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.
A Swiss tech company slapped Philips with an antitrust lawsuit Thursday in California federal court, claiming the Dutch multinational reneged on its pledges to license its standard-essential cellular technology patents on fair, reasonable and nondiscriminatory terms.
The Recording Industry Association of America's former senior vice president of litigation and legal affairs is joining the San Francisco-based Coblentz Patch Duffy & Bass LLP as a partner, the firm announced Wednesday.
A New York federal judge on Thursday axed Vinotemp International Corp.’s counterclaim that a rival infringed its design patent for the face of a wine rack shelf after holding that no ordinary person would find the items substantially similar, but concluded that the company’s trade dress allegation was plausible.
Foundation Medicine Inc. and Guardant Health Inc. have agreed to settle litigation in Delaware federal court accusing Guardant of infringing a patent for harnessing a patient's genome to help treat cancer, along with three related challenges at the Patent Trial and Appeal Board, the companies announced Wednesday.
The U.S. Senate has passed a bipartisan bill that aims to help small businesses protect their intellectual property by boosting educational resources explaining how to obtain and protect patents, particularly in foreign markets, according to a statement Thursday from the Senate Committee on Small Business and Entrepreneurship.
The Patent Trial and Appeal Board rejected challenges from a group of financial services firms to two document retrieval patents Thursday, finding their arguments that the patents are invalid under the Supreme Court’s Alice test too closely resembled those made separately by Fidelity Information Services LLC.
A maker of protein powder accused a rival of misleading consumers and infringing on its organic protein trademark by using deceptively similar packaging on its own products, according to a suit filed in California federal court Wednesday.
A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees on Wednesday that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.
Software provider CDK Global LLC asked an Illinois federal court on Wednesday to either compel arbitration or dismiss claims against it by the car dealership class in multidistrict litigation alleging it monopolized access to data in software licensed to car dealerships, saying the dealers don’t have standing as indirect purchasers of applications that utilize the data.
A New Jersey federal judge handed a win Wednesday to Nike Inc. in a lawsuit against several shipping companies who helped transport thousands of counterfeit shoes from China to the United States.
Genentech Inc. told a New York federal judge Wednesday that it was dropping its suit seeking documents from White & Case LLP that would help it fight an effort by Samsung Bioepis Co. Ltd. to sell a drug in Europe that would compete with its blockbuster cancer drug Herceptin.
AbbVie Inc. got a partial win in Pennsylvania federal court on Wednesday when a judge rejected a nearly 57 percent interest hike that the Federal Trade Commission proposed for the drugmaker's $448 million penalty over alleged sham AndroGel patent lawsuits.
The Fifth Circuit on Wednesday refused to revive a failed trademark case that aimed to block a Texas distillery named Garrison Brothers from using "cowboy" on bourbon bottles, ruling the name abandoned.
The U.S. International Trade Commission will investigate powered cover plates containing built-in light sensors and USB chargers after a Utah company accused several companies located in the U.S. and China of selling knockoffs that infringe four of its patents, the agency announced on Wednesday.
A Chicago-based marketing company has sued Kim Kardashian West's fragrance line in Illinois federal court, claiming the reality star's new perfume "Vibes" infringes the company's trademarked name and logo.
A California federal jury on Thursday cleared Japanese camera giant Nikon of allegations by lensmaker Carl Zeiss and semiconductor equipment maker ASML that Nikon digital cameras infringe two patents protecting electronic image capture technology.
BladeRoom Group Ltd. urged a California federal judge Wednesday to block Emerson Electric Co. from peddling data center components created using its stolen trade secrets and reassign a patent related to the building technology on top of the $30 million verdict it won at trial.
An agriculture biotech company on Tuesday urged the Patent Trial and Appeal Board to invalidate a patent related to gene-editing technology CRISPR-Cas9 that is held by the Massachusetts-based Broad Institute, arguing that the asserted claims are either indefinite or obvious.
The U.S. Food and Drug Administration’s leader on Wednesday placed blame on Big Pharma for the “anemic” biosimilars market and floated a four-part plan for strengthening sales of the copycat medicines.
An Eastern District of Texas federal judge has temporarily blocked Bed Bath & Beyond from selling a toy that rapidly fills multiple water balloons at once and is claimed to infringe patents held by Tinnus Enterprises, the maker of a similar product.
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.
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.
Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.
While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.
People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.
Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says Mark Moore of Reavis Page Jump LLP.
The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.
An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.
Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.
As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.
What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.
The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.