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Intellectual Property
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August 16, 2024
2nd Circ. Faults 'Sophisticated Plaintiff' Logic In Axing IP Case
The Second Circuit on Friday said a Manhattan federal judge wrongly dismissed a photography studio's copyright complaint as time-barred by concluding that a "sophisticated plaintiff" such as the studio could not avail itself of the discovery rule, a judicial doctrine holding that copyright claims accrue when an alleged infringement is discovered.
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August 16, 2024
Farmers Insurance Hits Former Agents With Trade Secrets Suit
Farmers Insurance on Friday filed a lawsuit in Colorado federal court accusing two of its former agents of walking away from the company with trade secrets to divert customers to their own agency with a third former Farmers agent.
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August 16, 2024
Apple Needs To Wait Its Turn In ITC, Masimo Tells Fed. Circ.
Apple wants to speed up its appeal over a U.S. International Trade Commission patent ruling that forced the company to disable an Apple Watch feature that measures the oxygen in blood, but both its courthouse rival and the agency itself say there's no compelling reason to cut in line.
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August 16, 2024
Mich. Judge Won't Raise $350K Award Against Ford To $15M
A Michigan federal judge refused to increase a California tech company's $350,000 jury award to $15 million in a dispute over Ford Motor Co.'s misuse of an interface module, finding that the parties' agreement to Ford's sales numbers at trial barred him from changing the jury's decision.
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August 16, 2024
Anthropic Says IP Suit Doesn't Show AI Users Infringed Lyrics
Artificial intelligence company Anthropic has asked a California federal court to toss the bulk of a copyright suit from several music publishers that allege their song lyrics were ripped off to train Anthropic's chatbot Claude, arguing among other things that the plaintiffs have not shown any infringing acts by Claude users.
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August 16, 2024
$117M Interest Ruled 'Not A Windfall' On $262M Patent Verdict
A California federal judge approved $117 million in prejudgment interest for an Austrian inventor's company on top of the $262 million royalty verdict in its favor against hard drive maker Western Digital Technologies Inc., ruling that the interest "does not amount to a windfall or a punitive award."
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August 16, 2024
Attys Eye $10.5M In Fees From Pegasystems Securities Deal
Attorneys for lead plaintiffs in a shareholder class action against Pegasystems are seeking $10.5 million in attorney fees from the $35 million settlement that ended claims that the software company failed to properly disclose a rival's trade secret litigation that led to a since-vacated $2 billion verdict.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 16, 2024
Fed. Circ. Urged Not To Rehear $20M Google Royalty Ruling
EcoFactor Inc. urged the Federal Circuit to reject Google LLC's bid for a full court rehearing of its split panel decision to uphold a $20 million patent infringement damages award in EcoFactor's favor, arguing that Google is looking to create a "rigid rule" that will only enable more patent infringement.
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August 15, 2024
Eminem Publisher Chided By Judge In Losing Spotify IP Fight
A Tennessee federal judge on Thursday granted summary judgment to Spotify in a copyright infringement lawsuit brought by Eminem's music publisher, with the judge chiding the music publisher for using a "wait-and-sue strategy" to increase the potential damages owed by the music-streaming behemoth.
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August 15, 2024
Baker Botts, Sumner Schick $14M Fee Hit As 'Unreasonable'
Baker Botts LLP and Sumner Schick LLP's request for $14.3 million in attorney fees plus $1.8 million in costs following their client Computer Sciences Corp.'s $168.4 million trade secrets verdict against Tata Consultancy Services is "facially unreasonable," the consulting firm told a Texas federal judge Wednesday.
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August 15, 2024
Philips' Fitness Tracker Patent Suit Is Back On Course
The Federal Circuit on Thursday breathed new life into a patent suit by electronics giant Philips targeting fitness trackers made by Garmin.
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August 15, 2024
Hytera Says Diligent Radio Retool Should Head Off Contempt
Hytera Communications Corp. Ltd. says it should not be held in contempt for allegedly failing to pay Motorola Solutions royalties on mobile radios it redesigned after getting slapped with a trade secret theft verdict, arguing that evidence proves that Hytera redesigned its products "module by module, line by line."
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August 15, 2024
Nvidia Illegally Scraped Videos To Train AI, YouTuber Says
Artifical intelligence technology titan Nvidia Corp. has been collecting millions of YouTube videos without creators' permission and using them to train its deep-learning AI software, according to a proposed class action filed Wednesday in California federal court.
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August 15, 2024
Trump's Use Of Isaac Hayes Song Sparks IP Political Tension
Donald Trump’s habit of closing his speeches with the song "Hold On (I’m Coming)” has angered the family of the late legendary soul singer Isaac Hayes, the latest election-year example of political candidates upsetting artists or their families who don’t want their music associated with a particular campaign.
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August 15, 2024
Yearbook Site Has 'Tortured View' Of Suit Waiver, Judge Says
A Washington federal judge criticized the company behind Classmates.com on Thursday for arguing someone could've waived their right to sue the company for using their photo without ever visiting the website, calling it a "tortured view" of the Terms of Services language.
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August 15, 2024
You Can Drive 100 Miles, Albright Tells Texas Instruments
Dallas-based Texas Instruments Inc. failed Thursday to persuade U.S. District Judge Alan Albright of the Western District of Texas to let a patent lawsuit leave his jurisdiction, in part because of the "less than 100 miles" between Waco and the federal courthouse in Dallas.
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August 15, 2024
'What Is An NFT?': 9th Circ. Mulls Novel Bored Ape TM Fight
A Ninth Circuit judge considering whether a trial court correctly found artists owe millions for ripping off trademarks on the Bored Ape Yacht Club nonfungible token collection questioned Thursday whether the NFT market is comparable to typical consumer markets, rhetorically asking, "What are we even talking about? What is an NFT?"
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August 15, 2024
Juul License Doesn't Negate R.J. Reynolds' Royalties, Altria Says
The parent company of Philip Morris is pushing back on what it described as a delayed bid by R.J. Reynolds Vapor Co. to skirt paying royalties on a pod-style vape, telling a North Carolina federal court that an "after-the-fact sublicense" with Juul isn't enough to undo the ongoing payments.
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August 15, 2024
Ex-Mushroomhead Singer Sues Bandmate Over Royalties
The co-founder of metal band Mushroomhead has filed a copyright infringement and breach of contract suit in Ohio federal court accusing his fellow co-founder of failing to pay him royalties and income from tours and merchandise sales, and failing to rightfully attribute his ownership of many of the band's original musical works.
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August 15, 2024
No Dismissal Yet In Dispute Over Education Law Firm TM
A Philadelphia-based education law firm's suit seeking to cancel registration for its competitor's trademark "The Education Lawyers" must continue because open questions remain, a Pennsylvania federal judge said.
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August 15, 2024
Texas Trio Willfully Stole Lewis Brisbois Name, Judge Says
A Texas mediation service that named itself after BigLaw behemoth Lewis Brisbois Bisgaard & Smith LLP and told the firm to "come and take it" has infringed Lewis Brisbois' trademark and must pay its attorney fees from the bitter suit, which racked up over 300 docket entries in under two years, a Texas federal judge has ruled.
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August 15, 2024
Pharma Co. TM Dispute Doesn't Belong In Florida, Judge Says
A trademark lawsuit between two drug companies with similar names does not belong in a Florida federal court, a judge in West Palm Beach has ruled.
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August 15, 2024
Partners Stole Dairy Product Co.'s Trade Secrets, Suit Says
A dairy farm products company has filed a lawsuit in Massachusetts federal court claiming its manufacturing and distribution partners used its trade secrets to develop and sell a competing line of infection prevention offerings.
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August 15, 2024
Delaware Judge Sends Tracking Tech IP Dispute To California
A Delaware federal judge sent a patent infringement suit brought by a company that sells truck driver tracking software to California federal court, questioning in her opinion whether the company "ever fully intended" to pursue its claims in the First State in the first place.
Expert Analysis
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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.
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Determining Who Owns Content Created By Generative AI
Adobe's recent terms-of-service update and ensuing clarification regarding its AI-training practices highlights the unanswered legal questions regarding ownership of content created using artificial intelligence, says John Poulos at Norton Rose.
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Skip Versus File: The Patent Dilemma That Costs Millions
In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.
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Orange Book Warnings Highlight FTC's Drug Price Focus
In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Tracking China's Push To Invalidate Foreign Patents
China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.
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3 Ways To Fight Alice Rejections Of Blockchain Patents
Excerpt from Practical Guidance
With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.