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Intellectual Property
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October 16, 2024
IP Litigation Duo Joins Holland & Knight In Dallas, Denver
Holland & Knight LLP announced that a pair of experienced intellectual property attorneys joined the firm's Dallas and Denver offices as partners following a stint at Kilpatrick Townsend & Stockton LLP.
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October 16, 2024
Fla. Jury Finds 2 Live Crew Can Take Back Music Rights
A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.
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October 16, 2024
DLA Piper Says 'Sloppy' Work Cost Pregnant Associate Job
DLA Piper urged a New York federal court to throw out a former associate's lawsuit alleging that she was fired after requesting maternity leave, saying her work performance was "shockingly poor" during her one year with the firm.
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October 16, 2024
French NBA Star Sues Over Illicit 'Wemby' Merchandise
Reigning NBA Rookie of the Year Victor Wembanyama has sued a Texas businessman who is allegedly selling merchandise, including T-shirts and candles, bearing his image and nickname "Wemby" without permission.
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October 15, 2024
Qualcomm Milked 'Weak Patents' For Monopoly, 9th Circ. Told
An attorney for a proposed class of cellphone buyers urged the 9th Circuit Monday to revive antitrust claims against Qualcomm, saying it used "weak patents" to secure licensing agreements that forced companies to give up their right to challenge the patents, although one judge questioned whether the plaintiffs had waived that argument.
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October 15, 2024
Western Digital Had No Way Around Patent, Spex Chief Says
Western Digital owes between $5 and $8.50 per unit for infringing Spex's data security patent based on Spex's 2009 licensing deal with Kingston Technology, Spex's president told California federal jurors Tuesday, noting that Western Digital had no noninfringing alternative to implement hardware encryption in its storage devices.
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October 15, 2024
Uncle Luke Says 2 Live Crew Songs Weren't Works For Hire
Rapper and producer Luther Campbell, also known as Uncle Luke, told jurors Monday that the checks they'd been shown for payments to members of hip-hop group 2 Live Crew were for per diem expenses, not paychecks, and insisted that the group members were not employees of his record label and can therefore claw back their rights to their old hit recordings.
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October 15, 2024
10th Circ. Finds Doll Co. Can Bring Copyright Suit In Utah
A Utah company that makes realistic human-sized dolls won a ruling from the Tenth Circuit on Tuesday that it can sue two Chinese companies for counterfeiting in Utah federal court because those businesses agreed to the jurisdiction of anywhere Amazon can be legally "found."
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October 15, 2024
NYT Says Perplexity Violating IP Law, AI Firm Claims Fair Use
The New York Times has hit Perplexity AI Inc. with a cease-and-desist letter claiming that the artificial intelligence startup is unlawfully using its copyrighted news content, while Perplexity contends that its AI search engine is lawfully indexing web pages and surfacing facts as citations.
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October 15, 2024
Patent Co. Drops IP Suits To Go After Carriers In Antitrust Cases
Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.
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October 15, 2024
Judge Backs Exelixis Cancer Drug Patent Claims
A Delaware federal judge on Tuesday rejected invalidity arguments against three Exelixis patents that MSN Laboratories Private Ltd. said it would be infringing with a proposed generic of blockbuster drug Cabometyx, while also finding that a fourth patent wasn't invalid nor was it infringed.
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October 15, 2024
Fed. Circ. Votes No On Reviving Ballot Machine Patent
The Federal Circuit on Monday shut down an effort to revive language in a patent covering a "ballot marking device" for disabled voters that had been asserted against vote-counting business Smartmatic USA Corp.
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October 15, 2024
OpenAI Says It Will Only Use Its Patents 'Defensively'
Artificial intelligence firm OpenAI has announced a new pledge to only use its patents for defensive reasons, provided others do not threaten it or assert claims against it first, echoing a similar position taken by electric-vehicle maker Tesla.
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October 15, 2024
GSK Says Moderna's COVID, RSV Vax Infringe MRNA Patents
Moderna's breakthrough COVID-19 vaccine and a related respiratory syncytial virus, or RSV, vaccine were built on mRNA technology discovered by researchers whose patents are owned by GlaxoSmithKline, the latter company alleged in a pair of Delaware lawsuits.
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October 15, 2024
Lenovo, InterDigital Settle Patent And Antitrust Suits
A Delaware federal judge on Tuesday dismissed long-running antitrust and patent claims between Lenovo and InterDigital on Tuesday, after InterDigital announced the companies would drop their allegations in accordance with the terms of a patent licensing deal and a binding arbitration agreement.
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October 15, 2024
Novartis To Appeal Ruling In Entresto Generic Drug Fight
Swiss drugmaker Novartis said Tuesday that it plans to appeal a ruling from over the weekend that scuttled its suit over the U.S. Food and Drug Administration's approval of a generic version of Entresto, the drugmaker's blockbuster heart failure medication.
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October 15, 2024
SD Calls Foul On NCAA For Moving NIL Suit From State Court
The state of South Dakota and its flagship universities on Tuesday asked that their suit challenging the NCAA's $2.78 billion settlement over name, image and likeness compensation be moved back to state court, claiming the NCAA "does not come within a country mile" of proving that it should have been removed to federal court.
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October 15, 2024
Google Became Search Giant On Stolen IP, Suit Says
Internet search engine company LookSmart sued Google LLC on Monday for patent infringement, claiming that the tech giant "clearly knew" it was using LookSmart's technology for ranking and searching documents without authority or license, all the while generating "over $150 billion in search-related revenue."
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October 15, 2024
Google Seeks To Pause Play Store Injunction Amid Appeal
Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.
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October 15, 2024
Amazon Prevails In Patent Trial Over Wi-Fi System
A federal jury has found that Amazon didn't infringe certain claims in a trio of wireless network patents, clearing it of allegations relating to some of the e-commerce giant's Wi-Fi enabled devices.
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October 15, 2024
Qorvo Follows $39M Jury Win With Trade Secrets Purge Order
A federal judge said wireless company Qorvo Inc. is entitled to permanent injunctions blocking Akoustis Technologies Inc. from infringing two acoustic wave resonator patents and another order requiring the "purging" of all misappropriated trade secrets from Akoustis' systems on top of a $39 million verdict in favor of the business.
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October 15, 2024
Baker Botts IP Leader In Calif. Jumps To Morgan Lewis
Morgan Lewis & Bockius LLP has grown its intellectual property team in California with the addition of the chair of Baker Botts LLP's IP department in the state.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Animation Co. Becomes Latest Alice Flop At High Court
The U.S. Supreme Court on Tuesday said it will not review whether patents covering the ability to animate digital photos were improperly invalidated for not meeting patent eligibility requirements.
Expert Analysis
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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How To Craft Strong Prong 2 Arguments For AI Patent Apps
The U.S. Patent and Trademark Office’s recent guidance update on subject matter eligibility for artificial intelligence inventions highlights that the key to overcoming rejection lies in the analysis under Prong 2, which practitioners should consider leading their arguments with, says Sean Lee at Baker Botts.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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USPTO Guidance Suggests 2 Strategies For AI Inventions
Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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A Look At The Economic Impact Of Drug Patent Differentiation
Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.