The U.S. Supreme Court’s decision not to revive a Helsinn patent on the nausea drug Aloxi has clarified the scope of the on-sale bar under the America Invents Act and underscored the need for inventors to file their patent applications as early as possible.
Memphis-based rapper Blocboy JB on Wednesday became the latest pop culture figure to sue Epic Games Inc. for allegedly using signature dance moves without permission in the company's widely-popular video game "Fortnite," according to a complaint filed in California federal court.
Information technology company Synaptek Corp. has asked the Fourth Circuit to find that Sentinel Insurance Co. must cover its costs in a trademark infringement and unfair competition lawsuit brought by a similarly named competitor, arguing that a lower court erroneously held that the insurer's policy entirely foreclosed coverage.
Qualcomm won another chance Wednesday to try to avoid facing a class of cellphone buyers estimated at 250 million people, thanks to a Ninth Circuit decision granting immediate appeal of class certification in the case alleging consumers paid higher prices because of the chipmaker's anti-competitive licensing practices.
The Federal Circuit ruled Wednesday that the U.S. Patent and Trademark Office exceeded its authority by establishing regulations limiting the amount of time added to the life of patents to account for delays during the application process, which the court said "unfairly penalize applicants."
Laclede Inc. must stop using GlaxoSmithKline LLC’s trademarks when advertising its rival dry mouth treatments, but can keep its products on the market, a New York federal judge ruled Wednesday.
The panel that can set precedent for the Patent Trial and Appeal Board won’t step into a dispute between IBM Corp. and travel websites over an e-commerce patent, declining to address what IBM called the “exceptionally important” issue of follow-on petitions filed by different companies.
A drilling technology company told the Texas Supreme Court Wednesday it isn’t time-barred from pursuing claims that a former vendor stole trade secrets and customers, arguing the clock shouldn’t have started to run on its suit until after the last act of the alleged conspiracy.
The Patent Trial and Appeal Board refused to review a Nasdaq Inc. patent covering an electronic securities trading system, delivering a blow to stock exchange IEX Group Inc. as it fights patent infringement accusations in federal court.
Rembrandt Technologies LP and a slew of cable companies it roped into patent suits stretching back more than a decade will try to mediate their dispute over the millions in attorneys’ fees racked up over the course of the litigation after an appeals court upended the companies' $51 million fee win in 2018.
Apple urged a California federal judge Tuesday not to give Qualcomm extra time in front of a jury to defend against allegations of overcharging for patent licensing fees, arguing that the chipmaker's initial request for additional time was rejected and no new reasons are being offered for reviving the request.
HTC Corp. can't force arbitration of counterclaims asserted by Ericsson Inc. in HTC's suit accusing the Swedish telecom of overcharging for aging standard-essential patents, a Texas federal judge has ruled, scolding the cellphone maker for the "intentionally delayed" timing of its motion.
Famous Hollywood photographer Douglas Kirkland filed suit Tuesday in Miami against pop artist Kfir Moyal, alleging he used a copyrighted photograph in an art piece to promote his business.
Ballard Spahr LLP announced on Wednesday that it has hired a former Duane Morris LLP intellectual property and commercial litigator with experience in the cosmetics, fragrance and flavor industries to join its Philadelphia office.
U.S. District Judge Rodney Gilstrap has said he’s "offended" by how Irell & Manella LLP and Winston & Strawn LLP have handled the opening stages of an infringement case involving USAA electronic check patents asserted against Wells Fargo, finding the firms’ legal maneuvers demonstrate a "clear lack of respect" for his court.
The Patent Trial and Appeal Board can reject substitute patent claims in inter partes review under the U.S. Supreme Court’s Alice decision, the board has said, declining to rethink its decision not to allow Uniloc to amend a patent on media distribution technology.
Slot game technology maker International Game Technology PLC used copyrighted art and graphics for several of an Illinois company’s slot games without permission when the company launched them into cyberspace for online play, a federal jury heard Tuesday.
A Delaware federal court did not err in how it construed a claim term in a patent for GPS-guided maps asserted against Verizon affiliates, the Federal Circuit determined on Tuesday.
UBS AG fired its own breach of contract claim at Bloomberg Finance LP on Friday in a suit that accuses UBS of redistributing proprietary data without authorization, telling a New York federal court that its use of the data was above board and that by “acting arbitrarily and/or irrationally in 2018,” Bloomberg was out of line.
The Patent Trial and Appeal Board invalidated a patent covering Valeant Pharmaceuticals’ Jublia by expanding the definition of what the antifungal medication treated, the drugmaker told the Federal Circuit in a bid to revive the patent.
Drug wholesalers urged a New Jersey federal court Monday to nix a bid from GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. to pause an antitrust suit over the availability of generic alternatives to epilepsy drug Lamictal while the companies seek Third Circuit review of the direct buyers’ class certification.
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
U.S. Patent and Trademark Office Director Andrei Iancu told Law360 in an interview Thursday that the many changes he has spearheaded during his busy first year in office should provide a clearer landscape where patentees and the public know better how patent disputes might play out.
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
Ex parte re-examinations are now the U.S. Patent and Trademark Office's only post-issuance proceeding for challenging patentability that uses the "broadest reasonable interpretation" claim construction standard. This is one of several strategic advantages of re-examinations, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.
While white collar filings are significantly down nationwide, the prosecutorial appetite for bringing criminal trade secret cases appears voracious, even where no foreign actor or national security concern is involved, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.
Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.
2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.
As the U.S. Patent and Trademark Office considers making electronic filing mandatory for trademark applications and all related submissions, public comments highlight potential consequences of the proposed changes, says Roger LaLonde of Eckert Seamans Cherin & Mellott LLC.
After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.
As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.
The U.S. Supreme Court's 2017 ruling on personal jurisdiction in Bristol-Myers Squibb issued a month after the court's game-changing patent venue decision in TC Heartland and has the potential to effect a similarly major shift in where patent lawsuits can be brought, say Alex Chachkes and Matthew Bush of Orrick Herrington & Sutcliffe LLP.
The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.
The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.