generic term to be a brand, say David Bernstein and Jared Kagan at Debevoise.
The Patent Trial and Appeal Board's recent decision in DTN v. Farms Technology highlights the importance of filing with the board all agreements made in connection with the termination of inter partes reviews as soon as feasible, particularly with advanced-phase settlements, say Keri Schaubert and Aaron Lukas at Cozen O'Connor.
With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.
A COVID-19 termination probably won't shield Florida workers against noncompete enforcement, but there are several real-world factors companies should consider before pursuing an employee for contract breach, says Alan Goodman at GrayRobinson.
Two recent cases from the U.S. Patent and Trademark Office and the First Circuit provide important insight into how the presence or absence of therapeutic formulations in medical device patent claims can affect patentability, Orange Book listing eligibility, product life cycle management and potential antitrust liability, say attorneys at Wilson Sonsini.
As Congress negotiates another COVID-19 relief package, it should consider business tax measures that provide liquidity and encourage economic recovery by focusing budgetary resources on activities and circumstances connected to the pandemic and associated economic slowdown, says George Callas at Steptoe & Johnson.
With the likelihood that more and more jury trials will be held by videoconferencing in the near future, establishing four best practices now for effective, credible video trial testimony will ensure attorneys are ready when it's time for the oath, camera and action, say Christopher Green and Sara Fish at Fish & Richardson.
With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.
Employers considering relaxed noncompete implementation during the pandemic should look to several federal court rulings regarding whether a selective approach may preclude future enforcement, and take steps to minimize such risk, say attorneys at Proskauer.
The U.S. Department of Health and Human Services' recent guidance, the rise in pandemic-related intellectual property lawsuits, and constitutional considerations suggest that parties cannot rely with certainty on the Public Readiness and Emergency Preparedness Act to protect against infringement claims, say attorneys at Gibson Dunn.
It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.
A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.
The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.
A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.
Patent litigants must become familiar with the unique procedures of the Western District of Texas under Judge Alan Albright, who has already heard 18% of all nationwide patent infringement cases this year and is expected to hear more than 600 complaints by the end of 2020, say attorneys at WilmerHale.