Patent litigation over generic drugs, which has long been concentrated in Delaware and New Jersey, may spread out to more states across the country as a result of a recent Federal Circuit ruling, potentially making disputes more complicated, attorneys say.
A Schlumberger unit is asking a Texas federal judge to separate its patent infringement claims from its rival drilling equipment maker's equitable defenses, arguing that if both were tried at the same time, the additional evidence would confuse and prejudice the jury.
A U.S. District Court judge in Delaware on Monday shot down Coherus BioSciences Inc.'s bid to shift legal fees to Amgen Inc. in its failed patent infringement suit against Coherus over a blockbuster anti-infection drug.
An Illinois federal judge on Monday ruled evidence doesn't support a jury's $4.1 million breach of contract award in a remote-controlled helicopter royalty dispute but kept intact the jury's $5.4 million patent infringement verdict.
Moderna on Monday said it is filing an emergency approval request with the U.S. Food and Drug Administration, asking the regulator to sign off on its COVID-19 vaccine that the drugmaker claims is 100% effective at preventing severe cases and 94% effective at preventing infection.
Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.
The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.
Four subsidiaries of Chinese company BGI Group seeking to invalidate patents behind an American company's system for rapid DNA sequencing maintained in closing arguments at trial on Friday that the techniques at issue were obvious based on earlier lessons.
This past week in London has seen a state-owned energy company in Norway being sued, major telecom providers targeted by academic publishers and Italian cable manufacturer Prysmian instigate an intellectual property dispute.
Many of the core functions of Facebook, Twitter and Snapchat, like targeted advertising, notifications and even tools used for flagging fake COVID-19 news, are infringing patents owned by a Xerox subsidiary, the company said Wednesday in three suits filed in California federal court.
Zydus Pharmaceuticals punctuated the six-day trial in its bid to bring generic diabetes drugs to market by filing a 100-page, post-trial brief doubling down on its claim that Mitsubishi Tanabe Pharma Corp. is engaging in "gamesmanship" to extend the life of one of three patents Zydus is accused of infringing.
The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's invalidation of a VidStream social media patent, rejecting the patentee's argument that Twitter had not proven that the book that rendered the patent obvious was available to the public.
The European Union is going to take new steps to overhaul intellectual property law in an effort to "reduce frictions" and litigation over standard-essential patents in the tech sector, the bloc's top antitrust and digital technology official announced.
The European Commission on Wednesday adopted a plan to develop a regulatory framework by 2022 to increase access to cheap generic drugs by cracking down on anti-competitive behaviors by pharmaceutical companies across the European Union.
Two United Services Automobile Association mobile check deposit patents have escaped Patent Trial and Appeal Board review unscathed after a determination that challenger Wells Fargo, which a jury said should pay $200 million for infringing one of the patents and a separate patent, didn't show the claims were obvious.
The Federal Circuit misapplied clear U.S. Supreme Court precedent when finding that administrative patent judges weren't constitutionally appointed, the government and medical tech company Smith & Nephew said Wednesday in their opening salvos for the closely watched Arthrex case.
An advisory committee for the U.S. Patent and Trademark Office has issued a new report calling on the Patent Trial and Appeal Board and patent examiners to share their data to ensure that each unpatentable invention is a "lesson learned" for the agency.
A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.
Apple Inc. is urging a Texas federal judge to kill a copyright infringement lawsuit over its emojis with diverse skin tones, contending the company suing it can't claim rights to "naturally occurring" human characteristics like skin color.
An Australian company that markets a line of educational clocks called Owlconic says it has no time for knockoffs from a New York teacher supply business that are allegedly being sold on Amazon.
A Houston energy executive already facing criminal fraud charges related to what jurors determined was infringement on Chevron's trademark has now been accused of duping an Australian state into paying $317 million for non-existent N95 face masks.
A New York City real estate developer that destroyed a famed graffiti space known as 5Pointz has agreed to pay attorneys at Eisenberg & Baum LLP, who are representing the artists behind the space, more than $2 million in attorney fees, according to a joint stipulation filed Tuesday.
After a loss at the Trademark Trial and Appeal Board earlier this year, a company that wants to revive the brand name "Cingular" is suing AT&T Inc. for "deliberately obstructing" its right to reuse the old name.
Apple has urged the Federal Circuit to overturn an $85 million verdict against it for infringing WiLAN's patented wireless technology, saying that the licensing firm has been "stretching its patents" and otherwise "overreaching" at every stage in the case.
The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board ruling that Aspen Aerogels Inc. can't get a patent on a layered reinforced aerogel product used for insulation, finding that substantial evidence supported the board's conclusion the pending claims are obvious.
The lead guitarist of iconic Detroit rock band MC5 hit The Procter & Gamble Co. with a California federal court suit Tuesday alleging Old Spice used an image of his signature stars and stripes Fender on its "Guitar Solo" body wash without his permission.
From cannabis to video games to three U.S. Supreme Court rulings, the first half of 2020 was a busy time in the world of trademark law. As we head into the back half of the year, here are the seven big trademark decisions you need to know.
In the first half of the year, patent litigators saw decisions shutting down certain appeals in inter partes review cases and the Patent Trial and Appeal Board detailing when it will use its discretion to refuse to review patents. Here's a look at the most notable patent rulings so far in 2020.
From tattoos in video games to billion-dollar piracy verdicts to "Stairway to Heaven," the first half of 2020 was an action-packed time for copyright lawyers. As we head into the back half of the year, here are the seven big copyright decisions you need to know.
Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.
Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.
Because recent standard-essential patent decisions in the U.S., the U.K., China and Germany may signal a trend toward a greater international influence on global royalty rates by individual national jurisdictions, potential licensors and licensees may need to adjust their enforcement strategies, says Mauricio Uribe at Knobbe Martens.
Nathaniel Castellano at Arnold & Porter discusses recent oral arguments at the Federal Circuit in three cases — Boeing v. Secretary of the Air Force, Bitmanagement Software v. U.S. and Harmonia Holdings v. U.S. — and the broad implications the decisions will have on government contractors and agencies dealing in proprietary data and software.
Although some judges are apprehensive of a "turducken" analysis — a patent case stuffed inside a reverse-payment antitrust action — it is procedurally viable and may be a fair way to adjudicate the antitrust liability of generic companies settling Hatch-Waxman litigation, say attorneys at Katten.
As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.
Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.
Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.
Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.
A tension in federal district and circuit courts over whether Federal Rule of Evidence 407, which prohibits post-injury remediation evidence, applies in the intellectual property context creates great uncertainty that courts should resolve with a bright-line rule, say Sharad Bijanki and Patrick Muffo at Seyfarth.
Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.
U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.
While waiting for the Federal Circuit to resolve its recent inconsistent treatment of prior-art-based arguments during a Section 101 patent eligibility analysis, practitioners should draft patent specifications to show improvements over prior art and then leverage them in litigation, say Michael Kiklis and Matthew Zapadka at Bass Berry.
The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.
The Patent Trial and Appeal Board's analysis for denying serial petitions should be replaced with new factors that would better conform with the goals of the America Invents Act by striking a fair balance between petitioners' access to, and abuse of, PTAB review proceedings, say Brenton Babcock and Tyler Train at Womble Bond.