Intellectual Property

  • December 06, 2024

    Patent Litigation Funders 'Fleeing' Del. Court, Study Says

    Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.

  • December 06, 2024

    OpenAI Unveils Plans To Ask JPML To Centralize IP Suits

    OpenAI Inc. informed New York and California federal courts this week it plans to ask the Judicial Panel on Multidistrict Litigation to centralize eight copyright infringement and Digital Millennium Copyright Act lawsuits — including a proposed class action — brought by content creators and publishers.

  • December 06, 2024

    Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban

    In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who put on a family retreat for Kyrie Irving sues him over the bill, and two major golf organizations block transgender players from women's tournaments.

  • December 06, 2024

    New Balance Hit With Patent Suit Over Track Cleats

    A Texas patent holder sued New Balance in Massachusetts federal court Friday, alleging that four models in New Balance's FuelCell SuperComp line of cleated running shoes are similar to its design for sneakers that include composite or laminate materials.

  • December 06, 2024

    Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit

    The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a sanction for filing what the circuit court said was a "nuisance" patent infringement lawsuit against a rival manufacturer.

  • December 06, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.

  • December 05, 2024

    Jane Street Ends Trade Secret Fight With Rival Investing Firm

    Jane Street Group LLC and Millennium Management LLC have agreed to put to rest their trade secrets dispute over a proprietary trading strategy, according to a joint stipulation of dismissal filed Thursday in New York federal court.

  • December 05, 2024

    'Krank3d' TM Too Close To Rival 'Krank'd': 11th Circuit

    The Eleventh Circuit on Wednesday refused to disturb a lower court's decision temporarily barring energy drink maker Hi-Tech Pharmaceuticals from using the trademark "Krank3d," agreeing with the district court that the mark appears to be too similar to a competitor's "Get Krank'd" trademark.

  • December 05, 2024

    Internet Archive Won't Take E-Book Fair Use To Justices

    The Internet Archive on Wednesday said it will not ask the U.S. Supreme Court to weigh in on whether its practice of distributing copyrighted e-books for free without permission from some of the world's biggest publishers is excused by the Copyright Act's fair use doctrine.

  • December 05, 2024

    Fed. Circ. Grapples With Injunctions On Eylea Biosimilars

    Regeneron Pharmaceuticals Inc. faced a two-pronged challenge before a Federal Circuit panel Thursday as two companies sought to undo a court order prohibiting them from releasing their biosimilar versions of Regeneron's Eylea eye medication.

  • December 05, 2024

    IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents

    Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering "a basic idea" like using mRNA to fight the COVID-19 virus. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • December 05, 2024

    Judge Newman Brings Fight To End Her Suspension To DC Circ.

    U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution. 

  • December 05, 2024

    Investors Sue Pegasystems In Corporate Espionage Case

    Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment. 

  • December 05, 2024

    Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs

    Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in foreign courts, arguing that Huawei is trying to impose excessive royalty rates and is avoiding its commitment to license its patents on reasonable terms.

  • December 05, 2024

    Vidal Sends Nokia's Patent Challenges Back To PTAB, Again

    The head of the U.S. Patent and Trademark Office has again vacated a Patent Trial and Appeal Board refusal to hear three patent challenges by Nokia, saying the board needs to take a look at the case a third time.

  • December 05, 2024

    DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says

    The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Judge Snubs Bid For $1M Bond On $22M 'Comfy' IP Verdict

    An Arizona federal judge on Wednesday rejected a retailer's bid to pay a $1 million bond while appealing a $22 million judgment against it for infringing the design patents of Cozy Comfort Co., the maker of the "Comfy" sweatshirt featured on "Shark Tank."

  • December 05, 2024

    Sanctioned VLSI Patent Challenger Must ID Members In Va.

    VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company that tried to extort it at the Patent Trial and Appeal Board, with a Virginia federal judge ordering that company to disclose its members.

  • December 05, 2024

    Infringing Phone Mounts Permanently Blocked In Patent Case

    A Washington federal judge agreed on Thursday to block a maker of electronic device mounts from selling certain products that have infringed a patent owned by a rival.

  • December 05, 2024

    Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.

    The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his statutory right-of-publicity claim isn't preempted by the federal Copyright Act since the claim involves his likeness and "not a work of authorship."

  • December 05, 2024

    NCAA's NIL Settlement 'Illegal' In Many States, Lawmakers Say

    The National Collegiate Athletic Association's $2.78 billion settlement with athletes over name, image and likeness compensation, now awaiting final court approval, would be "illegal" in several states because of their current NIL laws, a group of current and former lawmakers said Thursday.

  • December 05, 2024

    Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions

    A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing sanctions, with the panel repeatedly noting that the semiconductor company wasn't even a party in the import dispute.

  • December 05, 2024

    9th Circ. Skeptical Starz Ripped Off Play For Strip Club Drama

    A Ninth Circuit panel appeared dubious Thursday of a playwright's bid to revive claims that Starz Entertainment copied her stage musical for the strip club drama series "P-Valley," with one of the appellate judges noting that the works "could not be more different."

  • December 05, 2024

    PrizePicks Faces Second Claim Of Fantasy Platform Ripoff

    Atlanta-based sports betting platform PrizePicks has been hit with a second lawsuit in as many years from business-to-business sports tech company Vetnos, claiming Wednesday that PrizePicks ripped off its concept of daily fantasy betting games with the help of a former Vetnos employee.

Expert Analysis

  • Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis

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    ​The Ninth Circuit’s upcoming decision in Hara v. Netflix​, about what it means to be source-identifying​, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

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    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • What Fed. Circ. Ruling Means For Patent Case Dismissals

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    ​​​​​​​The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB

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    Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • Dissecting The Obviousness-Type Double Patenting Debate

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    The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Trump Patent Policy May Be Headed In Unexpected Direction

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    While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.

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