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Intellectual Property
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September 20, 2024
Lawmakers Ask USPTO To Fix Patent Calculation Problem
Federal patent officials need to change standards that could let drug companies hold on to patent rights beyond the time frame they are entitled to, according to federal lawmakers.
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September 20, 2024
Jewelry Co. Says Target Stole Design Of Blood Drip Necklace
A New York jewelry company accused Target of copying the design of one of its Halloween-themed necklaces for the second time, according to a lawsuit filed Thursday in New Jersey federal court.
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September 20, 2024
Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued
In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 19, 2024
Mistrial Avoided In MGA's 3rd Round With T.I. In IP Saga
A California federal judge declined to order a mistrial Thursday in the intellectual property dispute between MGA Entertainment and hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris, but he issued a curative instruction to jurors after MGA objected to statements made by an attorney for the Harrises.
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September 19, 2024
Michigan Judge Clears BMW Of Infringing Navigation Patent
A Michigan federal judge has put an end to infringement allegations in Detroit in the final case of a decadelong legal saga over a patent on a way of navigating cars, finding that BMW cars don't do what's covered in the patent.
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September 19, 2024
Bills On Patent Eligibility, PTAB Limits Near Senate Markup
Legislation aiming to reduce decisions finding inventions ineligible for patenting and restrict invalidity challenges at the Patent Trial and Appeal Board will likely be considered by the Senate Judiciary Committee next week, a sponsor of the measures said Thursday.
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September 19, 2024
AndroGel Antitrust Case On Hold Amid Settlement Talk
A Pennsylvania federal judge has agreed to pause a class action against Abbott and other drugmakers over allegedly sham patent cases, saying a settlement between the two sides may be in the works.
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September 19, 2024
New Patent Legal Group Launches To Assist Inventors
Patent experts, including a former Federal Circuit chief judge, former federal officials and current legal scholars, say a new advocacy organization they have formed will back smaller inventors against larger companies in patent fights.
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September 19, 2024
Nintendo, Pokémon Say 'Palworld' Maker Infringed Patents
Nintendo and The Pokémon Co. announced Thursday that they filed a patent infringement suit in Japan against the video game company behind "Palworld," an open world adventure game featuring fluffy creatures wielding rocket launchers and assault rifles.
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September 19, 2024
Publishers Back Music Companies' Bid To Restore $1B Win
Organizations that represent music publishers and songwriters urged the U.S. Supreme Court on Thursday to review a Fourth Circuit ruling that scrapped a $1 billion jury verdict against Cox Communications Inc. for ignoring online piracy, saying the three-judge appeal panel's conclusion "effectively immunizes internet service providers" from vicarious liability.
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September 19, 2024
Norwich Asks Justices To Allow Sale Of Generic Diarrhea Drug
A New York drugmaker has told the U.S. Supreme Court that the courts have gone too far in preventing the release of a generic version of a blockbuster diarrhea drug, after a lower court found there was a way of using the drug that would infringe certain patents.
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September 19, 2024
Judge Gives Dow Jones Win In Article Thievery Case
A Texas federal judge has handed a win to publisher Dow Jones & Co. in a copyright infringement suit accusing an investment manager of wrongfully copying and distributing thousands of news articles from The Wall Street Journal.
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September 19, 2024
Consultant Ducks Contempt In Fight Over Packaging Patent
An inventor facing allegations of abusive patent behavior by the packaging company for which he previously consulted has dodged a civil contempt finding after a North Carolina federal judge found he was not in violation of an injunction barring him from making false infringement claims.
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September 19, 2024
DC Circ. Skeptical Of Copyrights For AI-Created Artworks
A trio of D.C. Circuit judges appeared skeptical Thursday of arguments from an artificial intelligence inventor trying to copyright a painting by his AI system, questioning whether he is backing off his stance that his program created the art completely autonomously — the very reason the U.S. Copyright Office rejected his application.
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September 19, 2024
Bejin Bieneman Boutique Trio Joins Taft's Detroit IP Team
Taft Stettinius & Hollister LLP has hired three attorneys from intellectual property boutique Bejin Bieneman PLC, including one of that firm's name partners, who have joined Taft's Detroit office, the firm announced this week.
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September 19, 2024
Nantucket Festival Owner Says Rival Exploiting Discovery
The longtime operator of a wine and food festival on Nantucket says a competitor who started a similarly named event is now trying to take advantage of a court order by making "improperly broad and harassing discovery requests" to further undermine her business.
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September 19, 2024
Calif. Vape Co. Says Mich. Store Is Selling Counterfeit G Pens
California-based GS Holistic LLC is suing a Michigan smoke shop in federal court, alleging that it is selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, infringing its trademarks and harming its reputation.
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September 18, 2024
Axonics Didn't Infringe Medtronic Patents, Calif. Jury Says
Axonics did not infringe three of Medtronic's patents related to its bladder and bowel control device, a California federal jury determined Wednesday.
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September 18, 2024
MGA Threatens Mistrial In O.M.G Dolls IP Fight With T.I.
An attorney for MGA Entertainment and its CEO told a California federal judge Wednesday that his clients may seek a mistrial in the intellectual property dispute between MGA and hip-hop moguls T.I. and Tiny Harris, which could end the third jury trial between the parties.
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September 18, 2024
AI Musician Denies Purported $10M Streaming Scam
A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.
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September 18, 2024
'Bling Empire' Star Owes $900K To Ex-Partner For Show Idea
A California jury has concluded that the executive producer and star of Netflix's series "Bling Empire," Kelly Mi Li, owes a former business partner nearly $700,000 for breach of contract and fiduciary duties, along with $200,000 in punitive damages.
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September 18, 2024
Fed. Circ. Revives Astellas Patent Axed As Natural Law
The Federal Circuit on Wednesday vacated a lower court's invalidation of an Astellas Pharma overactive bladder medication patent for claiming only a natural law, saying the holding was improper because the generics makers accused of infringement never made that argument.
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September 18, 2024
Nintendo Stole BlackBerry IP For Devices, Patent Holder Says
Nintendo has been hit with a patent infringement suit in Washington federal court by an Irish firm that holds the rights to many of BlackBerry's inventions, targeting technologies used in controllers for the popular Switch console and other gaming accessories.
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September 18, 2024
VLSI Wants Intel License Fight To Be Tossed Or Sent To Texas
VLSI is fighting against a suit in which Intel has claimed it already has a license to various VLSI patents, saying the case should either be transferred out of Delaware federal court or dismissed outright.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Fed. Circ. Patent Ruling Clarifies Section 101 Procedures
The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Foreign Threat Actors Pose Novel Risks To US Tech Cos.
A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.