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Intellectual Property
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August 07, 2024
NC Biz Court Bulletin: The Battles Making Summer Sizzle
A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.
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August 07, 2024
Amgen Waged Lawfare To Overcharge For Drug, Suit Claims
Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.
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August 07, 2024
Fed. Circ. Won't Rethink Amazon Patent Program Suit Revival
The Federal Circuit issued an order Wednesday declining to hold a panel rehearing or a full court rehearing on its May decision to revive an electric outlet cover maker's declaratory judgment action over alleged infringement through Amazon's patent evaluation program.
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August 07, 2024
Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit
Attorneys from Dykema representing a baseball training program in its trademark battle against Sony hit back at the media juggernaut's bid for punitive sanctions Tuesday, blasting the request as baseless.
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August 07, 2024
Apple Loses Fight To Keep Bid For Patent Suit Docs In Del.
Delaware's chief district judge has transferred Apple's bid to force litigation funding company Omni Bridgeway LLC to turn over documents explaining its financial interest in patent litigation against Apple in California to that state, saying he couldn't "think of a good reason" why he should decide the matter.
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August 07, 2024
Pool Co. Can't Get Atty Fees After Losing False Ads Trial
A pool parts supplier on the hook for a $16 million false advertising and unfair business practices judgment isn't entitled to attorney fees in the case, a North Carolina federal judge has ruled, finding there's "no question" the winning party is its opponent given the eight-figure damages award.
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August 07, 2024
CoComelon Attys Score Over $6.6M In Fees, Costs For IP Win
A California federal judge on Tuesday awarded the company behind the popular children's YouTube channel CoComelon more than $6.6 million in fees and costs after its copyright trial win against a Chinese rival, given its "nearly perfect success at trial" and the defendant's "unreasonable arguments throughout the case."
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August 07, 2024
GrubHub Must Face Restaurants' TM Infringement Suit
Grubhub Inc. must face a proposed class action brought against it in Illinois federal court for allegedly using restaurants' trademarks without permission and listing them on its food delivery app without their consent, even though most of the lead plaintiffs have not registered the marks at issue.
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August 06, 2024
AstraZeneca Can't Duck $107.5M Patent Loss To Pfizer Unit
An Illinois federal judge on Tuesday refused to upend a jury's determination that AstraZeneca owes $107.5 million in royalty damages for infringing Pfizer-brand cancer treatment patents, rejecting AstraZeneca's arguments that the patents are unenforceable and the asserted claims are invalid.
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August 06, 2024
Japanese Restaurant In Aspen Sued For TM Infringement
A Florida restaurateur's intellectual property company has filed a trademark infringement lawsuit in Colorado federal court against a Japanese restaurant and its interim manager in Aspen, claiming they continued without permission to use the name and logo the IP company created.
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August 06, 2024
Fed. Circ. Told Edwards Filed Safe Harbor Suit With Bad Intent
The Federal Circuit rightfully held Meril Life Sciences was protected by a patent safe harbor when bringing its preapproval transcatheter heart valve system to an industry conference and that Edwards Lifesciences' attempts to prove otherwise are just delay tactics, Meril told the full court.
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August 06, 2024
Fed. Circ. Pours Out Trademark Board's 'Cognac' Ruling
A cognac distilling industry trade group persuaded the Federal Circuit on Tuesday to scrap an administrative board holding that let a small record label register a trademark using the word "cognac," setting new law on how to determine the fame of "certification marks."
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August 06, 2024
Try Samsung's Petition Again, USPTO's Vidal Tells PTAB
The head of the U.S. Patent and Trademark Office decided to give Samsung another shot at killing off infringement claims that a patent licensing outfit is trying to assert over the Galaxy Watch In Texas federal court.
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August 06, 2024
Louis Vuitton Slams 'Prolific' TM Infringement At Conn. Market
French luxury brand Louis Vuitton Malletier SAS is seeking statutory damages of up to $2 million per counterfeited mark from the operator of a Connecticut flea market where fake goods were repeatedly sold despite a June 2018 agreement to cease such activity, according to a federal lawsuit.
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August 06, 2024
Tech Giants' Fight To Ax Fintiv Rule Returns To Fed. Circ.
Apple and three other major technology companies have again asked the Federal Circuit to abolish a rule allowing the Patent Trial and Appeal Board to refuse to review patents based on related litigation in court, saying it is unlawful because it was implemented without formal rulemaking.
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August 06, 2024
Military Part Supplier Says Competitors Stole Equipment, Info
A machining manufacturer that supplies parts for military aircraft said in a complaint filed in Michigan federal court on Monday that some of its former workers used their access to steal confidential information and equipment to start competing businesses.
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August 06, 2024
Music Licensor Settles Disco Song Row With Detroit Eatery
Music licensor Broadcast Music Inc. and two other major recording companies have settled a copyright infringement lawsuit against a Detroit restaurant, resolving claims of unauthorized performances of three popular disco songs.
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August 06, 2024
Harvard Says Samsung Chips Infringe Chemical Patents
Harvard University's president and fellows sued Samsung Electronics Co. Ltd. and multiple affiliated entities in the Eastern District of Texas, claiming that the production process for some of its microprocessors and memory chips infringe two patents on chemical layering assigned to the school.
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August 06, 2024
Subway, Chick-Fil-A Ink Deals In Mystery Shopper IP Suit
Subway and Chick-Fil-A Inc. have entered agreements with Fall Line Patents LLC to resolve the patent company's claims that they infringed its data management patent with their respective mobile apps, according to a pair of joint filings with the Eastern District of Texas.
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August 06, 2024
Penn Says BioNTech Owes Royalties For COVID-19 Vax
BioNTech was hit with a breach of contract suit Monday in Pennsylvania federal court by the University of Pennsylvania over alleged unpaid royalties on global net sales of its blockbuster COVID-19 vaccine Comirnaty, which was developed using the school's crucial messenger RNA patents and has made more than $75 billion.
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August 06, 2024
Jones Day Slams Ex-Client's Bid To Exit $2M Fee Fight
Jones Day wants to prevent former client Soverain Software LLC from exiting a decade-long spat over $2 million in unpaid legal fees, telling an Illinois state court that Soverain's bid to bring the litigation to a close "is a house of cards that collapses with the slightest breeze."
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August 06, 2024
Fed. Circ. Knocks Out Scottish Search Co.'s Patent Case
A Scottish tech company failed to breathe new life into patents that cover supposed advances in reverse image searching on the internet when the Federal Circuit on Tuesday ended its suit against a different, more successful rival.
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August 06, 2024
DC Circ. Rules Russia Is Immune From Suit Over Jewish Texts
The D.C. Circuit ruled Tuesday that the federal court never had jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts, finding that the country has sovereign immunity and voiding nearly $200 million in fines levied against Russia.
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August 06, 2024
Lowe's Must Face Retail Logistics Co.'s Software IP Suit
Lowe's Home Centers LLC lost its bid to dismiss a retail logistics company's claims it ripped off a merchandise return management software and breached its contract with that software's manufacturer, with a North Carolina federal judge declining to fully toss any of the claims but flagging that some contradicted each other.
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August 05, 2024
No Atty Fees For Either Side After $8K Copyright Verdict
A Washington federal judge refused Monday to grant plaintiff Enterprise Management's request for over $920,000 in fees after winning an $8,000 copyright verdict, finding that although it was the prevailing party, it "filed meritless claims, knowingly pursued baseless claims, and sought settlement amounts that exceeded the value of this case."
Expert Analysis
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Tips For Keeping Trade Secrets In The Vault
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.