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Intellectual Property
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July 23, 2024
Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'
Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
Firm Says Rival's Trademark Merely 'Common Spanish Phrase'
A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."
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July 22, 2024
Elon Musk's X Corp. Accused Of TM Infringement, Again
Public relations firm Multiply on Monday accused Elon Musk's social media platform of ripping off its stylized "X" logo to create a substantially similar design, despite knowing Multiply already has a registered trademark, according to an infringement lawsuit in California federal court.
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July 22, 2024
Neo Wireless Deceived Patent Officials, Auto Giants Say
Automakers accused of infringing Neo Wireless LLC's technology have urged a Michigan federal judge to keep alive their defense that Neo committed misconduct, arguing that the wireless company withheld information about a competitor's project that would have rendered the patents at issue obvious.
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July 22, 2024
USPTO Wins Dismissal Of Danish Co.'s PTSD Drug Lawsuit
A Virginia federal judge has ruled that the U.S. Patent and Trademark Office appropriately rejected drugmaker Lundbeck's request for three additional months of patent exclusivity for a PTSD drug, saying the agency could dock those days due to the impermissible gray shading of some text in the company's patent application.
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July 22, 2024
VidStream Can't Block X Features That Allegedly Infringe IP
VidStream can't block X Corp. from deploying features that allegedly infringe its patent over a system for receiving and distributing user-generated video, a Texas federal judge said Monday, finding that VidStream is unable to show the alleged infringement can't be remedied through monetary damages and therefore fails to show it will be irreparably harmed.
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July 22, 2024
LegalForce Says Legal Finance Group Is Infringing Its Logo
LegalForce RAPC Worldwide PC has filed a federal trademark infringement suit against Law Finance Group Inc. in the San Francisco Bay Area, accusing it of violating the firm's "LF" trademark in providing legal services.
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July 22, 2024
Jury Delivers $138M Verdict In Bitcoin Mining Consultant Suit
A California federal jury unanimously found bitcoin mining firm Marathon Digital Holdings Inc. liable for nearly $139 million in damages over allegedly breaching a consultant's contract when it cut him out of the deal he brought to the firm.
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July 22, 2024
Fed. Circ. Axes Claim In UNM Network Patent, Questions Others
The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly upheld part of a University of New Mexico wireless communications patent challenged by network equipment maker Zyxel, and ordered the board to reconsider amended claims it had allowed.
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July 22, 2024
9th Circ. Backs Moving Video Game IP Suit To South Korea
The Ninth Circuit on Monday said a federal judge correctly dismissed a copyright and trade secrets complaint from a South Korean video game developer against a rival because their country is a more convenient venue, rejecting plaintiff Nexon Korea Corp.'s arguments that the Digital Millennium Copyright Act should have prevented that from happening.
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July 22, 2024
Scanner Maker Tells 4th Circ. Contract Ends Honeywell Suit
Laser technology company Opto Electronics urged the Fourth Circuit to overturn a jury finding that it was liable for ripping off Honeywell International over royalties for barcode scanners, arguing that a contract between the companies foreclosed the result as a matter of law.
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July 22, 2024
Midyear Report: Surveying Vast NCAA Litigation Landscape
While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.
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July 22, 2024
Litigation Funder Sues Wyoming Co. With Same Name
Litigation funding company Parabellum Capital LLC has filed a trademark lawsuit in Colorado federal court against a Wyoming company called Parabellum Capital Inc., but the Wyoming company appears to be backing down.
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July 22, 2024
Olympic Committee Hits Logan Paul's Drink Co. With TM Suit
The United States Olympic & Paralympic Committee has sued a sports beverage company co-founded by social media influencer and wrestler Logan Paul, Prime Hydration, alleging that it is infringing on Olympic trademarks with an ad campaign featuring NBA star and Team USA member Kevin Durant.
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July 22, 2024
1st Circ. Doubts Calif. Law Governs DraftKings Job Fight
A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.
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July 19, 2024
Platform Sciences Hit With $19M Omnitracs Patent Verdict
A California federal jury on Friday determined that Qualcomm spin-off Omnitracs is entitled to $19.3 million in lost profits and a $140,000 royalty after a former executive's new company willfully infringed one of its fleet management software patents, but cleared it of infringing two other patents.
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July 19, 2024
House IP Committee Heads Unveil Drug Pricing Bill
Reps. Darrell Issa, R-Calif., and Hank Johnson, D-Ga., respectively the chair and top Democrat of the House intellectual property subcommittee, on Friday introduced a new bill that would change patent law to increase competition in the prescription drug market in order to lower patient costs.
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July 19, 2024
14 NBA Teams Hit With Copyright Suits Over Songs In Videos
Fourteen NBA teams have been hit with complaints by several music companies that accuse the basketball franchises of using copyrighted songs in promotional videos without permission, according to lawsuits in Manhattan federal court.
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July 19, 2024
Jury Finds Booking.com Owes Ryanair $5K For Data Scraping
Irish discount airline Ryanair has convinced a Delaware federal jury to find that online travel website giant Booking.com should pay $5,000 for using screen scraping software in a way that ran afoul of computer fraud laws, which the airline likened to "internet piracy."
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July 19, 2024
Judge Tosses Traders' Counterclaims In Trade Secrets Case
A Manhattan federal judge has ruled that Millennium Management LLC and two of its employees cannot yet use the federal trade secrets law to claim attorney fees with their allegation that investment firm Jane Street Group LLC sued them in bad faith over a proprietary trading strategy.
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July 19, 2024
Boehringer Looks To Toss Inhaler Antitrust Case
Boehringer Ingelheim Pharmaceuticals Inc. urged a Massachusetts federal court to toss a proposed class action accusing it of blocking generic versions of two inhaler medications, saying it has valid patents protecting the products.
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July 19, 2024
Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next
Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.
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July 19, 2024
PTAB Invalidates Claims In Amsted Railcar Patent
The Patent Trial and Appeal Board has wiped out several claims in an Amsted Rail Co. Inc. patent covering a way of monitoring the performance of railcars, after the patent had become the subject of a suit between the railcar parts manufacturer and a former executive.
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July 19, 2024
Fla. Man Charged With Selling Fake Tribal Jewelry In Wis.
A Florida man has been charged with several fraud-related counts after he was allegedly caught selling fake Native American jewelry at arts and crafts shows across the country, according to a grand jury indictment handed down in Wisconsin federal court.
Expert Analysis
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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Timing Is Key For Noninfringing Alternatives In Patent Cases
A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against scripts generated by artificial intelligence technology, says Craig Smith at Lando & Anastasi.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.
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Opinion
Why USPTO Should Issue Inherency Guidance Memo
The U.S. Patent and Trademark Office should issue a new guidance memo in regard to the standard for inherency during the examination process, as the standard is frequently misapplied during prosecution, and consistency of the standard in the USPTO should match that in the federal courts, says Irving Feit at Lucas & Mercanti.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.