Intellectual Property

  • November 19, 2024

    Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row

    A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.

  • November 19, 2024

    USPTO Urged To Revamp Computer Image Design Patent Rule

    Intellectual property law groups and Apple Inc. have recommended that the U.S. Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated.

  • November 19, 2024

    9th Circ. Grapples With $56M Verdict In TM Beer Battle

    A Ninth Circuit panel on Tuesday weighed whether to uphold a $56 million trial victory for Stone Brewing over allegations that MillerCoors infringed the "Stone" mark with its Keystone beer, with judges digging into questions about whether Stone Brewing filed the suit late.

  • November 19, 2024

    OpenAI Faces Copyright Case From Indian News Co.

    An India-based multimedia news company has hit OpenAI with a copyright suit alleging the ChatGPT developer is wrongly using the agency's published works to feed the platform's program, making it the latest news business to sue over the software.

  • November 19, 2024

    UK IP Firm AA Thornton To Become Part Of Venner Shipley

    European firm Venner Shipley is expanding by snapping up the lawyers at London-based AA Thornton, growing its bench with expertise in the intellectual property area.

  • November 19, 2024

    Samsung Loses ITC Patent Case Against Chinese Screen Co.

    Samsung has failed to convince a U.S. International Trade Commission judge to side with it in its intellectual property campaign against a major Chinese rival that makes replacement screens for mobile devices.

  • November 19, 2024

    Hemp Co. Hit With $100K Verdict, Loses Trade Secret Claim

    A Texas jury has hit a hemp products maker with more than $100,000 in damages after finding it knowingly sold defective THC gummies to a CBD retailer and rejecting claims that the manufacturer owns a right to the rosin-based method of THC extraction.

  • November 19, 2024

    Legal Tech Co. Sues For AI Company's IP Release In Del.

    A U.S. company formed to use proprietary artificial intelligence and other tech and metrics to analyze witness credibility and emotions in legal proceedings has sued an Italian firm alleging breach of a contract duty to hand over essential, licensed intellectual property.

  • November 19, 2024

    Fed. Circ. Backs Denial Of Video IP Injunction Against X

    The Federal Circuit on Tuesday upheld a Texas federal judge's decision denying VidStream's bid to block X Corp. from deploying features that allegedly infringe its patent on a system for receiving and distributing user-generated video.

  • November 19, 2024

    EU Sanctions Bite Russian Patent Holders At EPO

    The European Patent Office has rolled out fresh restrictions on patent requests made by Russian or Russian-affiliated entities, as it looks to bring the patent authority in line with the European Union's latest round of sanctions.

  • November 19, 2024

    Trump Names Wall St. Exec For Chief Commerce Role

    Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.

  • November 19, 2024

    Ohio Gov. Orders Immediate NIL Pay Until NCAA Deal Is Final

    Ohio Gov. Mike DeWine has signed an executive order directing colleges in his state to immediately begin compensating student-athletes when their names, images or likenesses are used, saying it is needed as athletes await final approval of the settlement in massive NCAA litigation over NIL use.

  • November 19, 2024

    Longtime Barnes & Thornburg Atty Named IP Practice Chair

    Barnes & Thornburg LLP has named one of its longtime attorneys and a member of its management committee as the chair of the firm's intellectual property department.

  • November 19, 2024

    McDermott Adds IP Pro From Gibson Dunn In Los Angeles

    McDermott Will & Emery LLP announced Tuesday that it has hired partner Timothy Best from Gibson Dunn & Crutcher LLP to help bolster its intellectual property practice group, especially its efforts serving life sciences and biotechnology clients.

  • November 18, 2024

    Art Org. Freed From Suit Over Fake 'LOVE' Copyright Claim

    A New York federal judge has freed a visual arts licensing organization from an art publisher's lawsuit accusing it of falsely claiming copyright ownership to late artist Robert Indiana's iconic "LOVE" image and scheming to fraudulently sell licenses for it, saying the publisher's claims didn't pass muster.

  • November 18, 2024

    Netgear Says Huawei Engaging In Global Patent 'Warfare'

    Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.

  • November 18, 2024

    Melinta Obtains Ban On Generic Antibiotic Injections In IP Row

    A drugmaker that recently sold a manufacturing facility to Eli Lilly for nearly $1 billion has failed to persuade a federal judge in Chicago to wipe out patents covering a line of injections that treat infections developed by a recently bankrupt antibiotic developer.

  • November 18, 2024

    Full 2nd Circ. Asked To Weigh Sheeran's 'Let's Get It On' Win

    Structured Asset Sales LLC has asked the full Second Circuit to review a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," arguing the panel incorrectly affirmed a lower court's ruling that the Copyright Act of 1909 only protected the Motown song's sheet music.

  • November 18, 2024

    Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit

    Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.

  • November 18, 2024

    Texas Judge Suggests Letting Influencers Battle Over 'Beige' IP

    A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic."

  • November 18, 2024

    ITC Judge Clears Lenovo In Ericsson Patent Fight

    A U.S. International Trade Commission judge has found that claims in a pair of Ericsson patents were invalid, handing a win to Lenovo in a case over mobile phones, laptops and other related products.

  • November 18, 2024

    1st Circ. Denies Lizzie Borden House Infringement Claim

    The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.

  • November 18, 2024

    Medical Group Wants Justices To Review IP Safe Harbor Fight

    A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.

  • November 18, 2024

    PPG Says Manager Stole Sales Data In Incora Move

    PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.

  • November 18, 2024

    USPTO Director Kathi Vidal To Rejoin Winston & Strawn

    Winston & Strawn LLP said Monday that Kathi Vidal, director of the U.S. Patent and Trademark Office, is slated to rejoin the firm.

Expert Analysis

  • Parsing NJ Court's Rationale For Denying Lipitor Class Cert.

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    A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.

  • Opinion

    USPTO AI Patent Guidance Leaves Questions Unanswered

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    The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.

  • Gilead Drug Ruling Creates Corporate Governance Dilemma

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    If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Chevron Reversal May Protect IP Rights Under Bayh-Dole

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    The U.S. Supreme Court's overturning of Chevron deference may block the Biden administration's nearly finalized guidance reinterpreting the Bayh-Dole Act, protecting intellectual property rights and preventing harm to innovation and economic activity, says Brian O'Shaughnessy at Dinsmore & Shohl.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • How To Deploy AI In A Dangerous Threat Landscape

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    Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.

  • Calif. Out-Of-State Noncompete Ban Faces Several Hurdles

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    California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.

  • Defamation Suit Tests Lanham Act's Reach With Influencers

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    Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Navigating The Murky Waters Of Patent Infringement Damages

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    Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

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