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Intellectual Property
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July 31, 2024
Jury Instruction Error Kills $21M Verdict Over Noncompete
Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.
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July 31, 2024
Copyright Office Warns Of 'Urgent Need' For Deepfakes Law
The U.S. Copyright Office said Wednesday that "there is an urgent need" for new federal legislation to tackle the proliferation of deepfakes created through artificial intelligence, saying in a long-awaited report with recommendations to Congress that "an era of sophisticated digital replicas has arrived."
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July 31, 2024
Experienced IP Atty Joins Lewis Brisbois From Fowler White
Lewis Brisbois Bisgaard & Smith LLP has announced the hire of a former Fowler White Burnett PA intellectual property attorney with over 20 years of experience as a partner in Fort Lauderdale, Florida.
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July 31, 2024
1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat
The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences.
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July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
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July 31, 2024
Agribusiness Co. Says Ex-Employee Blatantly Stole Clients
An agricultural firm has taken one of its former workers to Ohio federal court for allegedly telling over a dozen clients that he was "putting off" selling products and services to them while he awaited his move to the company's direct competitor, then urging those clients to leave with him.
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July 31, 2024
Greenberg Traurig Adds Michelman & Robinson's Dallas Head
Greenberg Traurig LLP has fortified its litigation and intellectual property and technology practices with a shareholder who previously served as managing partner of Michelman & Robinson LLP's Dallas shop.
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July 31, 2024
White & Case Hires Ex-Latham IP Partner In DC
White & Case LLP has hired a Latham & Watkins LLP partner, who spent the majority of his career with his prior firm, representing clients in a range of intellectual property-related matters, the firm announced Wednesday.
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July 30, 2024
Ameriprise Says LPL Uses Recruits To Harvest Rivals' Secrets
LPL Financial should be barred from using any trade secrets and confidential client information it has harvested from Ameriprise Financial through the recruitment of its competitors' financial advisers, Ameriprise told a California federal judge Tuesday in alleging LPL has violated legal, regulatory and industry rules.
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July 30, 2024
Guess, Macy's Settle IP Suit Over Artists' Graffiti Work
Guess Inc. and Macy's have settled a copyright action lodged by three prominent graffiti artists who accused the companies of exploiting their names and donning their work across T-shirts without permission, the parties told a California federal judge Tuesday.
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July 30, 2024
Patent Award 10 Times Higher Than Request Found Excessive
A New York federal judge Tuesday kept in place a jury's verdict holding that lighting fixture company Lutron Electronics Co. willfully infringed rival GeigTech East Bay's window shade patent, but said $34.6 million for damages is excessive and, instead, offered GeigTech $3.8 million or a new damages trial.
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July 30, 2024
Amazon Hits Nokia With Cloud-Computing Infringement Suit
Amazon sued Nokia in Delaware federal court Tuesday alleging the Finnish tech company infringed a dozen of its patents in an effort to make a late entry into the cloud-computing technology field by "leveraging Amazon's innovative solutions" that were developed over decades.
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July 30, 2024
Fla. Court Won't Nix Award In Israeli Sunglasses Fight
A Florida federal judge declined Monday to vacate an arbitral award issued to sunglasses maker Verso Israel LLC in a $3 million dispute with an Israeli pop star accused of undercutting a deal to promote the brand, ruling that the pop star's motion was filed far too late.
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July 30, 2024
Vidal Uses Her Arthrex Powers To Address A Typo
The head of the U.S. Patent and Trademark Office has ordered patent board judges to revisit a ruling on "an obvious typographical error" in a patent used by a Chinese company to try to eject a different patent involved in litigation surrounding programming used in real-time "camera-like" mapping.
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July 30, 2024
AI Co. Says Actors Can't Prove Voices Are Theirs In IP Suit
A startup that makes software to create voice-over narrations slammed a complaint in New York federal court from two voice actors who allege the company has used their voices without permission, saying they have not plausibly claimed that the voices they have heard on YouTube and other places are actually theirs and not a computer-generated synthetic voice.
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July 30, 2024
Netflix Wants $170M 'Baby Reindeer' Defamation Suit Axed
Netflix urged a California federal judge Monday to toss a Scottish lawyer's $170 million lawsuit alleging the streaming giant's popular stalker miniseries "Baby Reindeer" defamed her, with the show's creator stating in a declaration it is an "emotionally true" fictionalized work he wrote after being stalked by the lawyer for years.
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July 30, 2024
Hytera Radio Redesign 'Infected' With Stolen IP, Motorola Says
Hytera Communications should be held in contempt for shirking royalty obligations on its latest line of digital mobile radio products because evidence shows the company's entire redesign process was "infected" with stolen trade secrets, Motorola Solutions argued Monday.
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July 30, 2024
PTAB Scraps 4 Patents At Heart Of $12M Google Trial Loss
A Texas app developer fighting Google over its calling patents has suffered a series of blows at the patent board after judges there ruled that language in most of those patents were not very new, putting a $12 million jury verdict for the app-maker in jeopardy.
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July 30, 2024
Dyson Can't Dispose Of SharkNinja Vacuum Patent Suit
Dyson can't sweep away a patent infringement suit by Massachusetts-based competitor SharkNinja, a federal judge said Tuesday in denying the high-end vacuum maker's motion to dismiss the case.
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July 30, 2024
Cozen O'Connor Adds IP Pro From Texas Litigation Boutique
Cozen O'Connor announced Tuesday that it has strengthened its intellectual property department with a Dallas-based litigator who came aboard from Carter Arnett Bennett & Perez PLLC.
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July 30, 2024
Tech IP Co. Drops Patent Row With Ford Over 3D Glasses
The holder of patents for 3D movie glasses has dropped a Michigan federal court lawsuit claiming Ford Motor Co. incorporated its patented image-viewing technology into backup cameras.
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July 30, 2024
Virginia Appeals Court Tosses Record $2B Trade Secrets Verdict
The Court of Appeals of Virginia on Tuesday reversed Appian Corp.'s $2 billion trade secrets judgment against competitor Pegasystems Inc., saying that the trial court made a series of errors on its way to the biggest jury award in state history and that a new trial was warranted.
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July 29, 2024
Genzyme Says Sarepta's Dystrophy Gene Therapy Infringes IP
Sanofi's biotechnology company Genzyme Corp. hauled Sarepta Therapeutics into Delaware federal court on Friday, alleging Sarepta's gene therapy treatment for Duchenne muscular dystrophy infringed two of its patents for manufacturing certain therapeutics.
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July 29, 2024
Medical Co. Can't Get Alleged Fraudulent Arbitral Award Nixed
A New York federal judge has declined to vacate an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture, rejecting arguments that an agreement struck by the parties meant that a New York court could decide the issue.
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July 29, 2024
Rapper 6ix9ine Should Pay $73K For 'Stoopid' IP, Judge Says
Tekashi 6ix9ine should pay a Miami rapper more than $73,000 in copyright infringement damages plus attorney fees, a New York federal judge has recommended, finding that default judgment is appropriate because 6ix9ine has willfully failed to litigate the suit.
Expert Analysis
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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How In-House IP Counsel Can Deal With AI's Rise
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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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.