Typically, on this site, I discuss plagiarism and other content misuse issues that involve a plagiarist or an infringer directly misusing another’s work or misrepresenting their own. However, occasionally, I am reminded that our creations are vulnerable to more than plagiarists and pirates. Sometimes, our work is just a casualty in a different fight. For […]

CELANESE INTERNATIONAL CORPORATION v. ITC Before Reyna, Mayer, and Cunningham. Appeal from the International Trade Commission. Summary: Process patent claims are invalid under the on-sale bar (35 U.S.C. § 102(a)(1)) when products of a secret process are sold before the critical date. Celanese filed a petition in the International Trade Commission, accusing Jinhe of importing

What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly transacts business in person.” FRCP 45(c)(1). But that is only half the answer. As the Federal Circuit recently held, when

In a highly anticipated decision in Allergan v. MSN Labs., the Federal Circuit held yesterday that claims in a first-filed, first-issued, later-expiring patent cannot be invalidated for double patenting by claims in a later-filed, later-issued, earlier-expiring patent having a common priority date. Or, as stated more simply by the court, the first patent that issues

When two heavyweights such as INTA and MARQUES enter the ring and file statements in intervention with the General Court, you can bet that the case is interesting. INTA and MARQUES are doing nothing more than challenging the consistent case law of the Court of Justice of the EU (‘CJEU’) and the General Court on

The German Federal Court of Justice (BGH) has recently denied the request for appeal against the ruling of the Munich’s Higher Regional Court (OLG Munich) in the Habana II case (6 U 120/22). This has prompted this Kat to comment on the OLG Munich’s ruling in Habana II, which is now final. Background “Habanos” (Spanish

As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services that incorporate AI. This is especially true considering there may be situations where service providers use AI at some point in the workstream

By Lynn LaRowe (August 19, 2024, 1:15 PM EDT) — Latham & Watkins LLP announced Monday that it has bolstered its intellectual property litigation practice with a partner in Austin, Texas, who came aboard from Haynes and Boone LLP…. Law360 is on it, so you are, too. A Law360 subscription puts you at the center

United States Patent and Trademark Office Director Kathi Vidal’s recent sanctions decisions have been notable for their seriousness and impact. In each case, Vidal invoked the Director Review process, a measure implemented during her tenure. The most recent sanction was particularly severe, resulting in the invalidation of five patents due to evidence concealment, even disregarding

“Taken together, there is no rhyme or reason to the Federal Circuit’s strict construction of ‘obtain’ in the patent context and its loosey-goosey approach in the trademark realm.” On July 26, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Softview LLC v. Apple Inc., Nos. 2023-1005, -1007. In