Intellectual Property

  • December 09, 2024

    Jones Says Waiver Gave Onion Unfair Edge In Infowars Auction

    Lawyers for Alex Jones on Monday stepped up their criticism of satirical news outlet The Onion's bid to buy the conspiracy theorist's Infowars website, urging a Texas bankruptcy judge to block the deal and hand Infowars to a company operating a supplements website instead.

  • December 09, 2024

    Intellia Can't Escape Patent Suit Over $100M Regeneron Deal

    Biotechnology company Intellia Therapeutics cannot ditch BlueAllele's claims that it infringed three patents related to gene editing to reap over $100 million under a deal with Regeneron Pharmaceuticals, a Pennsylvania federal judge ruled Monday, saying BlueAllele has plausibly alleged its rival is not entitled to drug-development safe harbor.

  • December 09, 2024

    Bill Aiding Not-So-Small Patent Applicants Advances

    A federal measure that would allow patent applicants to avoid financial penalties for incorrectly seeking reduced fees for small applicants has made its way to President Joe Biden's desk.

  • December 09, 2024

    Blockchain Co. IP Fight With Investment Firm Teed Up For Trial

    A California federal judge has said a jury should decide whether the investment firm Franklin Templeton misappropriated trade secrets of Blockchain Innovation LLC and breached its fiduciary duty and contract with the firm when it shut down a digital asset startup that Blockchain later acquired.

  • December 09, 2024

    O'Melveny Faces DQ Effort In Hyundai TM Dispute

    An attorney defending computing company Hyundai Technology in its trademark dispute with Hyundai Motor Co. told a California federal judge Monday that O'Melveny & Myers LLP should be disqualified from representing the automotive giant because it retained and used a privileged document that was inadvertently shared in discovery.

  • December 09, 2024

    Meet The Attys Arguing Over Trademark Liability At High Court

    A Gibson Dunn partner who has argued before the U.S. Supreme Court 27 times will square off against the former solicitor general of West Virginia in a high court fight Wednesday over whether corporate affiliates must pay a real estate development company's $46.6 million trademark infringement judgment when they are not parties in the case.

  • December 09, 2024

    Campbell's Accuses Rival Of Copying Iconic Can Design

    The Campbell's Co. is accusing a competitor of copying the soup giant's "famous and iconic" can design, claiming in a New Jersey federal court complaint that the other company intentionally leveraged the mimicry to its benefit.

  • December 09, 2024

    Condom Co. Says Rival Owes $744K In 'Naked' IP Dispute

    A U.S.-based condom company told a Florida federal judge during a bench trial on Monday that an Australian rival owes at least $744,000 in attorney fees after losing in a dispute over use of the trademark "naked," saying the two had made a formal agreement but didn't memorialize it in writing.

  • December 09, 2024

    Verizon, Ericsson Agree To Settle Co.'s Wireless IP Row In EDTX

    Verizon Wireless and Ericsson have agreed to a deal that will end a suit accusing them of infringing a pair of wireless network patents owned by a Dallas patent business, a move that came after the first day of a retrial in the case.

  • December 09, 2024

    Fed. Circ. Backs Priceline, Booking's Patent Case Win

    The Federal Circuit on Monday backed a Delaware federal court's ruling that Priceline.com LLC and Booking.com did not infringe an e-commerce patent, agreeing with how a judge construed key claim terms.

  • December 09, 2024

    Ga. Attys Urge Companies To Develop Generative AI Policies

    Companies need to develop policies mitigating the effects of generative artificial intelligence as the tool is already impacting contracts and other aspects of business across nearly every industry, attorneys said Monday at a State Bar of Georgia panel.

  • December 09, 2024

    Boies Schiller Adds 2 Litigators In New York, San Francisco

    Boies Schiller Flexner LLP has hired two litigators for its New York and San Francisco offices, the firm announced Monday.

  • December 09, 2024

    MLB Can't Duck Digital Ticket IP Suit Despite Plaintiff Swap

    A New York federal judge declined to toss a digital ticketing patent holder's amended infringement complaint against Major League Baseball's interactive division, reasoning that the complaint was still valid even though the inventor substituted his company as the plaintiff.

  • December 09, 2024

    Pa. Fudge Maker Seeks Atty Fees In 'Moonshine' TM Fight

    Even though a Pennsylvania jury had found that Local Yokels Fudge and Christopher Warman's ex-wife had copied his secret "Chocolate Moonshine" fudge recipe, the defendants want Warman to pay some of their legal bills because they say he made frivolous trademark claims and falsely claimed they were still using the recipe after the 2023 trial.

  • December 09, 2024

    Anti-China Bias Tainted ADI Trade Secrets Case, 1st Circ. Told

    A former Analog Devices Inc. microchip engineer convicted of pilfering valuable design schematics to launch a competing business has told the First Circuit the government singled him out for prosecution due to his Chinese ethnicity and investigators' hopes he would turn out to be a foreign spy.

  • December 09, 2024

    High Court Won't Hear Zimmer Biomet Royalties Fight

    The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired.

  • December 07, 2024

    Up Next: Environmental Reviews, Wire Fraud & TM Awards

    The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.

  • December 06, 2024

    Fed. Circ. Dissects Role of Corrected IP In Construction PGR

    A Federal Circuit panel on Friday worked through whether the Patent Trial and Appeal Board had blocked a patent challenger from raising concerns about the validity of claims corrected during a post-grant review, and whether the corrected claims could be addressed in district court.

  • December 06, 2024

    Galderma Can't Undo Lupin's Skin Drug Win At Fed. Circ.

    Federal Circuit judges on Friday upheld a bench trial finding earlier this year that allowed an Indian generic-drug maker to start selling a treatment for a chronic skin condition that competes with a brand developed by Swiss skin care giant Galderma.

  • December 06, 2024

    High Court To Weigh $47M TM Award Liability For Non-Parties

    A trademark case before the U.S. Supreme Court Wednesday will delve into whether corporate affiliates of a real estate development company should be liable for an infringement judgment of nearly $47 million, even though they were not named defendants in the litigation.

  • December 06, 2024

    9th Circ. Won't Revisit CR Bard's Patent Misuse Win

    The Ninth Circuit declined Friday to rethink its holding that C.R. Bard was allowed to seek royalties on sales of a vascular stent after a U.S. patent had expired, rejecting Atrium Medical Corp.'s rehearing bid in the $53 million bench trial appeal.

  • December 06, 2024

    2nd Circ. Won't Revisit Sheeran's 'Let's Get It On' Win

    The Second Circuit won't rethink a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," handing a loss to Structured Asset Sales LLC.

  • December 06, 2024

    PTAB Axes Patent Claims In Scrapped $583M Verizon Verdict

    The Patent Trial and Appeal Board has ruled that Verizon was able to show that two claims in a General Access Solutions wireless network patent were invalid, the latest action in a larger legal battle between the parties.

  • December 06, 2024

    Patent Litigation Funders 'Fleeing' Del. Court, Study Says

    Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.

  • December 06, 2024

    OpenAI Unveils Plans To Ask JPML To Centralize IP Suits

    OpenAI Inc. informed New York and California federal courts this week it plans to ask the Judicial Panel on Multidistrict Litigation to centralize eight copyright infringement and Digital Millennium Copyright Act lawsuits — including a proposed class action — brought by content creators and publishers.

Expert Analysis

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Patent Owner Estoppel Questions In The Wake Of SoftView

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    The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.

  • Copyright Termination Opinion Departs From Long-Held Views

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    In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.

  • 3 Patent Considerations For America's New Quantum Hub

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    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.

  • Fed. Circ. Ruling Creates New Rule For Certification Marks

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    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.

  • A Preview Of AI Priorities Under The Next President

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    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.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    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.

  • Why India May Become A Major Patent Litigation Forum

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    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.

  • Opinion

    To Lower Drug Prices, Harris Must Address Patent Thickets

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    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.

  • How Methods Are Evolving In Textualist Interpretations

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    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.

  • 5 Ways To Confront Courtroom Technology Challenges

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    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.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    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.

  • Trending At The PTAB: Obviousness In Director Reviews

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    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.

  • AI Art Ruling Shows Courts' Training Data Cases Approach

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    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.

  • FTC Focus: What Access To Patent Settlements Would Mean

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    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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