Intellectual Property

  • November 14, 2024

    Motorola Can't Get $73M From US Radio IP Win In UK Courts

    A London judge said Thursday that Motorola cannot recoup $73 million in interest and costs despite having convinced a U.S. court that Chinese radio maker Hytera infringed its intellectual property, deeming the cash part of a broader unenforceable award.

  • November 13, 2024

    Jury Backs Some Claims In Inline Plastics Patent, Axes Others

    A Massachusetts federal jury on Wednesday upheld two claims in a patent covering a tamper-resistant container, the latest development in a six-year-old infringement dispute.

  • November 13, 2024

    Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel

    Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.

  • November 13, 2024

    Ex-Oil Products Co. VP Admits To Stealing Trade Secrets

    A former executive at a New Jersey-based producer of oil products and proprietary flavors admitted possessing and conspiring to possess stolen trade secrets, the U.S. attorney for New Jersey announced Wednesday.

  • November 13, 2024

    Google Says $20M Thermostat IP Verdict Was 'Manufactured'

    Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District of Texas was "manufactured" by an expert hired by a competing smart-home energy startup.

  • November 13, 2024

    Alnylam Says It's Not A 'Patent Troll' In Vax IP Row

    Alnylam Pharmaceuticals has shot back at Moderna's request for about $2.8 million in legal costs it incurred defending a patent suit over its coronavirus vaccine, saying Moderna is wrongly trying to paint it as "a pernicious patent troll."

  • November 13, 2024

    Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage

    Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses them of stealing his likeness and running his name through the mud.

  • November 13, 2024

    Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight

    A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction blocking him from using the "Open AI" mark while his case is pending.

  • November 13, 2024

    Fed. Circ. Judges Frown On Custom Emoji Patent

    A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims.  

  • November 13, 2024

    Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report

    An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.

  • November 13, 2024

    Fed. Circ. Won't Send Microchip Patent Suit To NY

    The Federal Circuit on Wednesday denied a bid from a Chicago tech manufacturer to transfer a Texas case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit, saying the manufacturer didn't show that the lower court erred in refusing to ship the case to New York.

  • November 13, 2024

    Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies

    Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.

  • November 12, 2024

    Oakland Airport Must Stop Using 'San Francisco Bay' In Name

    The Port of Oakland must stop using "San Francisco Bay" in its international airport's new name, a federal magistrate judge in California ruled Tuesday, saying in a trademark infringement suit that travelers might be confused into thinking the Oakland airport is affiliated or associated with San Francisco International Airport.

  • November 12, 2024

    Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.

    President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.

  • November 12, 2024

    Future of Anti-Deepfake Federal Law Is Murky, Panel Says

    Panelists at a Los Angeles intellectual property conference that included attorneys and representatives of the U.S. Patent and Trademark Office, the U.S. Copyright Office and Microsoft agreed Tuesday that any federal legislation on deepfake technology must strike the difficult balance of punishing bad actors without stifling innovation.

  • November 12, 2024

    Masimo Can't Tie Alleged IP Theft To Apple Profits, Expert Says

    An Apple expert witness defended the company Tuesday in a California federal bench trial over Masimo's claim that the tech giant stole pulse oximetry trade secrets for its popular smartwatch, testifying Masimo cannot tie any value to the purported secrets and that Apple's profits can't be attributed to the watch's blood oxygen features.

  • November 12, 2024

    Deal Ends Google Patent Case Soon After Start Of $22.5M Trial

    A patent trial in New York federal court ended with a settlement Tuesday, shortly after counsel for Kewazinga Corp. told jurors that the Street View feature in Google Maps infringes its patents on navigating through images, and that Google owes $22.5 million in damages.

  • November 12, 2024

    Catfished Ex-NBA Player Says Atty Stole Cash, Blew Film Deal

    A former NBA player is suing his longtime attorney for legal malpractice in Colorado state court, claiming the attorney stole his money and failed to protect his intellectual property rights while negotiating the terms of a documentary deal about his victimization in an elaborate online catfishing scheme.

  • November 12, 2024

    Justices Told Fed. Circ. Overstep Claims Are 'Simply Incorrect'

    A unit of pharmaceutical company Alvogen on Tuesday urged the U.S. Supreme Court to reject a petition from the company whose blockbuster IBS drug it's hoping to copy, saying the "petition's fundamental premise" that the Federal Circuit went beyond its legal boundaries "is simply incorrect."

  • November 12, 2024

    Big Tech Litigant's Latest Suit Vs. Google Tossed

    A Florida federal judge has granted Google's motion to dismiss a patent infringement and antitrust suit from web development company Greenflight targeting the search giant's reverse phone number lookup, ruling that the plaintiff's phone lookup service appearing low on Google's search results doesn't amount to standing to sue.

  • November 12, 2024

    'Heat Machine' Maker's Trade Dress Win Clears 8th Circ.

    The Eighth Circuit on Tuesday affirmed a finding from a bench trial that cleared the Costco supplier behind the "Heat Machine" involved in "a complex intellectual property dispute" with the maker of the "HeatDish," a different machine that Costco also sells.

  • November 12, 2024

    Amazon Beats Speech Recognition Patent Suit Over Alexa

    A federal judge in Virginia has decided that three patents initially issued to Japanese electronics company JVCKenwood Corp. "are ineligible for patent protection," sinking a patent litigation outfit's case targeting Amazon.com Inc.'s Alexa virtual assistant brand.

  • November 12, 2024

    HIV Drug Buyers Want Gilead Product Switch Claims Revived

    Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.

  • November 12, 2024

    Genasys Reaches Deal With Ex-Workers In Trade Secrets Case

    Genasys Inc. has agreed to settle a suit against two former employees it accused of stealing trade secrets to form a competing business, saying they have reached a provisional deal.

  • November 12, 2024

    Huawei Urges Judge To Toss US IP Theft, Fraud Charges

    China's Huawei Technologies and its affiliates have asked a Brooklyn federal judge to dismiss the majority of a criminal indictment, slamming allegations that it tried to steal intellectual property from U.S. rivals and deceived banks and the U.S. government about its business dealings with sanctioned countries.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Trademark Food For Thought When Rebranding

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    Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

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