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Intellectual Property
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September 18, 2024
VLSI Wants Intel License Fight To Be Tossed Or Sent To Texas
VLSI is fighting against a suit in which Intel has claimed it already has a license to various VLSI patents, saying the case should either be transferred out of Delaware federal court or dismissed outright.
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September 18, 2024
Modelo Says Texas Beer Co. Ripping Off Corona, Other Brands
Modelo and Constellation Brand have sued a Texas-based beer distribution company in federal court, accusing it of selling and advertising beer products that imitate the names, color schemes and marks of their beers, including Corona, Pacifico, Barrilito and Victoria.
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September 18, 2024
USPTO Makes Patent Amendment Program Permanent
The U.S. Patent and Trademark Office on Wednesday made permanent a pilot program that assists patent owners seeking to amend patent claims in America Invents Act reviews by providing preliminary feedback about proposed changes.
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September 18, 2024
Georgia High Court Won't Hear Missed Patent Deadline Case
The highest court in Georgia has decided not to take up an appeal from a neurosurgeon in his nearly $102 million lawsuit, letting stand a lower court's finding that a patent docketing contractor used by remote law firm FisherBroyles can't be held liable for a missed patent application deadline.
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September 18, 2024
Toss Atty Input Overboard, Says Org. In Blackbeard Image Spat
A marine research organization and a state cultural resources agency have urged the North Carolina Business Court to scrap testimony from attorneys from trial evidence in a contract battle over the use of images and video of Blackbeard's shipwreck.
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September 18, 2024
IP Firm Prevails In Malpractice Suit Over Dueling Patent Apps
A Boston intellectual property law firm on Wednesday ducked a legal malpractice suit brought by a Colorado technology company alleging the firm betrayed it while filing patents on behalf of another client, after a Massachusetts federal judge found an absence of attorney-client relationship sunk the claims.
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September 18, 2024
Pa. AG Sues Robot Co. Over $2M In Unfilled Orders, Refunds
A Pittsburgh robotics company took orders for more than $4 million worth of robot toys but failed to deliver many of them — and in the case of a toy based on the TV show "Rick and Morty," didn't secure the intellectual property rights — according to a consumer protection lawsuit announced by the Pennsylvania Attorney General's Office on Wednesday.
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September 18, 2024
SF Says Oakland Airport Name Change Is 'Copycat Branding'
San Francisco officials are urging a California federal court to block Oakland's attempt to incorporate "San Francisco Bay" into its airport name, accusing Oakland of "adopting a copycat brand" to attract more travelers.
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September 18, 2024
ITC Looking At Advanced Bionics Implant Patent Claims
The U.S. International Trade Commission said it will look into allegations from Switzerland's Advanced Bionics that Austria's Med-El has been infringing cochlear implant hearing aid technology.
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September 18, 2024
Conn. Investment Adviser Stole Secrets, Ex-Employer Says
An employee of a Connecticut investment advisory firm started a competing company and solicited his employer's clients before suddenly resigning and taking trade secrets to his new business, according to a new lawsuit in state court.
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September 18, 2024
NCAA Must Give Up Control To Reach Suitable NIL Settlement
The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.
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September 18, 2024
No Excess Coverage For Atos' Trade Secrets Suit, Judge Says
A Liberty Mutual unit doesn't owe coverage to a subsidiary of French information technology giant Atos for an underlying trade secrets suit, a New York federal court ruled, saying the company failed to provide timely notice of the claim as required by its $10 million errors and omissions policy.
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September 18, 2024
Texas Firm, Marketing Biz Settle 'Click To Call' Ad Scheme Suit
A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.
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September 18, 2024
Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes
California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.
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September 18, 2024
Breitling Can't Get $1.4M Fee In Jeweler's 'Red Gold' TM Suit
A Connecticut federal judge has rejected a request for $1.48 million in attorney fees by Swiss watchmaker Breitling SA and its American arm after they beat trademark infringement claims brought by a California jeweler, ruling that the claims may have been unsuccessful but that they were "not frivolous."
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September 18, 2024
Another IP Team Joins Barclay Damon From DC Boutique
Three intellectual property attorneys from the D.C.-based boutique firm Gardella Grace PA have moved their practices to Barclay Damon LLP, making them the second IP group to move to Barclay Damon from a boutique in the last five months, according to a Tuesday announcement.
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September 17, 2024
Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes
The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."
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September 17, 2024
JM Smucker Says Rival Is Spreading Uncrustable Lies
A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.
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September 17, 2024
2nd Circ. Lets American Girl Doll Counterfeit Case Proceed
The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
Flowers For Miley? Not Without Bruno Mars, Suit Says
Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
Tech Co. Takes Shot At Brooklyn Nets Over 'Netaverse' Use
The Brooklyn Nets have damaged the reputation of hardware and software technology company Phinge Corp. by unlawfully using the phrase "netaverse," which Phinge has been using since 2022, for the team's virtual reality services, according to a new trademark infringement lawsuit lodged in California federal court.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Google Taps In-House Atty For Head Of General Litigation
Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
Expert Analysis
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Patent Ruling Shows A Minor Typo Can Lead To A Major Loss
A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.