One year after the Patent Trial and Appeal Board changed the claim construction standard in America Invents Act reviews, attorneys say it’s too soon to tell if the move will lead to different outcomes in any cases, but it has changed strategies for litigants.
The Patent Trial and Appeal Board will look at whether a patent covering Corcept Therapeutics Inc.’s flagship Cushing's syndrome medication Korlym is invalid, following a challenge from Teva Pharmaceuticals USA Inc.
Intel has rejiggered its lawsuit against investment management firm Fortress Investment Group LLC in California federal court, dropping its initial complaint in order to file a new one backed by Apple against the firm’s alleged funding of an anti-competitive patent aggregation scheme.
The Federal Circuit on Thursday affirmed victories for Ciena, Nokia and other telecom companies that were accused of infringing a fiber optics firm's patented technology, rejecting the firm's argument that the district court misinterpreted key patent terms.
DishNetwork is still taking aim at websites it says survive off of siphoning its content, asking a Texas federal judge Thursday to step in and stop more than a dozen websites from pirating its channels.
Several Democratic candidates for president are campaigning on platforms that include seizing patents from pharmaceutical companies as a way to lower drug prices, illustrating a growing embrace of a tactic the government has very rarely used.
A requirement for defense contractors to report counterfeit electronic parts in their supply chain was expanded to include all U.S. federal contractors and more parts, under a final regulation that the Federal Acquisition Regulatory Council issued Thursday.
The Patent Trial and Appeal Board appeared skeptical Thursday of a pharmaceutical company's argument during a post-grant review that prior art introduced to invalidate one of its pain treatment patents lacked authenticity.
A California federal judge has recommended granting hot sauce maker Tapatío Foods LLC's motion for default judgment against the makers of THC-infused Tíowaxy hot sauce, who were accused of trademark dilution.
The House Judiciary Committee has cleared legislation aimed at cutting drug prices by outlawing a pharmaceutical industry practice known as “product hopping,” as well as streamlining the patent process so biosimilars can more quickly enter the market.
U.S. District Judge William Alsup is ordering Apple and Cisco to resubmit their bids for attorney fees from a tech company they say dragged them into “recklessly litigated” patent disputes, warning that he may deny relief entirely if the new calculations are unreasonable.
Mary Kay Inc. on Tuesday accused Ulta Beauty of using its "Lash Love" brand name to sell a competing mascara product, infringing a trademark Mary Kay has used to sell its own mascara products for almost eight years.
The Patent Trial and Appeal Board asked tough questions Wednesday about whether it should adopt a district court’s definition of a key term in a TrustID Inc. patent covering anti-spoofing technology challenged by Next Caller.
The U.S. Air Force’s legal chief on Wednesday indicated pending changes to the way it handles intellectual property rights, saying it can “no longer afford” to allow contractors to keep a consistently strong grip on IP amid increasing competition from Russia and China.
Cannabis price tracker New Leaf Data Services LLC on Wednesday asked a Connecticut federal court to hit a rival with a default judgment and $4 million in damages for infringing its trademarks and buying up dummy domains to poach users.
The U.S. Patent and Trademark Office was within its rights to ban a Canadian attorney who had his Pennsylvania license suspended three times, practiced without a license in Massachusetts and submitted documents to the USPTO during one of the suspensions, the Federal Circuit said Wednesday.
The Patent Trial and Appeal Board has invalidated several claims from an AGIS Software Development LLC electronic messaging patent, following a challenge from Google.
The Patent Trial and Appeal Board has ended its review of a challenge Apple brought against a patent covering e-wallet technology, reversing its own decision that the patent is eligible for covered business method review.
A company that accused Facebook of infringing its patent for targeted ad technology is urging the full Federal Circuit to reconsider an order forcing the company to cough up a portion of Facebook’s litigation costs in the patent suit, saying the social media giant was not the “prevailing party” in the case.
The U.S. Department of Justice will be able to back Qualcomm in court against the certification of a class estimated to include 250 million U.S. phone buyers under a Ninth Circuit order granting the agency five minutes in upcoming oral arguments.
The Fifth Circuit on Tuesday partially revived a toymaker's lawsuit alleging multiple Disney entities ripped off its trademarked "Lots of Hugs" stuffed bears to create the villain Lotso in "Toy Story 3," finding the lower court unfairly vacated an order allowing the company to amend its complaint without notice.
Direct purchasers who claim they overpaid for pain reliever Opana ER have asked an Illinois federal court to ignore Endo Pharmaceuticals' argument that their proposed class is too small to be certified, asserting that federal courts routinely approve classes of fewer than 40, including in similar antitrust disputes.
The U.S. Patent and Trademark Office has fired back at a bid by prolific inventor Gilbert Hyatt to expand his lawsuit over the agency's alleged internal rule to reject all of his patent applications, saying Hyatt "cannot convert this one lawsuit into an open forum to hear his every complaint about the USPTO."
Dropbox can’t blow up rival Thru Inc.’s Chapter 11 plan, despite claims it was conceived in exactly the sort of blatant bad faith that led to the $2.3 million award that bankrupted Thru in the first place, the Fifth Circuit has found.
TEK Global and Sealant Systems International have reached a settlement in their long-running fight over a patent on tire repair kits sold to General Motors and others, just months after the Federal Circuit ordered a new trial on the validity of TEK's patent.
A pair of construction subcontractors caused flooring and materials company Phipps & Co. to miss out on $5 million by subverting Phipps' relationship with The Related Companies, Phipps has told a New York state court.
The Federal Circuit has ruled that Patent Trial and Appeal Board judges have insufficient supervision to pass muster under the appointments clause of the U.S. Constitution. Here, we look at the ruling, the initial fallout and how the decision may impact other cases.
Heading to trial in a patent case can be daunting. The dense material is often hard for attorneys and judges to understand, let alone a jury. But top patent litigators have developed strategies that ensure success. Law360 has gathered the best tips for each stage of a trial, from selecting a jury to presenting your case to arguing for damages.
The U.S. Supreme Court will hear oral arguments Monday on the U.S. Patent and Trademark Office's controversial policy of demanding that opponents reimburse its fees even if the agency ultimately loses the case.
In view of the Federal Circuit's recent decision in American Axle v. Neapco and the turbulent state of Section 101 case law generally, to increase their odds of patent eligibility, applicants in the pharmaceutical, biotech and medical industries should claim their inventions at various levels of detail, say David Ludwig and Ted Mathias of Axinn.
In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.
In the two years following the Federal Circuit's pivotal decision in Aqua Products v. Matal, the success rate of motions to amend patent claims during an America Invents Act review has improved by nearly 175%, and this positive trend appears to have staying power, say attorneys at Mintz.
Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.
In its upcoming U.S. Patent and Trademark Office v. Booking.com decision, the U.S. Supreme Court could uphold the Fourth Circuit’s ruling that generic terms can be transformed into protectable marks when combined with a top-level domain in some cases or, instead, adopt the Ninth and Federal Circuits' more stringent view requiring exceptional circumstances, say attorneys at Knobbe Martens.
The recent patent case, Finjan v. Cisco Systems, in which a California federal court prohibited two-attorney questioning in a deposition where the parties failed to agree to it in advance, indicates that it may be better to ask permission than forgiveness when employing this deposition strategy, say attorneys at Finnegan.
A California state appeals court recently upheld a trial court’s dismissal of MGA Entertainment’s Bratz doll trade secret claims against Mattel, demonstrating that new claims uncovered during discovery can trigger the statute of limitations under California's Uniform Trade Secrets Act, says Stephen Moses of Ferber Law.
A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.
The critical and fundamental problem with the Federal Circuit's constitutional remedy for Patent Trial and Appeal Board judicial appointments in Arthrex v. Smith & Nephew is that making administrative patent judges removable at will renders them unable to preside over inter partes review proceedings consistent with the Administrative Procedure Act, say attorneys at Sterne Kessler.
As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.
While courts continue to debate whether the Federal Circuit's remedy in Arthrex v. Smith & Nephew is sufficient to save the constitutionality of the Patent Trial and Appeal Board, perhaps it is time for the U.S. Patent and Trademark Office to remove its self-imposed limits on precedential opinion panel rehearings, say James Carmichael and Stephen Schreiner of Carmichael IP.
The U.S. Patent and Trademark Office recently released its updated Trial Practice Guide, which includes several policy changes that tip the scales toward patent owners and make the PTAB less attractive than district courts for litigating patent validity, says Brian Berliner of O’Melveny.
Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.
When properly applied, citizen petitions allow drug companies to extend the valuable near-end period of drug market exclusivity, and in some instances they can broadly impact the availability of drug products, say attorneys at Wilson Sonsini.
Following the recent release of NCAA student-athlete compensation guidelines, it remains unclear how disparate governing bodies will choose to set rules, leaving student-athletes seeking to commercialize their names, images or likenesses through contracts or trademark rights with a confusing mix of incentives and prohibitions, says Radhika Raman of Knobbe Martens.