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Intellectual Property
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October 10, 2024
Fed. Circ. Digs Into Patent Applications' Place In Prior Art
A Federal Circuit panel struggled Thursday to work out whether published patent applications meet the requirements to serve as prior art, in order to evaluate whether the Patent Trial and Appeal Board rightfully invalidated claims of a Lynk Labs LED patent.
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October 10, 2024
IP Forecast: 5G Patent Case Spells Deja Vu For EDTX
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 10, 2024
Fed. Circ. Revives Software IP Case Against Salesforce
The Federal Circuit on Thursday threw out a Nevada federal court's finding that Salesforce didn't infringe claims in a pair of patents for database software reprogramming and that the claims weren't valid to begin with, saying key language in the patents has to be looked at differently.
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October 10, 2024
Most Appian Claims Survive In Pegasystems Defamation Fight
A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.
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October 10, 2024
Owner Of Houston Music Co. Says He Was Pushed Out Of Biz
A Houston hip-hop artist has accused his longtime business partner of engaging in a scheme to steal his music production company's funds before ousting him from the business, according to a complaint filed in Texas federal court on Thursday.
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October 10, 2024
5th Circ. Says ISP Liable For Piracy But Orders Damages Redo
The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.
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October 10, 2024
NJ Atty Sues Netflix For Infringement Over Boy Scouts Movies
A trial lawyer who spent years litigating sexual abuse cases against the Boy Scouts is suing Netflix Inc. for copyright infringement after the streaming giant came out with a documentary on the abuse just nine months after his film premiered.
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October 10, 2024
Nike Rips Report In TM Suit, Rival Wants $6.75M In Fees
Nike has pushed back on a report finding that its behavior toward a Pennsylvania apparel company during a trademark dispute was severe enough to support ordering Nike to pay attorney fees, with the smaller company saying it is owed about $6.75 million in fees.
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October 10, 2024
Lawmakers Want Calif. Colleges To Flex NIL Muscle
As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.
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October 09, 2024
Kingston Paid Royalties For SPEX's Data Security IP, Jury Told
The founder of Spyrus Inc., which assigned its data security patents to SPEX Technologies, Wednesday told California federal jurors in the infringement trial against Western Digital that Kingston Technology paid a royalty rate of $20 per flash drive sold to license the patent and never challenged its validity.
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October 09, 2024
Shkreli Hasn't Obeyed Wu-Tang Album Order, Crypto Co. Says
The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Wednesday once again told a New York federal judge that the notorious pharmaceutical executive hasn't complied with an order directing him to account for all copies of the album he may have made.
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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.
Expert Analysis
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.