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Intellectual Property
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Featured
How Penn State Trial Against Retailer Could Upend TM Law
The Pennsylvania State University and an online retailer of goods bearing retro logos and images of schools and sports teams are set to clash in a trademark trial next week that could upend how courts examine infringement claims.
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November 14, 2024
Insurer Says Mich. Lawyers Lying About Its Auto Coverage
A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.
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November 14, 2024
Canadian Standards Group Asks High Court To Rethink IP Ruling
A Canada-based standards development group wants the U.S. Supreme Court to take up its challenge to a Fifth Circuit decision that handed a win to a Canadian man the group said was selling copies of its copyrighted standards.
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November 14, 2024
Albright Moves Apple Foes' Patent Suit To California
Waco's U.S. District Judge Alan Albright has decided to send a patent lawsuit lodged in his court against Apple to the tech giant's home of California, calling the "minimal local interest" provided by local tax breaks "strenuously tied to this case at best."
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November 14, 2024
Atty's Conduct In IP Case Merits Fees Sanction, Judge Says
A California federal judge said Thursday an attorney who represented a company that lost a trade dress infringement case should be jointly responsible with his client, Iconic Mars Corp., for paying attorney fees and costs for his conduct during litigation that culminated with microphone manufacturer Kaotica Corp. prevailing at trial in June.
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November 14, 2024
Cisco Asks Albright To Ax $65.7M IP Verdict, Seeks New Trial
Cisco Systems Inc. has asked U.S. District Judge Alan Albright to throw out a Texas jury's verdict holding the technology behemoth liable for infringing a patent related to conference calls, saying Cisco suffered "immense" prejudice at trial and that the jury's $65.7 million damages award is "excessive."
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November 14, 2024
Full Fed. Circ. Won't Touch GoPro Patent Eligibility Argument
The full Federal Circuit decided Thursday not to look further into arguments from GoPro Inc. that a September panel ruling on patents asserted against the camera company created "a breathtaking expansion of subject-matter eligibility."
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November 14, 2024
Senate Panel Delays Votes On Patent Eligibility And PTAB Bills
The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.
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November 14, 2024
Judge Finds Dexcom Infringed Abbott Patent That Hung Jury
A judge has found that Dexcom Inc. infringed a glucose monitor patent owned by an Abbott Laboratories unit, with the ruling coming after a Delaware federal jury in March said it was hung on the issue.
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November 14, 2024
Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties
An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.
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November 14, 2024
Boehringer Says Inhaler Antitrust Suit 'Fails On Its Face'
Boehringer Ingelheim Pharmaceuticals Inc. and Boehringer Ingelheim International GMBH have urged a Connecticut federal judge to dismiss a proposed class action brought by health funds accusing it of monopolizing the inhaler market with improper patent listings, arguing the suit fails to allege any competitors were actually hindered by those patents.
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November 14, 2024
South Dakota Slams NCAA Over NIL Settlement 'Notice'
South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.
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November 14, 2024
Amazon Should Pay Triple $30.5M Verdict, Patent Owner Says
The owner of two computer network patents says that a Delaware federal court should triple the $30.5 million damages award it won against Amazon in an infringement case, while the tech giant argues that the verdict should be tossed.
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November 14, 2024
Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told
A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding using a "bounty" to encourage litigation.
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November 14, 2024
Texas Judge Recuses Himself From Microsoft Patent Case
Chief U.S. District Judge Rodney Gilstrap of the Eastern District of Texas has recused himself, without stating a reason, from a patent infringement case that German company ParTec AG has lodged against Microsoft over the tech giant's artificial intelligence supercomputer.
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November 14, 2024
Motorola Can't Get $73M From US Radio IP Win In UK Courts
A London judge said Thursday that Motorola cannot recoup $73 million in interest and costs despite having convinced a U.S. court that Chinese radio maker Hytera infringed its intellectual property, deeming the cash part of a broader unenforceable award.
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November 13, 2024
Jury Backs Some Claims In Inline Plastics Patent, Axes Others
A Massachusetts federal jury on Wednesday upheld two claims in a patent covering a tamper-resistant container, the latest development in a six-year-old infringement dispute.
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November 13, 2024
Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel
Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.
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November 13, 2024
Ex-Oil Products Co. VP Admits To Stealing Trade Secrets
A former executive at a New Jersey-based producer of oil products and proprietary flavors admitted possessing and conspiring to possess stolen trade secrets, the U.S. attorney for New Jersey announced Wednesday.
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November 13, 2024
Google Says $20M Thermostat IP Verdict Was 'Manufactured'
Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District of Texas was "manufactured" by an expert hired by a competing smart-home energy startup.
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November 13, 2024
Alnylam Says It's Not A 'Patent Troll' In Vax IP Row
Alnylam Pharmaceuticals has shot back at Moderna's request for about $2.8 million in legal costs it incurred defending a patent suit over its coronavirus vaccine, saying Moderna is wrongly trying to paint it as "a pernicious patent troll."
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November 13, 2024
Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage
Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses them of stealing his likeness and running his name through the mud.
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November 13, 2024
Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight
A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction blocking him from using the "Open AI" mark while his case is pending.
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November 13, 2024
Fed. Circ. Judges Frown On Custom Emoji Patent
A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims.
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November 13, 2024
Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report
An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.
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November 13, 2024
Fed. Circ. Won't Send Microchip Patent Suit To NY
The Federal Circuit on Wednesday denied a bid from a Chicago tech manufacturer to transfer a Texas case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit, saying the manufacturer didn't show that the lower court erred in refusing to ship the case to New York.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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When Arbitration Is Effective For Employment And IP Cases
Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Litigation Strategies In View Of New Double Patenting Rulings
Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Tracking The Slow Movement Of AI Copyright Cases
The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.
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The EU Design System Changes US Cos. Need To Know About
With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.
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Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal
Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.