News & Analysis as of

Patents IP Litigation

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Saul Ewing LLP

What Intellectual Property Owners Need to Know Today About Obviousness-Type Double Patenting

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What You Need to Know: • Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit Affirms Small U.S. Investments Can Satisfy Domestic Industry Requirement

A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - Five Key Takeaways from the 2024 House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

A&O Shearman

Federal Circuit Affirms PTAB Decision Regarding DNA Sampling Patent

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On January 6, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) affirmed the decision of the Patent Trial and Appeal Board (“PTAB”) rejecting a challenge to U.S. Patent No. 7,332,277 (“the ‘277...more

Lathrop GPM

How Commercial General Liability Policies’ ‘Coverage B’ Can Help Mitigate IP Losses

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In recent years, intellectual property (IP) claims have been on the rise—patent disputes, infringement claims, unlicensed use of social media content—all often lead to expensive IP litigation. Originally published in...more

A&O Shearman

Federal Circuit Provides Guidance On Rule 12(b)(6) Stage Claim Construction

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On October 18, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision addressing claim construction at the Rule 12(b)(6) stage. In UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18,...more

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Womble Bond Dickinson

Industry Reactions to In re Cellect Decision

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An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more

Sunstein LLP

Apple Must Agree to License Terms It Hasn’t Seen -- Or Leave the UK Telephony Market

Sunstein LLP on

In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more

BCLP

Antitrust Guidance by the Justice Department for Higher Education Institutions non-Standard Essential Patents Pool Reveals A Path...

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The increasing intersection of antitrust and intellectual property laws has led to a number of complex legal issues for which clients often seek guidance from the Antitrust Division of the Department of Justice (“DOJ”)....more

Kilpatrick

Partial Waiver of District Court Invalidity Challenges not Sufficient to Prevent Denial of IPR Institution

Kilpatrick on

The PTAB’s precedential Fintiv decision (Apple v. Fintiv, Inc, IPR2020-00019) held that the PTAB could deny institution of an IPR, even within the one year statutory bar, if (1) district court litigation has progressed...more

Smart & Biggar

Canadian courts show trend of awarding higher costs in IP litigation

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Every IP litigant has the same questions on their mind: “If I win, how much of my legal costs can I recover? And if I lose, how much will I have to pay?” These are important questions, and the answers now may be different...more

Knobbe Martens

Intellectual Property Protection Strategies for Successful Business in the US and Canada

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Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review – European Issues

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The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

Knobbe Martens

Jury Finds Benton Energy Liable for Patent Infringement and Awards Nearly $5 Million in Damages

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A jury determined that Benton Energy Service Co. infringed a patent for improved drilling in offshore oil wells owned by Cajun Services Unlimited...more

Nutter McClennen & Fish LLP

No Dice for Gaming Patent Under 35 U.S.C. § 101

Over the years, patents have issued on numerous games, including iconic favorites such as Monopoly® (1935), Battleship® (1935), Rubik’s Cube® (1983), Rock'em Sock'em Robots® (1966), Twister® (1969), and Simon® (1979)....more

Smart & Biggar

[Webinar] Canada: The New Frontier For U.S. IP Owners - December 4th, 12:00pm ET

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Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective. American companies have seen...more

Miles & Stockbridge P.C.

Intellectual Property Litigation Financing

IP litigation is expensive and risky. A patent owner relies on costly experts and attorneys, and confronts the possibility that the entire case could be dismissed at any point during a lengthy litigation process (likely...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - September 2015 #3

DISTRICT COURT CASES - Northern District of California Orders Plaintiff to Pay $1.19 Million in Attorneys' Fees in "Objectively Baseless" IP Case - On Friday, September 11, 2015, U.S. District Judge Vince Chhabria...more

Carlton Fields

Jury Awards $58.7 Million for Trade Secret Misappropriation After Technology Disclosure Pursuant to NDA

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On March 6, in a U.S. District Court for the Eastern District of Texas case, Texas Advanced Optoelectric Solutions (TAOS) Inc. obtained a verdict against Intersil Corp. (Nasdaq: ISIL) for trade secret misappropriation, breach...more

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