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UCLA Law Review Excerpt: Defendant Class Actions And Patent Infringement Litigation

By Matthew K. K. Sumida* *Information Resource Editor, UCLA Law Review, Volume 58. J.D. Candidate, UCLA School of Law, 2011; B.S., University of Southern California, 2004 Excerpt from Defendant Class Actions and Patent Infringement Litigation , 58 UCLA L. Rev. 843 (February 2011) Introduction ...

Supreme Court Rules Against Microsoft In Patent Case

WASHINGTON, D.C. - (Mealey's) Endorsing a "clear and convincing" standard for proving patent invalidity, the U.S. Supreme Court on June 9 sided with a patent holding firm in its longstanding dispute with defendant Microsoft Corp. ( Microsoft Corp. v. i4i Limited Partnership et al. , No...

High Court Says Microsoft Must Pay In Patent Case

WASHINGTON, D.C. - (AP) The Supreme Court ruled Thursday that Microsoft Corp. must pay a $290 million judgment awarded to a small Toronto software company for infringing on one of its patents inside its popular Microsoft Word program. The high court unanimously refused to throw out the judgment against...

David Long Joins Dow Lohnes' IP Litigation Practice

WASHINGTON, D.C. - Dow Lohnes PLLC has announced that David Long has joined its Intellectual Property Litigation practice as a member of the firm. Before joining Dow Lohnes, Long served as a partner in the Intellectual Property Group at Howrey, and before that as an associate at Pillsbury Madison &...

Nokia, Apple Settle Drawn-Out Patent Dispute

HELSINKI, Finland - (AP) Nokia Corp. on Tuesday notched a valuable win against rival Apple Inc., with the U.S. company agreeing to pay the Finnish handset maker a one-time sum to settle long-standing patent disputes as well as royalties for current licenses. Espoo-based Nokia said that the deal. . ....

Federal Circuit Poised to Clarify Rules on Joint Infringement

By Kevin Littman ( klittman@foley.com ) The U.S. Court of Appeals for the Federal Circuit's recent decisions in the area of joint infringement have generated disagreements about whether those decisions are consistent. The court recently signaled its intent to clarify the law of joint infringement...

Supreme Court Grants Certiorari In Patent Dispute Over Hatch-Waxman Provision

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court will review the Federal Circuit U.S. Court of Appeals' ruling, in a case of first impression, that the counterclaim provision of the Hatch-Waxman Act is available "only if the listed patent does not claim any approved methods of using...

Role Of New Evidence In Patent Appeals To Be Decided By Supreme Court

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 27 agreed to take up a dispute over the proper procedures for courts to use in proceedings initiated under 35 U.S. Code Section 145, which allows applicants to file a civil action in a federal district court as an alternative to appealing...

Pharmaceutical Litigation Partner James Stronski Joins Crowell & Moring

WASHINGTON, D.C. - Crowell & Moring LLP has announced the addition of partner James K. Stronski to the firm's Intellectual Property Group. Based in the New York office, Stronski is an intellectual property litigator with extensive experience handling cases involving the so-called "Hatch...

Technology Company Files Patent Lawsuit Against Ford

TACOMA, Wash. - (AP) A technology company has filed a lawsuit against Ford Motor Co., claiming several of the electronic features the automaker includes in its vehicles violate the company's patents. Eagle Harbor Holdings LLC and subsidiary, MediusTech LLC, filed the patent infringement case against...

Lawsuit: Wyeth Had Illegal Patents On Effexor

JACKSON, Miss. - (AP) A federal lawsuit filed this week in Mississippi claims a major pharmaceutical company made millions of dollars by misrepresenting clinical data and using sham litigation to maintain a monopoly over a drug used to treat depression and anxiety. Uniondale Chemists Inc., a retail pharmacy...

Paul, Weiss Adds 2 Prominent Patent Litigators

NEW YORK - Paul, Weiss, Rifkind, Wharton & Garrison LLP has announced that Nicholas Groombridge and David J. Ball Jr., two renowned patent litigators, have joined the firm's Litigation Department. Groombridge is resident in Paul, Weiss's New York office, and Ball is resident in its Washington...

Music Service Spotify In Patent Infringement Lawsuit

SAN FRANCISCO - (AP) Digital music service Spotify, which recently arrived in the U.S., has been sued by music and video streaming software maker PacketVideo for allegedly violating a patent it holds for digital music distribution. In court documents filed this week in U.S. District Court in the Southern...

Troutman Sanders LLP: Jury Awards ActiveVideo $115 Million From Verizon In Patent Litigation

By Joshua Heslinga Late yesterday, a jury awarded ActiveVideo $115 million from Verizon, concluding the trial phase of the heated patent litigation. The Virginian Pilot reports on the verdict, and here is the verdict form . Our prior blog entries on this case (E.D. Va. no. 2:10-cv-00248) are here...

Heninger Garrison Davis LLC Expands Patent Litigation Practice, Opens New York And New Jersey Offices

BIRMINGHAM, Ala. - The law firm of Heninger Garrison Davis has announced that John "Jack" W. Olivo Jr. and Maureen Abbey have joined the firm. Olivo was a founding partner of Ward and Olivo, an intellectual property firm often engaged by other law firms throughout the country for its expertise...

LexisNexis Product Update: European Patent Law & Practice

European Patent Law & Practice provides guidance to in-house and outside counsel prosecuting and litigating patents in Europe. The product includes information on applications, expert examinations, licenses and all relevant patent laws affecting the European Patent Organization. Lexis.com subscribers...

IP Litigator Vernon M. Winters Joins Sidley's San Francisco Office

SAN FRANCISCO - Sidley Austin LLP has announced that Vernon M. Winters joined its San Francisco office as a partner in the intellectual property litigation practice, effective Jan. 1, 2012. Winters focuses his practice on complex patent and patent license litigation for life sciences companies and technology...

Supreme Court Unanimously Reverses Hatch-Waxman Counterclaim Ruling

WASHINGTON, D.C. - (Mealey's) Generic drug manufacturers may employ the Hatch-Waxman Act's counterclaim provision - known as a Section viii - to force correction of an inaccurate label when the brand-name drug's description overstates a particular method of use, the U.S. Supreme Court held...

Supreme Court: De Novo Review Proper For New Evidence In Patent Cases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 18 rejected a call by the U.S. Patent and Trademark Office (PTO) for stricter evidentiary rules and an elevated standard of review in challenges to adverse patentability rulings ( David J. Kappos v. Gilbert P. Hyatt , No. 10-1219, U.S...

Columbia Law School Center for Climate Change Law: Green Tech Companies Seek Market Dominance through IP Litigation

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School This is the third and final blog that discusses some of the most notable recent legal developments in the field of intellectual property law and green technology. In two prior posts, we discussed (1) the expiration of the USPTO's...

On Remand, Federal Circuit Reverses Patent Ineligibility Findings

WASHINGTON, D.C. - (Mealey's) In a divided ruling, the Federal Circuit U.S. Court of Appeals on Aug. 16 reversed a New York federal judge's determination that composition claims related to isolated DNA molecules are patent-ineligible products of nature and scientific principles pursuant to Section...

Controversy Requirement Debated Before Supreme Court In Trademark Case

WASHINGTON, D.C. - (Mealey's) The Second Circuit U.S. Court of Appeals properly found standing lacking in a trademark infringement case by virtue of a covenant not to sue, an attorney for Nike Inc. told the U.S. Supreme Court Nov. 7 ( Already LLC d/b/a YUMS v. Nike Inc. , No. 11-982, U.S. Sup.)....

Certiorari Granted For A Second Time In Cancer Gene Patent Dispute

WASHINGTON, D.C. - (Mealey's) Less than a year after it returned to the Federal Circuit U.S. Court of Appeals a patent lawsuit over diagnostic test kits for determining hereditary risk of breast and ovarian cancer, the U.S. Supreme Court on Nov. 30 announced it will again take up the case ( The Association...

Supreme Court Hears Oral Arguments In Legal Malpractice, Patent Case

WASHINGTON, D.C. - (Mealey's) Allegations that a group of attorneys committed legal malpractice by failing to plead an experimental use defense in a patent infringement case do not constitute a "substantial" question of federal law, counsel for the attorneys told the U.S. Supreme Court...

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