Intellectual Property

  • October 10, 2024

    5th Circ. Says ISP Liable For Piracy But Orders Damages Redo

    The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.

  • October 10, 2024

    NJ Atty Sues Netflix For Infringement Over Boy Scouts Movies

    A trial lawyer who spent years litigating sexual abuse cases against the Boy Scouts is suing Netflix Inc. for copyright infringement after the streaming giant came out with a documentary on the abuse just nine months after his film premiered.

  • October 10, 2024

    Nike Rips Report In TM Row, Rival Wants $6.75M In Fees

    Nike has pushed back on a report finding that its behavior toward a Pennsylvania apparel company during a trademark dispute was severe enough to support ordering Nike to pay attorney fees, with the smaller company saying it is owed about $6.75 million in fees.

  • October 10, 2024

    Lawmakers Want Calif. Colleges To Flex NIL Muscle

    As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.

  • October 09, 2024

    Kingston Paid Royalties For SPEX's Data Security IP, Jury Told

    The founder of Spyrus Inc., which assigned its data security patents to SPEX Technologies, Wednesday told California federal jurors in the infringement trial against Western Digital that Kingston Technology paid a royalty rate of $20 per flash drive sold to license the patent and never challenged its validity.

  • October 09, 2024

    Shkreli Hasn't Obeyed Wu-Tang Album Order, Crypto Co. Says

    The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Wednesday once again told a New York federal judge that the notorious pharmaceutical executive hasn't complied with an order directing him to account for all copies of the album he may have made.

  • October 09, 2024

    Amid Copyright Suit, Authors Guild Eyes Licensing To AI Cos.

    The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.

  • October 09, 2024

    Cisco Gets PTAB To Wipe Out Most Of Network Patent

    An administrative patent board has trimmed most of a patent that was issued to a since bankrupt Tel Aviv telecom supplier and later eventually asserted against Cisco.

  • October 09, 2024

    Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling

    Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.

  • October 09, 2024

    9th Circ. Judge Open To Rebooting CoStar Antitrust Fight

    A Ninth Circuit judge on a three-judge panel appeared open Wednesday to reviving counterclaims alleging CoStar monopolizes commercial real estate information markets, telling CoStar's counsel repeatedly that the lower court's ruling "reads more like summary judgment" than the granting of a motion to dismiss and improperly draws inferences in favor of CoStar.

  • October 09, 2024

    Judge Finalizes $65.7M Verdict Against Cisco In IP Case

    A $65.7 million verdict from earlier this year against Cisco Systems has been finalized by a Western District of Texas judge, in a case where a jury found the company infringed Paltalk's patent related to hybrid audio servers.

  • October 09, 2024

    'Sophie's Choice' Theatrical Rights Deal Long Over, Court Told

    The 95-year-old widow of "Sophie's Choice" author William Styron urged a judge on Wednesday to dismiss a lawsuit alleging that she broke a deal for the theatrical rights to the 1979 novel, saying the agreement signed between the playwright plaintiff and her late husband in 2005 and several later agreements expired more than five years ago.

  • October 09, 2024

    'San Francisco' In Oakland Airport Name Is Fair Use, Port Says

    The Port of Oakland has told a California federal judge that San Francisco's preliminary injunction bid should be rejected as the city is not likely to prevail on its trademark infringement claims over the renaming of Oakland's airport to "San Francisco Bay Oakland International Airport," saying it doesn't create confusion.

  • October 09, 2024

    Logan Paul Brand Can't Block Messi Drink Collab, Suit Says

    The maker of White Claw has sued social media influencer and pro wrestler Logan Paul's sports beverage company Prime Hydration, seeking a declaration from a New York federal court that its recent collaboration with soccer legend Lionel Messi on a beverage doesn't infringe Prime's trademarks.

  • October 09, 2024

    Thomson Reuters Again Seeks Win On ROSS' Pilfering

    Thomson Reuters on Tuesday filed a pair of renewed motions for partial summary judgment seeking to block ROSS Intelligence Inc. from claiming fair use, and hold it liable for copyright infringement, in a suit alleging ROSS ripped off the Westlaw research platform for its artificial intelligence product.

  • October 09, 2024

    USPTO Won't Let Non-Patent Attys Take Lead At PTAB

    The U.S. Patent and Trademark Office on Wednesday announced it would not move forward with its proposal to allow attorneys who don't belong to the patent bar serve as lead counsel at the Patent Trial and Appeal Board.

  • October 09, 2024

    Frost Brown Ducks Malpractice Suit Over League Trademarks

    A Delaware Superior Court judge has tossed a malpractice suit alleging that Frost Brown Todd LLP failed to adequately investigate infringement issues with trademarks a football league sought to use in the relaunch of the United States Football League.

  • October 09, 2024

    Ousted AI Engineer Took Trade Secrets, Auto Service Co. Says

    A software engineer who was fired from auto services company Agero after just three months took hundreds of confidential files and other materials, according to a suit filed on Wednesday in Massachusetts state court.

  • October 09, 2024

    'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients

    A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.

  • October 09, 2024

    Final Treasury Rules Shut Off Inclusion For Repatriated IP

    The U.S. Treasury Department adopted final rules Wednesday that shut off an annual income inclusion associated with intangibles for companies in certain situations that have transferred intellectual property back to the U.S. from overseas.

  • October 08, 2024

    Western Digital Owes $334M Over Data Security IP, Jury Told

    Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.

  • October 08, 2024

    Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight

    A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.

  • October 08, 2024

    'Alarming' AI Might Aid Research In Patent Fights, Judge Says

    A Federal Circuit judge on Tuesday told law school students at the University of California, Berkeley that while he finds artificial intelligence tools "a little alarming and frightening," he could see how they might be useful for finding prior art in patent disputes.

  • October 08, 2024

    Illumina Wants Unresponsive Plaintiff To Pay $200K, Atty Fees

    Biotechnology company Illumina Inc. asked a New Jersey federal court Tuesday to order a former graduate student to pay $200,000 in liquidated damages for allegedly failing to respond to attempts to finalize a settlement to his claims that attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated a patent case to steal his intellectual property.

  • October 08, 2024

    ITC Erred With Oil Drilling Tech IP Ruling, Fed. Circ. Told

    US Synthetic Corp. on Tuesday urged the Federal Circuit to reverse a U.S. International Trade Commission decision that allows rivals to import a diamond oil drilling tool material the Utah-based company says infringes its intellectual property, arguing the agency wrongly found its drilling technology invention is abstract and patent-ineligible.

Expert Analysis

  • The Shifting Role Of Patent Attorneys In The Age Of AI

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    The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • 2nd Circ. Provides NY Pathway For Fighting Foreign Infringers

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    A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Consider Best Legal Practices For Commissioning Public Art

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    Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.

  • A Look At The PTAB's Assessment Of Prior Art Exceptions

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    The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne Kessler.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • How Patent Litigation Is Changing Amid Decline In Filings

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    Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.

  • Primer On Chinese Trade Secret Disputes For US Practitioners

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    Increasing cross-border disputes over trade secret misappropriation between U.S. and Chinese entities emphasize the need for U.S. practitioners to navigate China's legal landscape following recent reforms that enhance the viability of litigation in Chinese courts, say attorneys at Jones Day.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Opinion

    Failure To Use Apportionment Has Distorted Patent Damages

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    Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

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