Intellectual Property

  • October 16, 2024

    Apple Heart Rate Monitor Patent Survives PTAB

    An administrative patent board has decided not to invalidate an Apple patent that the tech giant once asserted in its ongoing fight with a company in the smartwatch space.

  • October 16, 2024

    Judge Orders 'Starbuds' Co. To Grind Down Logo And Name

    A federal judge in Manhattan has ordered a cannabis food truck to destroy all of its "Starbuds" logos, after siding with coffee giant Starbucks Corp. in a copyright infringement lawsuit.

  • October 16, 2024

    Photog Tells 9th Circ. Miles Davis Tattoo Was Not Fair Use

    A photographer wants the Ninth Circuit to undo a California federal jury's finding that cleared celebrity tattoo artist Kat Von D of claims she infringed a copyrighted photo of Miles Davis that he took, saying she failed to adequately show fair use.

  • October 16, 2024

    Bacardi Fends Off Cuban Co.'s 'Havana Club' TM Claim

    A D.C. federal judge tossed a Cuban state-owned company's counterclaim accusing Bacardi of infringing its "Havana Club" trademark, saying U.S. law barred the court from enforcing the mark.

  • October 16, 2024

    NC Beach Canopy Co. Throws Shade At Rival In Patent Suit

    A North Carolina-based beach canopy maker claims another Tar Heel State company has ignored its request to stop making a product that allegedly infringes a patent for its shading system.

  • October 16, 2024

    Mich. Panel Sinks Inventor's Atty Malpractice Appeal

    A Michigan appellate panel has held that the inventor of a swim training device did not prove he would have built a successful custom swim paddle business had his attorney secured him a patent, affirming the dismissal of a legal malpractice suit against the inventor's patent attorney and firm.

  • October 16, 2024

    PTAB Refuses To Review Pioneer Corn Seed Patent

    The Patent Trial and Appeal Board has said it won't review a challenge to a plant utility patent owned by a unit of a DowDuPont spin-off, handing another loss to a Massachusetts plant breeding startup in a larger legal fight over seed patents between the companies.

  • October 16, 2024

    AAM, Alvogen Back Sun Pharma In Double Patenting Row

    A trade group representing generic-drug makers, a generic-drug company and a plant-breeding technology business have all thrown their support behind Sun Pharmaceutical Industries' bid for the full Federal Circuit to take a closer look at the issue of double patenting.

  • October 16, 2024

    Fed. Circ. Restores Patent Fight Between LED Light Cos.

    A small Utah company that claims to have developed novel LED lights persuaded the Federal Circuit on Wednesday to keep its patent lawsuit alive after a Los Angeles judge used an "improper construction" of words to allow a different company that sells light bulbs to slip out of the suit.

  • October 16, 2024

    Fed. Circ. Affirms Samsung's PTAB Wins Over LED Patents

    The Federal Circuit on Wednesday upheld the Patent Trial and Appeal Board's decision to invalidate the vast majority of two Lynk Labs LED patents, but wasn't ready to address a larger issue from a third, related case.

  • October 16, 2024

    McCarter & English Combines With IP Boutique In Conn.

    McCarter & English LLP has combined with Connecticut intellectual property boutique Harrington & Smith, continuing its recent growth in New England with the addition of 11 attorneys and staff.

  • October 16, 2024

    IP Litigation Duo Joins Holland & Knight In Dallas, Denver

    Holland & Knight LLP announced that a pair of experienced intellectual property attorneys joined the firm's Dallas and Denver offices as partners following a stint at Kilpatrick Townsend & Stockton LLP.

  • October 16, 2024

    Fla. Jury Finds 2 Live Crew Can Take Back Music Rights

    A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.

  • October 16, 2024

    DLA Piper Says 'Sloppy' Work Cost Pregnant Associate Job

    DLA Piper urged a New York federal court to throw out a former associate's lawsuit alleging that she was fired after requesting maternity leave, saying her work performance was "shockingly poor" during her one year with the firm.

  • October 16, 2024

    French NBA Star Sues Over Illicit 'Wemby' Merchandise

    Reigning NBA Rookie of the Year Victor Wembanyama has sued a Texas businessman who is allegedly selling merchandise, including T-shirts and candles, bearing his image and nickname "Wemby" without permission.

  • October 15, 2024

    Qualcomm Milked 'Weak Patents' For Monopoly, 9th Circ. Told

    An attorney for a proposed class of cellphone buyers urged the 9th Circuit Monday to revive antitrust claims against Qualcomm, saying it used "weak patents" to secure licensing agreements that forced companies to give up their right to challenge the patents, although one judge questioned whether the plaintiffs had waived that argument.

  • October 15, 2024

    Western Digital Had No Way Around Patent, Spex Chief Says

    Western Digital owes between $5 and $8.50 per unit for infringing Spex's data security patent based on Spex's 2009 licensing deal with Kingston Technology, Spex's president told California federal jurors Tuesday, noting that Western Digital had no noninfringing alternative to implement hardware encryption in its storage devices. 

  • October 15, 2024

    Uncle Luke Says 2 Live Crew Songs Weren't Works For Hire

    Rapper and producer Luther Campbell, also known as Uncle Luke, told jurors Monday that the checks they'd been shown for payments to members of hip-hop group 2 Live Crew were for per diem expenses, not paychecks, and insisted that the group members were not employees of his record label and can therefore claw back their rights to their old hit recordings.

  • October 15, 2024

    10th Circ. Finds Doll Co. Can Bring Copyright Suit In Utah

    A Utah company that makes realistic human-sized dolls won a ruling from the Tenth Circuit on Tuesday that it can sue two Chinese companies for counterfeiting in Utah federal court because those businesses agreed to the jurisdiction of anywhere Amazon can be legally "found."

  • October 15, 2024

    NYT Says Perplexity Violating IP Law, AI Firm Claims Fair Use

    The New York Times has hit Perplexity AI Inc. with a cease-and-desist letter claiming that the artificial intelligence startup is unlawfully using its copyrighted news content, while Perplexity contends that its AI search engine is lawfully indexing web pages and surfacing facts as citations.

  • October 15, 2024

    Patent Co. Drops IP Suits To Go After Carriers In Antitrust Cases

    Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.

  • October 15, 2024

    Judge Backs Exelixis Cancer Drug Patent Claims

    A Delaware federal judge on Tuesday rejected invalidity arguments against three Exelixis patents that MSN Laboratories Private Ltd. said it would be infringing with a proposed generic of blockbuster drug Cabometyx, while also finding that a fourth patent wasn't invalid nor was it infringed.

  • October 15, 2024

    Fed. Circ. Votes No On Reviving Ballot Machine Patent

    The Federal Circuit on Monday shut down an effort to revive language in a patent covering a "ballot marking device" for disabled voters that had been asserted against vote-counting business Smartmatic USA Corp.

  • October 15, 2024

    OpenAI Says It Will Only Use Its Patents 'Defensively'

    Artificial intelligence firm OpenAI has announced a new pledge to only use its patents for defensive reasons, provided others do not threaten it or assert claims against it first, echoing a similar position taken by electric-vehicle maker Tesla.

  • October 15, 2024

    GSK Says Moderna's COVID, RSV Vax Infringe MRNA Patents

    Moderna's breakthrough COVID-19 vaccine and a related respiratory syncytial virus, or RSV, vaccine were built on mRNA technology discovered by researchers whose patents are owned by GlaxoSmithKline, the latter company alleged in a pair of Delaware lawsuits.

Expert Analysis

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Tips For Revamping Patent Portfolio Strategy In AI Deal Era

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    Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • 2 Years Of Waco: How Patent Case Distribution Has Changed

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    A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.

  • How Courts Split On Damages Analysis In Automotive Suits

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    As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • 7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law

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    A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Daubert Motion Trends In Patent Cases Reveal Damages Shift

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    A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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