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Intellectual Property
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February 05, 2025
Israeli Co. Accused Of Infringing Soap Dispenser Patent
Bobrick Washroom Equipment Inc. accused Israeli company Y. Stern Engineering (1989) Ltd. of infringing its patent for fluid dispenser technology through the sale of its Lotus Soap Dispenser series in a California federal court Tuesday.
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February 05, 2025
NC Technology Co., Purdue University Settle Patent Fight
North Carolina technology company Wolfspeed and Purdue University have settled a patent fight over a metal-oxide-semiconductor field-effect transistor, or MOSFET, according to a text-only order entered on the docket Tuesday.
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February 05, 2025
Modelo, Constellation Urge Judge To Block 'Counterfeit' Beer
Modelo and Constellation Brands have asked a Texas federal court to stop a beer distribution company from importing and selling "counterfeit" beers that have labels similar to those of Modelo, Corona and other beverages.
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February 05, 2025
Utah Judge Rules For Arkansas State In 'Red Wolves' TM Case
A Utah federal judge has dismissed a trademark complaint from a Park City soccer organization seeking declaratory relief against Arkansas State University over its "Red Wolves" mark, saying the court lacked jurisdiction over the matter.
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February 05, 2025
Food Slicer Patent Case Ends In Mistrial After 6 Days
A Missouri federal judge has declared a mistrial on day six of a trial between two companies that accused each other of infringing food slicing patents.
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February 05, 2025
NC Software Co. Says DQ Of Rival's Atty Shouldn't Stall Trial
An attorney being kicked off a bitter copyright case over source code shouldn't delay the fast-approaching trial, a U.S. software company told a North Carolina federal judge, arguing that its Dutch rival is trying to use the loss of its preferred counsel as a stalling tactic.
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February 05, 2025
Lawmakers Vote To Advance Commerce Nominee Lutnick
Senate lawmakers on Wednesday morning voted to advance Wall Street financier Howard Lutnick's nomination as secretary of commerce, moving the Cantor Fitzgerald CEO one step closer to helming the department that oversees international trade, the U.S. Patent and Trademark Office and other agencies.
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February 11, 2025
Inside Fitch Even's Play To Reclaim Patent Litigation Work
Amid a patent litigation landscape dominated by BigLaw, Chicago-based intellectual property boutique Fitch Even Tabin & Flannery LLP has teamed up with litigation firm MoloLamken LLP to reclaim the litigation work that bigger players have siphoned away.
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February 04, 2025
OpenSky Defends Patent Challenge After Verdict Against Intel
A company found using the patent review process to try to extort money from VLSI Technology LLC and Intel Corp. after a $2.18 billion jury verdict against the chipmaking giant is arguing it shouldn't have to pay legal fees, saying its efforts to revive a meritorious patent challenge is simply part of a "potentially profitable business model."
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February 04, 2025
Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed
A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.
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February 04, 2025
Fed. Circ. Grapples With Extensions On Reissued Patents
The Federal Circuit is set to decide when a reissued patent actually expires after fielding arguments Tuesday morning from Merck and the generic-drug makers who are trying to break the pharmaceutical giant's hold on a blockbuster drug that counteracts the effects of anesthesia.
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February 04, 2025
Liberated Brands Gets OK To Tap $25M In Ch. 11 Financing
A Delaware bankruptcy judge on Tuesday agreed to give interim approval for outdoors and athletic clothing retailer Liberated Brands LLC to access $25 million of its $35 million debtor-in-possession financing.
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February 04, 2025
Lawmakers Hit Replay On Bill For Singers' Radio Royalties
Lawmakers in Congress have reintroduced legislation that would require radio broadcasters to pay artists when playing their music, a measure that would address what the recording industry has called a legal loophole in which songwriters and publishers get paid — but not performers and labels — when radio stations play their music.
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February 04, 2025
Don't Let Trump's Changes Touch Patent Office, IP Attys Urge
U.S. President Donald Trump's executive order shake-ups have drawn the ire of intellectual property lawyers, who are complaining about how the prospect of mass resignations of federal workers, a hiring freeze and the end of telework policies will impact their work in front of the U.S. Patent and Trademark Office.
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February 04, 2025
Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight
The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.
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February 04, 2025
VedderPrice Eyes West Coast IP Growth With DLA Piper Hire
VedderPrice said Tuesday that it has hired a former partner at DLA Piper's Silicon Valley office to help grow its intellectual property offerings on the West Coast, touting his experience in the technology sector.
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February 04, 2025
MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules
A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.
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February 04, 2025
Music Group Criticizes Spotify Podcasts For Unlicensed Uses
The National Music Publishers' Association, which represents U.S. music publishers and songwriters, said Tuesday that it would begin sending removal notices for thousands of unlicensed uses of its members' works in podcasts on Spotify.
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February 04, 2025
Delta Accused Of Copyright Infringement For Software Use
Delta Air Lines is facing a copyright infringement lawsuit in Georgia federal court for allegedly authorizing Broadcom-owned software development company CA Technologies' DX NetOps software to be used on nearly 15,000 more devices than permitted under their licensing agreement.
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February 04, 2025
InterDigital Targets Disney+, Hulu, ESPN+ In Patent Claim
InterDigital Inc. said Monday that it has filed patent infringement claims against The Walt Disney Co. in several jurisdictions, alleging that the entertainment giant is using its video technology without a license.
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February 03, 2025
Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'
U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."
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February 03, 2025
Apple Seeks Bench Trial Win In Masimo's Trade Secret Suit
Apple Inc. urged a California federal judge Monday to issue a bench trial ruling that it didn't steal Masimo Corp.'s pulse oximetry technology for its smartwatches, arguing no actual trade secrets were at issue and that it used its own independently developed innovations to create the blockbuster product.
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February 03, 2025
PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says
The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.
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February 03, 2025
Artist Fights Lego's Bid To Toss Suit Over 'Queer Eye' Jacket
A New York leather jacket designer who claims that Lego ripped off his work after it appeared on the Netflix show "Queer Eye" has urged a Connecticut federal judge to deny the toy company's bid to toss his case, saying the jacket used in a Lego play set "is not just fabric and paint; it's an original expression."
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February 03, 2025
Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit
A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.
Expert Analysis
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3 Patent Considerations For America's New Quantum Hub
Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.
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Fed. Circ. Ruling Creates New Rule For Certification Marks
The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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Opinion
To Lower Drug Prices, Harris Must Address Patent Thickets
If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Trending At The PTAB: Obviousness In Director Reviews
Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.
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AI Art Ruling Shows Courts' Training Data Cases Approach
A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.