A unanimous eight-member California federal jury held Thursday that Samsung owes Apple Inc. $538.6 million for infringing design and utility patents covering smartphone technology in a landmark patent case that made it all the way up to the U.S. Supreme Court.
Citing trailers that depict "violent, copulating, and even ejaculating puppets" and include the tagline "No Sesame, All Street," the producers of "Sesame Street" filed a trademark infringement suit Thursday against the production companies behind the puppet-filled Melissa McCarthy comedy "The Happytime Murders."
A recent Federal Circuit decision applying the rarely-invoked printed matter doctrine to invalidate a respiratory drug patent could give litigants another way to challenge patents and get in patent-eligibility arguments that otherwise can't be made in inter partes reviews, attorneys say.
Sikorsky Aircraft Corp.’s claim that the Air Force had overreached on intellectual property licensing requirements in a solicitation for a helicopter to replace the iconic UH-1N “Huey” was effectively academic, with the Air Force having since clarified its position, the U.S. Government Accountability Office said in dismissing the protest in a decision made public Friday.
Patent owners seeking compensation on constitutional grounds for claims canceled in America Invents Act reviews face an uphill battle, legal experts say, with those whose patents were issued after 2011 appearing to face an especially difficult road to recovery.
The U.S. Food and Drug Administration’s move to dramatically curtail large-scale compounding of lower-cost drugs is stoking fiery debate about benefits for patient safety and possible drug shortages.
The Delaware Supreme Court has ruled that a court may enforce contempt orders and sanction a medical software developer who disobeyed court orders during intellectual property licensing dispute proceedings, even if the lower court finds that it lacks personal jurisdiction over him.
Sony Music Entertainment US Latin LLC has become at least the third corporation to face copyright claims from a Puerto Rican songwriter who says the company exploited his famous song “Yo Soy Boricua Pa’ Que tú lo Sepas,” according to a suit filed in the territory’s federal court Friday.
The parent company of Applebee’s Neighborhood Bar and Grill sued a bankrupt franchisee in Delaware on Friday, saying the debtor breached franchise agreements by closing several restaurants without permission and ceased making royalty payments several months before its Chapter 11 filings.
At the parties' request, the Federal Circuit on Thursday dismissed Mylan Pharmaceuticals Inc.'s bid to upend a lower court decision upholding the validity of AstraZeneca AB's patent on two diabetes drugs, weeks before oral arguments in the appeal, a sign of a possible settlement.
A Massachusetts federal judge declined on Friday to throw out a contract dispute between Kodak Alaris Inc. and a German software firm that supplied a document-recognition program used in one of Kodak's products, saying that the issues should be left to a jury to decide.
The U.S. Copyright Office has proposed raising its filing fees by about 41 percent across the board with its first fee hike in four years, in order to cover additional costs it will incur as it modernizes the office's IT services.
A Florida federal judge chastised defendants in a copyright infringement suit filed by Dish Network LLC for failing to follow court instructions as she struck down several motions they filed seeking an early win on claims they distributed Arabic pay-TV programming without authorization.
Six months after a federal court ruled that the Lanham Act’s ban on “scandalous” trademarks is unconstitutional, the U.S. Patent and Trademark Office is still refusing registrations that violate the provision while the agency considers another trip to the U.S. Supreme Court.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Penn State squares off with Syracuse over "glory" trademarks, Pepsi faces a fight over its latest brand of Mountain Dew, and Spotify cites stats in its tussle with a similarly named company.
Textbook publisher McGraw-Hill Global Education Holdings has asked a New York federal court to disqualify attorneys representing a photographer in a copyright suit, saying the firm was already kicked off a similar suit in Pennsylvania for consulting with a former McGraw-Hill employee who had access to privileged information.
A trade secret suit brought by Dow Chemical Co. against a group of Turkish companies over developments in paint technology survived a motion to dismiss Friday with a Delaware Chancery Court judge finding that Dow’s complaint adequately pled its claims.
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.
A Pennsylvania federal judge has cleared Teva Pharmaceuticals Industries Ltd. to use deposition testimony in an antitrust class action over an alleged pay-for-delay scheme for generic versions of cholesterol drug Niaspan, ruling that the pharmaceutical giant had not weaponized information protected by attorney-client privilege.
Fried Frank Harris Shriver & Jacobson LLP has hired the co-head of Stroock & Stroock & Lavan LLP’s financial services litigation and enforcement practice, an expert who has represented financial institutions in securities litigation as well as entertainment companies in high-profile intellectual property disputes, the firm said recently.
In this week's round of intellectual property attorney moves, Orrick Herrington & Sutcliffe found its new global intellectual property practice co-leader when it hired the former co-chair of Weil Gotshal & Manges' patent litigation practice, while Pillsbury Winthrop Shaw Pittman landed two partners with experience in complex intellectual property litigation and patents to lead its Taiwan practice, and Seyfarth Shaw snagged a veteran patent litigator to lead the firm's new intellectual property trial practice.
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.
A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.
Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.
The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.
As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.
For a patent applicant, a supplemental appeal brief can be a handy tool to support your appeal when the law is changing in your favor. We recently saw this firsthand with Yahoo, says John Rauch of Brinks Gilson & Lione.
The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.
While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.
Now that the first articles on the U.S. Patent and Trademark Office's post-Berkheimer eligibility guidance have been digested, it is time to take a deeper look and derive or strengthen arguments for patentable subject matter eligibility during patent prosecution, says Christopher Hall of Womble Bond Dickinson LLP.
A year ago, the U.S. Supreme Court upended long-standing practice when it held that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute. The TC Heartland decision created many questions that courts have been grappling with ever since, says Manuel Velez of Mayer Brown LLP.
The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.