It has been just over five years since the U.S. Supreme Court’s Octane Fitness ruling made it easier for courts to award attorney fees in patent cases deemed “exceptional,” adding a new wrinkle to many cases. Here’s what we’ve learned since 2014 from case law interpreting the decision.
You may not find them in the same part of the zoo, but the Federal Circuit isn't distinguishing between monkeys and pigs in a Friday ruling that the Patent Trial and Appeal Board correctly struck down a patent for a hooded blanket with a plush pig on top despite the inventor's attempts to differentiate it from an earlier patent for a hooded sweatshirt with a plush monkey.
Dutch soft-drink company Refresco Beverages U.S. Inc. has sued flavoring and fragrance maker Symrise Inc. in New Jersey federal court, alleging it is conspiring with former Refresco executives and researchers to develop a new soft drink for a competitor using its resources and trade secrets.
Members of the alt-hip hop band Flobots slapped YouTube personality Logan Paul with a lawsuit Thursday claiming the release of his parody song "No Handlebars," which riffed on their hit song "Handlebars,” infringed on their copyright.
McCarter & English LLP on Friday welcomed retired U.S. District Judge Jose L. Linares, the former chief of New Jersey’s federal court, as a partner who will lead the firm’s alternative dispute resolution practice in its Newark, New Jersey, headquarters.
The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.
The inventor of a device for removing artificial turf from playing fields said a competing groundskeeping firm stole his design, according to a federal lawsuit filed Friday in Pennsylvania.
A surge in file-sharing cases from porn studios and others led to a spike in new copyright lawsuits in 2018, but the past year has also seen judges around the country attack key aspects of those cases. As the John Doe suits continue to pour in, here are four past rulings to know.
It seemed for a moment Friday that BAE Systems would escape a trade secrets suit aimed at its subsidiary over the design of a tank-sighting system for the military, but a Virginia federal judge changed her mind mid-hearing and decided to hold off.
A copyright lawsuit filed by the creator of Pepe the Frog — a cartoon that's become an online symbol for the controversial "alt-right" movement — is headed for a jury trial in California federal court after a judge refused to rule that the far-right website InfoWars made fair use of the character.
The U.S. Department of Justice's top antitrust official is set to appear for Federal Circuit oral arguments in an appeal by Capital One Financial Corp. on claims accusing Intellectual Ventures I LLC of monopolizing the banking technology market.
Two American scientists will be added to patents involved in Nobel Prize-winning cancer research, a Boston federal judge ruled Friday, handing a victory to the Dana-Farber Cancer Institute and Foley Hoag LLP.
Recent Federal Circuit rulings involving software company Trading Technologies provide guidance on the sometimes confusing exception to covered business method reviews for patents that cover a “technological invention," as well as insights into the patent eligibility analysis.
In this week's round of intellectual property attorney moves, Armstrong Teasdale brought on the former chair of Dilworth Paxson's patent practice, intellectual property firm Fish & Richardson hired a new pro bono manager, and DLA Piper launched a new artificial intelligence practice. Here are the details on these notable IP hires.
Generic-drug maker Zydus needs to cough up details on its generic version of Zetia, buyers of the cholesterol medication told a Virginia federal court, as they contend that information may bolster their pay-for-delay case against Merck and Glenmark.
If Apple could send people back in time, it would likely make them steer Brad Caldwell away from law school. It probably wouldn’t have even been that hard: He’d studied to be an engineer, even worked as one for the CIA, before applying for law school on a whim. There was a very real future in which he didn’t become a lawyer, and in that future, Apple might have kept the $1 billion Caldwell bled from it in court.
The prospects for a sweeping U.S.-China trade deal were looking dim even before President Donald Trump dealt a pair of blows to Beijing's mighty telecom sector on Wednesday, a move that injected even more uncertainty into the already-fraught negotiations.
Gilead believes that Centers for Disease Control and Prevention patents that went toward its blockbuster HIV prevention and treatment medication Truvada are invalid and can't be used to make the company lower the drug's cost, the company’s CEO told the U.S. House of Representatives on Thursday.
Nashville's general hospital has one week to amend a proposed class of Lovenox buyers after a Tennessee federal judge rejected a last-minute tweak to the class definition in a lawsuit accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.
The Federal Circuit on Thursday said ScentSational Technologies LLC presented "thin" evidence purporting to prove it lost out on business with Coca-Cola because PepsiCo Inc. misappropriated its scented bottle technology trade secrets, affirming Pepsi's win in New York district court.
A new executive order from the Trump administration intended to shore up security vulnerabilities in communications networks writes a blank check to the U.S. Department of Commerce that can be used to target a host of technologies, countries and carriers, and its broad language has left many in industry unclear on how it will affect their business.
The Federal Circuit has been awash in appeals for years now, but in 2018 the appeals court appeared to take its patent workload in stride. Law360’s annual look at the Federal Circuit’s patent docket uses Law360 data and reporting to dive into the most important trends at the appeals court.
A former Bracewell LLP patent litigator who recently took the federal bench in Waco, Texas, has caused a major stir for the state's intellectual property bar, with some firms betting the new judge could grow the Western District of Texas into a patent hotbed that could rival the state's Eastern District.
Delaware unseated the Eastern District of Texas as the top patent hotspot. Two boutique intellectual property firms dominated at the Patent Trial and Appeal Board. District courts saw fewer cases, and patent owners sought fewer Injunctions. 2018 was a year when patent attorneys retooled their strategies.
The U.S. Supreme Court's upcoming ruling on the "scandalous" trademark in Iancu v. Brunetti bears the potential to microscope a smorgasbord of First Amendment principles with significance well beyond the intellectual property sphere, says Ben Clark of Bryan Cave.
Document automation, process automation and big data insights are changing how some patent professionals and patent practices operate, says Ian Schick of Specifio.
In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.
While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.
Recent district court decisions confirm that the broad view of inter partes review estoppel is the prevailing — and perhaps the only — view after the U.S. Supreme Court's 2018 decision in SAS Institute v. Iancu, say Brett Cooper and Kevin Schubert of McKool Smith.
My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.
Tech startups are eager to protect their innovations, but their views on intellectual property often become more nuanced once they grow and find themselves on the other side of patent enforcement. As a result, tech companies are struggling to determine what they want from the shifting patent landscape, says Jonathan Link of Morris Manning.
The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.
As the number of Chinese trademark applications has skyrocketed, it has become increasingly likely that a mark in Latin characters will receive a likelihood-of-confusion refusal. This necessitates two steps before filing, says Alice Denenberg of Gottlieb Rackman.
In the world of anti-counterfeiting and brand protection work, collaboration with competitors, customers and online marketplaces can be a smart way to stretch constrained budgets, say Lori Meddings and Li Zhu of Quarles & Brady.