Financial companies are leading the rush to file patents for tools and products based on blockchain, the ledger technology underlying bitcoin, and a wave of litigation could be on the horizon. Here is what intellectual property attorneys need to know about the patent landscape for the increasingly popular tech.
The holder of a Guinness record for number of footbag kicks in a row — colloquially known as hacky sack — told the Seventh Circuit on Friday that he has a legitimate claim that he was harmed when Wendy’s International Inc. ran a meal promotion encouraging customers to beat his Guinness World Records Ltd. footbag records.
A Delaware federal judge on Thursday invalidated a data transmission patent that Dutch phone company KPN asserted against BlackBerry, LG, Lenovo, TCL and others in 11 lawsuits, finding it invalid under the high court's 2014 Alice ruling for claiming the abstract idea of reordering data and generating additional data.
A writer accusing the author of best-selling thriller “Gone Girl” of stealing her unproduced screenplay idea hit back at Twentieth Century Fox on Thursday, arguing she had, in fact, reasonably pleaded her case that author Gillian Flynn and Twentieth Century Fox had used her ideas for the book and the film of the same name.
A California federal court Friday granted Facebook a win in a suit by Silver State Intellectual Technologies Inc. alleging that the social media behemoth infringed on its patents for the sharing of mobile location-based information, finding that the asserted claims are directed to an abstract idea.
Allowing parties accused of patent infringement to assert an ensnarement defense violates the patent holder’s constitutional right to a jury trial, a cardiologist whose $200 million jury verdict against Boston Scientific Corp. was wiped in an ensnarement mini-trial has told the U.S. Supreme Court.
A California federal judge overseeing GoPro’s trademark and copyright infringement suit against camera rig company 360Heros expressed concern Friday about ruling on a GoPro sanctions motion alleging 360Heros doctored evidence, saying, “It’s a serious motion, and I don’t know what to do with it.”
The U.S. Food and Drug Administration on Friday moved to limit the operations of large drug compounders, laying out policies that could dramatically curb their ability to sell cheaper versions of FDA-approved products.
The Federal Circuit on Friday reversed a Patent Trial and Appeal Board decision invalidating a wireless communication patent that Apple Inc. was accused of infringing, ruling that “ordinary creativity” was not a good enough reason to find the patent obvious.
Startups say “yes,” because weakening patent protection drives innovation overseas. Editor’s note: This is the first article in a two-part series. The second, focusing on defenders of the system, will appear tomorrow.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owners of the Empire State Building get mad about a skyline logo, General Motors takes on a ride-hailing service called Bolt, and the Major League Baseball players' union goes to bat for New York Yankees slugger Aaron Judge.
As the debate over rising drug prices continues to rage, one advocacy organization is pushing the federal government to take advantage of a tool already in its belt: the Bayh-Dole Act, which allows the feds to take ownership of patents it helped fund or force companies to provide licenses for those patents. Law360 talked to experts about just how effective this path could be.
A Florida drug treatment center facing a $30 million lawsuit for allegedly ripping off electronic medical records provider Kipu Systems' product urged a federal judge Thursday to find Kipu's 2014 terms of service inapplicable and unenforceable, which it said would greatly narrow the case.
A Delaware federal judge on Thursday found Alvogen Pine Brook Inc. didn’t infringe two patents tied to the opioid addiction treatment Suboxone, shooting down a challenge by Indivior Inc. and Aquestive Therapeutics that culminated in a September bench trial.
The U.S. on Friday indicted nine Iranian nationals accused of leading a global, state-backed hacking campaign against federal agencies, hundreds of universities and dozens of private companies that looted about $3.4 billion worth of U.S. academic data and intellectual property.
Amazon was hit on Thursday with an infringement suit in Texas federal court from patent litigator Uniloc alleging its Amazon Fire TV devices infringe a patent related to remote computer displays.
Dechert LLP has hired a complex commercial litigator from Hughes Hubbard & Reed LLP, where he served as co-chair of the firm’s class action practice group, and who has represented major media clients like Jay-Z and Outkast in high-profile intellectual property disputes, Dechert said Friday.
Law360 is pleased to announce the formation of its 2018 Intellectual Property editorial advisory board.
Principle Packaging LLC filed lawsuits Friday in Delaware federal court against General Mills Inc. and Kellogg Co. for alleged infringement of a patent for a way to seal a food cup, saying the two companies' respective single-serving cereal cups use the described invention.
This week in intellectual property attorneys on the move, King & Spalding LLP snagged the former co-chair of Sterne Kessler’s Patent Trial and Appeal Board practice, while Hogan Lovells landed a trademark veteran from Finnegan Henderson, and Michael Best & Friedrich LLP boosted the intellectual property group in its Denver office with the addition of four former Lathrop Gage attorneys. Here are the details on these and other hires.
As part of its sprawling crusade against China’s intellectual property regime, the Trump administration lodged a World Trade Organization case on Friday targeting Beijing’s patent licensing rules, which the U.S. believes discriminates against foreign technology companies.
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.
Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.
For those structured as corporations, the decrease in the maximum corporate tax rate and the repeal of the corporate alternative minimum tax offer good news. But since many law firms are organized as pass-through entities, several limitations on deductions mean they won’t see as much benefit from the new tax law as some other industries, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.
With three decisions last month, the ethereal world of patent subject matter eligibility is getting even murkier. As jurists and practitioners try to work through the confusion created by the U.S. Supreme Court's untenable Alice test, the U.S. patent community is suffering, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner for patents.
The Supreme Court of Texas last month became the first state high court to extend the attorney-client privilege to nonattorney patent agents. The Silver ruling could trigger similar decisions in other states, as two dozen other jurisdictions have the same attorney-client privilege rule upon which the decision was based, say attorneys with Reed Smith LLP.
This month, Adidas won a potentially decisive victory in the latest round of its long-running trademark dispute with Shoe Branding Europe. The case, which began in 2009, holds key lessons for brands looking to safeguard or challenge trademarks in EU jurisdictions, say Simon Ayrton and William Hillson of Powell Gilbert LLP.
Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.
In inter partes review, the application of Section 325(d) — analysis of whether a given reference was previously presented to, and considered by, the U.S. Patent and Trademark Office during prosecution — gives rise to strategic considerations for both petitioners and patent owners, say Kelly Eberspecher and Katherine Cappaert of Steptoe & Johnson LLP.
Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.
Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.
A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.