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Intellectual Property
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February 24, 2025
Justices Told Illinois High Court Should Weigh Tire IP Dispute
Atturo Tire Corp. has asked the U.S. Supreme Court to have the top court in Illinois address whether the Federal Circuit wrongly discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.
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February 24, 2025
'Yellowjackets' Makers Omit Overlaps With Film, Court Told
Showtime, Lions Gate Entertainment Corp. and the makers of the TV show "Yellowjackets" use "self-serving descriptions" and "omit similarities" between the show and the 2015 film "Eden" in their bid to toss a suit alleging the hit series ripped off the movie, the filmmakers told a California federal court judge on Monday.
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February 24, 2025
DC Circ. To Hear Judge Newman's Appeal In April
The D.C. Circuit has set a date in April to hear an appeal from Federal Circuit Judge Pauline Newman, who is fighting her suspension from the bench for refusing to undergo medical tests.
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February 24, 2025
Bezos Satellite Co. Seeks To Block His Paper In Docs Dispute
A satellite facility launched by Jeff Bezos' Amazon wants a preliminary injunction to partially block Washington state's labor department from releasing records to the Bezos-owned Washington Post, arguing that the photos and documents are exempt under the state's public records law because they would expose sensitive trade secrets.
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February 24, 2025
Charter Communications Keeps Trade Secrets Suit In Conn.
A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.
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February 24, 2025
USPTO Trademark Head, Ex-Solicitor To Depart This Week
Two more senior leaders are leaving the U.S. Patent and Trademark Office — the current commissioner for trademarks, who is concluding his five-year term, and a longtime agency attorney who said he's departing as part of President Donald Trump's federal worker "deferred resignation" program.
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February 24, 2025
Tax Software Co. Says Rival Is The Real Trade Secrets Thief
Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.
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February 24, 2025
Placement Co. Hit With False Ads Suit Over Referral Model
A company that places senior citizens in retirement homes was hit with proposed class claims alleging it falsely advertises free services and steers business away from communities that decline to participate in its "pay-to-play" business model.
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February 24, 2025
Fed. Circ. Revives Irish Food Biz Kerry's Meat-Curing Patent
Irish food flavoring business Kerry Group persuaded the Federal Circuit on Monday to order administrative patent board judges to take another look at a patent the company owns covering a purportedly new way to prepare cured meats.
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February 24, 2025
Filmmaker Seeks New IP Trial Against Shyamalan, Others
A filmmaker has asked for a new copyright infringement trial against writer-director M. Night Shyamalan and his co-defendants Friday after a jury found that they did not have access to the film she claimed they infringed, arguing that the court failed to answer a crucial question from the jury before the verdict was delivered.
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February 24, 2025
Netflix Sinks Robocast Playlist Patents In Del. IP Suit
A Delaware federal judge has sided with Netflix's arguments that a trio of Robocast patents covering playlist technology are invalid.
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February 24, 2025
Venable Litigator Jumps To Steptoe In California
Steptoe LLP continues growing its West Coast team, announcing Monday it is bringing in a Venable LLP commercial trial lawyer as a partner in its Los Angeles and San Francisco offices.
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February 24, 2025
Supreme Court Skips Fee-Shifting, IP Web Scraping Questions
The U.S. Supreme Court on Monday rejected petitions involving fee-shifting in copyright cases, whether judges or juries should decide what can be copyrighted, and if scraping public information online should be considered hacking under the Defend Trade Secrets Act when it is done by a computer.
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February 24, 2025
High Court Declines To Review Reach Of Trade Secrets Law
The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.
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February 24, 2025
Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits
The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who sought to challenge an arbitral award favoring his former employer.
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February 24, 2025
Justices Won't Review Overturned Slicer Patent Verdict
The U.S. Supreme Court on Monday rejected Provisur Technologies Inc.'s appeal arguing that its right to a jury trial was violated when the Federal Circuit overturned a jury verdict that Weber Inc. willfully infringed its food slicer patents in a $10.5 million case.
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February 24, 2025
High Court Rejects Dish's Bid For Atty Fees For PTAB Work
The U.S. Supreme Court on Monday turned down Dish Network's appeal arguing that, after being cleared in a patent infringement case, it was entitled to attorney fees for its successful Patent Trial and Appeal Board challenge, and from the plaintiff's attorneys.
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February 24, 2025
Paul Hastings Adds Boston Co-Chair For New Tech Practice
The former global vice chair of Latham & Watkins LLP's data and technology transactions practice has moved to Paul Hastings LLP as co-chair of its newly established technology transactions practice, the latter firm announced Monday.
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February 21, 2025
Pepperdine Says Netflix, WB Series Rips Off 'Waves' Athletics
Netflix and Warner Bros. Entertainment ripped off Pepperdine University's intellectual property, including the colors and branding of its basketball team, to create their forthcoming comedy series "Running Point" and create a false sense of affiliation, the university alleges in a trademark infringement lawsuit filed Thursday in California federal court.
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February 21, 2025
Shkreli Avoids Sanctions Over 'Frustrating' Wu-Tang Tangle
Convicted former pharmaceutical executive Martin Shkreli won't have to pay sanctions after purportedly dragging his feet for nearly six months on complying with court orders to hand over copies of a Wu-Tang Clan album to the crypto project that bought it from him.
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February 21, 2025
ITC To Review Hoverboard Maker's Patent Case
The U.S. International Trade Commission is going to look into the latest patent complaint from the inventor of a self-balancing hoverboard who is targeting rival products from China.
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February 21, 2025
Microsoft Says Encryption Suit Misunderstands Its Tech
Microsoft says there's no longer any need for it to face a patent lawsuit over email encryption, telling a Washington federal court that it has become clear that its software "does not work" the way the plaintiff says it does.
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February 21, 2025
Trade Secrets Dispute Between Cell Tower Cos. Stays Alive
A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.
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February 21, 2025
Whirlpool Seeks More Damages And Fees After $27M TM Win
Michigan-based appliance company Whirlpool Corp. has requested enhanced damages and attorney fees after a Texas federal jury found last month that Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. owed Whirlpool $27 million for willfully infringing and diluting the trademark for its iconic KitchenAid stand mixers.
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February 21, 2025
MSN Calls Novartis' Entresto Delisting Protest 'Disingenuous'
Novartis' claim that there's no rush to decide whether a patent covering its blockbuster cardiovascular drug Entresto should be removed from a key drug database is "disingenuous and a complete about-face," MSN Pharmaceuticals has told a Delaware federal judge.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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What Fed. Circ. Ruling Means For Patent Case Dismissals
The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB
Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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Dissecting The Obviousness-Type Double Patenting Debate
The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.