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Intellectual Property
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June 26, 2024
Design Patent Attys Wary Of Applicant Disclosure Proposal
Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.
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June 26, 2024
Ex-Ameriprise Father-Son Duo Agree To Return Biz Info
A father and son and their former employer, financial services company Ameriprise, have reached an agreement that will see the two men return confidential records they allegedly took "in the dark of the night" as they exited the company for jobs with a competitor.
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June 26, 2024
Ga. High Court Told To Skip Inventor's 'Clerical Mistake' Fight
A unit of the analytics giant Clarivate is telling Georgia's highest court that a neurosurgeon's $102 million legal malpractice case over "a clerical mistake" in a patent filing from an aggrieved former FisherBroyles client is definitely "not a cert-worthy case."
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June 26, 2024
3rd Circ. Won't Revive Distillery Investor's RICO, Secrets Case
The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.
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June 26, 2024
IP Co. Breaching Investment Laws, Shareholder Alleges In Del.
A shareholder of patent developer Network-1 Technologies Inc. has sued the company in Delaware's Court of Chancery, saying he needs to see the company's books and records to investigate, among other things, whether it is "operating as an unregistered investment company, contrary to the Investment Company Act of 1940."
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June 26, 2024
Artists Drum Up Support For Bill To Pay Music Royalties
Congress needs to protect musical artists' intellectual property rights by requiring radio broadcasters to pay royalties for airing their sound performances, as most other countries do, the recording industry told lawmakers Wednesday.
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June 26, 2024
Feds To Reassess Whether Garage Door Imports Violated Patents
The U.S. International Trade Commission will be reviewing an administrative law judge's ruling that Nortek Inc. violated U.S. trade law by importing products that infringe on a rival's intellectual property.
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June 26, 2024
Ex-Ticketmaster Exec Pleads Guilty In Hacking Case
A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.
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June 26, 2024
Nantucket Festival Owner Sues Over Alleged Imposter Event
The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."
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June 26, 2024
Apple Watch Improvement Is 'Inferior,' Docs Tell 9th Circ.
Four cardiac specialists backed medical monitoring startup AliveCor against Apple in a Ninth Circuit amicus brief Tuesday arguing a district court wrongly nixed antitrust claims by crediting the phaseout of a heart rate monitoring algorithm as an improvement when all it did was deny patient access to "potentially life-saving" technology.
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June 26, 2024
Fed. Circ. Says No Fees For HID Global In Patent Suit
The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.
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June 26, 2024
House GOP Gears Up For The End Of Chevron Deference
A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.
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June 26, 2024
Authors Suing OpenAI Must Hand Over Pre-Suit Test Data
A California federal magistrate judge ordered a group of authors accusing OpenAI of copyright infringement to hand over information related to their pre-suit testing of the company's artificial intelligence bot ChatGPT, saying they waived their ability to say it's protected work product by including some test results in their lawsuit.
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June 26, 2024
Newspapers Rip OpenAI, Microsoft Bids To End Copyright Suit
Eight newspapers accusing Microsoft Corp. and OpenAI Inc. of infringing copyrights of their works to train their chatbots have blasted the companies' dismissal bids in New York federal court, saying OpenAI's motion reads "like a press release" instead of a legal argument and that Microsoft is "focused on telling its story," which the papers contend "is full of holes."
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June 26, 2024
US Leads Charge As $7T Poured Into Intangible Assets In 2023
Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.
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June 25, 2024
NC Judge Bars Consultant From Lying About Packaging Patent
A North Carolina federal judge has enjoined a patent owner from "making bad-faith, objectively false assertions of infringement" to insulated box maker Eco Fiber Inc.'s customers, as past assertions to the company's main customer have put it at "severe risk of losing [its] business."
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June 25, 2024
Riley Safer Expands IP Practice With Chicago Partner
Chicago firm Riley Safer Holmes & Cancila LLP has bolstered its intellectual property practice by bringing on board an experienced litigator from Goldman Ismail Tomaselli Brennan & Baum, the law firm announced Tuesday.
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June 25, 2024
PTAB Wipes Out UMass Skin Disease Treatment Patent
The Patent Trial and Appeal Board has sided with Forte Biosciences in invalidating a University of Massachusetts patent on treating the skin disease vitiligo, ruling that the patent does not adequately describe the invention or enable a skilled person to make and use it.
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June 25, 2024
Sporting Cos. Must Face Shotgun Shell Maker's TM Suit
A shotgun shell producer's failure to search the internet for violations of his trademark does not make the claims in his lawsuit untimely, a Georgia federal judge ruling Tuesday, saying a majority of claims related to the use of his "Quik-Shok" mark fall within the allowable time limits for lodging a challenge.
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June 25, 2024
Fed. Circ. Restores Amarin's Skinny Label Suit Against Hikma
The Federal Circuit revived litigation Tuesday accusing Hikma Pharmaceuticals USA Inc. of inducing physicians to infringe patents covering Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa in a case over limited-use generics.
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June 25, 2024
Prolitec Can't Dodge Claims In Air Freshener Patent Dispute
A federal judge in Delaware has refused to toss patent infringement counterclaims against Prolitec concerning designs for a computer-operated scent delivery system owned by ScentAir, saying it's too early for a ruling.
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June 25, 2024
Judge Moves Music Publishers' IP Suit Against AI Co. To Calif.
A Tennessee federal judge has said the Volunteer State wasn't the right place to hear a copyright lawsuit from a group of music publishers against an artificial intelligence company, deciding to ship the case to California.
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June 25, 2024
Google Tells Fed. Circ. To Eye ITC's Powers If Chevron Ends
As the U.S. Supreme Court considers abolishing or narrowing precedent requiring deference to the legal interpretations of government agencies, a key part of the U.S. International Trade Commission's patent authority should be reconsidered, Google has told the full Federal Circuit.
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June 25, 2024
Fed. Circ. Won't Ship Patent Suit Against Apple Back To Texas
The Federal Circuit on Tuesday denied a bid from patent-owning technology company Haptic Inc. to send its infringement suit back to Texas after it was transferred to California earlier this year, saying it wasn't going to second-guess the lower court's decision.
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June 25, 2024
Snell & Wilmer Adds Kirkland IP Partner In DC
A longtime Kirkland & Ellis LLP litigator has jumped to Snell & Wilmer LLP's intellectual property group in Washington, D.C., the firm announced Monday.
Expert Analysis
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Tips For Keeping Trade Secrets In The Vault
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.