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Intellectual Property
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
NFL Union Sues DraftKings Over Broken NFT Licensing Deal
The NFL Players Association has accused DraftKings Inc. of failing to make good on a licensing agreement when the online sportsbook decided to cease payments after shuttering its nonfungible token marketplace in the wake of a civil suit that argued DraftKings' NFTs offended securities laws.
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August 27, 2024
NC State Board Of Education Sued Over NIL Prohibition
A North Carolina mother is challenging the state school board's ban on high school student-athletes using their name, image and likeness for commercial purposes, arguing the state has directed it to regulate, not prohibit, the practice.
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August 27, 2024
Fed. Circ. Won't Speed Up Apple Watch Ban Appeal
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
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August 27, 2024
Disney Wipes Out Verdict In Movie Graphics Copyright Suit
Walt Disney Pictures does not have to pay hundreds of thousands of dollars in copyright infringement damages a jury said it owes to a digital-effects company after a California federal judge overturned the verdict and granted the entertainment company a post-trial victory.
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August 27, 2024
Google Wants Out Of IP Suit Over Pirated Books
Google asked a Manhattan federal judge to dismiss allegations that it allowed advertisements to be shown to users from websites that sell pirated textbooks, claiming it has no ability to supervise those sites and isn't profiting from alleged pirating.
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August 27, 2024
NBA Star Can't Sidestep TM Dispute Over Signature Shoe
NBA player LaMelo Ball, his family and Puma North America Inc. must face a trademark infringement suit brought against them over the athlete's signature shoes, a California federal judge has ruled, finding that there are factual disputes to resolve and that California federal court does have jurisdiction.
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August 26, 2024
$4.4M Award Against Cheat Code Site Upheld At 9th Circ.
A website that circulated cheat codes for the video game "Destiny 2" failed to convince the Ninth Circuit on Monday that it got an unfair shake in front of an arbitrator who told the site to pay $4.4 million for breaking copyright and trademark laws.
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August 26, 2024
'Roller Lash' and 'Lash 'N Roll' Mascaras Face Off In TM Trial
Benefit Cosmetics told a San Francisco federal judge at the start of a trademark and trade dress infringement bench trial Monday that rival e.l.f. Cosmetics sought the "holy grail" when it created a "Lash 'N Roll" mascara that ripped off Benefit's $300 million-blockbuster "Roller Lash" product.
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August 26, 2024
Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies
Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.
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August 26, 2024
Pool Co. Secures $1.1M In Fees For False Ad Trial Win
A North Carolina federal judge has granted $1.1 million in fees for attorneys from McCarter & English LLP and Womble Bond Dickinson who represented a swimming pool salt system supplier in a trial against a competitor, finding the case qualifies as exceptional since the opposing company acted "unreasonably."
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August 26, 2024
Printing Biz Can't Undo Invalidity Findings Despite Settlement
A California federal judge says that he won't rethink a jury's conclusion earlier this year that claims in two patents covering a way of coating printer paper were invalid, even if the French printing company that owns them decided to settle with an accused infringer after losing at trial.
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August 26, 2024
Motorola Says Hytera Owes $58M For Radio Royalty Contempt
Motorola Solutions told an Illinois federal judge Monday that Chinese rival Hytera Communications owes more than $58 million in royalties for a mobile radio it purportedly redesigned after a jury found it misappropriated trade secrets, asserting the radio's retooled source code is still improperly based on the same protected architecture.
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August 26, 2024
Jury Awards Lashify $31M In Worldbeauty Patent Case
Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.
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August 26, 2024
Hikma Urges Full Fed. Circ. To End Vascepa Skinny-Label Suit
Hikma Pharmaceuticals has asked the full Federal Circuit to intervene after a panel determined it must face infringement litigation over its generic version of Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa.
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August 26, 2024
Ramones Heir Says Widow Is Infringing Group's TMs
The brother of late punk rocker Joey Ramone took his bandmate Johnny Ramone's widow to New York federal court for allegedly infringing several of the band's trademarks as part of what the suit says is an effort to boost her own celebrity image by "riding on the coattails of the Ramones."
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August 26, 2024
NJ Marine Fuel Co. Sues Rival Formed By Ex-Employees
A New Jersey marine fuel buyer has accused two brothers who worked for the company of misappropriating trade secrets and illegally accessing confidential information when they resigned to form a new venture in the same market, according to a lawsuit filed in New Jersey federal court.
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August 26, 2024
Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
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August 26, 2024
Shkreli Must Give Up Copies Of Unique Wu-Tang Clan Album
Martin Shkreli must hand over any copies he made of a one-of-a-kind Wu-Tang Clan album while a challenge from the crypto project that holds the sole physical copy plays out, a New York federal judge ordered Monday.
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August 26, 2024
NC State '83 Basketball Champs Add TV Networks To NIL Suit
Members of the 1983 North Carolina State basketball championship team, known as the Cardiac Pack, have added CBS and TNT to their lawsuit alleging their name, image and likeness were exploited by the National Collegiate Athletic Association and others to garner untold amounts during March Madness without the players seeing a dime.
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August 26, 2024
Masimo, Apple Fight Over Jury Hearing Trade Secrets Claims
After a California jury deadlocked last year in Masimo's high-stakes intellectual property case against Apple over the way the latter company's watches are programmed to monitor blood oxygen, the medical technology contractor says it wants a bench trial to address its trade secrets claims next time around, but Apple is opposing that move.
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August 26, 2024
White & Case Lands Chicago IP Partner From Mayer Brown
White & Case LLP has continued to expand its footprint in Chicago by adding an intellectual property attorney as a partner in its global technology industry group, the firm said Monday.
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August 26, 2024
RTX Settles Bearing Co.'s Trade Secrets Suit On Eve Of Trial
Defense contractor RTX Corp. on Monday settled claims that it passed a Connecticut roller bearing manufacturer's sensitive design drawings to a competitor, averting a trial set to begin this week.
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August 26, 2024
Judge Declines To Enhance $45M Doorbell Video IP Verdict
A Texas federal judge said Monday that Vivint Inc. need only pay the $45.4 million a jury said it owes video doorbell maker SB IP Holdings LLC for infringing its audiovisual patents along with pre- and post-judgment interest, declining to enhance the award at the patent holder's request.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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Trending At The PTAB: 1 Year Of Denials Of Institution
An analysis of Patent Trial and Appeal Board denials of institutions between May 2023 and May of this year highlights the board’s common reasons for denial, which can provide insight to both petitioners and patent owners in future proceedings, say Kevin Rodkey and Victor Palace at Finnegan.
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Questions Linger About DTSA's Scope After Motorola Ruling
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.