Try our Advanced Search for more refined results
Intellectual Property
-
July 31, 2024
Fla. Jury Awards $8.3M In Spat Over Sale Of Pro Player Brand
A Florida jury has awarded Perry Ellis $8.3 million after finding that United Legwear Co. purposely depressed the value of Perry Ellis' Pro Player brand under a licensing agreement to avoid paying fair market value when it purchased the brand later.
-
July 31, 2024
AI Prior Art Is Either Nothing New Or A Red Flag, USPTO Told
Technology companies, drugmakers and various industry organizations have represented to the U.S. Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art.
-
July 31, 2024
Del. Judge Clears Lupin's Generic Kidney Disease Drug
A ruling out of a Delaware federal court on Wednesday prevented a major Japanese pharmaceutical company from using patent law to block an Indian rival's efforts to market a generic version of a blockbuster kidney disease treatment.
-
July 31, 2024
Novartis Says FDA Wrongly OK'd Generic Heart Drug
Pharmaceutical company Novartis alleges the U.S. Food and Drug Administration unlawfully approved a generic version of the drugmaker's heart failure medication Entresto in a new lawsuit in D.C. federal court.
-
July 31, 2024
Fed. Circ. Sees No Disclosure In Private Sale Of Laptop Ports
A "private" sale of some 15,000 laptop ports doesn't count as "a public disclosure," as far as patent law is concerned, the Federal Circuit ruled Wednesday, affirming a patent board panel's earlier ruling.
-
July 31, 2024
Apple, Google Dropped From IP Suit Over PUBG Knockoffs
A California federal judge has agreed to dismiss video game publisher Krafton's copyright suit accusing Google and Apple of distributing infringing versions of PlayerUnknown's Battlegrounds on their respective platforms, while Krafton and YouTube said they're close to resolving claims over an infringing film containing game footage.
-
July 31, 2024
Trade Secrets Cases To Watch In 2024: A Midyear Report
A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.
-
July 31, 2024
Senators Aim To Increase Injunctions In Patent Battles
A new bipartisan bill in Congress would make it easier for federal courts to issue injunctions in patent cases, but critics say this would primarily help companies "that do not make any products or provide any services."
-
July 31, 2024
Judge Rips 'Stinky' Business In Skiplagged Ticketing Suit
A Texas federal judge gave early wins Wednesday to American Airlines Inc. and Skiplagged Inc. in the airline's suit alleging the booking site used a "loophole" in booking connecting flights to sell unauthorized tickets, but he made sure to note his issues with the ticketing firm's business practices.
-
July 31, 2024
Authors' Suit Against OpenAI Trimmed To Copyright Act Claim
A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.
-
July 31, 2024
Inhaler Patents 'Must Be' In Orange Book, Teva Tells Fed. Circ.
Teva Pharmaceuticals USA Inc. urged the Federal Circuit to upend a lower court decision ejecting inhaler device patents from an important government database, arguing that the delisting, won by Amneal Pharmaceuticals Inc. in an infringement lawsuit, ignores broad protection envisioned under intellectual property law.
-
July 31, 2024
Jury Instruction Error Kills $21M Verdict Over Noncompete
Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.
-
July 31, 2024
Copyright Office Warns Of 'Urgent Need' For Deepfakes Law
The U.S. Copyright Office said Wednesday that "there is an urgent need" for new federal legislation to tackle the proliferation of deepfakes created through artificial intelligence, saying in a long-awaited report with recommendations to Congress that "an era of sophisticated digital replicas has arrived."
-
July 31, 2024
Experienced IP Atty Joins Lewis Brisbois From Fowler White
Lewis Brisbois Bisgaard & Smith LLP has announced the hire of a former Fowler White Burnett PA intellectual property attorney with over 20 years of experience as a partner in Fort Lauderdale, Florida.
-
July 31, 2024
1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat
The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences.
-
July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
-
July 31, 2024
Agribusiness Co. Says Ex-Employee Blatantly Stole Clients
An agricultural firm has taken one of its former workers to Ohio federal court for allegedly telling over a dozen clients that he was "putting off" selling products and services to them while he awaited his move to the company's direct competitor, then urging those clients to leave with him.
-
July 31, 2024
Greenberg Traurig Adds Michelman & Robinson's Dallas Head
Greenberg Traurig LLP has fortified its litigation and intellectual property and technology practices with a shareholder who previously served as managing partner of Michelman & Robinson LLP's Dallas shop.
-
July 31, 2024
White & Case Hires Ex-Latham IP Partner In DC
White & Case LLP has hired a Latham & Watkins LLP partner, who spent the majority of his career with his prior firm, representing clients in a range of intellectual property-related matters, the firm announced Wednesday.
-
July 30, 2024
Ameriprise Says LPL Uses Recruits To Harvest Rivals' Secrets
LPL Financial should be barred from using any trade secrets and confidential client information it has harvested from Ameriprise Financial through the recruitment of its competitors' financial advisers, Ameriprise told a California federal judge Tuesday in alleging LPL has violated legal, regulatory and industry rules.
-
July 30, 2024
Guess, Macy's Settle IP Suit Over Artists' Graffiti Work
Guess Inc. and Macy's have settled a copyright action lodged by three prominent graffiti artists who accused the companies of exploiting their names and donning their work across T-shirts without permission, the parties told a California federal judge Tuesday.
-
July 30, 2024
Patent Award 10 Times Higher Than Request Found Excessive
A New York federal judge Tuesday kept in place a jury's verdict holding that lighting fixture company Lutron Electronics Co. willfully infringed rival GeigTech East Bay's window shade patent, but said $34.6 million for damages is excessive and, instead, offered GeigTech $3.8 million or a new damages trial.
-
July 30, 2024
Amazon Hits Nokia With Cloud-Computing Infringement Suit
Amazon sued Nokia in Delaware federal court Tuesday alleging the Finnish tech company infringed a dozen of its patents in an effort to make a late entry into the cloud-computing technology field by "leveraging Amazon's innovative solutions" that were developed over decades.
-
July 30, 2024
Fla. Court Won't Nix Award In Israeli Sunglasses Fight
A Florida federal judge declined Monday to vacate an arbitral award issued to sunglasses maker Verso Israel LLC in a $3 million dispute with an Israeli pop star accused of undercutting a deal to promote the brand, ruling that the pop star's motion was filed far too late.
-
July 30, 2024
Vidal Uses Her Arthrex Powers To Address A Typo
The head of the U.S. Patent and Trademark Office has ordered patent board judges to revisit a ruling on "an obvious typographical error" in a patent used by a Chinese company to try to eject a different patent involved in litigation surrounding programming used in real-time "camera-like" mapping.
Expert Analysis
-
How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
-
Should NIL Collectives Be Allowed Tax-Favored Status?
Arguments are being made for and against allowing organizations to provide charitable contribution tax deductions for donations used to compensate student-athletes, a practice with impacts on competition for student-athletes and overall tax fairness, but ultimately it is a question for Congress, say Andres Castillo and Barry Gogel at the University of Maryland School of Law.
-
What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
-
Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
-
Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
-
Why High Court May Have Rejected IP Obviousness Appeal
Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.
-
Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
-
A Guide To Using The DTSA For Misappropriation Recourse
Excerpt from Practical Guidance
Nicholas Armington at Mintz explains the ins and outs of drafting a misappropriation complaint under the Defend Trade Secrets Act, and how and why companies should think strategically about federal and state law when filing a claim.
-
How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
-
The Fed. Circ. In April: Hurdles Remain For Generics
The Federal Circuit’s recent Salix v. Norwich ruling — where Salix's brand-name drug's patents were invalidated — is a reminder to patent practitioners that invalidating a competitor's patents may not guarantee abbreviated new drug application approval, say Sean Murray and Jeremiah Helm at Knobbe Martens.
-
Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
-
Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
-
The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
-
Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.
-
Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.