Intellectual Property

  • October 03, 2024

    Apple Loses Patent In Fight With Masimo At PTAB

    An Apple Inc. patent that covers its Apple Watches has failed to hold up in front of an administrative patent board after it was challenged by health technology company Masimo Corp.

  • October 03, 2024

    Fed. Circ. Says Crocs' Fake IP Claims Could Be False Ads

    The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Startup Undercuts Its Case In Trade Secrets Brief, AIG Says

    A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.

  • October 03, 2024

    Stanford Profs Deny Roche's Trade Secret Theft Accusations

    Three Stanford University oncology professors sued by subsidiaries of F. Hoffmann-La Roche AG for allegedly stealing confidential information about cancer-detecting technology have denied the accusations, saying in California federal court that Roche's purported trade secrets were not secret, and even if they were, Roche does not own them.

  • October 03, 2024

    Chinese Nationals Get Prison For Counterfeit IPhone Caper

    Two Chinese citizens residing in Maryland have been sentenced to prison after being convicted for their roles in a $2.5 million scam that involved submitting over 6,000 counterfeit iPhones to Apple, inducing the company to replace the fakes with real smartphones.

  • October 03, 2024

    Ex-Manager Agrees To Protect Security Co.'s $85M Biz Book

    A Connecticut federal judge has rubber-stamped a promise by the American arm of international security firm Prosegur to wipe information from its computers allegedly uploaded by a newly hired senior vice president the company poached from a rival, including a book said to detail $85 million in competing business.

  • October 03, 2024

    NCAA's Refined NIL Settlement Still Faces Opposition

    The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.

  • October 03, 2024

    Mintz IP Partner Is Equal Parts BigLaw And Punk Rock

    A member of five different New York-area bands playing upward of 50 shows per year, Mintz partner Brad Scheller is used to trading in his suit and tie after hours for a punk rock T-shirt.

  • October 03, 2024

    US, France Extend Patent Prosecution Highway

    French and American authorities announced plans Thursday to extend their deal to fast-track patent examinations for IP already approved in the other jurisdiction for another five years.

  • October 02, 2024

    Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery

    Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."

  • October 02, 2024

    Sonos Beats Remaining Claims Of Google Speaker IP Suit

    A California federal judge on Wednesday dropped the remaining patent infringement claims in Google's wireless technology battle against speaker maker Sonos Inc., rejecting the tech giant's contention that there was substantial evidence of infringement.

  • October 02, 2024

    Google Hit With Renewed Voice Assistant Antitrust Case

    Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.

  • October 02, 2024

    Chancery To Mull Receiver In Drug Co. Consulting Bill Row

    Delaware's Supreme Court has appointed a Superior Court judge to sit as a vice chancellor in a suit seeking a receiver for a Dubai-headquartered bio-pharmaceutical company that has run up nearly $600,000 in $3,000-per-day sanctions and counting for failing to comply with an initial $180,000 judgment.

  • October 02, 2024

    Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug

    Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.

  • October 02, 2024

    Amarin Says Sky Isn't About To Fall In Skinny Labels Fight

    Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."

  • October 02, 2024

    NY Judge Not Confused By Irish Butter Packaging

    The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."

  • October 02, 2024

    Sports Field Sweeper Inventor Says Sons Infringed Patent

    An Australian company that invented a mechanical sweeper system to clean sports fields alleges in a Colorado federal lawsuit that the sons of the technology's inventor are selling infringing sweepers in the United States.

  • October 02, 2024

    Fed. Circ. Orders Damages Redo In $11M Meat Sorter IP Fight

    The Federal Circuit on Wednesday called for a new damages trial in Provisur Technologies Inc.'s $10.5 million patent infringement win over Weber Inc., taking issue with how a Missouri federal court looked at willfulness and apportionment.

  • October 02, 2024

    NC Judge Ends NIL Ban For State's Public School Athletes

    North Carolina public school athletes can now be compensated for their name, image and likeness, thanks to a preliminary injunction granted by a state judge that overturned a ban by the state board of education.

  • October 02, 2024

    State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle

    Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.

  • October 02, 2024

    Meta Facing Another Author Class Action Over LLM Training

    Another author has launched a proposed class action against Meta Platforms Inc. in California federal court alleging the social media giant swiped material from hundreds of thousands of copyrighted books to train its series of large language models named Llama.

  • October 02, 2024

    FisherBroyles Hit With Malpractice Suit Over Stem Cell Case

    A Southern California stem cell treatment center hit FisherBroyles LLP with a $10 million malpractice suit in state court over the law firm's work defending it in a patent infringement case that settled, claiming the defense was so incompetently handled that it had to hire WilmerHale as the case approached trial.

  • October 02, 2024

    Fleetwood Mac Producer Says 'Stereophonic' Rips Off His Book

    One of the producers of Fleetwood Mac's classic 1977 record album "Rumours," Kenneth Caillat, has accused the author of the play "Stereophonic" of swiping copyrighted material from his memoir "Making Rumours" to make the hit Broadway show.

  • October 02, 2024

    GM Must Face Auto Part Co.'s Raid Conspiracy Counterclaim

    General Motors can't slip an aftermarket car parts company's accusation that the auto giant was behind a government raid of its warehouses, a Michigan federal judge ruled Tuesday, allowing two of Quality Collision's counterclaims in a GM-filed patent infringement suit to stand.

Expert Analysis

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • USPTO Disclaimer Rule Would Complicate Patent Prosecution

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    The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

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    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • 6 PTAB Events To Know From The Last 6 Months

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    The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • The Fed. Circ. In May: A Major Shift In Design Patent Law

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    The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

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