The Federal Circuit’s ruling that inventors can challenge their own patents in inter partes review puts to rest the issue of assignor estoppel at the Patent Trial and Appeal Board, while illustrating the reach of the court’s ruling in Wi-Fi One.
A New Jersey federal judge on Monday invalidated patents covering Horizon Pharma Inc.’s arthritis drug Vimovo in its suit against Dr. Reddy’s Laboratories Inc. and Mylan Pharmaceuticals Inc. over their plans to manufacture and market generic versions, finding a claim term in the patents to be indefinite.
Just days before President Donald Trump is slated to sit down with Chinese President Xi Jinping to discuss ongoing tariffs, U.S. Trade Representative Robert Lighthizer said Beijing has not taken any steps to end policies that purportedly abuse U.S. intellectual property and support the illegal gathering of technology.
The Federal Circuit ruled Tuesday that a Delaware federal court failed to adequately explain why it invalidated patent claims covering Tris Pharma Inc.’s ADHD treatment Quillivant XR, breathing new life into the drugmaker’s infringement lawsuit against a unit of Teva Pharmaceuticals.
A Texas appeals court on Monday declined to revive a $161 million malpractice suit against Strasburger & Price LLP and another firm, saying the firm hadn't established an attorney-client relationship when the statute of limitations ran out in the underlying suit it allegedly bungled, and that the firm likely could not have prevented that suit's failure.
The Federal Circuit on Tuesday vacated an injunction that blocked Dr. Reddy's Laboratories SA from launching a generic version of Indivior PLC’s opioid addiction treatment Suboxone Film, finding Indivior wasn’t likely to prove patent infringement.
CVS Pharmacy Inc. urged a Florida federal court Monday not to issue an injunction requested by an administrator for the federal 340B Drug Pricing Program that would stop the pharmacy giant from allegedly misappropriating trade secrets to steal customers.
Metaswitch Networks Ltd., a telecommunications company, filed an antitrust complaint in New York federal court Tuesday alleging that another telecom intended to eliminate competition among companies that transform landline phone networks through serial acquisitions and exclusionary tactics.
The Federal Circuit told the Patent Trial and Appeal Board to reconsider a decision upholding a location mapping patent challenged by Google and LG Electronics, finding Monday that the board had diverged from its institution decision and in its final decision conflated the tech companies’ arguments.
Architecture firm Soos & Associates Inc. asked an Illinois federal court Monday to dismiss Five Guys' counterclaims in the firm's copyright infringement suit against the burger chain, saying its former client can’t plausibly argue the two agreed Five Guys could share Soos’ restaurant design plans with a competing architecture firm.
The Federal Circuit ruled Monday that a research project launched by the Mayo Clinic called Well Living Lab couldn’t register its name as a trademark, saying the name was too descriptive of the lab’s focus.
The Federal Circuit on Monday declined to revisit a panel decision upholding the Patent Trial and Board’s invalidation of a Nobel Biocare dental implant patent, which was predated by a catalog from the inventor’s company that the board found was publicly accessible.
Saul Ewing Arnstein & Lehr LLP announced it has hired intellectual property and life sciences patent litigators — both hailing from Hamilton Brook Smith & Reynolds PC — with more than 50 years of combined experience to join the firm’s Boston office.
A prominent group of intellectual property attorneys urged the U.S. Supreme Court on Monday to bar trial judges from awarding so-called nontaxable costs to winning copyright litigants, saying it undermines incentives for copyright registration.
A New Jersey film distributor has been slapped with a copyright lawsuit by a London-based arts nonprofit alleging it continues to sell videos of William Shakespeare plays the group stages, even though its licensing agreement has expired.
A Texas energy company told a federal court on Friday not to toss a corporate espionage suit, arguing that a jury should decide whether or not the allegedly stolen information qualifies as a trade secret.
A California federal judge on Monday dismissed Random House from a suit claiming the author of the bestselling novel "The Girls" copied it from her ex-boyfriend using secretly installed spyware on his computer, but let some of the author's counterclaims move forward.
The U.S. Supreme Court said Monday it will not review a Federal Circuit decision that upheld a UCB Inc. patent on epilepsy drug Vimpat, rejecting a petition from a generic-drug maker that took aim at the so-called lead compound analysis used by the circuit court.
Indirect purchasers of blood clot drug Lovenox and its generic version asked a Tennessee federal court for class certification in their suit alleging Momenta Pharmaceuticals Inc. and Sandoz Inc. conspired to monopolize the market for the medication.
The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board's determination that a Finjan Inc. patent that covers computer virus protection is valid, while asking the board in a related case brought by Palo Alto Networks Inc. to review claims of the same patent that it originally opted not to examine.
The Federal Circuit on Monday vacated a $4 million damages award that Seoul Semiconductor Co. Ltd. won in a patent lawsuit against Enplas Display Device Corp. over LCD technology, taking issue with the way damages were calculated.
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.
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.
Before pulling the turkey wishbone for luck on Thursday, consider the originality of the wishbone itself. Could a plastic wishbone be original enough for copyright protection? Yes, according to the Ninth Circuit, says David Kluft of Foley Hoag LLP.
Our research on patent filings for artificial intelligence inventions suggests that different AI‑related claim terms can lead to vastly different patent examination outcomes, say Aaron Gin, Michael Krasniansky and Alexandra MacKenzie of McDonnell Boehnen Hulbert & Berghoff LLP.
Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.
Before adopting a doomsday view of the Federal Circuit's Maatita holding on the enablement and definiteness requirements for design patents, several practical points should be considered, says Mark Vogelbacker of Eckert Seamans Cherin & Mellott LLC.
Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.
Some commentators have suggested that the practice of filing more than one inter partes review petition directed to a particular patent claim is abusive. But we looked at the numbers, and there is little evidence of “serial attacks” and “duplicate filings,” say Michael Berta and Patrick Reidy of Arnold & Porter.
Patent attorneys are uniquely positioned to be rainmakers. They should emphasize certain traits — it may sound counterintuitive, but introversion is one of them, says Karen Katz of Suffolk University Law School.
The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.
The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure. However, the court's recent decision in FWP IP v. Biogen points to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.