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Intellectual Property
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August 21, 2024
Photographer, De La Hoya Co. End Lennox Lewis Pic Bout
A photographer who sued a promotion business owned by boxer Oscar de la Hoya for using a picture of Lennox Lewis without his permission has reached a settlement, according to a letter sent to the New York federal judge overseeing the case.
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August 21, 2024
Shein Says Temu Engaged In Coordinated IP Theft
Fashion firm Shein hit the companies behind e-commerce platform Temu with an intellectual property suit alleging Temu trains suppliers to specifically infringe Shein's copyrights and trademarks and misappropriate its trade secrets to help secure "an unearned and illicit foothold" in the U.S. market."
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August 20, 2024
Amazon Stuck With $525M IP Loss, Plus $148M In Interest
An Illinois federal judge on Tuesday refused to disturb a jury's $525 million verdict in favor of software company Kove IO Inc. in a dispute with Amazon over cloud data storage patents, rejecting Amazon's argument that there wasn't enough evidence and holding that Kove is entitled to roughly $147.7 million in prejudgment interest.
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August 20, 2024
OnePlus Gets Do-Over For 'Excessive' $10M Pantech Verdict
Chinese phone company OnePlus can have a new trial on damages after it was hit with a $10 million infringement verdict in Pantech Corp.'s patent dispute over technology used to comply with 5G wireless standards, a Texas federal judge ruled, saying, "There is no question this verdict is excessive."
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August 20, 2024
Vans, MSCHF Settle 'Wavy Baby' Sneaker TM Suit
Vans told a New York federal judge Tuesday that it resolved its trademark suit lodged over artist collective MSCHF's Wavy Baby sneaker, urging the court to approve an agreed-upon permanent injunction barring the collective from using Vans' side stripe mark and other elements of its decades-old Old Skool shoes.
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August 20, 2024
PTAB Keeps Online Ad Display Patent Intact
A panel of the Patent Trial and Appeal Board on Monday in a final written decision upheld a patent covering a purportedly novel way of loading advertisements on websites.
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August 20, 2024
Realtek Suit Is Just 'Litigation Over Litigation,' IP Biz Says
Litigation business Future Link says the latest version of an antitrust lawsuit in California federal court from Taiwanese chipmaker Realtek over claims of a conspiracy with a different Taiwanese chipmaker to fund purported "patent troll" lawsuits is just more "litigation over litigation."
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August 20, 2024
Cox, Music Publishers Ask Justices To Review Copyright Row
Cox Communications and music publishers led by Sony Music Entertainment have petitioned the U.S. Supreme Court to review a Fourth Circuit ruling — with music companies asking for clarity on the scope of liability for internet service providers for online piracy and Cox asking whether it can be responsible for copyright infringement for merely providing an internet connection.
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August 20, 2024
Advanced Bionics Sues Med-El At ITC Over Implant Patents
Switzerland's Advanced Bionics has brought claims against Austria's Med-El at the U.S. International Trade Commission, alleging the rival maker of cochlear implants is infringing two patents on hearing aid technology and seeking an exclusion order banning Med-El's products from being imported into the U.S.
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August 20, 2024
Trade Judge Says Ban On Chocolate Mix Was Flouted
The U.S. International Trade Commission found that four grocers violated a ban on selling an imported chocolate malt drink mix that infringed a New Jersey supplier's Bournvita mark, according to an announcement from the agency.
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August 20, 2024
SharkNinja Urges Mass. Court To Reject Dyson Patent Claims
SharkNinja is asking a federal judge in Massachusetts to deem it has not infringed five patents held by rival vacuum-maker Dyson, three months after Dyson brought a patent infringement claim against SharkNinja in Texas over the same patents.
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August 20, 2024
PleasrDAO Wants Shkreli To Hand Over Wu-Tang Clan Album
The cryptocurrency project that now owns a one-of-a-kind Wu-Tang Clan album has urged a New York federal judge to order Martin Shkreli to hand over any copies he made of the album while he possessed it since the album's value "depends almost entirely on its uniqueness, and the secrecy that surrounds it."
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August 20, 2024
Anthropic Hit With Another Copyright Suit Over LLM Training
Anthropic PBC was hit with a proposed class action Monday in California federal court from a group of journalists and authors alleging the artificial intelligence giant is exploiting their copyrighted materials to train its large language model, Claude, without permission or a license, and has become enormously successful at their expense.
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August 20, 2024
Walt Disney, Marvel Freed From Shirtmaker's IP Row In NC
The Walt Disney Co., Marvel Entertainment and a Marvel affiliate have been freed, for now, from a shirtmaker's trademark infringement lawsuit after a North Carolina federal judge ruled that the entertainment giants don't have enough ties to the Tar Heel State.
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August 20, 2024
Albertsons Stole 'Schedule & Save' Tech, Seattle Co. Says
A Seattle software company is claiming Albertsons breached a deal to develop an automated service for customers to replenish their go-to purchases, saying the grocery giant abandoned the contract amid its pending merger with Kroger and launched a "nearly identical" system in a trade secret ripoff.
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August 20, 2024
Albright Won't Let Meta Patent Row Move To California
U.S. District Judge Alan Albright of the Western District of Texas says the presence of some Texas-based Meta employees involved in developing its Quest headsets outweighs the tech company's bid to eject out of his court a lawsuit over patents once issued to a failed mobile fitness brand.
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August 20, 2024
Vax Patent Battles Heat Up As Attention On Pandemic Wanes
It's been over four years since clinical trials began for COVID-19 vaccines, and while the shots have helped the pandemic recede, the lucrative technology has spurred numerous patent suits, many of which are still in the early stages. Here's a look at some of the key cases in the U.S.
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August 20, 2024
Fed. Circ. Flips Samsung's Win In 'Slide To Unlock' Patent Suit
The Federal Circuit on Tuesday revived part of a small smartphone company's patent suit against Samsung over its "swipe to unlock" feature, saying that one of Neonode Smartphone's core patent claims was more definite in its scope than the lower court gave it credit for.
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August 20, 2024
Pierson Ferdinand Furthers Growth With FisherBroyles IP Ace
The rapidly growing Pierson Ferdinand LLP announced Tuesday that it picked up an intellectual property partner from FisherBroyles LLP with a long resume of trademark law work to serve clients out of Boston, Washington, D.C., and California.
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August 20, 2024
Davis Wright Grows IP Group In DC With Tech-Focused Atty
Davis Wright Tremaine LLP expanded its intellectual property services in Washington, D.C., with the addition of a patent litigator with nearly 30 years of experience representing technology companies.
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August 20, 2024
FTC Endorses Push For Broader Access To Biosimilar Drugs
The Federal Trade Commission is backing a proposal that would make it easier for drugmakers to show biosimilar medicines are safe substitutes for their more expensive counterparts, a move the agency says would boost competition and reduce confusion.
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August 20, 2024
Feds Launch Probe Into Wi-Fi Technology Imports
The U.S. International Trade Commission opened an investigation into a domestic semiconductor company's claims that a Chinese rival was selling Wi-Fi technology in the U.S. that infringes on its intellectual property.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
Expert Analysis
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How Life Science Companies Are Approaching UPC Opt-Outs
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.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
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.
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6 PTAB Events To Know From The Last 6 Months
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.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
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.
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FTC Focus: Competition And The Right To Repair
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.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
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.
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Series
Skiing And Surfing Make Me A Better Lawyer
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.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
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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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.