Intellectual Property

  • August 29, 2024

    Doctor Wants Stepson Barred From Selling Medial Device

    A Texas doctor has asked a federal court to step in and stop his stepson from selling "micro-current therapy medical devices," saying in a motion this week that his stepson was still using his trademarks despite the fact that he had canceled his license.

  • August 29, 2024

    PI Says He Didn't Publish Trade Secrets In Hacking Suit

    A North Carolina private investigator is doubling down on his bid to defeat what's left of aviation tycoon Farhad Azima's lawsuit accusing him of taking part in an international hacking conspiracy.

  • August 29, 2024

    Fed. Circ. Gives Philips Another Chance In Networking IP Row

    The Federal Circuit on Thursday ordered the Patent Trial and Appeal Board to take another look at arguments from Dutch electronics giant Philips seeking to keep a networking patent alive, deciding that the board was "too conclusory" the first time.

  • August 29, 2024

    Samsung Nabs Costs After Beating Staton Techiya IP Case

    A Texas federal judge on Thursday awarded Samsung $108,674 in court costs stemming from a patent infringement suit filed by the company's former in-house patent attorneys — a case he tossed earlier this year based on unclean hands — and asked for more information on costs still in dispute.

  • August 29, 2024

    Insurer Won't Let Brokerage Platform 'Eat Cake' In TM Suit

    A Colorado workers' compensation insurance company, Cake Insure Inc., Thursday accused a brokerage platform called Eat Cake Inc. of infringing on its trademarked name, saying the web platform can't touch the delectable monicker.

  • August 29, 2024

    Pacira To Appeal Generic's Win In Pain Drug Patent Fight

    Pacira Pharmaceuticals Inc. says it is appealing a New Jersey federal judge's decision invalidating its patent on a nonopioid painkiller and opening the way for generic versions of its drug Exparel, a long-acting injectable for managing postsurgical pain.

  • August 29, 2024

    Albright Boots $8B EV Trade Secrets Suit For Improper Venue

    U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.

  • August 29, 2024

    JPMorgan Says Ex-Adviser Poached Clients Worth $13M

    JPMorgan Chase has accused a former adviser of attempting to solicit clients for Wells Fargo, an effort JPMorgan alleged has so far been successful in converting 16 clients worth $13 million to its competitor.

  • August 29, 2024

    6th Circ. Partially Keeps Injunction In Libertarian TM Row

    The Sixth Circuit has partially upheld an injunction barring a splinter faction of the Libertarian Party of Michigan from using the Libertarian National Committee's trademark, finding its use for identification, rather than political expression, made it subject to federal trademark laws.

  • August 29, 2024

    Wendy's Settles Beef Over Mystery Shopper Data Patent

    Wendy's International LLC and subsidiary Quality Is Our Recipe LLC have cut a deal to end data patent infringement claims brought against them in a sprawling intellectual property case that has already seen several settlements from other fast-food chains.

  • August 29, 2024

    Barstool Sports Settles 2 Federal Copyright Suits In NY

    A photographer and videographer, who separately accused Barstool Sports of using their copyrighted material without permission, have settled and subsequently dropped their New York federal lawsuits against the media company.

  • August 29, 2024

    SunPower Eyes Sept. Auction As IP Objection Nixed For Now

    A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.

  • August 29, 2024

    Mintz Settles Suit Over Clients' $4.3M IP Legal Tab

    Mintz Levin Cohn Ferris Glovsky and Popeo PC settled a dispute over $4.3 million in legal fees and interest owed by parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., according to a Thursday filing.

  • August 29, 2024

    Ex-Littler Atty Drops Suit Alleging Firm Violated $1M Deal

    A former Littler Mendelson PC lawyer has dropped her California state court lawsuit against the firm that alleged it had violated a settlement inked in a suit the firm filed in Texas state court accusing the attorney of stealing confidential information, wrapping up the dispute between the former associate and the firm.

  • August 29, 2024

    Jazz Hits Teva With Patent Suit Over Narcolepsy Drug

    Teva Pharmaceuticals Inc. is infringing a patent for the narcolepsy drug Xywav, Jazz Pharmaceuticals Inc. said in a complaint filed in New Jersey federal court.

  • August 29, 2024

    Cisco Wants Mistrial Over Judge Albright's Claim Construction

    Cisco Systems Inc. has asked prolific patent jurist U.S. District Judge Alan Albright to declare a mistrial in a suit accusing it of infringing a server patent, arguing Judge Albright has been using a different claim construction at trial than his prior guidance suggested.

  • August 29, 2024

    T-Mobile Seeks Full 4th Circ. Look At Simply Prepaid TM Fight

    T-Mobile is asking for an en banc rehearing after a Fourth Circuit panel revived a Virginia-based cellphone company's infringement suit against it, telling the court that Simply Wireless didn't meet the correct standard of "deliberate and continuous" use of its trademarked "Simply Prepaid" branding to bar use of the phrase by other entities.

  • August 28, 2024

    Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill

    California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.

  • August 28, 2024

    Farmer Owes Monsanto $7.4M After Flouting Seed Judgment

    An Illinois federal judge has revived a 7-year-old judgment she entered against a farmer who allegedly prevented a farm from collecting some of its patented Monsanto soybean seed crops planted on the farmer's land and sold them for himself without permission.  

  • August 28, 2024

    CyDex Says Bexson Breached Deal By Misusing Pharma IP

    CyDex Pharmaceuticals hit Bexson Biomedical with a contract breach suit in Delaware Chancery Court accusing it of misusing a CyDex-designed molecule to develop unauthorized non-ketamine formulations, and subsequently filing a patent for those formulations, in violation of the parties' agreement.

  • August 28, 2024

    Mich. Pot Co. Says Court Can Hear Suit Against IP Atty

    A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.

  • August 28, 2024

    'Holy Cow!': MLB Legend's Co. Sues Eatery Over Catchphrase

    A company that manages the intellectual property rights of the late Major League Baseball sportscaster Harry Caray filed a trademark infringement suit in Texas federal court Tuesday accusing a Dallas restaurateur of trying to piggyback off the goodwill associated with Caray's famed catchphrase "holy cow!"

  • August 28, 2024

    WARF Can't Revive Apple Patent Fight After Axed $506M Verdict

    The Federal Circuit ruled Wednesday that the Wisconsin Alumni Research Foundation cannot pursue new allegations that Apple infringes its circuit patent, after a previous $506 million verdict against the tech giant was thrown out on appeal.

  • August 28, 2024

    Lipitor Buyers Seek Final OK For $35M Deal In Antitrust Fight

    End-payor plaintiffs asked a New Jersey federal judge Tuesday to give final approval of a $35 million settlement resolving their antitrust claims against Pfizer over the cholesterol medication Lipitor.

  • August 28, 2024

    Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial

    The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.

Expert Analysis

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

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    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Fed. Circ. Patent Ruling Clarifies Section 101 Procedures

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    The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Foreign Threat Actors Pose Novel Risks To US Tech Cos.

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    A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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