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Intellectual Property
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October 09, 2024
Amid Copyright Suit, Authors Guild Eyes Licensing To AI Cos.
The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.
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October 09, 2024
Cisco Gets PTAB To Wipe Out Most Of Network Patent
An administrative patent board has trimmed most of a patent that was issued to a since bankrupt Tel Aviv telecom supplier and later eventually asserted against Cisco.
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October 09, 2024
Caterpillar Settles Wirtgen IP Row After Judge's $19.5M Ruling
Caterpillar and machinery manufacturer Wirtgen have reached a deal to resolve their legal fight after a Delaware court held that Caterpillar owes about $19.5 million in a patent case over road-milling machines.
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October 09, 2024
9th Circ. Judge Open To Rebooting CoStar Antitrust Fight
A Ninth Circuit judge on a three-judge panel appeared open Wednesday to reviving counterclaims alleging CoStar monopolizes commercial real estate information markets, telling CoStar's counsel repeatedly that the lower court's ruling "reads more like summary judgment" than the granting of a motion to dismiss and improperly draws inferences in favor of CoStar.
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October 09, 2024
Judge Finalizes $65.7M Verdict Against Cisco In IP Case
A $65.7 million verdict from earlier this year against Cisco Systems has been finalized by a Western District of Texas judge, in a case where a jury found the company infringed Paltalk's patent related to hybrid audio servers.
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October 09, 2024
'Sophie's Choice' Theatrical Rights Deal Long Over, Court Told
The 95-year-old widow of "Sophie's Choice" author William Styron urged a judge on Wednesday to dismiss a lawsuit alleging that she broke a deal for the theatrical rights to the 1979 novel, saying the agreement signed between the playwright plaintiff and her late husband in 2005 and several later agreements expired more than five years ago.
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October 09, 2024
'San Francisco' In Oakland Airport Name Is Fair Use, Port Says
The Port of Oakland has told a California federal judge that San Francisco's preliminary injunction bid should be rejected as the city is not likely to prevail on its trademark infringement claims over the renaming of Oakland's airport to "San Francisco Bay Oakland International Airport," saying it doesn't create confusion.
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October 09, 2024
Logan Paul Brand Can't Block Messi Drink Collab, Suit Says
The maker of White Claw has sued social media influencer and pro wrestler Logan Paul's sports beverage company Prime Hydration, seeking a declaration from a New York federal court that its recent collaboration with soccer legend Lionel Messi on a beverage doesn't infringe Prime's trademarks.
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October 09, 2024
Thomson Reuters Again Seeks Win On ROSS' Pilfering
Thomson Reuters on Tuesday filed a pair of renewed motions for partial summary judgment seeking to block ROSS Intelligence Inc. from claiming fair use, and hold it liable for copyright infringement, in a suit alleging ROSS ripped off the Westlaw research platform for its artificial intelligence product.
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October 09, 2024
USPTO Won't Let Non-Patent Attys Take Lead At PTAB
The U.S. Patent and Trademark Office on Wednesday announced it would not move forward with its proposal to allow attorneys who don't belong to the patent bar serve as lead counsel at the Patent Trial and Appeal Board.
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October 09, 2024
Frost Brown Ducks Malpractice Suit Over League Trademarks
A Delaware Superior Court judge has tossed a malpractice suit alleging that Frost Brown Todd LLP failed to adequately investigate infringement issues with trademarks a football league sought to use in the relaunch of the United States Football League.
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October 09, 2024
Ousted AI Engineer Took Trade Secrets, Auto Service Co. Says
A software engineer who was fired from auto services company Agero after just three months took hundreds of confidential files and other materials, according to a suit filed on Wednesday in Massachusetts state court.
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October 09, 2024
'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients
A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.
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October 09, 2024
Final Treasury Rules Shut Off Inclusion For Repatriated IP
The U.S. Treasury Department adopted final rules Wednesday that shut off an annual income inclusion associated with intangibles for companies in certain situations that have transferred intellectual property back to the U.S. from overseas.
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October 08, 2024
Western Digital Owes $334M Over Data Security IP, Jury Told
Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.
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October 08, 2024
Apple Loses Bid For Jury Trial In Masimo Trade Secrets Fight
A California federal judge on Monday granted Masimo's request for a bench trial to address its trade secrets claims against Apple, noting that bench trials are almost always granted in situations where the plaintiff is seeking only equitable relief, and Apple hasn't convinced the court to deviate from that norm.
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October 08, 2024
'Alarming' AI Might Aid Research In Patent Fights, Judge Says
A Federal Circuit judge on Tuesday told law school students at the University of California, Berkeley that while he finds artificial intelligence tools "a little alarming and frightening," he could see how they might be useful for finding prior art in patent disputes.
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October 08, 2024
Illumina Wants Unresponsive Plaintiff To Pay $200K, Atty Fees
Biotechnology company Illumina Inc. asked a New Jersey federal court Tuesday to order a former graduate student to pay $200,000 in liquidated damages for allegedly failing to respond to attempts to finalize a settlement to his claims that attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated a patent case to steal his intellectual property.
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October 08, 2024
ITC Erred With Oil Drilling Tech IP Ruling, Fed. Circ. Told
US Synthetic Corp. on Tuesday urged the Federal Circuit to reverse a U.S. International Trade Commission decision that allows rivals to import a diamond oil drilling tool material the Utah-based company says infringes its intellectual property, arguing the agency wrongly found its drilling technology invention is abstract and patent-ineligible.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
Fed. Circ. Mulls Trade Dress Fight Over Pink Hip Devices
A Federal Circuit panel wrestled Tuesday with arguments from a German medical supplier that "late-breaking research" shows why the appearance of the color pink in a part of hip joint implants is not as functional as the company used to claim in the marketplace.
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October 08, 2024
2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row
A Second Circuit panel affirmed a ruling Tuesday that found eyewear retailer Warby Parker did not infringe 1-800 Contacts Inc.'s trademarks by purchasing ads on search engines using its competitor's keywords.
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October 08, 2024
NY Is 'Fair Play' For Barry Sanders Statue IP Row, Judge Told
A professional photographer suing over the alleged unauthorized use of his copyrighted photo to create a statue of legendary Detroit Lions running back Barry Sanders urged a New York federal judge Tuesday not to drop the sculpture company from his lawsuit, arguing its jurisdictional claim lacks merit.
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October 08, 2024
Limp Bizkit's $200M Suit Says UMG Hid Royalties
Rock band Limp Bizkit hit Universal Music Group Inc. on Tuesday with a suit seeking more than $200 million, alleging that the music company created and used technology that allows it to hide royalties from its artists and hoard profits.
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October 08, 2024
3rd Circ. Directs Court To Explain If Natera Ads 'Literally False'
A Third Circuit panel on Tuesday sent allegations of false advertising against medical test maker Natera back to district court, directing the judge to determine whether a jury had sufficient evidence last year to find that eight of the company's advertisements were "literally false."
Expert Analysis
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The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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USPTO Must Anticipate 'Black-Box Problem' For AI Inventions
The U.S. Patent and Trademark Office's recent guidance allows patents for inventions created with artificial intelligence, but inventors need to address the so-called black-box problem to ensure others can recreate the invention, thus meeting the enablement requirement, say Mark Basanta and Georg Reitboeck at Haug Partners.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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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.