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Intellectual Property
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August 01, 2024
Airbnb's $1.3B Bill From IRS Overvalues IP, Tax Court Told
Airbnb is challenging a $1.3 billion tax bill tied to income the IRS allocated from overseas, telling the U.S. Tax Court the agency overvalued intellectual property the home-rental giant licensed to its Irish affiliate before going public.
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August 01, 2024
Turf Co.'s Injunction Bid Is Too Vague, Ga. Judge Rules
A Georgia federal judge rejected a major artificial turf manufacturer's attempt to stop a rival turf company from using files allegedly stolen by one of its former executives before he jumped ship, saying the requested injunction was too vague and only sought to force the company to follow existing law.
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August 01, 2024
MoFo Adds 3-Atty IP Litigation Team In NY From Desmarais
A trio of life sciences intellectual property litigation attorneys from Desmarais LLP have joined Morrison Foerster LLP in New York.
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August 01, 2024
Judge Kills Trade Secrets, Contract Suit Against Ex-Director
A federal judge agreed on Wednesday to toss legal industry staffing company HIRECounsel D.C. LLC's breach of contract and trade secrets lawsuits against a former managing director of client relations, saying the company had not managed to prove actual or liquidated damages.
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August 01, 2024
Bipartisan Senator Team Reintroduces Anti-Deepfake Bill
Four senators introduced an updated version of the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024, or the NO FAKES Act, to combat the creation and distribution of fake replicas of people without their consent, drawing major industry support and some backlash.
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July 31, 2024
Lewis Brisbois TM Foe Can't Ax Injunction, 5th Circ. Says
The Fifth Circuit on Wednesday upheld an injunction against three Texans accused of ripping off the Lewis Brisbois Bisgaard & Smith LLP name, saying it's clear the only reason the defendants created the infringing entity "was to ride on the back" of the BigLaw firm's reputation.
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July 31, 2024
Fla. Jury Awards $8.3M In Spat Over Sale Of Pro Player Brand
A Florida jury has awarded Perry Ellis $8.3 million after finding that United Legwear Co. purposely depressed the value of Perry Ellis' Pro Player brand under a licensing agreement to avoid paying fair market value when it purchased the brand later.
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July 31, 2024
AI Prior Art Is Either Nothing New Or A Red Flag, USPTO Told
Technology companies, drugmakers and various industry organizations have represented to the U.S. Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art.
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July 31, 2024
Del. Judge Clears Lupin's Generic Kidney Disease Drug
A ruling out of a Delaware federal court on Wednesday prevented a major Japanese pharmaceutical company from using patent law to block an Indian rival's efforts to market a generic version of a blockbuster kidney disease treatment.
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July 31, 2024
Novartis Says FDA Wrongly OK'd Generic Heart Drug
Pharmaceutical company Novartis alleges the U.S. Food and Drug Administration unlawfully approved a generic version of the drugmaker's heart failure medication Entresto in a new lawsuit in D.C. federal court.
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July 31, 2024
Fed. Circ. Sees No Disclosure In Private Sale Of Laptop Ports
A "private" sale of some 15,000 laptop ports doesn't count as "a public disclosure," as far as patent law is concerned, the Federal Circuit ruled Wednesday, affirming a patent board panel's earlier ruling.
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July 31, 2024
Apple, Google Dropped From IP Suit Over PUBG Knockoffs
A California federal judge has agreed to dismiss video game publisher Krafton's copyright suit accusing Google and Apple of distributing infringing versions of PlayerUnknown's Battlegrounds on their respective platforms, while Krafton and YouTube said they're close to resolving claims over an infringing film containing game footage.
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July 31, 2024
Trade Secrets Cases To Watch In 2024: A Midyear Report
A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.
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July 31, 2024
Senators Aim To Increase Injunctions In Patent Battles
A new bipartisan bill in Congress would make it easier for federal courts to issue injunctions in patent cases, but critics say this would primarily help companies "that do not make any products or provide any services."
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July 31, 2024
Judge Rips 'Stinky' Business In Skiplagged Ticketing Suit
A Texas federal judge gave early wins Wednesday to American Airlines Inc. and Skiplagged Inc. in the airline's suit alleging the booking site used a "loophole" in booking connecting flights to sell unauthorized tickets, but he made sure to note his issues with the ticketing firm's business practices.
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July 31, 2024
Authors' Suit Against OpenAI Trimmed To Copyright Act Claim
A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.
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July 31, 2024
Inhaler Patents 'Must Be' In Orange Book, Teva Tells Fed. Circ.
Teva Pharmaceuticals USA Inc. urged the Federal Circuit to upend a lower court decision ejecting inhaler device patents from an important government database, arguing that the delisting, won by Amneal Pharmaceuticals Inc. in an infringement lawsuit, ignores broad protection envisioned under intellectual property law.
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July 31, 2024
Jury Instruction Error Kills $21M Verdict Over Noncompete
Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.
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July 31, 2024
Copyright Office Warns Of 'Urgent Need' For Deepfakes Law
The U.S. Copyright Office said Wednesday that "there is an urgent need" for new federal legislation to tackle the proliferation of deepfakes created through artificial intelligence, saying in a long-awaited report with recommendations to Congress that "an era of sophisticated digital replicas has arrived."
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July 31, 2024
Experienced IP Atty Joins Lewis Brisbois From Fowler White
Lewis Brisbois Bisgaard & Smith LLP has announced the hire of a former Fowler White Burnett PA intellectual property attorney with over 20 years of experience as a partner in Fort Lauderdale, Florida.
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July 31, 2024
1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat
The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences.
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July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
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July 31, 2024
Agribusiness Co. Says Ex-Employee Blatantly Stole Clients
An agricultural firm has taken one of its former workers to Ohio federal court for allegedly telling over a dozen clients that he was "putting off" selling products and services to them while he awaited his move to the company's direct competitor, then urging those clients to leave with him.
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July 31, 2024
Greenberg Traurig Adds Michelman & Robinson's Dallas Head
Greenberg Traurig LLP has fortified its litigation and intellectual property and technology practices with a shareholder who previously served as managing partner of Michelman & Robinson LLP's Dallas shop.
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July 31, 2024
White & Case Hires Ex-Latham IP Partner In DC
White & Case LLP has hired a Latham & Watkins LLP partner, who spent the majority of his career with his prior firm, representing clients in a range of intellectual property-related matters, the firm announced Wednesday.
Expert Analysis
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Trending At The PTAB: How Q1 Policymaking Affects Practice
Attorneys at Finnegan consider the first quarter's U.S. Patent and Trademark Office policymaking initiatives and how they may affect practice before the PTAB, including a rule that would codify the current pilot program that allows patent owners two opportunities to amend the challenged claims.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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A Defense Strategy For Addressing Copyright Fee-Shifting
Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.
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Design Rights Can Build IP Protection, EU Lego Ruling Shows
The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.
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Contract Disputes Recap: Facts Differ But Same Rules Apply
Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.
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Untangling The Legal Complexities Of Trade Secrets And AI
With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.