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.
The U.S. Supreme Court has cleared the path for a generic version of Indivior Inc.’s opioid addiction treatment to hit the market, as the chief justice issued a brief order Tuesday refusing to keep a block on Dr. Reddy's Laboratories SA’s alternative drug while Indivior prepares a high court appeal.
The America Invents Act doesn’t stop patent challengers who won at the Patent Trial and Appeal Board from pursuing their winning arguments in court, and blocking that judicial path would lead to “absurd results,” a group of generic-drug makers told the Federal Circuit on Tuesday.
Both sides in a U.S. Supreme Court case over whether the government can file America Invents Act patent challenges faced tough questions Tuesday, as some justices questioned the fairness of barring federal agencies from the system and others worried the “deck is stacked” against patents the government targets.
A Texas federal jury on Friday rejected HTC’s allegation that Ericsson is trying to overcharge on licensing fees for its standard-essential cellular patents, finding that the Swedish telecom giant’s offer to HTC is fair, reasonable and nondiscriminatory and that both companies failed to negotiate in good faith.
With a constitutional challenge settled and the Patent Trial and Appeal Board having worked through some growing pains, the president of the PTAB Bar Association said practitioners' focus has turned to complex issues involved in PTAB trials, including the “unsettled” area of real parties-in-interest.
The U.S. Supreme Court on Tuesday turned down appeals in several patent cases, including one by a Schlumberger Ltd. unit to revive its oil exploration patents that were at issue in another high court case over patent damages, while allowing the Electronic Frontier Foundation to file an amicus brief in a case asking if the government is a "person" that can challenge patents in America Invents Act reviews.
Xitronix’s antitrust suit alleging patent fraud against KLA-Tencor is going back to the Federal Circuit, which previously rejected the case, after a Fifth Circuit panel said in a published opinion that the case can plausibly be heard only by the appeals court with exclusive jurisdiction over patent issues.
Synopsys Inc., which makes software for testing and designing computer chips, accused Fortinet Inc., a security software company, in California federal court of routinely skirting its software access licensing agreement to gain unauthorized access to Synopsys services.
A pair of EQT Corp. employees raided the company’s computers and copied confidential data in the early-morning hours before a meeting in which they were going to be fired, the company claimed in filings made in Pennsylvania state and federal courts Tuesday.
The Federal Trade Commission said Tuesday it has reached an agreement with Teva Pharmaceuticals that would prevent the drugmaker from entering into certain reverse-payment patent settlements that can delay the availability of generic versions of drugs.
Australian hearing aid giant Cochlear Ltd. hit a Massachusetts company, MED-EL Corp., with a patent infringement suit Monday in federal court, claiming its U.S.-based rival ripped off technology related to Cochlear's "breakthrough" hearing implants.
Adding to a string of recent departures from LeClairRyan, a team of intellectual property attorneys has joined Pepper Hamilton LLP’s second office in New York, the firm said Tuesday.
The U.S. Supreme Court on Tuesday said it wouldn't review the Federal Circuit’s decision to uphold a UCB Inc. patent covering the epilepsy drug Vimpat, despite protests from Mylan Inc. and other generic-drug makers that UCB was gaming the system by patenting the medication's active ingredient twice.
Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.
Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.
Disney and the streaming service VidAngel Inc., which Disney and other studios have accused of infringement, have asked a California court to sort out a dispute over whether VidAngel must hand over attorney documents in discovery after VidAngel defended itself by saying its counsel advised it that its services were legal.
Wireless service provider TracFone sued three Texas-based companies Friday, accusing them of running a phone smuggling ring that cuts into its business model, marking the latest salvo in the telecom’s more than decade-long crusade to stop companies from trafficking its tech.
The artist who created the Fearless Girl sold unauthorized copies of the famous feminist statue in violation of trademark law and agreements with State Street Global Advisors Trust Co., which commissioned the artwork, the company has argued in a New York state court suit.
The First Circuit on Friday rejected Optum’s bid to block a former executive from working at a health care startup created by Amazon, Berkshire Hathaway and JPMorgan Chase, instead kicking the dispute back to the lower court.
Disney, Paramount Pictures Corp., Twentieth Century Fox Film Corp. and other Hollywood heavyweights have sued Omniverse One World Television in California federal court, accusing the company of selling illegal packages of unlicensed, copyrighted movie and TV shows to streaming services.
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.
Google is asking the U.S. Supreme Court to tackle the company’s smartphone war with Oracle, capping off more than eight years of contentious copyright litigation between the two software giants. Here’s an interactive look back at how we got here.
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
A significant impediment to a successful inter partes review can arise when the asserted patent claims are also arguably indefinite. Kevin Wagner and Joel Sayres of Faegre Baker Daniels LLP identify four potential strategies for diffusing the tension between indefiniteness and IPR.
Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.
The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.
The Federal Circuit has reversed or remanded inter partes review rulings because the Patent Trial and Appeal Board's analysis is flawed or incomplete. It may not matter what kind of record a victorious party made at the PTAB because only the decision is the subject of appeal, says James Gumina of McDonnell Boehnen Hulbert & Berghoff LLP.
Inventor testimony inevitably forms a part of every generic drug company’s case in a Paragraph IV obviousness challenge under the Hatch-Waxman Act. This is odd because recent cases demonstrate that inventor testimony can damage a generic defendant’s case, says Michael Hogan of Caesar Rivise PC.
The Federal Circuit's decision last week in Athena v. Mayo is significant because it demonstrates the uncertainty surrounding what actually qualifies as a “natural law,” and because it holds diagnostic methods ineligible for patenting even though they recite new and nonobvious concrete steps, says Alan Craig Townsley of Sughrue Mion PLLC.
Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.
In 2017, Congress tried to solve the problem of high drug prices caused by inadequate generic competition, creating a new form of market exclusivity known as competitive generic therapy exclusivity. But the statute has an unintended loophole, say Sinchan Shah of Amneal Pharmaceuticals Pvt. Ltd., and Jaimin Shah and Steve Auten of Taft Stettinius & Hollister LLP.
"Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.
The U.S. Patent and Trademark Office's new subject matter eligibility guidelines help to return some level of predictability to patent law, but the U.S. Supreme Court may move quickly to effectively nullify the new test, if the court desires to maintain its 2014 Alice v. CLS Bank decision, says Chris Rourk of Jackson Walker LLP.