LexisNexis® Legal Newsroom
Slusser Wilson & Partridge L.L.P. Joins Fulbright & Jaworski L.L.P.

HOUSTON - The Houston intellectual property trial firm of Slusser Wilson & Partridge L.L.P. has joined forces with the internationally regarded firm Fulbright & Jaworski L.L.P. Bill Slusser, Mike Wilson and Jayme Partridge have extensive jury trial experience in patent cases. Each has an engineering...

Troutman Sanders LLP: Jury Awards DuPont $920M In Virginia Intellectual Property Case

By Dabney Carr Yesterday [September 14th], in what we believe is the largest verdict in an intellectual property case in Virginia, a jury in the Richmond Division of the Eastern District of Virginia awarded Dupont $920 million for misappropriation of trade secrets against the Korean company, Kolon...

Supreme Court Hears Dispute Over Copyright Restoration, Public Domain Works

WASHINGTON, D.C. - (Mealey's) Formerly copyrighted works or never copyrighted works that have fallen into the public domain become the property of the public, a Stanford University professor told the U.S. Supreme Court Oct. 5 ( Lawrence Golan, et al. v. Eric H. Holder Jr., et al. , No. 10-545, U...

High Court Hears Oral Arguments In Dispute Over Evidence In Patent Appeals

WASHINGTON, D.C. - (Mealey's) Federal district courts deciding an adverse patentability ruling by the U.S. Patent and Trademark Office (PTO) should apply a deferential standard of review, an attorney for the U.S. government told the U.S. Supreme Court Jan 9 ( David J. Kappos v. Gilbert P. Hyatt ...

Supreme Court Sides With Government In Dispute Over Public Domain Works

WASHINGTON, D.C. - (Mealey's) Congress did not exceed its authority in enacting Section 514 of the Uruguay Round Agreements Act (URAA), which extended protection to foreign works that would otherwise fall into the public domain, a divided U.S. Supreme Court ruled Jan. 18 ( Lawrence Golan, et al....

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...

Jury Says Google Infringed, But It Can't Agree On Fair Use

SAN FRANCISCO - (Mealey's) After five full days of deliberation, federal jurors in California issued a partial verdict on May 7 in the closely watched copyright dispute over defendant Google Inc.'s Android software platform ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.). ...

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...

Law360 Selects The Most Feared Law Firms In Intellectual Property Litigation

Law360 recently reported on three cream-of-the-crop firms in IP litigation. These powerhouses of IP litigation include: Alston & Bird LLP; Jones Day; and Reed Smith LLP. What separates these firms from the others? Factors include technological skills, strategic resources, and understanding...

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.)....

Adding Some Extra ‘Happy’ To Your New Year With Enhancements Added To The Global IP Law Service!

LexisNexis has released two new features in Global IP Law Service (GIPLS) which are sure to help in your IP research: · Monthly summary of new developments in practice and proceedings for all jurisdictions covered by GIPLS. Each monthly summary provides a set of links that takes the user directly...

Supreme Court Hears Patent Exhaustion, Soybean Seed Case

WASHINGTON, D.C. - (Mealey's) If allowed to stand, a 2011 Federal Circuit U.S. Court of Appeals ruling will threaten farmers by prioritizing "patent rights over personal property rights," something "that's never been done in 150 years,"an attorney for one such farmer told...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Supreme Court Reverses, Says First Sale Doctrine Applies In Copyright Case

WASHINGTON, D.C. - (Mealey's) A student accused of copyright infringement prevailed March 19 at the U.S. Supreme Court, which held in a divided ruling that the first sale doctrine applies to lawfully made works manufactured abroad and imported to the United States ( Supap Kirtsaeng d/b/a BlueChristine99...

Supreme Court Affirms Patent Exhaustion Not Applicable In Seed Dispute

WASHINGTON, D.C. - (Mealey's) A soybean farmer accused of infringing a patented pesticide-resistant seed was defeated May 13 in his efforts to avoid liability via the patent exhaustion doctrine, when the U.S. Supreme Court deemed the doctrine inapplicable to the dispute ( Vernon Hugh Bowman v. Monsanto...

Supreme Court Grants Certiorari In Dispute Over Cardiac Device Patents

WASHINGTON, D.C. - (Mealey's) The question of whether a patent licensee bears the burden of proving that its products do not infringe in a declaratory judgment action filed pursuant to MedImmune Inc. v. Genentech Inc. (549 U.S. 118, 137 [2007]) will be decided by the U.S. Supreme Court, which on...

Supreme Court Grants Certiorari In Dispute Over Lanham Act Standing

WASHINGTON, D.C. - (Mealey's) The question of which analytic framework applies when assessing prudential standing in Lanham Act false advertising cases will be taken up by the U.S. Supreme Court, which granted certiorari June 3 in a longstanding dispute over toner cartridges ( Lexmark International...

This Is Real Law: Expert Witness Malpractice: Making The Case For—And Against—Civil Liability

Captain Corcoran was never, never sick at sea. Well, hardly ever —as audiences familiar with Gilbert and Sullivan’s beloved 1878 comic opera H.M.S. Pinafore know so well. Indeed, they eagerly await the moment early in the opera when, challenged in song by his gallant crew, the ship’s...

In Copyright Infringement Action, U.S. Supreme Court Review Sought To Determine Damages When Profits Are Fixed, Such As In A WrestleMania Event

Anthony Dash, a musician, asserted that he was entitled to damages for copyright infringement after Floyd Mayweather, Jr. used a song written by Dash when he entered an arena during a WrestleMania XXIV event. Dash contended that he was never informed that the song, with lyrics added, was going to be...

Bankruptcy Debtor Sought U.S. Supreme Court Review After Notice Was Not Given To Its Shareholders When ‘Conan The Barbarian’ Stock Was Sold

On March 19, 2014, Stan Lee Media, Inc., a bankruptcy debtor, filed a petition for writ of certiorari in the U.S. Supreme Court. The debtor sought to protect the rights of its shareholders. It alleged that a portion of its stock that related to the copyrights and intellectual property of “Conan...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph requires that "a patent's claims...

California Federal Judge Finds ‘Happy Birthday’ Song Copyright To Be Invalid

On September 22, 2015, Chief Judge George H. King of the U.S. District Court for the Central District of California issued a summary judgment ruling declaring invalid Warner/Chappell Music, Inc., and Summy-Birchard, Inc.’s purported copyright to the lyrics of the song Happy Birthday To You ( Happy...