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Intellectual Property
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August 14, 2024
AstraZeneca Freed From $107.5M Verdict In Pfizer Patent Case
A federal judge on Wednesday overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents owned by a Pfizer unit, concluding that both patents are invalid for failing to provide sufficient information about the invention.
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August 14, 2024
Boeing Scraps Electric Jet Co.'s $72M Trade Secrets Trial Win
A Washington federal judge on Wednesday canceled a $72 million jury award against The Boeing Co. for misappropriating electric jet startup Zunum Aero Inc.'s trade secrets, finding Zunum offered "only vague and amorphous descriptions" of the trade secrets at trial.
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August 14, 2024
Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row
The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.
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August 14, 2024
Netgear Says Scammer Used Its TMs To Defraud Customers
An alleged online scammer is using Netgear Inc.'s trademarks to trick the computer networking company's customers into thinking they are buying products and services from Netgear itself, according to the company's $4 million complaint alleging trademark infringement and unfair competition.
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August 14, 2024
Samsung Biotech Unit Hit With Patent Suit Over Bone Drugs
The pharmaceutical giant Amgen Inc. is fighting a bid by a South Korean rival to sell biosimilar versions of its highly popular bone drugs Prolia and Xgeva, telling a New Jersey federal court that the proposed medications will infringe 34 patents.
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August 14, 2024
AI Job Search Co. Says Rival's Claims Don't Support IP Suit
Job search platform Tarta.ai has again asked a California federal court to dismiss Jobiak LLC's copyright complaint accusing its rival of stealing its artificial intelligence-driven employment postings database, saying Jobiak has not shown that its individual job listings are copyrightable or that the court has jurisdiction over the case.
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August 14, 2024
4th Circ. Says T-Mobile Must Face 'Simply Prepaid' TM Fight
The Fourth Circuit revived a Virginia-based telecommunications company's infringement suit against T-Mobile, ruling that Simply Wireless had done enough to show it was planning to revamp its "Simply Prepaid" branding and hadn't abandoned the trademark when T-Mobile began using it.
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August 14, 2024
Lewis Brisbois, Atty Battle Over Immunity In Texas TM Case
Lewis Brisbois Bisgaard & Smith LLP and a Texas lawyer accused of ripping off the BigLaw firm's name battled over the issue of attorney immunity in post-hearing briefings Tuesday, with the firm writing that the Fifth Circuit "has made itself clear" that the lawyer can't be shielded from the case.
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August 14, 2024
Baker Botts, Sumner Schick Seek $14.3M In Fees For IP Win
Baker Botts LLP and Sumner Schick LLP are seeking nearly $14.3 million in attorney fees plus almost $1.8 million in costs for representing Computer Sciences Corp. in a trade secrets dispute where the IT company won $168.4 million after a Texas jury found Tata Consultancy Services willfully misappropriated CSC's proprietary information.
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August 14, 2024
Chancery Says Unisys Must Advance Ex-Workers' Legal Fees
Pennsylvania information technology company Unisys Corp. must front the legal fees and expenses for two executives it hired away from French competitor Atos SE and then sued for trade secret infringement after they went back to Atos two years later, Delaware's Court of Chancery has ruled.
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August 14, 2024
Oil Equipment Co. Says Ex-Workers Took Patent-Pending Tech
An oilfield equipment company has taken two of its former workers and the competitor they left for to Texas federal court over claims the ex-employees absconded with its patent-pending oil valve technology and then shared it and other trade secrets with their new employer.
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August 14, 2024
Crowell & Moring International Hires IT Foundation Leader
Although Nigel Cory's profession as an international trade expert might have come as a surprise to his parents, their work was a catalyst for what became his decades-long fascination with working on trade issues, he told Law360 Pulse in an interview on Tuesday about his recent move to Crowell & Moring LLP's public policy affiliate.
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August 13, 2024
Beef With OpenAI's CEO Irrelevant To TM Suit, Judge Says
A California federal judge appeared open Tuesday to trimming counterclaims filed by a man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark, criticizing the allegations for being too generalized and driven by irrelevant "disgruntlement" against OpenAI CEO Sam Altman.
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August 13, 2024
Take Me Out Of WDTX, Tech Supplier Cries
A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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August 13, 2024
Stratasys Accuses Bambu Lab Of Infringing 3D Printing IP
American-Israeli 3D printing company Stratasys filed a pair of infringement cases in Texas federal court against a group of Chinese-based entities, accusing them of designing, making and selling Bambu Lab-branded printers that copy several of its patents.
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August 13, 2024
Halliburton Gets PTAB To Mostly Invalidate US Well Patent
A Patent Trial and Appeal Board panel largely invalidated claims of a fracturing patent owned by U.S. Well Services LLC challenged by Halliburton Energy Services Inc.
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August 13, 2024
Entresto Release Delayed As Novartis Goes To Fed. Circ.
A Delaware federal judge said Monday that Novartis is unlikely to prove that it's entitled to an injunction that would block MSN Pharmaceuticals from launching a generic version of its top-selling drug Entresto, but stayed the generic release briefly so Novartis could appeal to the Federal Circuit.
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August 13, 2024
New Balance Fails To Snip Nike's Flyknit Infringement Claims
Nike Inc.'s lawsuit claiming New Balance Athletics Inc. infringed its Flyknit patents can advance, a Massachusetts federal judge ruled Tuesday — rejecting arguments that some of the allegations are barred by a Federal Circuit decision involving Adidas.
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August 13, 2024
2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit
A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.
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August 13, 2024
Google, Twitter Get Wins Upheld In Targeted Ad Patent Suits
A Federal Circuit panel on Tuesday summarily affirmed Twitter and Google's wins before the U.S. Patent Trial and Appeal Board in a matter concerning targeting advertising software patents, upholding a decision that found the tech giants had shown enough evidence to render the patents at issue as obvious based on prior art.
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August 13, 2024
Spinal Implant Patents Verdict Must Stand, Pa. Judge Says
A Pennsylvania federal judge declined to order a new trial Tuesday in a patent infringement suit brought against medical device maker Globus Medical Inc., ruling that the jury verdict in the company's favor had sufficient evidentiary support and that the jurors did not seem confused by the law at issue.
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August 13, 2024
Las Vegas Jury Deals Out A Verdict Of No Infringement
A lawsuit surrounding a "rotatable shuffler" that has been going on in Nevada federal court for the better part of a decade has finally ended, with a Las Vegas jury finding that the maker of a roulette-style gambling machine did not infringe a patent covering a different kind of card shuffling machine.
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August 13, 2024
Fed. Circ. Restores J&J, Allergan's Viberzi IP After Del. Loss
The Federal Circuit fully revived claims of patents covering Allergan's bowel treatment drug Viberzi on Tuesday, overruling a Delaware federal judge who said the claims don't meet obviousness-type double patenting or written description requirements.
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August 13, 2024
Lenovo Gets Partial Victory In Patent Suit Information Fight
A federal court has ordered technology company InterDigital to hand over certain records to Lenovo as part of a patent infringement suit, reasoning that the latter company met the pleading standards under North Carolina law.
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August 13, 2024
Ex-McCarter & English Client Wants To Undo Malpractice Loss
A New Jersey pharmaceutical business is urging a New Jersey state court to reconsider its decision to throw out the company's malpractice case against McCarter & English LLP, saying the firm "brazenly" misstated part of the timeline of the case's lengthy history.
Expert Analysis
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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.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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The Unified Patent Court: What We Learned In Year 1
The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.