The U.S. Supreme Court suggested Tuesday that precedent bars a filmmaker from suing North Carolina for using his footage of a famous pirate shipwreck, though the justices expressed concern that giving states full immunity against copyright lawsuits would let them infringe to their “heart’s content.”
The controversial religious group that was the subject of Netflix’s “Wild Wild Country” hit the acclaimed documentary’s makers with a second copyright infringement suit Thursday, slamming the series as “little more than a repackaging of content purloined from other authors and filmmakers.”
The Federal Circuit ruled Friday that the Patent Trial and Appeal Board erred in upholding claims of a Firepass fire suppression system patent challenged by Airbus, sending the case back for reconsideration and extending a dispute that has already dragged on for a decade.
A Florida federal judge has thrown out a copyright suit against the makers of the Netflix series “Narcos” by a well-known Colombian journalist who claimed the show ripped off scenes from her memoir involving her romantic relationship with Pablo Escobar, ruling that historical facts cannot be copyrighted.
The Federal Circuit on Friday upheld a Patent Trial and Appeal Board decision invalidating claims in a Customedia patent on digital management systems, days after refusing the company’s bid for a new PTAB review in light of the board’s structure being found unconstitutional.
The owner of an Emmy-winning invention relating to audio technology can amend all claims in an audio recording patent that were invalidated by the Patent Trial and Appeal Board after the board found that the award shows the new claims are not obvious.
Image Processing Technologies LLC didn't seem to sway a Federal Circuit judge Friday with an argument that the Patent Trial and Appeal Board failed to follow the meaning it had given a key term when it invalidated the company's image processing patent at Samsung's request.
A California federal judge shot down an attempt by The Weeknd to trim a suit accusing the Canadian R&B artist of ripping off a song by a trio of British songwriters to make his track "A Lonely Night," which appeared on his Grammy Award-winning 2016 album "Starboy."
A New Jersey federal judge refused Dr. Reddy’s Laboratories Inc.’s bid to invalidate two of Horizon Pharma Inc.’s patents for arthritis drug Vimovo, ruling Thursday that the generic-drug maker hasn’t shown the patents lack an adequate written description.
Neal Gerber Eisenberg LLP has brought on a former co-chair of Freeborn & Peters LLP's intellectual property litigation practice with experience in the software and telecommunications industries, the firm announced.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Frito-Lay and Vice Media fight over their dueling "Munchies" brands, the owners of the Empire State Building move to shut down logos featuring the iconic tower, and the NCAA aims to bust a "Bracket."
The Federal Circuit has stripped job protections for judges at the Patent Trial and Appeal Board amid a constitutional challenge, a move that some attorneys say casts doubt over the independence of the board’s judges moving forward. Here, Law360 considers the ruling’s impact on the judges and perceptions of the PTAB.
The Federal Circuit said Friday it would not reconsider a September ruling that state entities must follow patent venue rules and that the University of Texas cannot sue Boston Scientific for infringement in a Texas court.
The U.S. Supreme Court on Friday sided with the U.S. Patent and Trademark Office and agreed to hear a case over whether Booking.com's name is too generic for trademark protection.
Baker Botts has hired a Taylor & Patchen LLP litigator with expertise in complex commercial and intellectual property disputes as a partner at its Palo Alto, California, office, the firm has announced.
Norton Rose Fulbright has brought on the former co-chair of Barnes & Thornburg's intellectual property practice, Irell & Manella has rehired a Crowell & Moring IP attorney and Withers has nabbed a fashion technology partner. Here are the details on these and other notable IP hires.
Facebook, Google and Uber IP executives speaking at a conference Wednesday in Silicon Valley shared tips for building strong patent portfolios, like using artificial intelligence and even principles from sports analytics to gauge the value of patents in a time when patent prices are skyrocketing.
Former Uber executive Anthony Levandowski on Wednesday requested clarification on prosecutors' claims he stole self-driving car trade secrets from Google, arguing the government hasn't provided enough detail "to identify the precise trade secrets" he purportedly stole.
Two Federal Circuit judges said Thursday that the court shouldn't have ordered new Patent Trial and Appeal Board hearings as a result of last week's Arthrex decision that the board's structure is unconstitutional, saying the remands will create "large and unnecessary burdens."
A Federal Circuit panel looked closely Thursday at a Patent Trial and Appeal Board decision that upheld one claim of a patent covering Pfizer’s billion-dollar Prevnar 13 vaccine, posing tough questions to both sides about an advanced study that Merck contends should have led the board to invalidate it.
Norton Rose Fulbright has brought on a former co-chairwoman of Barnes & Thornburg LLP’s intellectual property practice with more than three decades of litigation experience, the firm has announced.
Charter Communications is warning a federal judge that a copyright case filed by record labels could "open the floodgates for massive liability" by blaming internet service providers for online piracy simply because they advertise fast download speeds.
A California federal judge Thursday granted HBO's request to stay his order requiring it to arbitrate the Michael Jackson estate's breach of contract suit over the documentary "Leaving Neverland," giving HBO a chance to appeal the arbitration order without risk of stepping on its free speech rights.
Hytera Communications Corp. Ltd. poached several of Motorola Solutions LLC's former engineers to make a competing two-way digital radio using decades' worth of stolen private product information and computer code, a lawyer for Motorola told an Illinois federal jury during opening statements Thursday.
The Tenth Circuit on Thursday upended a ruling that had blocked the company behind Mrs. Fields-branded snacks from franchising its trademark to popcorn makers other than California-based MFGPC, saying MFGPC's license wasn't "perpetual."
The panel that sets precedent for the Patent Trial and Appeal Board said Thursday it would review a case in which the board rejected a patent owner's bid to amend claims in an inter partes review for different reasons from the ones advanced by the petitioner.
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.
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.
The appeal of six inter partes reviews in Facebook v. Windy City presents an opportunity for the Federal Circuit to provide clarity on the appropriate level of deference to be afforded holdings of the Patent Trial and Appeal Board's precedent-setting panel, and it may even provide a chance for the U.S. Supreme Court to weigh in, say attorneys at Cadwalader.
The California Department of Tax and Fee Administration's proposed amendments to a sales tax regulation for technology transfer agreements recently received an icy reception indicative of the regulation's flaws and inconsistencies with prior court rulings, say Eric Coffill and Alexandra Louderback of Eversheds Sutherland.
It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.
Following the Federal Circuit's recent holding in Inspired Development v. Inspired Products that unjust enrichment claims pertaining to a license agreement did not arise under federal patent law, parties can keep jurisdiction on their side by drafting licensing agreements with an eye toward litigation and carefully selecting claims to assert, say Jeffrey Whittle and Christopher Limbacher of Womble Bond.
Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.
The recent funding of a patent infringement claim brought by the University of California Santa Barbara demonstrates the advantages of the U.S. International Trade Commission as a venue, where creative intellectual property owners and litigation financers may find lucrative opportunities, despite a few hurdles, say Matt Rizzolo and Hyun-Joong (Daniel) Kim of Ropes & Gray.
This month's New York tax news features President Donald Trump — who seeks to change his tax domicile to Florida and continues lawsuits to prevent disclosure of his state tax returns — and a dismissal of the state's lawsuit challenging the federal cap on state and local tax deductions, say Timothy Noonan and Craig Reilly of Hodgson Russ.
Although well-intentioned, a new California law attempting to prevent patent settlement agreements in which a branded drug company pays a generic company to delay the generic may have the unintended consequence of precluding pro-competitive settlement agreements that allow for generic drug entry significantly earlier than patent expiration, say Chad Landmon and Chantelle Ankerman of Axinn.
The Federal Circuit’s recent decision in Sanofi-Aventis v. Dr. Reddy’s Labs suggests that, in the right circumstances, reissue of reference patent claims may effectively cure obviousness-type double patenting, and use of reissue to remedy OTDP seems consistent with the remedial nature of the corresponding statute, says David Manspeizer of Squire Patton.
Washington and Colorado have come up with disparate regulations for cannabis-related intellectual property transactions, providing an indication of the licensing challenges ahead for attorneys drafting cannabis agreements across state lines, say attorneys at Eversheds Sutherland.
Earlier this year, in Mission Product v. Tempnology, the U.S. Supreme Court addressed the issue of naked licenses resulting in trademark abandonment, an outcome that can be avoided if attorneys counseling suppliers address the requisite quality controls in supplier/distributor agreements, says Joseph Sullivan of Taylor English.
A Michigan federal court recently held in American Vehicular Sciences v. Autoliv that prevailing patent litigants can recover attorney fees for work done before the Patent Trial and Appeal Board only in exceptional circumstances, highlighting the tension between Section 285 of the Patent Act and the PTAB regime, say attorneys at Finnegan.
Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.