Justice Ruth Bader Ginsburg's steadfast support for copyright owners was one of the hallmarks of her U.S. Supreme Court tenure, and her decisions strengthening copyright protection will have a lasting impact on the law, experts say.
Texas' federal courthouse in Waco can open back up for trials on Oct. 1, its only district court judge said in an order.
An arbitrator has found that parts of two Trump administration policies that limited what job terms federal agencies must negotiate with unions and that curbed on-the-job union activity must be axed.
The Patent Trial and Appeal Board said Thursday it has introduced an online form that can be filled out anonymously by members of the public to nominate any of the board's decisions to be designated as precedential or informative.
A Major League Baseball Players Association attorney slammed opposing counsel for an ex-pitcher-turned health supplement salesman in a recently dismissed unfair competition suit against the league and union, telling a California federal judge during a sanctions hearing Thursday that "sometimes lawyers have to say no" to a client's request.
The estate of the late sculptor Robert Indiana, best known for his "LOVE" piece, told a New York federal court on Wednesday that it was "completely blindsided" by a deal between the estate's sole beneficiary and an art foundation suing the estate over Indiana's work.
The U.S. International Trade Commission has backed a judge's finding that Intel, Acer, Lenovo, Asus and Micro-Star did not violate trade laws in a case in which California-based Tela Innovations Inc. accused them of patent infringement.
Cisco, Amazon and seven other tech companies argued Thursday for consolidation of nine infringement suits in the Northern District of California, largely based on common issues stemming from questions about the ownership of the five patents at issue in the cases.
Tesla hit rival electric car maker Nikola Corp. with counterclaims of inequitable conduct and invalidity in California federal court Wednesday in Nikola's lawsuit accusing Tesla of owing it $2 billion for allegedly infringing its design patents on its electric semitruck, the Nikola One.
U.S. Reps. Anthony Gonzalez and Emanuel Cleaver on Thursday introduced bipartisan legislation that would allow college athletes across the country to be paid for sponsorship and endorsements, with some restrictions on marijuana, alcohol and gambling companies and recruiting inducements, and would grant the U.S. Federal Trade Commission authority to regulate such deals.
The Sixth Circuit has refused to invalidate a heating and plumbing company's copyright on a technician training guide, finding that a federal jury adequately found there was "enough original material" in the guide to warrant a copyright.
A technology provider that works with car dealerships has urged an Illinois federal judge to order the return or destruction of confidential materials it says wrongly got into the Federal Trade Commission's hands after serving as third-party testimony in an antitrust suit.
The retrial of gas separator patent infringement claims against Halliburton Energy Services Inc. has been set for a November start date in Texas federal court, marking the second time the case has been postponed in response to the COVID-19 crisis.
The Federal Circuit on Thursday gave Network-1 Technologies Inc. a second chance to prove HP infringed its patent directed to remotely powering equipment over an ethernet network, but also revived HP's attempt to invalidate that patent in Texas federal court.
The first female director of the U.S. Patent and Trademark Office said Wednesday that women aspiring to top government and corporate positions in intellectual property shouldn't shy away from challenges if they want to advance professionally.
Grocery delivery company Instacart on Wednesday reached an agreement with Uber-owned competitor Cornershop on the terms of a preliminary injunction that will bar Cornershop from scraping Instacart's platform of copyrighted product images and descriptions.
Shire has urged a Massachusetts federal court to reject a third potential representative for a class of direct purchasers suing over the alleged delay of a generic version of the ADHD drug Intuniv, contending the latest candidate still misses the mark.
An invention owned by United Services Automobile Association for capturing check images so bank customers can make mobile deposits was scrutinized Wednesday as the U.S. Patent Trial and Appeal Board looked at whether to shield the patents from a Wells Fargo challenge.
The Federal Circuit on Wednesday upheld a pair of Patent Trial and Appeal Board decisions invalidating claims in two Presidio Components Inc. patents covering broadband capacitor technology.
A Florida federal judge on Tuesday refused to allow music labels to appeal the dismissal of part of their suit against telecommunications company Bright House Networks over its alleged failure to curb internet subscribers' pirating activity.
A California federal judge has thrown out cryptocurrency exchange Kraken's trade secrets suit against a fired financial analyst it accused of potentially endangering its office by revealing its location, which it said violated a confidentiality pact the employee signed.
Attorneys for Jerry Seinfeld squared off before a Manhattan federal judge Wednesday with lawyers representing a former creative partner who accused him of stealing "Comedians in Cars Getting Coffee," battling over whether the accuser must now repay the superstar's nearly million-dollar legal bill.
U.S. District Judge Alan Albright has again updated the procedures for litigating patent cases in the Western District of Texas' Waco Division, including adjusting who goes first in claim construction hearings and clarifying how many terms can be involved.
A London judge on Wednesday criticized Apple for trying to push out dates to disclose evidence in a patent infringement dispute over 4G technology brought by three PanOptis subsidiaries, saying it's important that when agreements between parties are made "they are stuck to."
A New York federal court should pump the breaks on the winding and bitter battle over the work and legacy of the late sculptor Robert Indiana, known best for his "LOVE" image, an art foundation said Monday, saying it has reached an agreement with the artist's estate's beneficiary.
The Fifth Circuit ruled Tuesday that hip-hop duo Macklemore and Ryan Lewis can keep legal fees they won after beating a lawsuit by New Orleans jazz artist Paul Batiste, which claimed some of their popular songs, such as "Thrift Shop," featured illegal samples.
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.
The U.S. Department of Justice's recent letter to the Institute of Electrical and Electronics Engineers, which explicitly supports standard-essential patent owners in their pursuit of injunctive relief and favors a diminished role for antitrust enforcement in intellectual property disputes, bodes well for rebalancing the licensing market, say attorneys at Mintz.
Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.
Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.
Following a recent in-person jury trial at the Indiana Supreme Court, Angela Hall and Jason Rauch at Faegre Drinker offer takeaways on remote trial preparation, socially distanced voir dire and evidence presentation during the COVID-19 era.
In light of the U.S. Patent and Trademark Office's stringent ethics rules and failure to adopt a choice-of-law rule, intellectual property attorneys practicing in states that recently adopted more progressive ethics rules may have to modify their practice to avoid discipline, say attorneys Emil Ali and Michael McCabe.
Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.
For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.
As motions to dismiss based on patent eligibility under Section 101 are on the rise, recent, lesser known federal district court decisions offer several drafting insights for patent owners facing eligibility attacks at the pleadings stage, particularly in the high-tech space, say attorneys at Akin Gump.
Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.
While Justice Ruth Bader Ginsburg's scholarship and acumen will no doubt be missed by her colleagues, her intellectual property jurisprudence will guide them in the upcoming, straightforward copyright case Google v. Oracle, which shouldn't be influenced by political leanings, says Sandra Aistars at the Antonin Scalia Law School.
There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.
A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.
Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.
Alliance agreements can help pharmaceutical companies collaborate and resolve patent infringement disputes, especially during these uncertain pandemic times, but may draw questions concerning legitimacy if not properly vetted, say Louis Berneman at Texelerate, and Alan White and Anne Catherine Faye at Analysis Group.
Statistical analysis of 24 Patent Trial and Appeal Board decisions applying the factors for denying inter partes review, derived from the recent Apple v. Fintiv and NHK v. Intri-Plex rulings, reveals determinative factors that parties may choose to emphasize for a greater chance of institution, say Brenton Babcock and Tyler Train at Womble Bond.