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Intellectual Property
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August 28, 2024
2nd Circ. Affirms Ex-GE Engineer's Espionage Conviction
A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.
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August 28, 2024
High Court Told Tyvaso Row Petition Based On 'False' Premise
A small pharmaceutical startup behind a drug that would compete with the blockbuster high blood pressure treatment Tyvaso says United Therapeutics is making a "fundamentally false" argument to the U.S. Supreme Court about why an appeals court rejected United Therapeutics' case.
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August 28, 2024
Detroit Car Service Slams Rival's 'Metro Cars' TM Actions
A Detroit chauffeuring business said it's being unfairly accused of flouting a court order and infringing a competitor's "Metro Cars" trademark despite doing all it can to scrub the phrase from its web presence, calling a recent contempt motion a disingenuous money grab.
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August 28, 2024
Regeneron Sues Sandoz Over Dozens Of Eye Drug Patents
Regeneron Pharmaceuticals Inc. has taken competing biomedical company Sandoz Inc. to New Jersey federal court with an extensive complaint asserting 46 patents and claiming Sandoz infringed them all with a biosimilar alternative to Regeneron's Eylea brand ophthalmic disorder drug.
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August 28, 2024
Chinese Cos. Say Clipboards Don't Infringe MedInfo's Patent
Two China-based online vendors that sell clipboard products on Amazon.com have sued rival clipboard supplier MedInfo Inc. in federal court, saying the Colorado-based clipboard distributor put their business at risk by falsely reporting to Amazon they were infringing a MedInfo patent.
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August 28, 2024
Mug Maker Sues Fla. Rival Over Leopard Print Design
A Denver-based company that makes insulated beverage containers and coolers took a Florida competitor to Colorado federal court for allegedly ripping off a print design for some of its products, which the suit says includes insulated water bottles that compete directly with the Centennial State company's own offerings.
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August 28, 2024
Judge Adds $2.4M To $2M IP Verdict Against Mining Co.
A Texas federal judge ordered a Norwegian mining company to pay $2.4 million, on top of a $2 million jury verdict, covering oil drilling device sales made after they were found to infringe a rival's intellectual property.
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August 28, 2024
USPTO Atty Union Loses Bid For Right To Review Settlements
The U.S. Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.
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August 27, 2024
'Real Martha' Of 'Baby Reindeer' Says Netflix Must Face Suit
A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.
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August 27, 2024
'ER' Creator's Widow Says Warner Bros. Ripped Off Show
The widow of late "ER" creator Michael Crichton on Tuesday accused Warner Bros. Television of abandoning talks to reboot the popular hospital television series, only to turn around and launch a ripped-off version called "The Pitt," a move she called a "brazen disregard" of Crichton's estate's rights.
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August 27, 2024
USPTO Sued For Rejecting Blood Pressure Drug Patent
A small drug developer has hit the U.S. Patent and Trademark Office with a second lawsuit in Virginia federal court over the agency's latest rejection of the company's efforts to patent a different dosage of a drug the company markets to treat low blood pressure.
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August 27, 2024
Take Another Look At Video Game Patent, Vidal Tells PTAB
The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.
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August 27, 2024
Philip Morris' Vape Brand Loses ITC Decision In Juul Fight
The operator of the Philip Morris brand said Tuesday that it disagrees with a ruling from a U.S. International Trade Commission judge who found that the company's vape brand infringes patents owned by rival Juul.
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August 27, 2024
Revlon Says Ex-Workers Stole Britney Spears Fragrance Deal
Global beauty and cosmetics brand Revlon sued several former fragrance marketing executives and upstart competitor Give Back Beauty in New York federal court, alleging they stole trade secrets and breached contracts when luring Britney Spears' perfume line away from Revlon.
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
NFL Union Sues DraftKings Over Broken NFT Licensing Deal
The NFL Players Association has accused DraftKings Inc. of failing to make good on a licensing agreement when the online sportsbook decided to cease payments after shuttering its nonfungible token marketplace in the wake of a civil suit that argued DraftKings' NFTs offended securities laws.
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August 27, 2024
NC State Board Of Education Sued Over NIL Prohibition
A North Carolina mother is challenging the state school board's ban on high school student-athletes using their name, image and likeness for commercial purposes, arguing the state has directed it to regulate, not prohibit, the practice.
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August 27, 2024
Fed. Circ. Won't Speed Up Apple Watch Ban Appeal
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
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August 27, 2024
Disney Wipes Out Verdict In Movie Graphics Copyright Suit
Walt Disney Pictures does not have to pay hundreds of thousands of dollars in copyright infringement damages a jury said it owes to a digital-effects company after a California federal judge overturned the verdict and granted the entertainment company a post-trial victory.
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August 27, 2024
Google Wants Out Of IP Suit Over Pirated Books
Google asked a Manhattan federal judge to dismiss allegations that it allowed advertisements to be shown to users from websites that sell pirated textbooks, claiming it has no ability to supervise those sites and isn't profiting from alleged pirating.
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August 27, 2024
NBA Star Can't Sidestep TM Dispute Over Signature Shoe
NBA player LaMelo Ball, his family and Puma North America Inc. must face a trademark infringement suit brought against them over the athlete's signature shoes, a California federal judge has ruled, finding that there are factual disputes to resolve and that California federal court does have jurisdiction.
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August 26, 2024
$4.4M Award Against Cheat Code Site Upheld At 9th Circ.
A website that circulated cheat codes for the video game "Destiny 2" failed to convince the Ninth Circuit on Monday that it got an unfair shake in front of an arbitrator who told the site to pay $4.4 million for breaking copyright and trademark laws.
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August 26, 2024
'Roller Lash' and 'Lash 'N Roll' Mascaras Face Off In TM Trial
Benefit Cosmetics told a San Francisco federal judge at the start of a trademark and trade dress infringement bench trial Monday that rival e.l.f. Cosmetics sought the "holy grail" when it created a "Lash 'N Roll" mascara that ripped off Benefit's $300 million-blockbuster "Roller Lash" product.
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August 26, 2024
Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies
Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.
Expert Analysis
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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.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.