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Intellectual Property
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Featured
A Guide To The USPTO's Long List Of Requests For Comment
The U.S. Patent and Trademark Office has kept attorneys busy this year by seeking input on numerous patent issues and proposed rules. Here's a cheat sheet to the topics where feedback has been collected, from fee hikes to director reviews, and those with upcoming comment deadlines, including artificial intelligence.
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July 25, 2024
Blue Bottle Won't Be Sanctioned Or Pay Atty Fees In TM Row
Blue Bottle won't be sanctioned nor ordered to pay $1.15 million in fees for losing its trademark suit against a company selling "Blue Brew" brand accessories, with a California federal judge ruling Wednesday that its infringement claims weren't frivolous and that its likelihood of confusion argument was "rooted in good faith."
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July 25, 2024
Pfizer Calls GSK Patents In COVID Vax Case Unenforceable
Pfizer and BioNTech have fired back at GlaxoSmithKline's patent suit against them over the COVID-19 vaccine, saying GSK's patents are unenforceable because the company delayed in filing its applications and then crafted them to cover the blockbuster vaccine after it became available.
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July 25, 2024
Fed. Circ. Backs Penn. Jury Invalidating Sherwin-Williams IP
A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.
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July 25, 2024
DC Panel Upholds FDA's Win Against Ipsen's Generics Suit
A D.C. panel declined to revive Ipsen's challenge to regulators' refusal to classify its acromegaly drug as a biologic, which would have blocked generic versions of it, finding Thursday the drug's active ingredient doesn't meet the Food, Drug and Cosmetic Act's definition of a protein to be considered a biologic.
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July 25, 2024
Shkreli Says He Has Right To Use Wu-Tang Clan Album Copies
Martin Shkreli pushed back on a crypto project's bid to force him to hand over copies of the one-of-a-kind Wu-Tang Clan album he once owned, saying his original purchase agreement of the album entitled him to make the copies and the album's current crypto owner hasn't shown how Shkreli's duplicates irreparably harm the value of the original.
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July 25, 2024
Copyright Office OKs Group Registration For News Websites
The U.S. Copyright Office has created a new group registration option for news websites that are updated frequently, allowing publications to register a group of updates as a collective work with portions of the work rather than all the website's content, according to the federal register.
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July 25, 2024
Fed. Circ. Axes 'Trump Too Small' Holding After Justices' Rule
The Federal Circuit on Thursday vacated its 2022 ruling that California attorney Steve Elster should be allowed to register "Trump Too Small" as a trademark after the U.S. Supreme Court concluded he could not because the "names clause" of the Lanham Act prohibits registering a name as a mark without that person's permission.
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July 25, 2024
USPTO No Longer Wants To Change TM Response Deadlines
The U.S. Patent and Trademark Office said Thursday it has decided to keep current post-registration response deadlines after the agency concluded that many trademark owners would not be subject to the proposed shorter response period.
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July 25, 2024
Both Sides Seek Fees After Jury Axes Elevated Stairs Patent
Following a jury verdict this month invalidating a patent on elevated stairs used by law enforcement, both the patent owner and the accused infringer, his former employer, have moved for attorney fees, with each claiming the opposing side's arguments were baseless.
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July 25, 2024
Patent Atty Seeks Closure Over Ex-Firm's Back Wages
Discovery in a patent attorney's suit against his former firm, Pittsburgh-based Keevican Weiss & Bauerle LLC, has produced enough evidence to support summary judgment on some of his claims, according to a new motion filed this week in Allegheny County.
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July 25, 2024
Tobacco Products Co. Hits Wash. Pot Business With TM Suit
Wholesaler BBK Tobacco & Foods LLP has hit a Washington state cannabis company with a complaint in Arizona federal court that alleges it is infringing the "Juicy" trademark BBK uses for a variety of smoking and smoking-related products.
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July 25, 2024
The Biggest Copyright Decisions Of 2024: A Midyear Report
The justices ruled there's no time limit for how far back copyright plaintiffs can pursue infringement damages as long as their claims are timely, and an Ohio jury said video game developers didn't infringe a tattoo artist's works by depicting the images on basketball players. Here's a look at some of the most notable copyright decisions so far in 2024.
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July 25, 2024
7-Eleven Settles TM Suit Against Seven Eleven Law Group
7-Eleven Inc. and a Chicago-based law practice called Seven Eleven Law Group have settled the trademark complaint the convenience store chain filed in November, alleging the firm was infringing its mark and causing consumer confusion.
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July 24, 2024
FTC Chair Wary AI Tools Can Be Used For Corporate Collusion
Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.
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July 24, 2024
NBA Reaches $76B, 11-Year Deal With Amazon, NBC, Disney
The National Basketball Association announced Wednesday that it has negotiated new telecast and streaming agreements with Amazon, NBCUniversal and The Walt Disney Co. collectively worth $76 billion, bringing to an end the league's long-standing partnership with TNT, which has vowed to "take appropriate action."
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July 24, 2024
Albright Stays 3D Patent Row Against Apple For PTAB Appeal
U.S. District Judge Alan D. Albright has agreed to pause a patent owner's suit accusing Apple of infringing its three-dimensional interface technology for mobile devices to let both sides appeal to the Federal Circuit the Patent Trial and Appeal Board's rulings invalidating some of the asserted patents.
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July 24, 2024
Fed. Circ. Rejects Challenges To PTAB's Network IP Decisions
The Federal Circuit rejected an internet router-maker's bid to restore testimony that could have flipped two decisions at the Patent Trial and Appeal Board, ruling Wednesday that the court won't revive ideas developed decades ago by a since-bankrupt tech company.
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July 24, 2024
Apple Foe Urges Fed. Circ. To Rethink PTAB Holding
A Michigan professor's startup has asked the full Federal Circuit to revisit a ruling penned by U.S. District Judge Alan Albright, arguing the wrong call was made on what kind of arguments from Apple the Patent Trial and Appeal Board could field.
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July 24, 2024
Pictures Worth More Than Words In Croc Clog Design Fight
A Colorado federal judge has declined to use foam shoemaker Joybees' written descriptions in rival Crocs' intellectual property suit, concluding the design of the clogs is better represented by Crocs' patent illustrations.
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July 24, 2024
TikTok Can't Nix Trade Secrets Row By Worker's Ex-Employer
A California federal judge on Tuesday denied TikTok's motion to toss a trade secrets suit by Beijing Meishe relating to copyrighted source code for video editing, finding Meishe plausibly alleged it found a "striking similarity" between the two companies' object codes after one of its employees quit and joined TikTok.
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July 24, 2024
Carrier, Ex-Salesman Reach Deal In Trade Secrets Case
Florida-based Carrier Corp. and one of its former salesmen reached an agreement Wednesday in the company's lawsuit alleging theft of its trade secrets, with the ex-employee promising a Connecticut federal court that he won't share protected information from his previous job and will allow searches of his electronic devices.
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July 24, 2024
Copyright Protections For Safety Standards Stall In US House
The U.S. House failed to advance legislation to let the private groups that set standards for a variety of safety matters keep copyright protections when their works are incorporated by reference into laws as long as the standards are still available for free online.
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July 24, 2024
Patent Cap In Drug Pricing Bill Seen As Having Muted Effect
The U.S. Senate recently passed a bill aiming to lower drug prices by limiting the number of patents that can be asserted in cases over biosimilars, but attorneys say the measure's numerous exceptions make it unlikely to have a major effect on litigation or consumer costs.
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July 24, 2024
McCarter & English Beats Biotech Malpractice Suit In NJ
McCarter & English LLP defeated a New Jersey biotechnology company's legal malpractice suit this week, following a New Jersey state judge's finding that the malpractice claims should have been brought in an earlier round of litigation over unpaid legal fees.
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July 24, 2024
Nixon Peabody Adds Veteran GC With IP, Korean Biz Focus
The longtime general counsel of the Korea Trade-Investment Promotion Agency's Los Angeles office has joined Nixon Peabody LLP, continuing the firm's recent growth of its intellectual property team on the West Coast.
Editor's Picks
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Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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Why IP Attys Are Watching This $2B Trade Secrets Battle
A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.
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Trials After PTAB Invalidity Rulings Present Tricky Issues
A recent case illustrates that Patent Trial and Appeal Board decisions finding patents invalid do not necessarily preclude a district court from holding an infringement trial on the same patents, though attorneys say such a scenario could raise some challenging issues.
Expert Analysis
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Questions Linger About DTSA's Scope After Motorola Ruling
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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How In-House IP Counsel Can Deal With AI's Rise
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Patent Ruling Shows A Minor Typo Can Lead To A Major Loss
A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.