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 14, 2024

    The Onion Buys Alex Jones' Infowars At Ch. 7 Auction

    Satirical news website The Onion has purchased Alex Jones' Infowars at a Chapter 7 bankruptcy auction, according to a Thursday announcement by the firm representing Sandy Hook shooting survivors who won a $1.4 billion defamation award over his claims the massacre was a hoax.

  • 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.

Expert Analysis

  • When Arbitration Is Effective For Employment And IP Cases

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    Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.

  • US Intellectual Property-Based Sanctions Could Be Imminent

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    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Copyright Questions Surround AI Music Platform Suits

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    If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.

  • Patent Marking Steps After Fed. Circ. Opens Lanham Act Door

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    Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Tracking The Slow Movement Of AI Copyright Cases

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    The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.

  • The EU Design System Changes US Cos. Need To Know About

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    With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • When 'Patented' Goes Beyond Inventorship In False Ad Cases

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    The Federal Circuit's recent false advertising holding in Crocs v. Effervescent is significant because it offers a nuanced yet realistic understanding of what false claims about a product's status as "patented" can mean, say attorneys at McDermott.

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