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Intellectual Property
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August 20, 2024
OnePlus Gets Do-Over For 'Excessive' $10M Pantech Verdict
Chinese phone company OnePlus can have a new trial on damages after it was hit with a $10 million infringement verdict in Pantech Corp.'s patent dispute over technology used to comply with 5G wireless standards, a Texas federal judge ruled, saying, "There is no question this verdict is excessive."
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August 20, 2024
Vans, MSCHF Settle 'Wavy Baby' Sneaker TM Suit
Vans told a New York federal judge Tuesday that it resolved its trademark suit lodged over artist collective MSCHF's Wavy Baby sneaker, urging the court to approve an agreed-upon permanent injunction barring the collective from using Vans' side stripe mark and other elements of its decades-old Old Skool shoes.
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August 20, 2024
PTAB Keeps Online Ad Display Patent Intact
A panel of the Patent Trial and Appeal Board on Monday in a final written decision upheld a patent covering a purportedly novel way of loading advertisements on websites.
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August 20, 2024
Realtek Suit Is Just 'Litigation Over Litigation,' IP Biz Says
Litigation business Future Link says the latest version of an antitrust lawsuit in California federal court from Taiwanese chipmaker Realtek over claims of a conspiracy with a different Taiwanese chipmaker to fund purported "patent troll" lawsuits is just more "litigation over litigation."
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August 20, 2024
Cox, Music Publishers Ask Justices To Review Copyright Row
Cox Communications and music publishers led by Sony Music Entertainment have petitioned the U.S. Supreme Court to review a Fourth Circuit ruling — with music companies asking for clarity on the scope of liability for internet service providers for online piracy and Cox asking whether it can be responsible for copyright infringement for merely providing an internet connection.
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August 20, 2024
Advanced Bionics Sues Med-El At ITC Over Implant Patents
Switzerland's Advanced Bionics has brought claims against Austria's Med-El at the U.S. International Trade Commission, alleging the rival maker of cochlear implants is infringing two patents on hearing aid technology and seeking an exclusion order banning Med-El's products from being imported into the U.S.
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August 20, 2024
Trade Judge Says Ban On Chocolate Mix Was Flouted
The U.S. International Trade Commission found that four grocers violated a ban on selling an imported chocolate malt drink mix that infringed a New Jersey supplier's Bournvita mark, according to an announcement from the agency.
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August 20, 2024
SharkNinja Urges Mass. Court To Reject Dyson Patent Claims
SharkNinja is asking a federal judge in Massachusetts to deem it has not infringed five patents held by rival vacuum-maker Dyson, three months after Dyson brought a patent infringement claim against SharkNinja in Texas over the same patents.
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August 20, 2024
PleasrDAO Wants Shkreli To Hand Over Wu-Tang Clan Album
The cryptocurrency project that now owns a one-of-a-kind Wu-Tang Clan album has urged a New York federal judge to order Martin Shkreli to hand over any copies he made of the album while he possessed it since the album's value "depends almost entirely on its uniqueness, and the secrecy that surrounds it."
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August 20, 2024
Anthropic Hit With Another Copyright Suit Over LLM Training
Anthropic PBC was hit with a proposed class action Monday in California federal court from a group of journalists and authors alleging the artificial intelligence giant is exploiting their copyrighted materials to train its large language model, Claude, without permission or a license, and has become enormously successful at their expense.
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August 20, 2024
Walt Disney, Marvel Freed From Shirtmaker's IP Row In NC
The Walt Disney Co., Marvel Entertainment and a Marvel affiliate have been freed, for now, from a shirtmaker's trademark infringement lawsuit after a North Carolina federal judge ruled that the entertainment giants don't have enough ties to the Tar Heel State.
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August 20, 2024
Albertsons Stole 'Schedule & Save' Tech, Seattle Co. Says
A Seattle software company is claiming Albertsons breached a deal to develop an automated service for customers to replenish their go-to purchases, saying the grocery giant abandoned the contract amid its pending merger with Kroger and launched a "nearly identical" system in a trade secret ripoff.
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August 20, 2024
Albright Won't Let Meta Patent Row Move To California
U.S. District Judge Alan Albright of the Western District of Texas says the presence of some Texas-based Meta employees involved in developing its Quest headsets outweighs the tech company's bid to eject out of his court a lawsuit over patents once issued to a failed mobile fitness brand.
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August 20, 2024
Vax Patent Battles Heat Up As Attention On Pandemic Wanes
It's been over four years since clinical trials began for COVID-19 vaccines, and while the shots have helped the pandemic recede, the lucrative technology has spurred numerous patent suits, many of which are still in the early stages. Here's a look at some of the key cases in the U.S.
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August 20, 2024
Fed. Circ. Flips Samsung's Win In 'Slide To Unlock' Patent Suit
The Federal Circuit on Tuesday revived part of a small smartphone company's patent suit against Samsung over its "swipe to unlock" feature, saying that one of Neonode Smartphone's core patent claims was more definite in its scope than the lower court gave it credit for.
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August 20, 2024
Pierson Ferdinand Furthers Growth With FisherBroyles IP Ace
The rapidly growing Pierson Ferdinand LLP announced Tuesday that it picked up an intellectual property partner from FisherBroyles LLP with a long resume of trademark law work to serve clients out of Boston, Washington, D.C., and California.
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August 20, 2024
Davis Wright Grows IP Group In DC With Tech-Focused Atty
Davis Wright Tremaine LLP expanded its intellectual property services in Washington, D.C., with the addition of a patent litigator with nearly 30 years of experience representing technology companies.
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August 20, 2024
FTC Endorses Push For Broader Access To Biosimilar Drugs
The Federal Trade Commission is backing a proposal that would make it easier for drugmakers to show biosimilar medicines are safe substitutes for their more expensive counterparts, a move the agency says would boost competition and reduce confusion.
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August 20, 2024
Feds Launch Probe Into Wi-Fi Technology Imports
The U.S. International Trade Commission opened an investigation into a domestic semiconductor company's claims that a Chinese rival was selling Wi-Fi technology in the U.S. that infringes on its intellectual property.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Atty's Use Of 'Gallo' Ruffles Feathers At Competing Law Firm
A Texas law firm says an attorney in the Lone Star State is confusing the public by using "Gallo," the Spanish word for rooster, in marketing his legal services despite the firm's trademark rights for using the word in that context.
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August 20, 2024
IP Duo Join Thompson Hine From Cincinnati Boutique
Thompson Hine LLP announced Tuesday that a pair of attorneys from intellectual property boutique Wood Herron & Evans joined the firm's office in Cincinnati, Ohio.
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August 19, 2024
Biogen Paid To Help Curb Generic Tecfidera Sales, Says Suit
Biogen illegally impaired competition for its multiple sclerosis drug Tecfidera by paying major pharmacy benefit managers to prioritize the brand over generics while it worked to shift the market to a different version of the medication, a multi-employer welfare plan alleged Friday.
Expert Analysis
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Patent Ruling Shows A Minor Typo Can Lead To A Major Loss
A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.